Data source
Date of text
04 Dec 1970
Seat of court
Port Moresbyo
Original language

English

Type of text
National - higher court
Reference number
PNGLR 11
Court name
Supreme Court
Justice(s)
Minogue,Clarkson, Kelly.
Sources
InforMEA
Keywords
compensation, fisheries management, liability, Marine pollution, mining

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.