Tuesday, June 21, 2005

How they are going to steal your land

This is an internal government paper, so we are told, we do not know where it came from. But it has the hallmarks of authenticity.

We know that at least one big law firm in Port Moresby drafted carbon sinks legislation to do this type of job, and tried to sell it to the Government. The information we had is that the government did not buy the draft legislation. But the basic work has been done, and after all there are only so many ways to skin a cat.

We believe that this is the plan to steal customary land, and for the government to take the bulk of any profits from the landowners of carbon sinks, without just compensation, and in violation of the Constitution.

Landowners get a roylaty only, but they dont say how much. LLGs and Provincial Governments do not get a mention!

This legislation would put at risk all the governments claims to minerals, oil, and gas. That is so because they seek to base their claim to the revenue from carbon sinks, on similar devices in the Oil and Gas Act. Clearly, if that is so, then if they loose the carbon sinks issue, they will loose the oil and gas issue. More on this later.

Here is the text:

" To capture potential investment in PNG, safeguard the investors and create
royalty income for the National Government, legislation is needed to be
drafted and implemented in PNG to assist in creating tradeable carbon
rights. The company will be responsible for drafting the legaislation to be
enacted by the PNG Parliament. To ensure that the PNG Government remains
involved and benefits from such investment rather than see funds pass
directly to landowners without government participation or regulation, it is
suggested that legislation similar in concept to the Oil and Gas Act of 1998
be introduced.This could effectively be done with a Carbon Rights Act.
Legislation would be enacted to provide that all carbon sequestration rights
is vested inPNG are the property of the State (National Government) but that
owners, occupiers or persons having an interest in the land would receive
from the State a percentage of royalties according to the amount of carbon
credits created by a particular forest and depending upon its ability to
absord the greenhouse gas emissions and their involvement in the management
of the forest".

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