AN OFFICIAL Gazettal Ministerial Determination Notice issued by the Petroleum and Energy Minister Kerenga Kua and his Secretary David Manau for the PNGLNG Petroleum Development Licence 9 (PDL 9) has been questioned.
Fhebi Hela Major Clans and Tugupa Clans in PDL 9 Landowners Associations queried this as they were left out in the landowner beneficiary determination process.
The Ministerial Determination Gazettal was published in The National Newspaper on May 19, 2023.
In a statement on Tuesday, the aggrieved clans specifically questioned the legitimacy of the Gazettal Determination because of failure in not following proper and legal vetting clan identification process.
Chiefs representing both clans headed by landowner Chairman of the Fhebi Hela major clans Chief Tony Hondone, and Tuguba Harika Yuku Clan of PNGLNG PDL 9, Chief Tara Papaya, claimed that the gazetted Ministerial Determination was a blatant disregard of proper process in vetting the true landowners affected and included in the project.
They further claimed that the determination exercise was done outside of the project site and signed by “paper landowners.”
As such, the Chiefs call for the immediate withdrawal of the official gazettal of the Ministerial Determination for beneficiary clans.
The Chiefs also stated that an official written protest letter was sent to Minister Kua on May 22, 2023, stating the legitimate reasons why the gazettal should be nullified and promptly retracted but have not received any feedbacks.
Copies of this letter were also sent to the Prime Minister James Marape including their legal team to consider their plea and take necessary actions.
According to a copy received by this paper of the letter sent to Minister Kua, Minister Kua and his Secretary were demanded to ensure the withdrawal of the gazetted Determinations forthwith and call on LOBID Chairman Gai Pobe to qualify their determination without landowners’ identification by Exxon Mobil & JV as required under Section 47 Oil and Gas Act 1998.
“Hon Minister, with due respect to your esteemed office, we question the legitimacy of the beneficiary clans listed in the Gazettal determination for Royalty and Equity benefit payments.
“The basis of this determination, the LOBID reports, and signed clan consent forms are deemed fictitious and erroneous as they were done miles away from the project area.
“The NEC approved Chairman for Clan Vetting LOBID exercises were not called upon by the Minister Kua and his Secretary to do the proper exercises under the Oil and Gas Act.
“The signing of clan consent forms took place at Koroba Station in Koroba Kopiago District of Hela Province and Kiunga station in North Fly District of Western Province respectively, which failed to identify and capture rights of the major clans of PDL 9,” said the Chiefs in a signed letter to Minister Kua.
Chief Hondene specifically said despite making numerous attempts to correct the anomalies repeatedly through formal submissions to the Department since 2009 to have the Fhebi Hela Tugupa clans included in the Ministerial Determination, no favourable response has been forthcoming.
He said this perceived lack of interest in adequately responding to their concerns and continued ignorance has not only aggrieved them as the custodians of the project impacted area but has also brought disrepute to the good name of the Department.
Hondene warned that if the trend continued it would have serious legal ramifications thus affect the smooth operations of PNGLNG Project in PDL 9 and P’ynang pipelines running through their custodian traditional lands.
