LO group’s application refused

By KARO JESSE
THE Waigani National Court on Monday refused an application by a landowner group from Kutubu petroleum development licence (PDL) 2 project area seeking to restrain the State from making loyalty and equity payments to landowners unless the State answers to its grievances.
Yafereka Incorporated Land Group (ILG) claimed that it was the most adversely impacted and affected ILG in the entire PDL 2 Kutubu project area as its land hosted 80 per cent of all petroleum installations and facilities, unlike other landowner beneficiaries.
Since it was the most adversely impacted and affected customary land owner, its clan had never consented to and/or approved for the manner in which the State went about distributing project benefits derived from its land.
In the same vein, it further claimed that it had never authorised any entity or agent or the State to decide on its behalf as to the manner and mode of distribution of benefits.
The group’s primary contention is that for one to benefit from a project, it must be based on what value one’s land is brought to the project.
Justice Collin Makail, however, refused the application on the basis that the lawyer for the Yaferaka ILG had failed to satisfy to the court as to why the injunction restraining orders should be granted
Solicitor-General Tauvasa Tanuvasa objected to the application because the issue was time barred.
“My friend (plaintiff lawyer) submission the issue pointed out as to the issue of time bar, which we asked the court to look into,” Tanuvasa said.
He told the court that the issues raised in the application were from 1993 when the agreement was made between the State and the landowners and they were National Executive Council’s decision.
“If there were any issues, (they) would have been challenged but they were not challenged and there’s no reference to it” he said.