PREAMBLE.
WE, the representatives of our People in the National Parliament:
(a) recognizing the need for the Ok Tedi deposits to continue to be efficiently and economically developed and mined and for the Ok Tedi mine to continue its significant contributions to the advancement of the social and economic welfare of the people of Papua New Guinea in general, and the people of Western Province in particular; and
(b) recognizing also that the operations of the Ok Tedi mine have had certain effects on the environment and that certain persons have been adversely affected as a result and have made claims in that regard; and
(c) recognizing also the significant cost of the Ok Tedi mine and its generation of a significant part of the gross domestic product and foreign exchange earnings of Papua New Guinea; and
(d) recognizing also that as a result of Ok Tedi Mining Limited's activities, public health in the area of influence of the Ok Tedi mine has improved significantly since the Ok Tedi mine commenced operations; and
(e) recognizing also that as a result of Ok Tedi Mining Limited's activities, infrastructure has been provided, income and wealth has been generated for the State and Western Province, job opportunities have been created, business development opportunities have been created, better transportation facilities have been provided, and better educational and training opportunities have been provided; and
(f) recognizing also that it is desirable that claims against Ok Tedi Mining Limited and others in connection with environmental effects of the operations of the Ok Tedi mine (including the claims referred to in Paragraph (b) above) be dealt with by speedy and competent compensation processes which, in accordance with the Constitution, result in fair and just compensation; and
(g) taking account of the National Goals and Directive Principles (including, in particular, the goals that Papua New Guinea should, among other things, be economically independent and its economy basically self-reliant and that Papua New Guinea's natural resources and environment should, among other things, be conserved for the collective benefit of all Papua New Guineans); and
(h) taking account of the Basic Social Obligations (including, in particular, the obligation to protect Papua New Guinea and to safeguard the national wealth, resources and environment in the interests not only of the present generation but also of future generations),
have resolved that the following Act should be passed:—
Being an Act to provide for the approval and implementation of the Restated Eighth Supplemental Agreement relating to the development of certain mineral deposits in the Ok Tedi region of the Western Province,
MADE by the National Parliament.
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Compliance with Constitutional requirements.
(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C. (qualified rights) of the Constitution, namely—
(a) the right to freedom of conscience, thought and religion and the practice of a person's religion and beliefs, including freedom to manifest and propagate a person's religion and beliefs in such a way as not to interfere with the freedom of others, conferred by Section 45 of the Constitution; and
(b) the right to freedom of expression and publication conferred by Section 46 of the Constitution; and
(c) the right peacefully to assemble and associate and to form or belong to, or not to belong to, political parties, industrial organizations and other associations conferred by Section 47 of the Constitution; and
(d) the right to freedom of choice of employment in any calling for which a person has the qualifications (if any) lawfully required conferred by Section 48 of the Constitution,
is a law that is made (pursuant to Section 38 of the Constitution)—
(e) taking account of the National Goals and Directive Principles (including, in particular, the goals that Papua New Guinea should, among other things, be economically independent and its economy basically self-reliant and that Papua New Guinea's natural resources and environment should, among other things, be conserved and used for the collective benefit of all Papua New Guineans) and the Basic Social Obligations (including, in particular, the obligation to protect Papua New Guinea and to safeguard the national wealth, resources and environment in the interests not only of the present generation but also of future generations), for the purpose of giving effect to the public interest in public safety, public order,
public welfare, the protection of children and persons under disability (whether legal or practical) and the development of underprivileged or less advanced groups or areas; and
(f) in order to protect the exercise of the rights and freedoms of others; and
(g) to make provision for cases where the exercise of one such right may conflict with the exercise of another.
(2) Insofar as this Act or any of the Acts referred to in Subsections (4)(a), (b), (c), (d), (e), (f), (g) and (i) involves a compulsory taking of possession of property or a compulsory acquisition of an interest in or right over property within the meaning of Section 53 of the Constitution—
(a) the purposes and reasons for each such taking and acquisition are declared and described to be—
(i) to facilitate the efficient and economical development and operation of the Project so that, as recorded in the Preamble to this Act, it might continue its significant contributions to the advancement of the social and economic welfare of the people of Papua New Guinea in general, and the people of Western Province in particular, including, without limitation, the contributions recorded in the Preamble to this Act; and
(ii) better to give effect to the other matters set out in, and in the recitals to, the Restated Eighth Supplemental Agreement, and in the recitals to, the agreements set out in the schedules to the other Acts referred to above,
and each of those purposes and reasons is hereby also declared to be described as—
(iii) a public purpose; and
(iv) a reason that is reasonably justified in a democratic society that has a proper regard for the rights and dignity of mankind;
for the purposes of Section 53 of the Constitution and for the purposes of any other relevant law; and
(b) the obligations undertaken by the Company under the Principal Agreement, including in particular, but without limitation, those provisions of the Principal Agreement that are inserted by the Restated Eighth Supplemental Agreement, constitute compensation procured (and accordingly made) by, and made on behalf of, the State in connection with each such taking and acquisition.
(3) This Act, to the extent that it creates or otherwise gives rise to rights, privileges, obligations and duties that are not the same as between citizens, is intended to be a law for the special benefit, welfare, protection and advancement of members of underprivileged and less advanced groups and residents of less advanced areas for the purposes of Section 55 of the Constitution.
(4) For the purposes of any Organic Law from time to time and for the time being implementing Part VIA of the Constitution, it is hereby declared that each of the following Acts relates, in its entirety, to a matter of national interest:—
(a) the Mining (Ok Tedi Agreement) Act (Chapter 363);
(b) the Mining (Ok Tedi Supplemental Agreement) Act (Chapter 363A);
(c) the Mining (Ok Tedi Second Supplemental Agreement) Act (Chapter 363B);
(d) the Mining (Ok Tedi Third Supplemental Agreement) Act (Chapter 363C);
(e) the Mining (Ok Tedi Fourth Supplemental Agreement) Act (Chapter 363D);
(f) the Mining (Ok Tedi Fifth Supplemental Agreement) Act (Chapter 363E);
(g) the Mining (Ok Tedi Sixth Supplemental Agreement) Act 1986;
(h) the Mining (Ok Tedi Agreements) (Amendment) Act 1986;
(i) the Mining (Ok Tedi Seventh Supplemental Agreement) Act 1986; and
(j) this Act.
