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Lands Officer approved SABL without Minister's consent

By Luana Paniu

A senior Government officer signed SABL approvals without the knowledge of the Minister for Lands and Physical Planning, the Commission of Inquiry in SABLs heard yesterday.

The CoI Commissioners while questioning the officer were frustrated to learn that approvals were granted without due processes being followed.

The officer told the inquiry that junior officers from his department, carried out site inspections and reports under funding from forestry and oil palm companies because the government did not have the money to fund their trips.

The CoI said the Senior Lands officer did not comply with Section 174 of the Lands Act, 1996 when he gave his approval.

Under this regulation, all forms must have the approval of the Minister for Lands and Physical Planning, including statutory instruments in relation to the SABL. This would then insinuate that nearly all SABL’s carried out by the officer are illegal and non compliant to the law.

The officer had been summoned before the CoI based on evidence of his involvement in signing of both Head Lease and Land Investigation Reports (LIR’s) in many SABL’s covered in the four regions of the country. He is currently the Director for Land Acquisition at the Department of Lands and Physical Planning (DLPP) and has conducted SABL’s in large land masses spanning across Gulf, Western, West Sepik and Madang and many others.

The Inquiry also pointed out that advice from the Department of Lands and Physical Planning (DLPP), through the Minister was then given to the National Executive Council (NEC) and then to the Head of State (Section 175) to lease any statutory instrument.
It was revealed that this was not the case with all the SABL’s the officer had conducted in his Land Investigation Reports (LIR’s) including Tenant forms such as, tender or lease application and various others.

The CoI asked: “The Minister has the power to approve a particular form that should be used by the Department of Lands and Physical Planning for particular purposes and would you say ( these SABL’s) had the approval of the Minister?” 

The Officer replied that these were the forms used in previous years to which the Inquiry replied; “so what you are saying is that you don’t know?” “Correct,” was the reply.

Counsel Jimmy Bokomi, said later to this reporter that if anyone were to contest the legality of these LIR’s in court, they would certainly win. The lands officer later told this reporter that the SABL’s should be given enough time to produce the intended results for the benefit of the country. It was also revealed that many others in his office had travelled to various sites to conduct LIR’s on the expenses of the foreign developers.

The Inquiry asked if this did not conjure prejudice in carrying out the LIR to which he replied that his department was not able to fund these site visitations as they were a requirement adding that it did not affect how they carried out what was required of them. 

It was also revealed that the same approvals had also not been sought for statutory instruments in relation to Acquisition of Land by way of outright purchase by State.