Steven files application to join case seeking to interpret law

National
Davis Steven

ATTORNEY-General Davis Steven and two other parties have filed applications to intervene in an application by two landowners that seeks to interpret sections of the constitution which they claim are inconsistent with the recently amended Mining Act (2020).
The other parties, Barrick Niugini Limited and the Kumul Mineral Holdings Ltd (KMHL) filed applications to intervene before Justice Derek Hartshorn yesterday at the Waigani Supreme Court.
Lawyer Greg Sheppard, representing the applicants Mark Tony Ekepa and Pala Teya, had no objections to the three applications to intervene.
The landowners raised arguments in their application that the granting of the special mining lease (SML11) breached their constitutional right to protection from unjust deprivation of property. The landowners are challenging the legality of the granting by the state on Aug 25 of the special mining lease to KMHL.
Lawyers representing KMHL and the Barrick Niugini Ltd both argued that they had interest to join in the current proceedings.
Solicitor General Tauvasa Tanuvasa, who is representing the Steven, said the other parties may have an interest but this was a constitutional reference which questioned the constitutionality of the recently amended Mining Act.
Justice Hartshorn reserved his decision on the three applications to intervene to a later date.