Common Contracts

PAPUA NEW GUINEA

March 5th, 2022

• Filed
  March 5th, 2022

LEGISLATION - Territory of Papua and New Guinea Forestry Ordinance 1936-1951, Forestry Act Chapter 216 and the Forestry Act 1991 – Forestry a control industry – Ownership in traditional landowners – Object and purpose of legislation – Avoid depletion of forest reserves and harvesting only in accordance with the Act - State acquires right to access, harvest only through Timber Rights Purchase Agreements (TRPAs) or Forest Marketing Agreements (FMA) – TRPAs or FMAs condition present to Timber Permits, Licenses of Authorities – No provision for extension of TRPAs - Timber Permits to confirm with term of TRPAs or FMA –Timber Permits and licenses in Timber Permits or licenses outside TRPAs or FMAs, and extension of term of TRPA not in accordance with object and purpose of legislation and therefore illegal, null and void and of no effect – Landowners entitled to damages - Sections 73 (3) (d), 136 and 137 of the Forest Act 1991,