Community Mine Continuation Agreement

(g) whereas the communities concerned, as expressed in discussions with the Communities, and all other stakeholders (with the exception of BHP Billiton) have an informed view that the social and infrastructure economic benefits of the project outweigh the adverse effects of the continued mine and that the Ok Tedi mine should therefore continue to operate; and parties should not conclude new agreements on the Ok Tedi mine, as the 2006/2007 Memorandum of Understanding is still binding – even if it is not satisfactory – says the landowners. (h) acknowledge that BHP Minerals, the majority party of the company, wishes to divest its stake, but acknowledges the desire of all other major players in the Ok Tedi mine to continue operating; and The Post-Courier also has copies of PNGSDP`s final response to the CMCA in 2007 and independent legal counsel Sir Arnold Amet on the subject. On the basis of this agreement, landowners insisted that the O`Neill-Dion government not enter into an agreement of any kind until it complies with the agreement and what it describes in detail. They said that nothing had been taken into detail in the agreement. (d) whereas there are concerns that continued operation of the Ok Tedi mine could have additional adverse effects on the environment and that the closure of the mine before the end of its nominal life could be a method of mitigating and reducing these effects; Alex Maun, the main complainant in the Ok Tedi case in 1996, joined the choir yesterday for the closure of the OK Tedi mine. Wobiro reported on Friday on the work of the Eminent Persons group of Sir Rabbie Namaliu, Sir Puka Temu and Bart Philemon: “I am confident that the Eminent Persons Group will seek advice on the four main parties, namely the State, the PNGSDP, the Provincial Government of Fly River and the leaders of the Community Mine Continuation Agreement (CMCA), including BHP Billiton, in order to obtain a favourable result. (5) The fact that the company has entered into the Community mine maintenance agreements does not alter the effect of the releases and the compensation scheme instituted by the Ok Tedi Agreement 1976 (modified and supplemented) with respect to a Community that does not enter into such an agreement. The national court on Friday ordered that OTML, among others, refrain from landfilling mine waste and deposits in Ok Tedi/Fly River systems until the February 12 hearing.

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