http://www.postcourier.com.pg/20080408/tuhome.htm
Powers ‘already’ with ABG
THE National Government should not confuse the Autonomous Bougainville Government over the drawdown of mining, petroleum and gas powers.
The mining powers on Bougainville already belonged to the ABG and all that the National Government should do was to hand the administrative responsibilities to the ABG to manage the island’s natural resources, says resources lawyer and former Mining Secretary James Wanjik.
He said the pact that was signed in Alotau recently was a rushed and political pact and would not be legal adding, “in fact it may well be unconstitutional”.
“The law on mining powers and responsibilities on Bougainville is clear,” he said.
“It is the ABG that has mining law making responsibility under Section 290 of the National Constitution.
“The ABG is the custodian of mineral rights (on behalf) of the Bougainville people under Section 90 of the Bougainville Constitution.”
Mr Wanjik said the Alotau memorandum of understanding moved way from the National Constitution and the Bougainville Constitution. It deprived the ABG of exercising its mandate.
Mr Wanjik has been a vociferous critic of the MRA and has repeatedly challenged its legality, despite government assertions it was legally constituted.
A senior member of the Bougainville House of Representatives and an ABG cabinet minister feared the establishment of the Mineral Resources Authority would see all mineral rights controlled by Waigani which he said was not right.
The MP added that they would consult their lawyers to explain the MRA Act 2005 but he feared this Act would deny the ABG its rights to regulate mineral exploration and mining on Bougainville. The MP did not want to be named.
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