By Joey Tau, Freelance Journalist, Pacific Media

The following brief was sourced from the executive summary and recommendations of the final report dated 23rd June 2013.

The Inquiry found that key agencies DLPP, DAL, PNGFA and DEC are not collaborating and exchanging information that is related to the administration of SABL under their respective functions. The law as it is currently applied to SABL per se does not provide for nor does it compel an all-embracing collaborative and consultative effort to be undertaken by all relevant government agencies and Departments including DLPP, DAL, PNGFA, DEC and IPA that deal with consideration, approval and processing of SABLs.

The land investigation process was technically abused by those responsible in the management, land mobilization and the conduct of land investigation in number of instances. Customary Lands Officers were so negligent in completing all details for majority consent, grant and issuance of SABL title.

Almost all the Provincial Lands Officers were not fully aware of their roles in the conduct of the field investigation and was not competent to complete the process amicably. This was evident in the Provinces of East Sepik, Central, Western and Madang.

Land Mobilization and investigation were fully funded by the proposed developers of the project as was the case with four SABLs located in New Ireland, four at Western Province and one in the Madang Province. This is typical scenario that has become endemic and systemic within the public service for Public Servants to derive extra benefits by way of allowances and other incidentals to be able to conduct the LIR. The independence and integrity of the SABL process is compromised with the result very much favouring the proposed Developer and sub leases of an agriculture sub-lease.

In the majority of SABLs reservation for customary rights was not recommended for whatever reasons the Provincial Administrator or District Administrator considered at the time the LIR files were submitted.

The Provincial Administrators are required to undertake due to diligence of the Land Investigation Report, but the normal trend was that the Officers involved in the project was experienced and competent, and was enough to ignore the venting process. This is fatal due to the fact that if a lease is for a period of 99 years then the three to four generations will have not exercised their rights to hunting, fishing, burial and sacred sites. This was evident in all the twenty-five SABLs inquired this far.

In almost all the 25 SABLs, not one of the SABLs were processed by the Custodian of Trust Land pursuant to the Land Registration Act for the Certification of Alienability to be issued. The certification allows for Direct Grant under section 11, Registration under section 102 of the Act and issuance of the title. The Department of Lands evidently decided to forgo this process and ultimately issued titles without the Custodian of Customary Land Certification.

The office of the State Solicitor is completely out of touch with some of this major contracts that have been found to be unfair and completely imposes conditions on the major agencies of the State such as DLPP, DEC, PNGFA, IPA and DAL to forgo their statutory and regulatory powers to fulfil the project initiative.

In almost all of the SABLs, there was a common trend on the conversion of former TRP and FMA concession areas into SABLs for the purpose of acquiring FCA requirements to undertake commercial agriculture crops such as oil palm, cocoa or coconut, and rubber.

Recommendations:

The new and specific legislation be enacted and introduced to govern all aspects of SABL in an all-embracing manner.

Propose that a legislative framework be established defining and setting the scope and the extend of the responsibilities of DAL in so far as SABLs are concerned with a new to ensuring that the SAL must play a prominent role (if not leading) in so far as the consideration, approval and processing of SABL is concerned.

Existing Survey Plans and Land Investigation Report relating to particular resource development projects such as logging or harvesting merchantable timber on customary land under a TRP or FMA should not be used to convert that area into SABL. In other words, new and fresh LIR and land boundary survey must be conducted and gauge certain and secure informed consent of the landowners.

To introduce and develop training modules for officers involved in Customary Land Registration at three levels of government. This is to enhance their capacity and understanding of the latest process, procedures and legalisation dealing with Customary Land Registration.

Establish an institute of Customary Land Registration to facilitate land development program in PNG.

Where an SABL is situated on the coast or inland but along a major waterway, for instance a river connecting the SABL project area to the sea, strict compliance of existing laws governing the construction and operation of jetties, wharves including other requirements must be adhered to.

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