Stay on Ok Tedi orders
The National, Monday March 3rd, 2014
COURT orders preventing Ok Tedi Mining Limited from dumping mine wastes into the Fly River was stayed by another judge last Friday.
Lawyer Alan Mana, representing Finance Minister James Marape and Mining secretary Schadrach Himata, filed the application to set aside the ex-parte orders of January 24, 2014.
Justice Derek Hartshorn ruled there was a likelihood that a quite significant amount of revenue would be lost to the State and others if the stay was not granted.
Proceedings have been adjourned to March 14.
Mana submitted that the practical effect of the restraint on OTML discharging tailings or waste rock is to require OTML to shut down the Ok Tedi mine.
Hartshorn said the stay application was sought in respect of the ex-parte orders that had been granted.
“Clearly on the above evidence, the State together with others will be prejudiced as a consequence of a loss of this amount of revenue,” he said.