Cepa identifies key result areas under new management

Conservation and Environment Protection Authority acting managing director Jude Tukuliya explains to acting business editor Peter Esila several important issues that were identified and assigned to the acting managing director.  Below is a summary of his explanation.

Conservation and Environment Protection Authority (Cepa)
Cepa underwent a change in management with a new acting managing director appointed in March this year by the National Executive Council (NEC).
Certain key result areas (KRA) were identified and assigned to the new managing director to deliver during his interim tenure.
The KRAs include the establishment of the Cepa board, appointment of the environment council and pursuit of the Protected Areas Bill for approval by Parliament.
While they became priorities for Cepa in terms of their implementation, environment permitting and other environment regulatory-related issues become equally important, particularly the investigations into environmental issues associated with the Simberi mine operations, the alleged water pollution and fish death in the Sepik River, and the transferring of the Environment Permit to New Porgera Limited.
Cepa board

The Cepa operated without a board since its inception in 2014.
It resulted in micromanagement, mismanagement and poor governance of Cepa operators and implementations of its key mandates and government priorities.
Progress has been made in the past three months to establish the board which will comprise ex-officio members — Cepa managing director, department secretaries of National Planning and Monitoring, provincial and local level government affairs and Treasury — and three non-ex-officio members nominated by the Business Council of PNG one of which should be a registered public accountant under the Accountants Act 1996, and one should be a person of good character and standing in the community.
Potential candidates of non-ex-officio members have been identified.
Cepa is awaiting the recommendation of the Business Council of PNG for the nominations of the three non-ex-officio members before the submission for application is presented to the NEC for approval.

Environment Council
This council is important in scrutinising environment impact assessments and statements from proponents.
It is responsible for advising the environment director (who is also the Cepa managing director) on the issuance of environment permits.
The term of the council as per the Environment Act 2000 is for three years.
The term of the last council expired in 2022. Nominees were proposed for NEC endorsement.
The NEC had directed the State Solicitor’s clearance on the selection of these nominees. The NEC then approved the members of the council.

Protected Areas Bill
After the passage of the Protected Areas Policy in 2014, the Protected Areas Bill was drafted and put through a rigorous process before being finally approved by the NEC in May 2023.
The First Legislative Counsel was directed to prepare it for Parliament’s deliberation and approval.
The draft Bill will be sent to Cepa for its final review, and then a certificate of compliance will be issued before the relevant minister tables it in Parliament.

Simberi mine operations investigation
Following complaints of environment damage lodged by the landowners and other aggrieved stakeholders, Cepa concluded an independent investigation into the Simberi mine operations with technical consultants from the University of PNG.
The purpose was to verify claims by landowners and filter direct and induced impacts as a result of mining from impacts caused by other processes such as climate change and land-use activities.
Preliminary findings show that St Barbara operates an open pit mining on Simberi Island.
The Detoxification Plant on site was damaged and has not been operating for almost a decade now.
It has several deep-sea dump sites where all mine wastes are dumped.
It owns and operates pipelines underwater on the island.
The investigation team conducted water quality tests and an analysis of mine-derived trace metals, sediment analysis of mine-derived trace metals, and biota analysis and health status of the marine environment.
The samples collected are being tested and analysed by national and international laboratory experts.
The investigation report is being prepared and once completed will be shared with key partners and stakeholders.
Basing on the report, Cepa shall take appropriate actions in compliance with the Environment Act (Amended) 2014 and Cepa Act 2014.

Water contamination at East Sepik’s Kaminimbit village
Following reports of skin infection developed by animals and people in East Sepik’s Kaminimbit village allegedly from driving and using contaminated water from the Sepik River, Cepa conducted investigations at the invitation of the Ministry of Forestry.
The investigation report will be shared with relevant stakeholders once it is completed.

Angore site inspection report
After it was revealed that a mountain of bubbles was covering a creek in Angore, Cepa officers were sent to carry out an inspection.
Once their report is completed, it will be shared with relevant stakeholders, and the Cepa will take appropriate actions to remedy the situation.

Transfer of Environment Permit to NPL
As per Section 70 of the Environment Act, the holder of the Environment Permit WD – L3 (121) and WE – L3 (1) Barrick Niugini Ltd had submitted a notification of transfer of permit to the Cepa managing director, who in consultation with his technical team, processed the instruments of the transfer and issued environment fee notices for the transfer.
Cepa, as the mandated government agency, assessed and vetted the notice of transfer to ensure that all requirements under the Environment Act 2000 and other enabling laws and regulations were complied with.
These transferred permits do not carry any amendments, either minor or major.
After consultation with the State Solicitor, I as the director of environment only approved the transfer with the same terms and conditions.
But by virtue of the powers vested on the director of environment under the Act 2000, he also has the powers to call for amendments as and when seen appropriate.
These environment permits are essentially the important management tools the NPL will use, rely on and will seek guidance on to meet the statutory Strickland River system, all the way down to Lake Murray and down to the Fly River Estuary.
I appeal to the NPL to not entirely rely upon these EPs but also to comply with other policies guidelines, the Environment Monitoring and Management Plan and best environmental management practices and mining methods available to better monitor and manage the biophysical environment and the river systems.
Always strive to make Porgera a better and safe place to work and live in.
I would frankly mention here that since the start of mining operations more than 30 years ago, the Department of Environment and Conservation, now Cepa, failed to adhere to its statutory requirements in undertaking a major environmental audit.
Under the Marape-led Government and political leadership provided by the Minister for Environment, Conservation and Climate Change Simo Kilepa, Cepa has drafted an audit plan and waiting for government funding to undertake a major environment audit, this will take place even when the mine is in operation.
The findings and recommendations of the major environmental audit will be the bases to determine and resolve the perennial environmental legacy issues that have been outstanding for the last 30 or so years since operation of the mine.
These EPs are my eyes and ears on the ground to ensure that the NPL properly manages and looks after the environment and river systems of Porgera for the better wellbeing of the people, and of course the aquatic life forms and the wildlife of the region.
I once again beseech NPL not be hesitant to apply any new and/or innovative environment management and migratory methods and technologies outside of the terms and conditions in these EPs to better manage the environment.
One example would be the possibility of shifting the compliance point to meet statutory standards at the tailings outlet.