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Title:
Wardens' Court at Jaba River; ex parte Bougainville Copper Pty. Ltd., Regina v
Party:
Papua New Guinea
Region:
Asia and the Pacific
Type of document:
National - higher court
Date of text:
December 04, 1970
Data source:
InforMEA
Court name:
Supreme Court
Seat of court:
Port Moresbyo
Justice(s):
Minogue,Clarkson, Kelly.
Reference number:
PNGLR 11
ECOLEX subject(s):
Sea
Legal questions
Environment gen.
Abstract:
The Wardens’ Court had awarded periodic payments of 1500 pounds of fish per year for the duration of a 42 year mining lease to the clan whose fishing had been affected by the mining company’s operations. This was purportedly pursuant to the Mining (Bougainville Copper Agreement) Ordinance 1967. The mining company sought to have the order quashed. It was not clear that the Wardens’ Court acted under the correct provision of the legislation. There was a failure to clearly identify and specify the persons on whose behalf the award for compensation was made. Compensation was not necessarily tied to the duration of the lease. The compensation was for the loss of a right and would be more properly paid in a lump sum. Order was quashed.