TRANSCRIPT OF PROCEEDINGS Commission of Inquiry into SABL Department of Prime Minister & NEC P O Box 639 WAIGANI. NCD Papua New Guinea Telephone: (675) 323 7000 Facsimile : (675) 323 6478 COMMISSION OF INQUIRY INTO SABL MR NICHOLAS MIROU COMMISSIONER AT KAVIENG, FISHERIES COLLEGE, MONDAY 24 OCTOBER 11 AT 9.53 A.M. SABL36 24//11 1
COMMISSIONER MIROU: Good morning Mr Tusais, Mr Bokomi. Shall we have the order of the proceedings for this morning? MR TUSAIS: Good morning Commissioner, there are quite a few persons who have turned up for our first day of hearings in the New Ireland Province which is quite encouraging but there is some interest generated by the Commission s work. Commissioner I am going to do a few remarks just letting the Commission and the public know about what the Commission plans to do over the next days into the next week after perhaps, Commissioner you say a few introductory words. Thank you. COMMISSIONER MIROU: Thank you Mr Tusais and counsel. Let me make a few comments to announce the arrival of the Commission of Inquiry on the Special Agriculture and Business Leases to Kavieng, New Ireland Province. Since this Commission of Inquiry was set up by the then acting Prime Minister, Honorable Sam Abal, commencing 21 July 11, it has completed its preliminary inquiries with the four or five key government agencies involved in the issuance of Special Business and Agricultural Leases. Those key government agencies are the Department of Lands and Physical Planning, the Forest Authority, the Department of Environment and Conservation, the Department of Agriculture and Livestock, including the Office of the Custodian of Trust Land. That preliminary inquiry was necessary for the Commission to look into the process, the legal requirements that is used to issue Special Agricultural and Business Leases, including the land investigation report that is normally conducted by Lands officers and the Forest Clearance Authority that is issued by the Forest Authority, Environment Permits, if there is going to be huge logging operations within the particular piece of land and also Agricultural Permits, depending on the suitability of the soil for that particular piece of land. Having completed that task, the Commission of Inquiry into SABL has arrived here in Kavieng to be able to make public inquiry into matters which are relevant to the Commission s Terms of Reference, and that Terms of Reference gives us the task of inquiring into each of the SABLs that have been issued, whether there was consent that was obtained, that you agreed to allow your land to be used for these purposes, and any other matters that may arise from our inquiry. For the benefit of SABL36 24//11 2
everyone, the Commission is not conducting trials like a court case. It is here to inquire into the issuance of SABL whether the land investigation process, after an application for SABL is submitted to the Department of Lands has been followed through, and then everyone within that subject area has agreed to the land being freed up for over a period of up to 99 years for business and agricultural activities. The Commission has received information from those key agencies. The team has made an assessment of all the documents, files and the evidence that we have received and in looking at each of the SABL, it is this Commission s obligation to give everyone or everybody an opportunity to be heard. That is why we have given notice of the SABL within the Press in the past few days through the NBC Toksave services here in New Ireland. The presence of each and everyone in the first sitting day is an indication of your willingness to assist the Inquiry and we appreciate and value your attendance this morning. We are inquiring - our inquiry is to receive comments, submissions or anything that you provide to Counsel and the Team and this Commission will take those evidence and consider when we make our report to the Prime Minister in March next year. Our time is very short but we appreciate that the current Prime Minister, Mr Peter O Neil, has allowed an extension of another five months to March next year to allow us to complete our - the physical inspection or for us to physically visit each of the SABL sites throughout Papua New Guinea, including New Ireland Province. [:03 am] But your attendance this morning will definitely assist us in a great way, in receiving the type of information that we need to assist us. This Commission, for the record, acknowledges the cooperation and the assistance accorded to this team on arrival last night by the Provincial Administrator, Mr Simeon Malai. So our work will not be confined to Kavieng itself but to other districts - LLGs where SABLs are located. We have only days to the 5 th November so definitely whatever information that we may gather within these next days will greatly assist us. So in closing, I welcome everybody who has come today, either to give evidence or simply to be aware of what the Commission is doing, you are most welcome and we will get on with the matters as fast as possible. SABL36 24//11 3
In so doing, I will now call upon Senior Counsel Assisting Commission, Mr Paul Tusais and Mr Jimmy Bokomi, who is lawyer assisting Counsel to provide the Commission with the details of our program in the New Ireland Province. Thank you Mr Tusais. MR TUSAIS: Thank you Commissioner. In New Ireland, we will be looking into six Special Agriculture Business Leases. Commissioner will note of course that under the extended term of this Commission, the Terms of Reference have been amended so that the Commission is authorized or is required to look into other SABLs as well as the 75 that were previously or originally listed when this Commission was set up in July of this year. But for present purposes, we have six SABLs originating from this province. The first, I mention is Cassava Etago Holdings, that is just down the road from Kavieng Town at Kaut. The second is Rakubana Limited, that is at the end of the Buluminski Highway in Namatanai. Third is Tabut Limited; Fourth is Umbukul Limited, and the fifth is Central New Hanover Limited. All are found on the Island of New Hanover. The final SABL was issued to Emirau Trust for the Island of Emirau which is far away to the West, West of Kavieng Town. Commissioner, nine witnesses have been summonsed. These witnesses are mainly public servants from the Lands Department by far, some from the Agriculture Department; these are nine agencies that deal with SABLs, and several have been persons that are of the developing company the developers, the developer company. All the witnesses who have been summoned are required to appear tomorrow on the 25 th of this month. We plan at that stage to tell the Commission exactly which witness we will call on which day. Due to the large number of people who have attended this morning, the Team wishes to speak to as many as possible today and then to work out where we can fit in those witnesses we have summonsed. I would suggest, Commissioner, that because there is a large number of people and the limited time frame that we have to sit in Kavieng, that we speak to the witnesses and if they if many come for the same purpose, that they appoint a spokesperson. If they come as an incorporated land group or ILG, may be the Chairman or one of the officials to speak on their behalf. SABL36 24//11 4
COMMISSIONER MIROU: particular spokesperson. They can voice their interests through that one MR TUSAIS: Yes, Commissioner. But that is something which we can sort out after --- COMMISSIONER MIROU: Work out, yes. MR TUSAIS: We have not had a chance to talk with the people here in New Ireland since we arrived late yesterday, so I suggest we will do that today. But for purposes of, whilst the public is here, we have drawn up a tentative schedule and for the rest of this week into the next week, this is what we plan to do. After the Commission rises or adjourns today, the Technical team, that is myself and Mr Bokomi plus the others will be speaking to everyone here and we will work out the schedule of witnesses to be for the rest of the week and into next week. But starting from tomorrow, we, the Commission plans to begin or commence hearings with the matter of Cassava Etagon, that is the project down at Kaut. Witnesses are close by and we think that that is an appropriate SABL to start with. On Wednesday, we plan to do the Emirau Trust matter. We hear that most or some of the persons interested already live here in Kavieng Town but we have to speak to them first and then put that matter on. The Umbukul or the New Hanover matters will be heard after the Emirau Island matter. That is on Thursday or should be on Friday. So we will hear the three SABLs originating from New Hanover in those two days; Thursday and Friday. On Saturday, we plan to do a site visit at Kaut, just to see how that SABL is progressing. On Sunday, the Commission may travel down to Namatanai and see the SABL down there, it is called the Danfu project. Overnight there and listen to evidence on Monday morning in Namatanai Town before travelling back. The Commission plans to visit the Island of New Hanover next week Tuesday and Wednesday because there are three SABLs there. The Commission probably needs to spend more than a day trying to cover that large area and speak to as many people as possible. SABL36 24//11 5
[:13 am] On Thursday and Friday, the Commission will soon be back here in Kavieng Town before returning on Saturday. When this program is finalized, we will be putting out copies in strategic locations of Kavieng Town. That is what we plan to do Commissioner. Perhaps if you could may be just remind people again of what I have said so they know exactly what to do. But if those persons who are here, we will be talking to them afterwards and sorting them out. Mr Bokomi is entrusted with certain files. He will be dealing with certain people who are interested in those SABLs whilst I be talking the others. Thank you. COMMISSIONER MIROU: So as we go along, we will be able to reduce the number of persons that we will be able to receive evidence from. Okay, thank you Counsel. For your information, this Commission will adjourn after this morning s session. Our two Counsels are here now and you can be able to see them after we adjourn and you can give any information or you can tell us which particular SABLs you have an interest in so that both Counsels can be able to work out a program. He has done the preliminary program but depending on what they receive today, we will know tomorrow what matters we have and our time and we will work out our programs as of tomorrow onwards. There are actually five SABLs in New Ireland; one is Cassava Etagon Holdings Limited, this is just close to Kavieng Town, Kaut; Emirau Trust Limited, that is the Emirau Island; Rakubana Development Ltd, that is located in Namatanai; and then we have three from New Hanover, which is Kabut Limited, Umbukul Limited and Central New Hanover Limited. So from the order as Counsel has informed the Commission, we will start with Cassava Etagon tomorrow sorry on Wednesday-- - MR TUSAIS: Tomorrow. COMMISSIONER MIROU: Sorry, tomorrow. Tuesday the 26 th and following from that on Wednesday, we will look at Emirau Trust, and then we will look at the other three, which is the New Hanover; the three SABLs from New Hanover Island. SABL36 24//11 6
So the Commission will adjourn and you will have the opportunity to talk to the Team, Counsel, Mr Paul Tusais and Mr Jimmy Bokomi and feel free to provide whatever information you will provide to them to assist us. Tomorrow we will do a proper inquiry, the proper hearing into various matters that we will hear for the next days. So I thank you for your attendance this morning and I look forward the things you will tell this Commission from tomorrow onwards and we will not make miracles, we will not expect things but we will ensure one thing that your land, whatever you intend to do, will be properly processed and that you can have your land for development and that the benefits should go back to you as people who own that particular piece of SABLs. So I will now have this sitting adjourned generally to tomorrow morning at Counsel any particular time tomorrow? MR TUSAIS: 9.. COMMISSIONER MIROU: At 9. am at this hall tomorrow. Thank you for your attendance. AT.18 A.M, THE COMMISSION OF INQUIRY INTO SABLS ADJOURNED TO TUESDAY 25 OCTOBER 11 AT 9. AM. SABL36 24//11 7