By Luana Paniu

All necessary requirements for the granting of a Special Agriculture and Business Lease (SABL) to the Baina Agro Forestry project may hold political interest, according to the Commission of Inquiry last week.

During questioning of former Central Provincial Lands Manager, Cliff Boutau, the inquiry discovered the discrepancies with this particular SABL proved that plans had already been underway for Oil Palm development under the SABL on portion 29C Milinch Kase and Fourmil Buna for the term of 45 years.

The turn of events unfolded that a prominent leader (named) had in part formalised a request through the Provincial Executive Council (PEC) who in turn gave their approval in the absence of a Land Investigation Report (LIR), field Investigation, awareness meetings, Soil Suitability and Environmental Impacts etc. 

The Land Investigation Report (LIR) is needed to determine land boundaries, genealogy studies according to those land boundaries and in particular it creates awareness of the SABL resulting in whether or not the landowner permits the SABL to take place and cover their particular customary land.

Knowledge of an SABL is made before any other procedure can take place must be established and consent must be sought prior to granting of an SABL as stipulated in the Lands Act section 102 to ensure the land is not cleared for logging purposes but for the purpose of the SABL.

The inquiry heard that the LIR only took place a few months after the interest and position was made by the Provincial Executive Council in 2005 which resulted in the granting of a Forest Clearance Authority (FCA or logging permit) without due process on whether the land was suitable for Oil Palm or what environmental impacts were likely to be felt.

That study only took place two years later when DAL acting upon a request from the Central Provincial Government, sent an officer to the area to conduct evaluation and monitoring procedure that declared it unfit for Oil Palm.

“It seems that the interest in development took place well before the instruction for Land Investigation Report was made,” said Counsel assisting the Inquiry (named).
She also sought clearance as to the position the prominent leader also held in the PEC, which could’ve enabled the haste in which the SABL was granted.

The inquiry heard that the LIR in fact took place a few months after the interest and position of the PEC was made known.

“There are quite a few Timber Abstraction (TA) for logging in the Kairuku area and that’s how it came into being because of the number of Agro-Forestry Projects so that the people could benefit with development,” said Mr Boutau.

It was also revealed that a hasty Land Investigation Report had been concluded on July 26 and compilation was completed on the September 13 with the signature of 10 Incorporated Landowner Groups (ILG’s).

One month later on October 27, the head lease agreement signed between the Government and the Landowner Groups contained an additional eight signatures which could not be accounted for.

It was also revealed that the delegated Minister signed off on the Land Investigation Report on November 3.

The inquiry asked where the names came from to which Mr Boutau replied that he did not know.

“Did you check with the then Provincial Lands officer to satisfy why that is when you should be looking at these 10 Groups this would be the ones that are recognised, did you verify before you signed it,” asked presiding Commissioner Nicholas Mirou.

“It would mean that your investigations were incomplete when you appeared and those other parties were never aware, I notice that the papers were all signed on the same day, would you say that the whole exercise appears to be rushed?” he asked.

Mr Boutau thus explained that there were at least three executives from one group sign and that although their intentions were good, it was sometimes difficult to establish who the real landowners were.