Government Decision-Making and Environmental Degradation:

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Government Decision-Making and Environmental Degradation: A Study relating to Mining Activities in Papua New Guinea This thesis is presented for the degree of Master of Philosophy of Murdoch University 2007 Frank Carr Master of Business Administration, Charles Sturt University. Fellow of the Australian Institute of Management Fellow of the Institute of Directors (U.K.)

STATEMENT OF ORIGINAL AUTHORSHIP I declare that this thesis is my own account of my research and contains as its main content work which has not been previously submitted for a degree at any tertiary educational institution. I also declare that this thesis is my own composition and, to the best of my knowledge, any assistance received in its preparation and all sources used have been duly acknowledged. SIGNED: DATE: 24th July 2007 Candidate: FRANK CARR ii

ACKNOWLEDGEMENTS I would like to record my appreciation and thanks for the guidance and support of Dr. Rajasundram Sathiendrakumar during the final stages of preparation of this thesis. My thanks are also due and extended to Professor Herb Thompson and Doctors Frank Harman, Ameer Ali, and Simon Avenell for their support and encouragement throughout. iii

TABLE OF CONTENTS Title Page Statement of Original Authorship Acknowledgements Table of Contents List of Diagrams List of Abbreviations Abstract ii iii iv v vi vii 1 Introduction: Nature and Context of the Study 1.1 Papua New Guinea; Problems and Challenges 1 1.2 Aims and Structure of the Thesis 20 1.3 Conclusion 23 2 Overview of PNG Economy; Developmental and Environmental Concerns & Political Context 2.1 Historical Background of the Mining Industry in PNG 27 2.2 Land Tenure, the Constitution, and Mining 31 2.3 Political Context 37 2.4 Environmental Pollution as an Externality in PNG 44 2.5 Environmental Policy Design and Decision-making in PNG 52 2.6 Conclusion 59 3 Literature Review 3.1 Introduction 61 3.2 Ethics of Conservation 62 3.3 Nation-States and the Environment 65 3.4 Incapacity and Accountability Evasion 69 4 Nature and Extent of Environmental Degradation 4.1 Placer Dome s Porgera Gold Mine 80 4.2 BHP s Ok Tedi Gold /Copper Mine 88 4.3 Lihir Gold Ltd.'s Gold Mine. 99 4.4 Conclusion 105 5 Government Policy Failure and Corruption 5.1 Government Policy Failure 111 5.2 Corruption 124 6 Conclusion and Recommendation for Further Study 135 Bibliography 145 iv

LIST OF FIGURES Page Map of Papua New Guinea and Subject Mining Locations Figure 2.1 27 Mining in Papua New Guinea Figure 4.1 80 Land Elevations and Major River Systems on the New Guinea Mainland Figure 4.2 89 Papua New Guinea: Western Province Figure 4.3 91 Dieback Vegetation in the Ok Tedi River Catchment Figure 4.4 95 Satellite View of Luise Harbour Figure 4.5 103 v

LIST OF ABBREVIATIONS ADB ANU AusAID BHP BRA CIA CSIRO ECA ECP EPA IIED IMF K LMC MDC MPI MTDS MWMP NGO OECD OTML PEAK PJV PNG SPREP STD UNESCAP WANTOK Asian Development Bank Australian National University Australian Overseas Aid Programme BHP Limited (later BHP Billiton Ltd.) Bougainville Revolutionary Army United States Central Intelligence Agency Commonwealth Scientific and Industrial Research Organisation of Australia Environmental Contaminants Act 1978 of PNG Enhanced Co-operation Package Environmental Planning Act 1978 of PNG International Institute for Environment and Development International Monetary Fund Kina, PNG's unit of currency Lihir Management Company Limited Mining development contract Mineral Policy Institute Medium Term Development Strategy Mine Waste Management Project - Risk Assessment Non-Government Organisation Organisation of Economic Co-operation and Development Ok Tedi Mining Limited Porgera Environmental Advisory Komiti Porgera Joint Venture Papua New Guinea South Pacific Regional Environment Programme Submarine Tailings Disposal United Nations Economic and Social Commission for Asia and the Pacific PNG members of the same tribe or clan who speak the same language vi

ABSTRACT Papua New Guinea (PNG) is a country possessing abundant resources of gold, oil, copper, timber, and fish stocks. It is hampered in its development and management of these resources, however, by serious problems of governance and corruption. These problems are evident throughout the economy and also in the management of the environment. The level of environmental damage caused by the mining industry in PNG is now such that it will require extensive rehabilitation, if the areas affected can, indeed, ever be fully rehabilitated. The mining companies which precipitated this damage were licensed and encouraged by the PNG Government in the initiation and exercise of the mining operations. The resulting environmental impact has affected the lives of thousands of New Guineans to their detriment. The degradation caused remains unredressed. Compounding the problem, there is a growing reliance by Papua New Guinea on mineral exploitation for foreign direct investment, government revenues, and foreign exchange. Gold exports accounted for the biggest share of export revenues in 2002 representing 37.5% of the total. In light of this growing dependency on mining activities, there is a correspondingly urgent requirement to address the deficiencies in the administrative, monitoring, and policing aspects of the protection of its environment. vii

Despite the public evidence of the damage to the environment and the ensuing affect on the people of Papua New Guinea by mining activities; and despite universal condemnation of these activities and the companies responsible; the companies continue to conduct these activities without official hindrance and with little apparent concern for the long-term ramifications of their actions. This thesis will examine the degradation resulting from the mining activities of companies in Papua New Guinea over the last three decades particularly those of Placer Dome s Porgera gold mine, BHP s Ok Tedi gold and copper mine (the waste from both of which is dumped into the Ok Tedi and Strickland rivers which are tributaries of the Fly River and form part of the Fly River system) and Lihir Gold Limited's gold mine on Lihir Island. It will examine the extent to which the Government of Papua New Guinea may have wittingly (in the sense of a prescience as to the possible or probable likelihood of deleterious impact) or unwittingly contributed to that degradation as a result of its actions or omissions. Studies of available literature suggest that there has been little attention paid to the subject of culpability on the part of successive PNG governments in matters of environmental damage. This research will contribute to reducing this gap in the literature by focusing on possible motives of the PNG government and its actors which precipitated those viii

decisions and which resulted in environmental degradation. The discussion will examine the likely motivation of the PNG government in its deliberations and decisions and the extent to which corruption and incompetence may have played a role. ix