Court bars ‘comments’

By KARO JESSE
THE National Court has restrained any person from commenting on the matter of the Government’s refusal to extend Barrick Niugini Ltd’s (BNL) special mining lease as the matter was now before the court.
Deputy Chief Justice Ambeng Kandakasi on Thursday refused to hear the notice of motion filed by the BNL seeking restraining orders against the State and to stay the Government’s decision as there was an absence of leave of the court for a judicial review.
Justice Kandakasi however, considering the interests of all parties regarding the matter, ordered all parties to meet and discuss the matter without prejudice.
BNL was ordered by the court to discuss with the Government and exercise its obligations under clause 19 of the Mining and Development Contract to ensure the environment and integrity of the mine and rights and interests of landowners were not compromised.
Justice Kandakasi was also concerned that he might impose orders which could prevent things which the court was not aware of which were happening between the Government and the miner.
Justice Kandakasi said there was no clarity because the court was informed that the last time the State had talks with BNL was last year in July and no further meetings were convened after that.
Justice Kandakasi ordered BNL to perform its obligation under the clause 19.1 (d) (e) of the mining development contract which was signed on May 12, 1989.
Section 19 allows the Porgera Joint Venture to remain for one year period following expiry date to remove and recover assets and equipment including explosives, and to ensure that the mine area was safe and in a stable condition, having regards to natural conditions as well.
BNL lawyer Derek Wood asked the court to grant an injunction against the Government and its agencies saying the miner wanted to review the state’s decision while restraining it from taking further actions as BNL was concerned about the deployment of the PNG Defence Force at the mine site.
State lawyer Tauvasa Tanuvasa argued that BNL could not move a motion without seeking leave of the court for a judicial review.
The matter will return to court on Friday.