More oppose amendments

By TODAGIA KELOLA

MORE opposition to the Environment (Amendment) Act passed recently by Parliament has come in.
Two Members of Parliament have come out publicly calling for the amendments to be rescinded and a number of legal experts have raised concern on the law, criticising their colleague lawyers who drafted it.
Member for Sumkar and a Government backbencher Ken Fairwether has taken out a paid advertisement opposing the Act and calling on his fellow MPs to repeal it while outspoken Bulolo MP Sam Basil wants the law to repealed.
Two senior constitutional lawyers who reviewed the law said the Environment (Amendment) Act 2010 was a very “tyrannical” law. “It makes our Government of the people now for the miners,” one said.
The legal implications of the Environment (Amendment) Act 2010 (EAA) are on Property rights [s.1(2) EAA]
“Landowners of Basamuk and other areas of PNG have customary land ownership, possession, use of land and can do transaction within the same customary group.
“This property is protected by the Constitution. By merely stating this right is compulsorily acquired for public purpose without providing for just compensation, the law amounts to expropriation of property.
“This makes the Environment (Amendment) Act 2010 unconstitutional as it contravenes Section 53 of the Constitution.”
For Public purpose [s.1(2) EAA] they argued that, “Mines are money business. No money, no mine. Private investors will invest if the investment will yield a certain financial rate of return. If taxes were collected then mines would be of economic importance to a nation.”
They also disagreed that mines were public purpose business activities. Public purposes are service oriented. Transport infrastructure, recreation, accommodation and towns are examples of public purpose.
Utilities like telecommunication, power, water and sanitation can be public or private depending on object. Profit will mean private and service, mining is a private business for profit. It is not a public purpose activity.
The new law according to the experts is also an encroachment on other laws [s.69A EAA]
The section on extinguishing cause of action [s.69B EAA] also derides PNG as a Western democracy.
“An important principle is checks and balances for excesses of power and authority by any person. The rule of law and due process are to give effect to checks and balances. The Environment (Amendment) Act 2010 gives more powers to one person without checks and balances,” they said.

Post Courier, June 17, 2010