Devil in the Detail
The new Jubilee Australia report, The Devil in the Detail, about the Bougainville Mining Act 2015, was launched by David Shoebridge MLC and Senator Lee Rhiannon on 11 November 2015 at NSW Parliament House.
The Bougainville Mining Act, passed on March 26, 2015, raises serious concerns as local communities are largely unaware of its provisions that include hefty penalties and imprisonment for infringement of the Act.
The report analyses provisions of the Act which could be in violation of international covenants and with Bougainville’s constitution. It also compares claims made about the Act by politicians and others, with its actual terms.
“Given the bloody history and sensitivities around mining in Bougainville, it’s vital that the Act is understood,” Jubilee Australia CEO, Brynnie Goodwill, said. “The profound impact on the socio-ecological, cultural and economic wellbeing of local communities must be protected.”
A number of provisions give rise to concern. Under the new mining law:
- Landowners do not have veto power over the grant of an exploration license, which can still be approved despite local dissent.
- Attempts to withdraw consent to mining by preventing access to land or negotiating fairer terms after landowner permission has been given are criminalised and can attract substantial fines (250,000 kina) and imprisonment (5 years).
- Mining is also considered a 'public purpose', enabling the Autonomous Government of Bougainville to compulsorily acquire land for mining despite local dissent.
