Minister Manu’ari says outdated mining laws and the first-come, first-served process require urgent legislative reform.
MINISTER for Mines and Energy Derrick Manu’ari says the “first come, first serve” approach under the current mining legislation is a recognised flaw that needs to be addressed through legislative reform.
In a statement today, Minister Manu’ari clarified that the current Mines and Minerals Act is outdated and does not adequately reflect the Government’s commitment to strengthening the role of customary landowners in decisions concerning mineral development on their land.
“We acknowledge that the issue that has arisen illustrates the flaws and weaknesses in the current laws, including the first come, first serve process,” he said.
Minister Manu’ari said this is precisely why the proposed amendments to the Mines and Minerals legislation need to be brought before Parliament as soon as possible.
He said the new legislation is intended to give greater weight to the views and interests of landowners in determining who should be allowed to invest in their customary land, while creating opportunities for meaningful partnerships between investors and landowners.
The Minister also clarified the current legal position under the Mines and Minerals Act (Cap. 42), saying a review of the legislation indicates that there is no express provision requiring the Minerals Board to defer consideration of a Prospecting Licence (PL) application pending completion of customary land recording.
He said under the current law a landowner objection does not automatically cancel or prevent consideration of a PL application.
“The Act establishes a two-stage process. The Board may first assess whether a PL application is acceptable. If acceptable, the Minister issues a Letter of Intent (LOI) subject to the applicant acquiring surface access rights,” he said.
“It is following the LOI that section 21 requires identification of the affected landowners or landholding groups and negotiations for surface access.”
Minister Manu’ari said the Government must be clear about what the existing law provides while also recognising the need to fix weaknesses within that law.
He stressed that customary landowners and the wider public must be properly informed about the legal process and should not be misled by inaccurate interpretations of the current legislation.
“People and landowners must not be ill-informed. We have a responsibility to explain clearly what the current law provides and, importantly, why reform is necessary.”
The Minister said the proposed amendments are therefore critical to strengthening the mining regulatory framework and ensuring that customary landowners have a stronger voice and greater opportunity to benefit from mineral development occurring on their land.
SOURCE// Office of Prime Minister Press Release
