Part III of the Mining Act 1992 establishes three institutions, each with a distinct role in the life of a tenement.
Section 11 — the Mining Advisory Council
(a) the Managing Director of the Mineral Resources Authority, ex officio, as Chairman;
(b) the Director of the Department of Environment and Conservation, ex officio, or a written nominee;
(c) the nominee of the Departmental Head responsible for treasury matters — at least Assistant Secretary level, and not a member or alternate member of the Board of the Authority;
(d) the head of the Department responsible for provincial affairs, ex officio, or a written nominee;
(e) three employees of the Authority holding management positions, appointed in writing by the Managing Director;
(f) the nominee of the Departmental Head responsible for mineral policy — at least Assistant Secretary level, and not a Board member; and
(g) one person appointed in writing by the Minister.
The environment regulator sits on the Council, in paragraph (b) — a structural link to the Environment Act 2000, whose section 46 restrains other authorities from issuing approvals for level 2 or 3 activities before an environment permit is granted.
And the Treasury and mineral policy nominees must not sit on the Board of the Authority. That separation keeps the advisory function distinct from the Authority’s own governance.
Under section 11(5), in making appointments the Minister or Managing Director shall have regard to the appointee’s qualifications and experience in mining, geology, finance, law or related fields. Section 11(3) allows a member (other than the Managing Director) to appoint an alternate in writing, with the Managing Director’s consent; section 11(4) requires the Managing Director, if unable to attend, to appoint a member to act in his absence.
Sections 12 and 13 — the Executive Officer and meetings
(a) the Managing Director and three other members are a quorum;
(b) the Managing Director shall preside;
(c) all questions are decided by a majority of votes;
(d) each member has a deliberative vote, and on an equality of votes the Managing Director has a casting vote; and
(e) subject to the Act, the Council determines its own procedures.
The Council appoints an officer of the Authority as Executive Officer, who is responsible for convening meetings (s 12). The Council meets as often as necessary, at such times and places as the Managing Director directs (s 13(1)).
Section 14 — the Council’s functions
The functions of the Council are (a) to advise the Minister on such matters as the Minister may refer to it; and (b) such other matters as are specified in this Act.
Paragraph (b) is where the real work lies. The Act gives the Council a role at many points, including:
- Section 104 — receiving the Registrar’s report on an application;
- Section 109 — receiving the Warden’s report on the hearing;
- Section 110 — making the recommendation on grant or refusal of a tenement;
- Sections 63, 79 and 95 — considering objections by the holder of an exploration licence to applications for an alluvial mining lease, a lease for mining purposes, or a mining easement.
The grant of a tenement is the Minister’s decision, made on the Council’s recommendation. For a special mining lease the Minister must also have convened a development forum under section 3(1), and before granting a mining lease must consult the provincial government under section 3(3).
Section 15 — the Registrar of Tenements
There shall be a Registrar of Tenements, an employee of the Authority appointed by the Managing Director by notice in the National Gazette. His functions, powers and duties are as specified in the Act, and he may delegate in writing to any employee of the Authority (except the power of delegation).
The Registrar is the administrative centre of the tenement system. Among other things he registers applications and fixes their priority (ss 100, 103), conducts the preliminary examination (s 101), reports to the Council (s 104), gives notice of applications (s 106), keeps the Register of Tenements (s 113), records dealings and transfers (ss 114–120), receives caveats (ss 127–129), and handles surrender, cancellation and expiry (ss 139, 143, 144).
Section 16 — Wardens
The Managing Director shall appoint (a) an employee of the Authority to be Chief Warden; and (b) such other employees as he considers necessary to be Wardens.
The Chief Warden undertakes the duties of a Warden and such additional functions as the Act allocates or the Managing Director refers, and may delegate in writing to a Warden.
The Warden is the point at which the system meets the landholder. A Warden:
- conducts the hearing on an application and hears objections (ss 107, 108);
- reports to the Council on the hearing (s 109); and
- determines compensation where the parties cannot agree (s 157), with an appeal from that determination under section 158.
Section 166 provides for police to assist Wardens.
The Mineral Resources Authority
The Managing Director, the Registrar and the Wardens are all officers of the Mineral Resources Authority, and section 146 provides that fees are determined by the Authority by notice in the National Gazette. The Authority also maintains the repository for all mineral and geological data and the central monitoring hub under section 5A — failure to comply with which carries a fine of up to K1,000,000, or four years’ imprisonment, with a daily default penalty of K100,000.
Section 169 gives the Minister and officials immunity in respect of acts done in good faith under the Act.
The Mineral Resources Authority Act 2005, which establishes the Authority, is not carried in the PacLII Papua New Guinea consolidated database; the Mineral Resources Authority (Amendment) Act 2018 is available there.
Who to approach, and about what
| Issue | Who |
|---|---|
| Lodging or checking an application, priority, or the Register | Registrar of Tenements |
| Objecting to an application | Lodge with the Registrar; heard by a Warden |
| Compensation not agreed | Warden — s 157 |
| Appeal from a Warden’s compensation determination | Under s 158 |
| Grant, refusal, extension of a tenement | Minister, on the Council’s recommendation |
| Development forum before a special mining lease | Minister — s 3 |
| Reserving land from mining | Minister, by National Gazette notice — s 7 |
| Security for a tenement, and its discharge | Managing Director — s 150 |
| Environment permit for the activity | The Director of Environment under the Environment Act 2000 |
Sources
- Mining Act 1992 — ss 3, 5A, 7, 11–16, 100–110, 113–120, 127–129, 139–150, 157, 158, 166, 169; Part III
- Mineral Resources Authority (Amendment) Act 2018
- Environment Act 2000
- Mining (Safety) Act (Chapter 195A)
Before relying on anything here, read the current text of the Mining Act 1992 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.