Ramu NiCo fails to lift interim injunction on DSTP

See below an article from National Newspaper today.
Congratulations to the Raicoast people of Madang Province for standing together and for ensuring that this case has coming this far. Today is the 90th day for this court injunction to be in place preventing the Ramu Nickel Mine from dumping its waste into the sea as well as blasting of the off-shore reefs at Basamuk. The eyes of the other landowners in the region and also in the world that are going through similar struggles are on these people. It is very empowering and encouraging for landowners to win this case. It is a David and Goliath fight and we hope the landowners come out winners in the full trial next month. The government should by now understand that we are no longer in the 80s. Its time gone for all tactics to be effective.

Source:

By JULIA DAIA BORE

RAMU NiCo, developers of the giant Ramu nickel project in Madang, have failed in the Supreme Court to quash an interim injunction to proceed with the construction of a deep sea tailings placement (DSTP) system and get the mine off the ground.
A three-judge Supreme Court last Friday dismissed the appeal by Ramu NiCo and its state partners against the lower court’s granting of the interim injunction which had effectively stopped work on the last stage of the construction at Basamuk Bay.
The ruling means that a trial date will be set, probably next month, for the substantive matter to be argued in court.
Four landowner leaders – Eddie Tarsie, Farina Siga, Peter Sel and Sama Melambo – and the Pommern Incorporated Land Group had sought the interim orders in the National Court in Madang in March and April that the DSTP system off-shore of the Basamuk and Astrolabe bays would be detrimental to all landowners along the Madang coastal areas and their entire livelihood.
They also claimed that it was not the best practice of environmental management activity. Justices Catherine Davani, Derek Hartshorn and Don Sawong ruled that while they noted the submissions made by Ramu NiCo and its partners, they were also mindful that if the DSTP was allowed to proceed, “the potential environment harm far outweighs the lifting of the injunction”.
“The balance of convenience lies in maintaining the status quo at least until after the trial of the substantive matter,” they ruled, adding that “it is better to take a precautionary approach than to proceed in haste”.
Ramu NiCo and its partners had, in essence, submitted in their appeal that it was lawful for them to proceed with the construction of the DSTP system as agreed to in their joint venture agreement and also based on the mining development contract signed between the parties concerned, including the PNG government and MCC to start mining nickel in the Kurumbukari area of the Bismarck Ranges before the end of this year.
The partners had argued in court that the landowner leaders, in their ILG in this proceeding, only represented their own interests and not that of the bulk of the Basamuk Bay people.

National Newspaper July 29 2010

Dumping system ‘harmful’

By JOSHUA ARLO

The approved permit given to the Ramu Nico (MCC) Management Limited for coral blasting to construct the deep sea tailing placement system (DSTPS) was made without proper assessment of the potential risks to the environment, a court was told on Friday.
This showed that the Government had failed to properly assess the impacts of whether this course of dumping of mine waste is harmful and will interfere with the eco-biological fish and fauna life in the waters at the mine site.
These were some of the arguments put by landowners and landowner groups around the project site who are fighting for a permanent injunction against MCC’s proposed mine dumping plan and its construction.
The landowners also argue that the permit does not authorise the environmental harm that will be caused by dumping the mine waste in the sea, and that so far there have been breaches in some of the conditions of the permit in which MCC has failed to follow to the letter as to no septic tanks constructed for its workers and no proper drainage systems on the project site to remove human waste which is being dumped straight into the sea, untreated.
Tiffany Nonggorr for the landowners argued that if MCC could not follow these simple conditions, how could it monitor the dumping of tonnes of mine waste into the sea. Mrs Nonggorr submitted that DEC also neglected to monitor these simple permit conditions, and the landowners failed to see how it could monitor the mine waste being dumped into the sea. She also argued that there were scientific research reports that showed such proposed tailing dumping would cause harm to the environment and the lifestyle of the local people.
She urged the court to look at the issue of harm being unlawful, not the fact whether the permit approving the dumping was lawful or unlawful. She said there was no evidence of further research on this issue before DEC approved the permit.
MCC argues the permit was approved and there was no serious issue for the matter to linger in court. MCC submitted that the DSTPS was the best option of mine waste dumping after looking at all other dumping systems. MCC told the court that Mrs Nonggorr had “glossed” over the facts, making them “quite laughable” and that there was evidence of further research which showed there will be no harmful risks imposed using this proposed system. MCC stated that acid used in the mining process that will be dumped is “deactivated” and “so it is nonsense that tailings discharged in the sea is harmful”.
While the Supreme Court considers whether or not to permanently extend the interim injunction, the issue raised by the landowners is yet to be heard in a substantive trial before the National Court.

Postcourier, 5 July 2010

Change of leadership

This is the 71^st day since the court injunction preventing the Ramu Nickel Mine from dumping of waste into the sea at Astrolabe Bay as well as blasting of the reefs. The situation in Madang as we hear from sources on the ground is now tense. While the people of Madang are fully prepared and pumped up for a public protest on Wednesday re: the recent changes to the Environment Act, MCC as well as the government of Papua New Guinea are desperately running out of ideas in dealing with the situation. This is an indication of the power of people. If people can stand together they can be able to make a big difference. The government of PNG is now confused as hell. The government should know that the people are no longer blind. The tactics used to run this country in the 80s is no longer relevant and applicable. Seriously there needs to be change in leadership if this country is going to progress.