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Thursday, 18 May 2017

Landowner Compensation in Mining Industry of Papua New Guinea

Landowner compensation is any sum of money paid by an exploration or mining company based on the value of disturbances caused by the company during exploration or mining.

Landholders of any exploration or mining activity are entitled to receive compensation payment depending on the value of disturbance to the environment. The Exploration company or the mining operator is liable to pay compensation under the  Mining Act 1992 (S.154) for Papua New Guinea.

During the exploration phase, there are no agreements signed between landholders and the explorer prior to exploration. Only mutual agreements are made prior  to actual exploration and compensation is paid according to Valuer General's Latest Schedule. The Latets Valuer General's Schedule is the 2013 version. Other rates for the extractive industry can be access at the PNG Chamber of Mines and Petroleum office.

Prior to entry and occupation and development of a Mining or ancillary operation to mining, a Compensation Agreement is a requirement for the developer and the landholders whom they will be affected by the mining operation or its related operation(s). Once agreements are signed and registered, it becomes legal document that will guide the operation in the intended aspect.

Compensation payment can be one-off payment or periodic payment depending on the agreement. In exploration, they are one-off payment of compensation in which one cannot claim compensation on the same area which was already compensated.

Compensation Agreement in the Mining Lease or Special Mining Lease and related leases and easements is a requirement. Once it is registered for execution, it becomes a legal document and it guids the operation.

Typical Disturbance of Natural Topography

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