Tag Archives: Jeff McGlinn

The Horse Breeder, the Novelist and the $60 Billion Panguna Mine

Panguna. RNZ/Johnny Blades.

Aaron Clark | Bloomberg News | January 27, 2020

John Kuhns has been many things: an investment banker, a silicon smelter operator in China and a novelist. His sights are now set on an abandoned mine with an estimated $60 billion of gold and copper.

Kuhns is among a handful of people exploring for minerals and courting landowners on the Pacific island of Bougainville. His rivals include an Arabian-horse breeder, a hedge fund investment manager who keeps wallabies on his estate and a former Australian defense minister.

The involvement of such an eclectic mix of entrepreneurs is a reflection of the fact that this is no ordinary mineral reserve. Rio Tinto Group operated the Paguna mine for 17 years through subsidiary Bougainville Copper Ltd. The global mining behemoth shut it in 1989 as local protests over mine revenue degenerated into a civil war that killed as many as 20,000 people.

The mine has been in limbo ever since. But that may be about to change as the Autonomous Region of Bougainville moves toward independence from Papua New Guinea after a referendum showed an overwhelming majority of the population on the small group of islands wants to establish a new nation.

While the political uncertainty may deter major mining companies from making an immediate investment, the mine’s riches attract entrepreneurs hoping to develop the asset to a point where they can deliver it to a big operator for a fee, said Peter O’Connor, a Sydney-based analyst at Shaw and Partners Ltd. “They have to create a story with a vision,” he said.

Success will depend on earning the trust of thousands of poor, customary landholders, many of whom remember the civil war that was triggered by communities demanding greater compensation from the mine.

“The landowners want to reopen the mine but they are divided by the interested developers,” said Sam Akoitai, a member of the island’s parliament who represents central Bougainville, an area that includes Panguna. “It’s really up to the landowners to come together to understand that the land belongs to the clan and not to some individuals.”

Bougainville Copper, which is no longer associated with Rio, has estimated it would take seven to eight years and $5 billion to $6 billion to rebuild the mine and resume full operations. The company is blamed by many locals for contamination attributed to the mine.

“We retain strong levels of support among customary landowners within the project area,” Bougainville Copper said in a statement. “We have a trusted local team on the ground that continues to engage with project area communities.”

The Bougainville Mining Act 2015 strengthened landowner control and was designed to increase compensation to local communities and the island’s government from future mining to avoid a repeat of the bloodshed of the 1980s and 1990s. The government also decided not to renew Bougainville Copper’s exploration license, which the company is challenging in court.

In June 2019, Kuhns flew several landowners to the U.S. to meet potential investors, including representatives from Barrick Gold Corp. At the Harvard Club in Midtown Manhattan, where stuffed moose, bison and even an elephant head adorn the rooms, the landowners heard Kuhns deliver a PowerPoint presentation introducing potential investors to Bougainville.

Barrick declined to comment.

“Panguna mine can be rejuvenated and can be resuscitated for a couple of billion dollars,” said Kuhns in a follow up phone interview. “It’s going to take a major to do that.”

Among those also interested in Panguna is Jeff McGlinn, who made his fortune in mining and construction services through Western Australia-based NRW Holdings Ltd., which he co-founded. McGlinn, who resigned from NRW in 2010, is part of the glamorous world of Arabian horse breeding, mixing with models and celebrities at parties on the French Riviera and promoting luxury brands. He once gave an Arabian colt to Italian opera singer Andrea Bocelli.

McGlinn’s roots in mining give him valuable experience for Panguna — one of NRW’s businesses was constructing dams that hold mining waste. He’s also linked to a recent effort by the island’s government to kick start development, when it created Bougainville Advance Mining. The government’s Executive Council proposed last year an amendment to the 2015 mining act that would give all available mining rights to the new company, in which McGlinn’s Caballus Mining would hold a stake.

That amendment drew criticism from landowners, as well as Bougainville Copper, the former mine operator, which says the proposal undermines its rights to mine Panguna. The bill was later shelved. A representative of Caballus said McGlinn was unavailable to comment.

Another interested party is Richard Hains, son of the Australian billionaire David Hains. Richard, famous for keeping wallabies on his Gloucestershire estate, has helped develop mines in some of the world’s most difficult places. He’s the largest shareholder of RTG Mining Inc., whose management team has financed, built and operated mines across Africa and Asia, including the Boroo gold mine in Mongolia.

“Some of the best opportunities in the mining business in the 21st century are now in the more difficult commercial environments,” Hains said in a phone interview.

RTG believes it can restart production at Panguna through a staged process in as little as 18 months for about $800 million.

“It’s far smarter to start with a smaller footprint,” said RTG Chairman Michael Carrick. “Then in consultation with the community, we can turn up the mine’s operation.”

RTG operates a joint venture with the Special Mining Lease Osikaiyang Landowners Association, a Panguna landowners group. The JV employs 15 people, including Philip Miriori, the chairman of the landowners group.

There are bigger fish too. Fortescue Metals Group Ltd. said in an emailed statement it has sent representatives to Bougainville to learn about the region and potential opportunities, confirming earlier reports. Founder Andrew Forrest is Australia’s second-richest person with a $10.2 billion fortune, according to the Bloomberg Billionaires Index.

Shaw and Partners’ O’Connor said Chinese miners may also have a chance of redeveloping Panguna because they have a greater risk appetite and access to cheap financing.

But the Panguna landowners group Chairman Miriori said the people he represents aren’t interested in working with Chinese developers because of their poor environmental track record.

If anyone wins the right to develop Panguna or other parts of the autonomous region they will need to do so cautiously. Violence remains a constant threat in a community that is still fiercely divided.

A geologist working for Perth-based Kalia Ltd. was killed and seven others were injured in an attack in northern Bougainville in December, according to the local government and the company, whose chairman is former Australia Minister for Defence David Johnston. Authorities subsequently suspended Kalia’s exploration expeditions and geological field work.

There’s also a moratorium on work at Panguna because of sensitivity to restarting the mine, said Raymond Masono, Bougainville’s vice president and minister for mineral and energy resources.

“We are no longer talking with any investors about Panguna until the moratorium is lifted, and we don’t know when” that will be, he said by phone. “The government is treading very carefully on this particular mine.”

But prospects for restarting Panguna and allowing for the development of new mines are bolstered by the idea that Bougainville would need revenue to have any chance of financing an independent state. Many hope the mineral wealth could ultimately help reduce poverty for the region’s 300,000 people where estimated per capita GDP is only about $1,100.

That would depend not only on clearing the way to restart production, but a government able to make sure that enough of the proceeds are used to fund development. “Given the failure of mining in PNG to deliver really anything like sustainable development, those hopes may end up being disappointed,” said Luke Fletcher, executive director of Jubilee Australia, a group that has tracked the effect of resource extraction.

But the lure of riches mean miners aren’t likely to give up.

“Bougainville had almost no exploration for nearly 40 years,” said Mike Johnston, executive director of Kalia. “There’s no other place like it on the planet.”

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Derelict mine caused a bloody war. Now Aussie companies are fighting over it again

Heavy trucks sit rusting on the edges of Panguna copper mine, closed in 1989 as a result of sabotage.

Sarah Danckert and Ben Bohane | Sydney Morning Herald | November 15, 2019

Iron ore magnate Andrew “Twiggy” Forrest has joined the race with an unruly bunch of small, struggling mining companies, all with links to Australia and share prices of 10c or less, for access to some of the world’s biggest copper and gold deposits on the Pacific island of Bougainville.

The manoeuvring over the gigantic, mothballed Panguna mine comes ahead of an independence referendum later this month that could turn Bougainville into the world’s newest nation after disputes over foreign mining prompted a bloody, 10-year war that killed perhaps 15,000 people.

However, China is also sniffing around opportunities in Bougainville, although not necessarily the Panguna mine itself, which was valued recently at a staggering $US58 billion ($84 billion).

Previously run by Rio Tinto, the mine was at the centre of a decade-long conflict over allegations that locals were being ripped off and the environment damaged by foreign mining companies. The war continued well after the mine closed as a battle of control for the country raged between the Bougainville Revolutionary Army and the Papua New Guinea Defence Force. It was the most serious conflict in the south Pacific since World War II.

The Age and The Sydney Morning Herald have confirmed that representatives of Mr Forrest’s mining company, Fortescue, travelled in recent months to the island and were exploring growth opportunities there.

“As a leading mining company with world-class expertise, we constantly assess opportunities to build on our operational reputation to drive future growth through product diversification and asset development,” chief executive Elizabeth Gaines said. “Consistent with business development activities, representatives from Fortescue have visited Bougainville Island to learn about the region and potential opportunities.”

Other companies – including one chaired by a former Liberal defence minister David Johnston and another by Arabian horse breeder and luxury goods dealer Jeff McGlinn – have also been striving to gain local support on the island to reopen the mine, which was shuttered in 1989.

Meanwhile, a Chinese delegation is rumoured to have offered substantial funds in late 2018 to help finance a transition to Bougainville independence, along with offers to invest in mining, tourism and agriculture, with a figure of $US1 billion cited. A new port was also reportedly proposed.

A new nation to our north?

On November 23, Bougainvilleans will go to the polls and are expected to vote overwhelmingly for independence from Papua New Guinea. But in the wake of that expected vote, there is a real risk of new disputes between landowner groups as miners, many with links to Australia, could reignite the crisis that engulfed the island 30 years ago.

“Are they f—king mad?” asks one former Rio Tinto executive who worked at the company when it was the majority owner of Bougainville. “Re-opening Panguna would be a disaster.”

In its heyday, the mine, which would take an estimated $US5 billion in infrastructure spending to restart, was a productive asset for Rio Tinto, then known as Conzinc Rio Tinto. During the final year of production in 1988 and 1989, Rio’s subsidiary Bougainville Copper (BCL) extracted 550,000 tonnes of copper concentrate and a whopping 450,000 ounces of gold.

Already the tussle for Panguna has sparked a race to promise the best deal and the highest royalties to landowners while stemming the environmental degradation that has ravaged Bougainville. But that race has also already sparked intense political disagreement between rival groups on the island.

Rio’s former subsidiary BCL is still in the race for a mining licence, though Rio divested its shares and walked away in 2016. But a number of new entrants are also in the game.

Among them is Toronto and ASX-listed RTG Mining Inc – which has links to the Philippines and counts the son of billionaire Australian stock picker David Hains, Richard, as the largest shareholder of its Toronto-issued shares.

Another ASX-listed company, Kalia Limited, has been given two permits to explore in the northern tip of Bougainville. Kalia counts former Defence Minister David Johnston as its chairman and Perth-based mining entrepreneur Nick Zuks as its top shareholder. Johnston’s biggest claims to fame at home are a controversy over his lavish spending on entertainment as minister and comments that South Australians couldn’t build a canoe, much less a submarine.

Kalia’s bid is financially supported by a company run by Australian polo patriarch Peter Yunghanns. Another significant shareholder, Graeme Kirke, is the founder of Kirke Securities where Mr Forrest previously worked.

More recently a new player, Caballus Mining, has arrived in Bougainville. It sparked fears, rumours and intrigue when it emerged the Autonomous Government of Bougainville had drafted new laws that would assign the responsibility for issuing mining licences to a new entity – Bougainville Advance Mining and a foreign partner. Many believed that partner would be Caballus.

Caballus Mining was set up only in August 2018. Its sole director is Arabian horse breeder and luxury goods dealer Jeff McGlinn – a man who posted a flashy social media video of Saudi royalty at a luxury event, and another of him giving one of his fine equines to classical crossover singer Andrea Bocelli.

The entry of Caballus sparked fears among Bougainville locals – specifically those linked to rival miners – that a three-way fight for Panguna would erupt.

Slugging it out

Already, former Rio subsidiary BCL and Australian-Toronto based RTG Mining have been slugging it out via statements on their websites or on the Australian Securities Exchange. RTG claims BCL has lost its local goodwill and cannot operate in Bougainville, and that RTG has the support of a landowner group the Special Mining Lease Osikaiyang Landowners Association – one of the groups who say they represent landowners in the Panguna area.

BCL hit back saying the landowners’ association (known as SMLOLA) is a new invention and points to recent statements disputing its provenance. In turn, the landowner groups supporting BCL’s plans to reopen Panguna have also come under fire.

The one thing both have in common is their respective share prices are in the gutter, with BCL trading at 10 cents a share and RTG trading at 6.5 Canadian cents (7.4 cents). Kalia’s share price is just one-tenth of a cent.

The disputes between miners have been reflected in intense politicking among local landowner groups and political players on Bougainville. Bougainville’s president John Momis has copped much criticism for entertaining the Caballus deal, and the Autonomous Bougainville Government has given mixed signals on its position on mining.

Momis initially supported a moratorium on mining at Panguna to avoid reigniting old conflicts between landowner groups. The moratorium was put in place in early 2018, but the government now appears to favour mining across the island as a means to generate income and underwrite independence.

Autonomous Bougainville Government President John Momis.

Landowners are guaranteed rights under the 2015 Mining Act, but in an urgent bid in January 2019 to raise funds for the referendum, the government proposed to abolish those rights, at the same time allocating “near monopoly” rights to Caballus’s Bougainville Advance Mining. That legislation was later rejected by the government’s legislative committee, illustrating how politically contentious this issue will be in an independent Bougainville.

Fiscal self-reliance

In recent months, the mudslinging by supporters of both groups has died down. Several sources linked to the company and NGOs operating on the island said this was due to the request by the government that the miners are not seen to be influencing the independence vote.

There was no answer from Caballus in response to a series of questions, including regarding its links to Bougainville Advance Mining and how it achieved such a prime position. McGlinn was last week travelling in Europe.

Calls to the Perth offices of another suitor, Kalia Limited, which is now led by Michael Johnston, the former boss of failed PNG miner Nautilus Mining, went unreturned. David Johnston (no relation to Michael) and Kalia shareholder Nick Zuks also did not return calls.

RTG chairman Michael Carrick was also loath to talk about the issue.

“Politics is played extremely robustly in PNG and the facts/truth are often amongst the first casualties,” Carrick said via email from his Perth office. However, he added that mining would be part of Bougainville’s future.

“There can be no independence without first setting the country on a pathway to fiscal self-reliance and Panguna is the only asset which can assist this fundamental objective.”

BCL company secretary Mark Hitchcock said from his office in Port Moresby that the company retained strong support among landowners and rejected suggestions the company had lost its social licence to operate.

“There is at times frustration when some purporting to speak on behalf of all landowners are in fact representing a narrower interest. Regardless, all views are to be respected.”

Luke Fletcher, a long-time Bougainville watcher and executive director of think tank Jubilee Australia warns of the “resources curse” that has plagued PNG.

“This is one of the problems of the resource curse, you have these big revenues sitting in bank accounts that can be misappropriated quite easily,” he said.

It’s a curse that many think is worth risking.

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Rival questions authority of Bougainville’s Osikaiyang landowners

“The original divisions from the beginning of the conflict in Panguna #Bougainville have not gone away. Foreign controlled companies continue to involve themselves and interfere which exacerbates the situation. Money continues to corrupt individuals and complicate any resolution” Stret Pasin

Radio New Zealand | 16 July 2019 

The Special Mining Lease Osikaiyang Landowners Association represents itself as the key body at the site of the Panguna mine, which various interests are looking to develop.

Osikaiyang wants to operate Panguna with an Australian company, RTG.

But the Panguna Development Company, which has links to rival prospective operator, BCL, said Osikaiyang is making misleading public statements when it has no right to do so, under the region’s mining act.

It said such statements can only be given by customary heads, who are authorised to represent the Panguna blocks, and Osikaiyang has never had this consent.

Last week Osikaiyang issued an ultimatum, suggesting the referendum on independence from Papua New Guinea could be derailed if it doesn’t get its way over Panguna.

The Development Company called this threat unfortunate.

Meanwhile, government moves to change the Mining Act to allow a third foreign company to take charge of the mine have been put on hold until after the referendum.

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Top Lawyer Queries ABG’s Interpretation Of Mining Act

The controversial Panguna mine which land holders are fighting to stop being re-opened for foreign profiteers.

Post Courier | June 21, 2019

One of the world’s leading mining lawyers, Michael Hunt, an advisor to the Special Mining Lease Osikaiyang Landowners Association (SMLOLA), has issued a stinging attack on the statement which attempted to justify the proposed changes to the Bougainville Mining Act (BMA).

The changes were rejected by the Bougainville Parliamentary Committee on Legislation last week (read the full legal assessment).

This statement was a submission to that committee lodged by Minister Wilson and was published on June 19, 2019.

Mr Hunt said, the Statement, entitled “Interpreting Part 17 of the BMA”, “pretends to explain the Bougainville Mining Act (Amendment) Bill 2019 (Bill) in laymen’s terms but in reality, it is a false and misleading manifesto riddled with errors.”

Mr Hunt categorically confirmed that the proposed amendments would actually abolish all of the landowners’ rights relating to any application by the company 40% of which will be owned by McGlinn’s Caballus Mining and other foreign investors.

He added that all the provisions in Parts 1 to Part 16 of the BMA which protect the rights of landowners are over-ridden by the stroke of a pen in Part A of the Bill.

The confiscation of the landowners’ property and rights under the Bill is “unreasonable, unfair and unconstitutional.” said Mr Hunt in his formal legal opinion.

Mr Hunt confirmed the view previously expressed by SMLOLA: that the Bill “effectively confers a near monopoly on one company over exploration and mining on Bougainville”.

Mr Miriori, the Chairman of the SMLOLA further questioned how it was possible that they got the interpretation of the amending legislation so grossly incorrect?

“Why was Parliament misled? Something profoundly wrong is going on here,” he added.

The Parliamentary Committee reported that the normal practices and safeguards were sidestepped.

Mr Hunt is an Australian legal practitioner, who has written the authoritative book, Mining Law in Western Australia (the fifth edition of which was published in October 2015), the “Energy and Resources” volume of Halsbury’s Laws of Australia and the book Minerals and Petroleum Laws of Australia.

Mr Hunt has been recognised nationally and internationally as a leading mining lawyer, regularly named as such in legal market surveys. He was named in both Chambers Global Guide and Chambers Asia Pacific, putting him amongst the world’s top mining lawyers. Chambers’ review reports: “Michael Hunt is regarded as Western Australia’s pre-eminent expert on mining law.”

In 1987 he conducted a public inquiry into PNG’s mining laws on a commission from the PNG government. His comprehensive recommendations for reform were incorporated into entirely new mining legislation, the Mining Act 1992. The BMA is obviously based in part on the PNG Mining Act 1992.

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Miriori Says Bougainville Executive Council Was Misled

Philip Miriori (ABC News: Eric Tlozek)

Post Courier | June 18, 2019

The Autonomous Bougainville Government (ABG) Executive Council were allegedly misled at the time it resolved to support the developers proposal and consequential mass amendments demanded to the Bougainville Mining Act (BMA).

The Explanatory Memorandum that has emerged, long after the fact, claims in its first two principal reasons, that developer has developed and operated some of the largest mines in the world.

It now turns out that neither reason advanced was correct.

The truth is starkly different – the developer in question has never financed, developed or operated a large mine, to say nothing of the largest mines in the world.

Philip Miriori the Chairman of Panguna landowner company, Special Mining Lease Osikaiyang Landowners Association (SMLOLA), indicated that, had the amending legislation passed, Bougainville would have given away a 4o per cent interest in Panguna and a monopoly over all large scale mining projects in Bougainville, to a person who does not have the relevant skills to finance, build and operate a mine like Panguna or help the ABG.

“The third reason advanced was even more false and misleading, as it claimed that the developer had also raised billions of dollars and so will raise all the money for Panguna for the ABG.

“The developer obviously has not raised billions of dollars as claimed, in fact he has only ever done one public company capital raising of a very modest US$30m, again more than a decade ago.

“So the three key reasons the BEC resolved to support the developer, that he had financed, developed and operated the largest mines in the world.

“And put forward the proposed changes to the BMA, which have now been rejected by the Legislative Review Committee because they were all grossly false and designed to deceive all of us here in Bougainville,” he said.

SMLOLA consultant Lawrence Daveona said the scenario suggest to us is that we all need to sit down collectively and find a workable solution.

“This is a solution that can actually be delivered and will allow us to finally move forward with the redevelopment of Panguna to eventually see all of Bougainville prosper,” he said.

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Bougainville: Australia positions itself as chief new coloniser ahead of referendum

The controversial Panguna mine which land holders are fighting to stop being re-opened for foreign profiteers.

Susan Price | Green Left Weekly | June 14, 2019

A spokesperson for the Bougainville Hardliners Group has called on the Autonomous Bougainville Government (ABG) to explain why the Australian Federal Police (AFP) were at the controversial Panguna mine site in central Bougainville on June 5.

AFP officers were seen taking GPS readings at the abandoned copper mine site. James Onartoo, a former leader of the Bougainville Revolutionary Army, said the community has a right to know why they were there and what they were doing.

“I think the public is owed an explanation as to what is happening,” said Onartoo. “To the best of my knowledge the AFP were ousted in 2007 on suspicion of spying on the ABG and the people of Bougainville by the former President, late Joseph Kabui.”

He suggested that their presence could be linked to the mine’s controversial reopening.

“Their presence at Panguna, which is the site of so much controversy and disagreements plus issues of sensitive nature stemming from proposed reopening by ABG, raises serious questions considering the fact that, in the past, Australia has always supported military intervention by the Papua New Guinea Defence Force to regain control of the mine.”

Onartoo said if the AFP can raid the ABC, “they are capable of anything”, including gathering intelligence “for the purpose of regaining control of Panguna and restarting the mine with use of force”.

The June 11 ABC Radio Pacific Beat said the AFP confirmed that members from the Papua New Guinea-Australia Policing Partnership did visit the site to “undertake an assessment of capability development for support to the Bougainville Police Service”.

Onartoo said Australia’s interest in the mineral deposits at Panguna has never declined. He has criticised Australia’s advice that the ABG prioritise mining over agriculture, tourism, fishing and other sustainable industries.

Several companies, including of Australian origin, are vying to reopen the Panguna mine, which was shut down in 1990 after a brutal battle against mostly indigenous landholders who received none of the huge profits generated by the mine. More than 20,000 people were killed during the 10 year civil war.

The Bougainville Hardliners Group has been actively resisting attempts by the ABG to weaken the Mining Act to give foreign companies exclusive rights to large-scale mining. It opposes further large-scale mining in the autonomous Papua New Guinea region, saying the focus should be on sustainable alluvial mining.

Bougainville is scheduled to hold its independence referendum in October under the terms of the 2001 peace agreement. The referendum outcome then has to be ratified by the PNG parliament.

The ABG has expressed its desire to reopen the Panguna mine.

Legislation to amend the Mining Act is currently being debated in the PNG parliament. According to landowners, the proposed amendments would effectively remove customary ownership of minerals and remove landowners’ veto rights over mining projects.

Onartoo has said that Bougainville’s 350,000 people do not need large-scale mining, and that the changes being proposed are in breach of sections 23 and 24 of Bougainville’s constitution as well as the Mining Act which provides protection from a repeat of “the ownership of minerals on the island by colonisers”.

A report by Papua New Guinea Mine Watch in January said Australian businessperson Jeffrey McGlinn of Caballus Mining is pushing for the act to be amended. A Radio New Zealand report said McGlinn “wanted to shortcut a number of what it calls complicated requirements in the act to fast track vital infrastructure development in Bougainville and boost employment ahead of the referendum”.

However, other reports suggest that he is more focussed on seizing control of major mineral deposits across Bougainville ahead of the referendum.

The Osikaiyang Landowners group has referred the government’s mining plans to the Papua New Guinea Ombudsman.

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B’ville Mining Changes For Benefit Of Caballus Mining

Philip Miriori and the SMLOLA are not happy with proposed changes to Bougainville’s Mining Act (ABC News: Eric Tlozek)

Post Courier | June 13, 2019

As the Caballus/McGlinn deal comes under intense scrutiny and criticism, the pressure is on Bougainville’s Department of Mineral and Energy Resources.

Philip Miriori, chairman of the Panguna Landowners Association (SMLOLA) said the department head now has to justify the deal, as it has been exposed for what it is.

He said the department head now claims that the proposed mining changes are not designed and targeted to favour anyone.

“This is even though the department head acknowledges in writing that McGlinn’s lawyer was involved in the drafting of the proposed Bills to change the Bougainville Mining Act.

“The Caballus/McGlinn presentation to the ABG specifically demanded all these changes to the BMA as a condition precedent to his purported investment, and which they are now trying so desperately to deliver.

“It is completely absurd to claim the amending legislation is not designed and targeted to favour Caballus… when Caballus even ends up with a 40 per cent free interest, while also admitting Caballus/McGlinn cannot develop Panguna,” he said.

The landowner’s who now enjoy freehold ownership of the minerals and an array of other protection, will lose everything and become subservient to those in question if this new law is passed.” said Mr Miriori.

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