Tag Archives: EITI

Proposed policy to declare mining revenue

Cedric Patjole | PNG Loop | October 9, 2017

The Department of Mineral Policy and Geohazards Management (DMPGH) says it is working to introduce a policy for stakeholders in the mining industry to declare any revenue received or made from mining projects.

Secretary Harry Kore told Loop PNG that the policy idea came about during consultations for the Revised Mining Act.

He said while there are reports of mining revenue generated, a lot of locals impacted by mining activities claim to not see any tangible results.

Kore said the policy will ensure stakeholders such as provincial governments, authorities such as the Mineral Resources Authority (MRA), Mineral Resources Development Cooperation (MRDC), as well as landowner association chairmen and landowner company CEOs declare revenue received for the bene t of all.

“You fail to do that and you will be held accountable and you will be penalised under the law. So it becomes a practise. Every quarter they just declare their interest. We know that so much money goes to our landowners but whether it trickles down to the peoples is another thing,” said Kore.

The policy idea is similar to a draft legislation currently being drawn up by the PNG Extractive Industry Transparency Initiative to make mandatory all revenue from the mineral, petroleum and gas sectors to be fully disclosed as per good governance standards.

Kore said they are yet to have formal discussions regarding the policy idea however, there is cooperation and the policy complements that of the work the EITI is undertaking.

Secretary Kore added that one of the agendas of the policy is to ensure there is sustainability in how revenue is invested back in the country.

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PNGEITI: Reveal contracts, licences for transparency

Cedric Patjole | PNG Loop | August 29, 2017

The PNG Extractive Industries Transparency Initiative (EITI) says access to resource extraction contracts and licences would be valuable to the country for transparency in the industry.

According to the PNGEITI 2014 Report, resource extraction contracts and licences remain confidential information despite interest groups seeking to change for greater transparency.

The report states that details of contracts and licences are protected by confidentiality provisions in Section 163 of the Mining Act, Section 51 of the Mineral Resource Authority (MRA) Act and Section 159 of the Oil and Gas Act, which are held and maintained by the Solicitor General’s Office.

And without legislative amendments, agreements can only be made public with the approval of both the company and the Department of Petroleum and Energy (DPE) or the MRA as appropriate.

The report states that no contract had been made publicly available to date. This is an issue which civil society organisations in particular seek to change in the interest of greater transparency.

“Specific clauses clarifying public access to the content of agreements signed by or with the State on resource projects would be valuable. Part 1 of the Mining Act however, provides for Constitutional limitations as the mining legislation is for the purpose of giving effect to the national interest,” states the report.

PNG EITI Head of National Secretariat, Lucas Alkan, said the Multi Stakeholder Group (MSG) discussed issues relating to disclosure of resource agreements in recent meetings.

“We feel that mining companies may feel comfortable disclosing agreements, but that oil and gas companies, being more exposed to global market dynamics, may feel that agreement details would reveal their strategy, and would thus be more commercially sensitive,”Alkan said.

“But we are having constructive dialogues with companies on the information that could be disclosed and what may not be disclosed to the public due to commercial bearings to the detriment of a particular company.

“We hope to imbed such information in future EITI reporting as it is required under the EITI standard,” Alkan added.

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People’s rights extensively violated in EITI countries

CIVICUS |11 August, 2017

People’s rights to organise, speak out and take action are being extensively violated in a large number of member countries of the Extractive Industries Transparency Initiative (EITI). The CIVICUS Monitor, a new online tool to track and compare civic freedoms on a global scale, shows that the space for civil society – civic space – is currently seriously restricted in 38 of 51 EITI countries, as of May 2017. 

Civil society organisations (CS0s) and human rights defenders in most EITI member countries face serious obstacles, including threats to their personal safety, denial of the right to protest, surveillance and censorship, as a direct result of their nonviolent activism. The fact that civil society’s fundamental rights are seriously violated in so many EITI countries is alarming, given that the EITI seeks to promote “accountability by government to all citizens” and explicitly recognises the “important and relevant contributions” of non-governmental organisations.  The level of restrictions revealed by this report presents a direct challenge to the viability of the EITI and raises serious questions about member states that are routinely failing to protect CSOs and in many cases treating them as adversaries.

The EITI should recognise the threat the violations documented in this report offer to its credibility and viability as an international multi-stakeholder initiative. It should respond by taking increased steps to ensure that the protection of CSOs and activists becomes a priority in all its member countries.

CIVICUS recommends that EITI:

  • Enhances its requirements for multi-stakeholder engagement in a way that contributes to the creation of a more robust civic space. In doing so, EITI should ensure that CSOs enjoy the “full, free, active and effective engagement” they are meant to have within country-level multi-stakeholder groups;
  • Ensures that all member governments engage fully and meaningfully with CSOs and implement the recommendations made in the review of multi-stakeholder groups carried out by MSI Integrity in 2015;
  • Applies existing requirements more strictly and consistently to make sure that conditions for meaningful civil society participation are met in member countries;
  • Promotes an early validation process against the EITI Standard – the requirements that apply to all EITI member countries – for all those countries in which civic space is seriously restricted;
  • Prescribes corrective actions to governments of countries where there are serious civic space restrictions and closely monitors their progress in implementing recommendations; and
  • Credibly applies or threatens to apply sanctions, including suspension, towards countries failing to make discernible progress in upholding fundamental civil society rights

Read the report: CIVICUS Monitor Findings EITI Countries

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Alluvial Mining Employs 80,000 in PNG

alluvial miners at work

Alluvial miners at work on Bougainville

Alluvial Mining Activities In The Country Are Largely Unregulated, According To The PNG Extractive Industries Transparency Initiative (PNGEITI) Report 2014.

Post Courier | August 2, 2017

Alluvial mining activities in the country are largely unregulated, according to the PNG Extractive Industries Transparency Initiative (PNGEITI) Report 2014.
This leaves authorities and stakeholders with limited information about this segment of the mining industry. According to the report, alluvial mining accounted for 120,000 ounces of gold, representing around six percent of the total gold mined in PNG and K373.4 million in export revenue. Some 49,000 ounces of silver were also produced, to the value of K2.3 million.
“The Mining Act 1992 allows people to mine for alluvial minerals on their own land by non-mechanical means without the need for a mining licence,” the report said.
“Ninety percent of alluvial miners in PNG use rudimentary sluice boxes and gold panning dishes.”
This sector is therefore largely unregulated, and there is limited information about its size. The MRA estimates that there are up to 80,000 small-scale miners in this category.”
The report states that to date, over 4,000 of these have completed training at the Mineral Resource Authority’s small-scale mining centre in Wau, Morobe.
“Small-scale mining conducted with powered machinery requires an Alluvial Mining Lease or Mining Lease (for alluvial purposes) from the MRA. The former are granted for up to five hectares of land that is a riverbed and extends no further than 20 metres from any riverbed. The latter may cover up to 60km2. There is a requirement for a minimum 51 percent ownership by PNG nationals. In 2014, there were 183 current Alluvial Mining Leases and 136 Mining Leases (for alluvial purposes).
Alluvial miners sell their gold to traders, who then on-sell it to one of 16 licensed exporters, regulated by the Bank of PNG.
The MRA checks the export forms and raises levies on the export. The MRA felt that levels of illegal export were low, but other estimates have suggested this could be as high as to be an equivalent volume to the official quantity recorded,” the report said.
PNGEITI head of National Secretariat Lucas Alkan said alluvial mining and associated activities contributed to the economic wellbeing of a good number of people living in remote parts of the country. “This warrants putting in place strong coordination and regulatory mechanisms to keep track of opportunities and challenges that someone engaged in alluvial mining is faced with.”
“Taking an inclusive government approach in regulating different facets of the mining industry is important. In this way, we can give every participant a fair shake,” he said.

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Weak capacity and lack of accountability leaves mining sector ‘open for corruption’

Policy implementation in sector a challenge: Report

Loop PNG | 4 July, 2017

Implementing legislations and policies in the mining and petroleum sector is a challenge due to weak capacity and lack of accountability, points out a report.

The PNG Extractive Industries Transparency Initiative Report 2014 says:

“While the Government sets strong policy and has a relatively robust legislative regime and fiscal control, implementation is challenging due to weak capacity and a lack of accountability, particularly at local levels. The associated lack of transparency also leaves the way open for corruption.

“The principal laws that regulate mining activities in PNG are the Mining Act 1992 (MA), which sets out how mining projects should be administered and regulated, and the Mining (Safety) Act 1977, which stipulates safety requirements on mine sites, provides for investigations and inquiries into mine accidents and establishes a regime for certification of prescribed mining roles” the report said.  

The report noted that a revised MA will be presented to Parliament after 2017 election.

“It is anticipated this will include regulations for offshore mining, mine closure and rehabilitation, resettlement and geothermal resources and standards for employing mine workers. The Mining (Safety) Act is also under review,” it said.  

Matters relating to the environment within mining and exploration tenements is governed by the Environment Act 2000. The operation and development of mineral deposits in relation to the Ok Tedi mine is governed by the Mining (Ok Tedi Agreement) Act 1976 and the fourteen supplemental agreement Acts.

The Panguna mine on Bougainville is governed by the Mining (Bougainville Copper Agreement) Act 1967, although mining legislation for the Autonomous Region of Bougainville has now been passed.

“The relationship between those respective pieces of legislation is unclear as the former has not been repealed, nor have the references to it in the MA been amended,” it said.

The reports stated, the petroleum industry is governed by the Oil and Gas Act 1998 (OGA) and the Oil and Gas Regulation 2002 under the administration and management of the Department of Petroleum and Energy (DPE), headed by the Minister for Petroleum and Energy.

“The OGA specifies regulatory instruments for oil and gas development activities such as: Licensing, exploration, development, processing, storage, transportation, and sale of products.”

PNG EITI Head of National Secretariat, Lucas Alkan, said: “It is only fitting to have such a robust legislative and policy framework for a resource rich country like ours.

“The PNGEITI has already capitalised on such fiscal and legislative setting, in advancing transparency and accountability in the sector, through its annual reports and we hope to build on that progress.

“We are also of the view that there are upcoming legislations and policies to keep Papua New Guinea in par with world best mining and petroleum practices,” Alkan added.

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EITI to tackle mining industry links to money laundering, transfer pricing, corruption and tax evasion

Mining Companies Will Have Be Transparent About Owners

EITI: “The lack of transparency in this area often creates an environment for other illegal activities such as money laundering and transfer pricing. This affects other sectors of the economy and often create a conducive environment for corruption and tax evasion” 

Post Courier | July 4, 2017

Companies directly involved in the petroleum and mining sectors will be required to disclose information regarding their beneficial owners come 2020.

Beneficial owner(s) of resource projects (mine, oil and gas companies) refers to the natural person(s) who directly or indirectly owns or controls a corporate entity/ company.

This follows after a signing of contract between PNG Extractive Industries Transparency Initiative (PNGEITI) National Secretariat and KPMG yesterday.

KPMG is the successful bidder for the implementation of the Beneficial Ownership Roadmap that spells out how Papua New Guinea can develop a matrix to report beneficial owners.

The implementation of the roadmap was effected yesterday and will be rolled out until the final quarter of 2019. During this time a platform or matrix will have been developed for reporting -through the EITI reporting process in 2020.

Head of the PNG Extractive Industry Transparency Initiative National Secretariat Mr Lucas Alkan said it was the decision of EITI international board.

It wants all EITI implementing countries, including Papua New Guinea, to ensure that corporate entities that bid for, operate or invest in extractive assets disclose the identities of their beneficial owners by January 1, 2020.

Mr Alkan said this was done to identify the real owners of the companies who had acquired rights to extract oil, gas and minerals which, in many cases were not known and often hidden behind a chain of corporate entities.

“The lack of transparency in this area often creates an environment for other illegal activities such as money laundering and transfer pricing. This affects other sectors of the economy and often create a conducive environment for corruption and tax evasion,” Mr Alkan said.

He said people living in resource-rich countries such as Papua New Guinea risked losing out as revenues generated from resources exploitation in the extractive industry were often misallocated and wasted.

“The EITI requirement will ensure that beneficial ownership information is made available through public registers such as those collected and stored at the Investment Promotion Authority through company registration process,” Mr Alkan said.

Mr Alkan expressed confidence working with KPMG to successfully implement the roadmap.

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Weak Capacity And Lack Of Accountability A Challenge In Mining Sector

Weak Capacity And Lack Of Accountability Remains A Challenge In Implementing Legislation And Policies In The Mining And Petroleum Sector.

Post Courier | June 28, 2017

Weak capacity and lack of accountability remains a challenge in implementing legislation and policies in the mining and petroleum sector.
This is according to the PNG Extractive Industries Transparency Initiative Report 2014.
The report states that lack of transparency also leaves the way open for corruption.
It also noted that a revised Mining Act will be presented to Parliament after 2017 elections.
This will include regulations for offshore mining, mine closure and rehabilitation, resettlement and geothermal resources and standards for employing mine workers.
The Mining (Safety) Act is also under review.
The report also highlighted that the relationship between three different legislation including the Environment Act 2000, Mining (Ok Tedi Agreement) Act 1976 and (Bougainville Copper Agreement) Act 1967, is unclear as the former has not been repealed, nor have the references to it in the mining Act been amended.
It said, the petroleum industry is governed by the Oil and Gas Act 1998, (OGA) and the Oil and Gas Regulation 2002 under the administration and management of the Department of Petroleum and Energy (DPE), headed by the minister for Petroleum and Energy.
“The OGA specifies regulatory instruments for oil and gas development activities such as: licensing, exploration, development, processing, storage, transportation, and sale of products,” the report said.
PNG EITI head of National Secretariat Lucas Alkan said: “It is only fitting to have such a robust legislative and policy framework for a resource rich country like ours.”
“The PNGEITI has already capitalised on such fiscal and legislative setting”.

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