By FORCERT

In Papua New Guinea, approximately 97% of land is customary, collectively controlled by clans, tribes and communities. This land serves as the foundation of life and security for the country’s rural communities, and is protected from alienation except under special circumstances, with the communities’ consent.

The Tavolo Community Conservation Association (TCCA), composed of three communities (Tavolo, Lausus, and Mukus) from the Melkoi LLG in the Pomio District of East New Britain Province, encountered significant challenges. Their customary land and vast rainforest were unlawfully taken and were on the verge of being cleared without their consent. This was due to the issuance of a Special Agriculture Business Lease (SABL) over their land and a Forest Clearance Authority (FCA), authorizing clear-felling of the forest.

In response, TCCA filed a legal challenge in 2022, disputing the legitimacy of the SABL Portion 2C, known as the Mukus Melkoi SABL. They brought the case against defendants: the Chairperson of the National Forest Board, the Managing Director of the PNG Forest Authority, Kakuna Lote Resource Development Company, Mekar (PNG) Limited, and the Independent State of Papua New Guinea.

On April 25, 2025, the Waigani National Court Judge Justice Susan Purdon-Sully ruled in favour of TCCA, determining that the state had failed to obtain landowners’ consent before granting the SABL title. As a result, the court ordered the cancelation of the SABL, restoring the land to its original state as customary land.

These court orders, agreed to by all parties, are the result of a site inspection on 28th April to the 3rd May 2024 by all parties (plaintiff and defendants) together with the lawyer of the Department of Lands & Physical Planning (DLPP). During this site visit they were told in public meetings by all affected customary landowning clans that they all want the SABL to be nullified. The National Court ordered the following;

“Pursuant to court orders of 6th April 2023, 9th April 2024, 3rd March 2025, under section 155 (4) of the constitution and noting NEC decision No. 184/2014 and the affidavit of the Secretary for the Department of Lands and Physical Planning sworn and filed on 11th April 2025:

a. “The Registrar of titles, Mr. Ala Ane in the Department of Lands and Physical Planning (DLPP), shall;

1. Cancel the Special Agriculture Business Lease described as Portion 2C Milinch Kapiura/Woipuna/Fulleborn, Fourmil, Gasmata/Talasea, East New Britain Province, State Lease volume 17 Folio 82 on 5th September 2008(“hereinafter referred to as the “SABL”) forthwith; and

2. Upon cancelation, file an affidavit forthwith showing evidence of compliance with term 1 (a)(i) above and the cancelled SABL.

b. “The Surveyor General, Mr. Jack Bakus in the DLPP shall;

1. Cancel the SABL' registered survey plan described as (class: RURAL CLASS FOUR

   (4)) Catalogued No. 15/981 in the DLPP, Waigani National Capital District forthwith; and

2. Upon cancellation, file an affidavit forthwith showing evidence of compliance with term 1 (b)(i) above.

“Upon cancellation of the SABL and satisfaction of terms 1 (a) and 1 (b) above, the land formerly under the SABL containing the area of 68,300 hectares shall revert back to its original state as customary land.”

This landmark ruling is an important victory for the Tavolo community. “The cancellation of the Mukus-Melkoi SABL was achieved because of the Tavolo Conservation Deed and because of TCCA who took up the matter in the National Court challenging the FCA and raising issues with the SABL which now has successfully resulted in the cancellation of the SABL,” TCCA lawyer George Akia said.

Following the court ruling, TCCA Chairperson, Mr Peter Kikele, expressed gratitude to their lawyer, George Akia of Akia and Associates Lawyers, for his dedication in representing them fighting this long-standing legal battle. He also acknowledged the cooperation of the Department of Lands, the Forestry Department, Mekar (PNG) Limited, Kauna Lote Resource Development Ltd, and other stakeholders throughout this process, which has finally led to the court’s decision. Special recognition was given to FORCERT for its guidance and support during the legal proceedings.

“My appeal to the landowners whose land is still under SABL issues to take necessary steps to reclaim and restore the ownership. To my 12,000 people of Melkoi LLG, please recognize the SABL issue and adopt a new approach to development planning, both now and into the future. We should be adopting the National Sustainable Land Use Policy to ensure proper development planning at the LLG, District, provincial, and the National levels. This new policy allows customary landowning communities to plan the best sustainable use of their land and natural resource and use it as the basis to work on their own land, under their own local SME’s,” TCCA Chairman Kikele said.

“The long battle against the SABL issue, which began in 2022, has finally come to an end. The tears of my people have not been in vain. Now the title has been overturned, we are ready to move forward with our plans and aspirations for sustainable development on our customary land,” Mr Kikele concluded.

The full court order can be downloaded below