2012 ESAP Report - Morobe Mining Joint Venture
2012 ESAP Report - Morobe Mining Joint Venture
2012 ESAP Report - Morobe Mining Joint Venture
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HIDDEN VALLEY,<br />
EXTERNAL<br />
STAKEHOLDER<br />
ADVISORY PANEL<br />
(<strong>ESAP</strong>)<br />
June<br />
<strong>2012</strong><br />
<strong>ESAP</strong> Annual <strong>Report</strong> on the Hidden Valley <strong>Joint</strong> <strong>Venture</strong>, July<br />
2011 – June <strong>2012</strong><br />
<strong>Report</strong> No. 1
Table of Contents<br />
Executive Summary 3<br />
1. Introduction 4<br />
2. Background 4<br />
3. The HVJV Project 7<br />
3.1 Project Site 7<br />
3.2 Permit to Operate 7<br />
3.3 Positive undertakings 8<br />
4. <strong>ESAP</strong> and its roles 10<br />
4.1 Objectives and TORS 10<br />
4.2 <strong>ESAP</strong> Operations 11<br />
4.3 <strong>ESAP</strong> Formal Meetings 11<br />
4.4 Other engagements 14<br />
4.5 Relationship of <strong>ESAP</strong> and the HVJV 15<br />
5. Key issues 15<br />
5.1 General 15<br />
5.2 Environmental 16<br />
5.3 Social and community 20<br />
5.4 Mine Closure & implications 24<br />
6. Role of Government 24<br />
6.1 Responsibilities of Government 24<br />
6.2 Ineffective mine monitoring by Government 25<br />
6.3 Slow feedback from Government on Environmental Permit<br />
Compliance queries 25<br />
6.4 Ineffective Government oversight of the utilization of benefit flows<br />
from HVJV 25<br />
6.5 Ineffective Government oversight of the environmental destruction<br />
caused by alluvial gold miners along the Bulolo and Watut Rivers 26<br />
7. <strong>ESAP</strong> Future Work Program 26<br />
7.1 General Operations 26<br />
7.2 Environment 26<br />
7.3 Social & Community 26<br />
7.4 Communications 26<br />
Appendix 1: <strong>ESAP</strong> Members 28<br />
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ACRONYMS<br />
ANZECC - Australia and New Zealand Environment and Conservation Council<br />
ARD – Acid Rock Drainage<br />
BSA – Benefit Sharing Agreement<br />
BST – Benefit Share Trust<br />
CRDP – Community Regional Development Program<br />
DEC – Department of Environment and Conservation<br />
EAC – <strong>ESAP</strong> Environment Advisory Sub - Committee<br />
EMP – Environmental Management Plan<br />
EIS – Environmental Impact Statement<br />
<strong>ESAP</strong> – External Stakeholder Advisory Panel<br />
FGF – Future Generation Fund<br />
HVJV – Hidden Valley <strong>Joint</strong> <strong>Venture</strong><br />
LLG – Local Level Government<br />
MEJV – <strong>Morobe</strong> Exploration <strong>Joint</strong> <strong>Venture</strong><br />
MoA – Memorandum of Agreement<br />
MPG – <strong>Morobe</strong> Provincial Government<br />
MRA – Mineral Resources Authority<br />
NKW – Nauti Kuembu Winima<br />
PNG – Papua New Guinea<br />
SCAC – <strong>ESAP</strong> Social and Community Advisory Sub-Committee<br />
SMEC – Snowy Mountain Engineering Corporation<br />
TSF – Tailings Storage Facility<br />
WGJV – Wafi Golpu <strong>Joint</strong> <strong>Venture</strong><br />
WRIMP – Watut River Impact Management Project<br />
WRIMP AC – Watut River Impact Management Project Advisory Committee<br />
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Executive Summary<br />
This <strong>Report</strong> covers the first year (July 2011 to June <strong>2012</strong>) of operation of the Hidden Valley gold mine<br />
External Stakeholder Advisory Panel (<strong>ESAP</strong>). <strong>ESAP</strong> was established in June 2011 by the Hidden Valley<br />
<strong>Joint</strong> <strong>Venture</strong> (HVJV) 1 as an independent advisory body to assist HVJV in addressing the<br />
environmental and related social impacts of its gold and silver mining activities upon the<br />
communities. The establishment of an external expert advisory panel is consistent with world’s best<br />
practice in the mining industry.<br />
The Hidden Valley mine is located in the Upper Watut area of the Wau-Bulolo district of the <strong>Morobe</strong><br />
Province. <strong>Mining</strong> of gold and silver by HVJV commenced in July 2009 and is expected to continue for<br />
a period of 14 years.<br />
Recognising the economic importance of the mine to the community, <strong>Morobe</strong> Province and Papua<br />
New Guinea, HVJV undertook several initiatives to ensure that key environmental and related social<br />
issues affecting the communities were promptly identified and addressed in a transparent and<br />
responsible manner.<br />
This report contains a summary of the <strong>ESAP</strong>’s observations, gained from familiarisation visits to the<br />
HVJV mine, review of various documents provided by HVJV, discussions with HVJV staff and<br />
management, from five (5) <strong>ESAP</strong> meetings held to date, and attending other meetings with key<br />
stakeholders and HVJV partners.<br />
Over the first 12 months of its operation, <strong>ESAP</strong> provided several reports to HVJV, namely in the form<br />
of recommendations from each meeting, Advisory Note 1 and reports and comments on individual<br />
issues. In the Advisory Note 1, <strong>ESAP</strong> discussed its key findings and presented advice to HVJV on:<br />
• Two Environmental areas - on-site issues (e.g. minimisation of ARD) and off-site issues (e.g.<br />
overall condition of the Watut River from the impact of about 30 million tonne of sediment<br />
cast into the River);<br />
• Three broad Social and Community areas - empowerment, future generation fund and<br />
landowner relations.<br />
Furthermore, <strong>ESAP</strong> identified a number of tasks related to Environment, Social and Community<br />
aspects that it will seek to progress over the next twelve months. <strong>ESAP</strong> commends HVJV for setting<br />
up an independent Advisory Committee (<strong>ESAP</strong>) to give them advice on Environmental, Social and<br />
Community impact of the mine’s activities.<br />
In this reporting period, <strong>ESAP</strong> has worked in accordance with its Terms of Reference and, through its<br />
briefs and advise as noted above, put forward for HVJV’s consideration suggestions on the way<br />
forward. However, <strong>ESAP</strong> believes there is scope for further work to improve the relationship<br />
between HVJV and <strong>ESAP</strong>, in particular in improving communications between HVJV and <strong>ESAP</strong>.<br />
1<br />
HVJV is a 50-50 joint venture between Harmony Gold Limited and Newcrest <strong>Mining</strong> Limited<br />
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1.0 Introduction<br />
The Hidden Valley Mine External Stakeholder Advisory Panel (<strong>ESAP</strong>) was established by the Hidden<br />
Valley <strong>Joint</strong> <strong>Venture</strong> (HVJV) partners in June 2011 as an independent advisory body to assist HVJV<br />
mine address its environmental and related social impacts of its activities on the community. The<br />
establishment of the <strong>ESAP</strong> by HVJV represents current world best practice for mining ventures in the<br />
areas of environmental and social responsibility.<br />
The <strong>ESAP</strong> currently consists of six (6) members with expertise in environmental management,<br />
aquatic ecology, water quality, forestry, business management, foreign relations, law and civil<br />
society. The <strong>ESAP</strong> is chaired by Sir Joseph, J. Tauvasa KBE. Details of the <strong>ESAP</strong> members are listed in<br />
Appendix 1.<br />
Between July 2011 and June <strong>2012</strong>, <strong>ESAP</strong> held five (5) formal meetings, details of which are provided<br />
in Section 3.2 (<strong>ESAP</strong> Operations). In March <strong>2012</strong>, <strong>ESAP</strong> provided HVJV with an Advisory Note (#1)<br />
covering recommendations on a number of environmental, social and community issues. <strong>ESAP</strong> also<br />
undertook an independent assessment of the reported fish deaths in the Watut and Markham rivers<br />
in February <strong>2012</strong> for HVJV.<br />
This report contains a summary of <strong>ESAP</strong>’s observations and recommendations on environmental,<br />
social and community issues in the first 12 months of its operation, and outlines a work program for<br />
the next 12 months.<br />
2.0 Background<br />
Harmony Gold <strong>Mining</strong> Company Limited of South Africa and Newcrest <strong>Mining</strong> Limited of Australia<br />
formed three 50-50 unincorporated joint ventures (<strong>Morobe</strong> <strong>Mining</strong> <strong>Joint</strong> <strong>Venture</strong>s) in August 2008<br />
for the purpose of developing and operating mines in the <strong>Morobe</strong> Province of Papua New Guinea<br />
(PNG). Harmony and Newcrest are significant gold producers in the world with impressive reserves<br />
and exploration growth portfolios 2 .<br />
The Hidden Valley <strong>Joint</strong> <strong>Venture</strong> (HVJV) is one of the three (3) joint venture entities entered into<br />
between Harmony and Newcrest. The other two entities are Wafi–Golpu <strong>Joint</strong> <strong>Venture</strong> (WGJV) and<br />
<strong>Morobe</strong> Exploration <strong>Joint</strong> <strong>Venture</strong> (MEJV).<br />
The Hidden Valley mine is located 15 km southwest of Wau in the <strong>Morobe</strong> Province, at the top of the<br />
Watut River catchment (Figure 1). The mine site is at an altitude of between 1,800 and 2,500 m with<br />
an annual average rainfall of approximately 3,000 mm.<br />
2<br />
http://www.morobejv.com/about/index.htm<br />
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Figure 1:<br />
Topographical map showing the location of the HVJV mine site identified as ML151 in the south<br />
with respect to its location from Lae.<br />
Source: <strong>Morobe</strong> Exploration <strong>Joint</strong> <strong>Venture</strong>, 2009<br />
Much of the focus on the environmental impacts of the mine has been on the loads of sediment<br />
contributed during both the construction phase (2007-2009) and then during the current operational<br />
phase (2010-present).<br />
<strong>ESAP</strong> is aware that a significant amount of sediment from the pre-mining construction phase was<br />
released into the Watut River as a result of poorly constructed waste rock dumps at that time. Some<br />
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of this sediment still remains in the river system, most notably in the Upper Watut River upstream of<br />
the Bulolo River junction and in the Lower Watut River.<br />
Since completion of the construction phase the sediment load from the mine site has been reduced<br />
significantly as a result of the construction of well-designed waste rock dumps.<br />
However, the Hidden Valley mine is not the only source of sediment to the Watut River. There are<br />
three other well-identified sources, these being (Figure 2):<br />
(a) The Bulolo River - alluvial mining has occurred in the Bulolo River catchment since the 1930’s,<br />
and is still occurring. These current mining operations are considerably more sophisticated than<br />
in the past with high pressure sluicing now used to process the sediments and permit the gold to<br />
be extracted. Over the years these operations have contributed a considerable load of<br />
sediments downstream, and this is still occurring.<br />
(b) The Kumalu landslide – a major landslide occurred in the Kumalu River catchment (a tributary of<br />
the Snake River) around the year 2000. This landslip contributed an unknown, but probably<br />
significant, load of sediment to the Watut River via the Snake River. Based on monitoring data<br />
over the past two years, the Snake River is contributing 4-5 times the annual sediment loads<br />
from each of the Upper Watut River and the Bulolo River.<br />
(c) Landslips – the upper parts of the Watut River catchment are steep and prone to regular<br />
landslips. These landslips, such as those evidenced in the Banir, Isuro and Langimar catchments<br />
(which are part of the Watut catchment), can contribute large quantities of sediment to the river<br />
system, although the amount has not been quantified.<br />
<strong>ESAP</strong> estimate that the three main sources – the HV mine, Bulolo River and the Kumalu landslide -<br />
have contributed approximately the same amount of sediment to the Watut River, although over<br />
different time periods (HV mine – 5 years; Bulolo River – ca. 50 years; Kumalu landslide – 12 years).<br />
These sediment loads have contributed to a number of changes particularly in the Lower Watut<br />
River, including:<br />
• River straightening,<br />
• Increased bank erosion and landslips,<br />
• Overbank flooding and deposition,<br />
• Ecosystem loss,<br />
• Forest dieback.<br />
<strong>ESAP</strong> believes that the Upper, Middle and Lower Watut River communities have a lack of<br />
appreciation of the above sources of sediment to the river, and tend to blame all the observed<br />
sediment-induced changes on the HV mine.<br />
Further, <strong>ESAP</strong> believes it to be in HVJV’s best interests to continue working vigorously to address the<br />
issue of sedimentation in the Watut River system and to identify possible measures to restore the<br />
river system. It also needs to work harder to get this information out to the communities in a simple<br />
and understandable form in English and Tok Pisin.<br />
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Figure 2:<br />
Map of the Watut River catchment showing photos of the three main sources of sediment to this<br />
system: the Hidden Valley mine, artesian mining in the Bulolo River and the landslide in the Kumalu<br />
River catchment.<br />
Landslide in Kumalu River<br />
Engineered Waste Rock Dumps at<br />
Hidden Valley Mine<br />
Results of artesian mining in Bulolo<br />
River<br />
3.0 The Hidden Valley <strong>Joint</strong> <strong>Venture</strong> (HVJV) Project<br />
3.1 Project Site<br />
Historically the Hidden Valley area has been the focus of various exploration companies spanning<br />
over two decades. CRA Exploration discovered the Hidden Valley prospect in 1984 and the adjacent<br />
Kaveroi prospect in 1992. The Hamata prospect was discovered in 2002 in 1987 by Renison<br />
Goldfields Consolidated (RGC). As a result of various ownership changes Harmony eventually<br />
acquired a 100% interest in all of these prospects in 2003 3 .<br />
Hidden Valley is a greenfields gold mining operation although there has been artisanal mining of<br />
alluvial gold in this area and following further exploration established the viability of a large scale<br />
gold mining processing operation based on these deposits. The strategic joint venture agreement<br />
with Newcrest in 2008 resulted in the creation of the <strong>Morobe</strong> <strong>Mining</strong> <strong>Joint</strong> <strong>Venture</strong>s (MMJV).<br />
In terms of the joint venture agreement, Newcrest bought an initial 30% stake in Harmony’s PNG<br />
assets in July 2008 for US$229 million and sole funded exploration, development and construction<br />
costs in the joint venture area for approximately US$300 million in FY09 to earn-in an additional<br />
20%. Newcrest formally reached a 50% stake in the joint venture on 30 th June 2009.<br />
The Hidden Valley mine is operated by Hidden Valley Services Ltd via <strong>Morobe</strong> Consolidated<br />
Goldfields Ltd for Harmony and Newcrest PNG 1 Limited representing Newcrest.<br />
3.2 Permit to Operate<br />
The Hidden Valley mine was commissioned in 2009 to commence mining of its <strong>Mining</strong> Lease (ML)<br />
151. Construction of the mine started in 2007 with the bulk of the work completed towards mid-<br />
3 MRA OHS REPORT, Hidden Valley Operations, 2010<br />
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2009. The first gold pour occurred in 2009 with the mine achieving full commercial production in<br />
September 2010 4 .<br />
Prior to construction work on the mine and establishment of HVJV, <strong>Morobe</strong> Consolidated Goldfields<br />
(a Harmony subsidiary) entered into a Memorandum of Agreement (MoA) in 2005 with the<br />
Government and the local landowners. The signatories to the MoA were the Minister for Treasury<br />
representing the State at the National level, the <strong>Morobe</strong> Provincial Government (MPG) representing<br />
the province, the three LLGs of Bulolo District representing the District and Nakuwi Landowners<br />
Association Incorporated, representing the three landowner clans of Nauti, Kuembu and Winima<br />
villages. The MoA provided the formula for the distribution of royalties and/or compensation from<br />
the mine operations to all the signatories as well as specify the guidelines for the recruitment of the<br />
general labour force for the mine.<br />
The Environmental permit to operate the Hidden Valley mine was received in March 2005 following<br />
the submission of a comprehensive Environmental Impact Statement (EIS) along with a detailed<br />
Environmental Management Plan (EMP). The approval process involved extensive stakeholder<br />
consultation that included local landowners, the provincial government, the district administration<br />
and the local level government officers5.<br />
3.3 Positive Undertakings<br />
Over the past 12 months, <strong>ESAP</strong> observed that HVJV has progressed well in delivering on its<br />
commitments and obligations as spelt out under the HVJV MoA. Amongst other things, <strong>ESAP</strong><br />
observed progress and improvements in the following areas;<br />
• Mine operation and disposal of tailings and waste;<br />
• A series of scientific and technical projects aimed at better understanding high priority<br />
environmental issues both on-site and off-site (Watut River Integrated Management<br />
Program - WRIMP);<br />
• Employment opportunities for local communities;<br />
• Focus on gender equality in employment opportunities;<br />
• School fee assistance to affected communities and community projects such as water<br />
supplies;<br />
• Health and education infrastructure support;<br />
• Construction of fishponds (aquaculture);<br />
• Extension support for cocoa farming in the lower Watut villages and coffee planting in the<br />
Upper Watut villages; and<br />
• Positive partnerships with the Provincial and District Administrations and various service<br />
providers and civil society organisations in the Province.<br />
For a relatively medium sized mine that has been in operation for less than five (5) years, these<br />
achievements are highly noteworthy. HVJV is establishing itself as a leader, in terms of maintaining<br />
an environmentally sustainable and a socially responsible mine. This trend points to a positive<br />
outcome in the future that will be long remembered after the mine closure. It is a trend that is<br />
consistent with the world’s best practices. Also consistent with world’s best practice in the mining<br />
industry is the initiative taken by HVJV to create independent advisory bodies like <strong>ESAP</strong> and the<br />
WRIMP Advisory Committee.<br />
4 http://www.morobejv.com/about/history.htm<br />
5 Hidden Valley – Factsheet, September 2011<br />
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HVJV’s proactive response to the needs of the communities beyond the immediate mining villages is<br />
also a positive reflection of HVJV as a responsible corporate citizen. HVJV’s commitment was visible<br />
in the communities <strong>ESAP</strong> visited and these interventions were appreciated and acknowledged by the<br />
communities. <strong>ESAP</strong> commends HVJV for establishing the Community Regional Development Program<br />
(CRDP) that has been the primary vehicle used by HVJV to deliver on its commitments to the<br />
landowners and the affected communities beyond the mine site.<br />
<strong>ESAP</strong> also acknowledges the enormous investment made by HVJV towards the construction of the<br />
Tailings Storage Facility (TSF), the first of its kind in PNG.<br />
A further positive for HVJV has been the mine visitation program where it encourages visits to the<br />
mine site by interested parties, both government and affected landowner communities to see<br />
firsthand the on-site containment strategies and actions.<br />
Figure 3:<br />
Tailings Storage Facility (TSF) at Hamata.<br />
From HVJV quarterly reports, <strong>ESAP</strong> noted considerable progress made in the area of employment<br />
under the HVJV MoA, where up to 55% of employees overall are from <strong>Morobe</strong> Province, with 45%<br />
recruited locally from the Bulolo District. Additionally, females make up 15% of the workforce. This is<br />
a remarkable effort on HVJV’s part to mainstream gender into its operations. <strong>ESAP</strong> however is aware<br />
that HVJV is faced with staff retention issues that need to be addressed.<br />
Furthermore, royalties have been paid out to the stakeholders in line with the MoA. A total of K37.6<br />
million has been paid at the end of June <strong>2012</strong>, of which K750,000 has been set aside for future<br />
generations through a Trust Fund. Notable also is the execution of the Benefit Sharing Agreement<br />
(BSA) Trust Deed and the establishment of the Board of Governors to oversee the operations of the<br />
BSA Trust.<br />
<strong>ESAP</strong> also notes the increasing inputs provided by HVJV in supporting the establishment and<br />
profitable operations of local landowner companies. <strong>ESAP</strong> is aware of a number of joint venture<br />
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initiatives involving local landowner companies and external service providers to support HVJV mine<br />
operations in the areas of trucking, security and catering. A more recent example is the plant nursery<br />
contract with a Nauti village company to supply indigenous plant seedlings to be used in the slope<br />
stabilisation work at the mine site.<br />
Despite the positive initiatives, interventions and activities undertaken by HVJV and summarised<br />
above, activities of the pre-mining phase have dented the company’s image and this will take time to<br />
heal. <strong>ESAP</strong> is aware that a significant amount of sediment from the pre-mining construction phase<br />
(from mid-2007 to mid-2009) was released into the Watut River and has contributed to the<br />
environmental and social impacts of the river and the river communities respectively (See also<br />
Section 2). This issue remains an ongoing concern.<br />
Consequently, <strong>ESAP</strong> believes that in spite of the good intentions by HVJV in its social and community<br />
initiatives and activities, suspicion will continue to prevail in the Upper, Middle, and Lower Watut<br />
River communities. It will be in HVJV’s interests to continue working vigorously to address the issue<br />
of sedimentation in the Watut River system and to identify possible measures to restore the river<br />
system. It also needs to work harder to get this information out to the communities in a simple and<br />
understandable form in English and Tok Pisin.<br />
Given the lessons from the post mining experience of HVJV, <strong>ESAP</strong> believes that there is scope for<br />
HVJV to consider underground mining for the emerging WGJV mine as opposed to open cut mining.<br />
4.0 <strong>ESAP</strong> and its role<br />
Over the first twelve months, <strong>ESAP</strong> focussed on familiarising itself with the Hidden Valley operations,<br />
while HVJV undertook its own assessment on how best to fully utilise or draw on <strong>ESAP</strong>’s expertise<br />
and experience to provide advice in the environment, social and community areas.<br />
This section covers; <strong>ESAP</strong>’s Terms of Reference and presents briefly the actions taken in fulfilling<br />
each requirement of the TOR.<br />
4.1 Objectives and ToR’s<br />
4.1.1 At the request of HVJV, to periodically review HVJV's environmental standards, policies, data<br />
and procedures and to give advice and make recommendations thereon, having regard to<br />
local, national and international norms and standards:-<br />
The opportunity to address this ToR has not been provided, however, <strong>ESAP</strong> expects to<br />
address this in the second year of operation.<br />
4.1.2 To identify actual or potential environmental and related social impacts of HVJV's activities,<br />
having regard to topical stakeholder concerns and inputs:-<br />
<strong>ESAP</strong> has commenced addressing this ToR with details provided in Section 4.2.<br />
4.1.3 To recommend to HVJV the commissioning of relevant, specific technical studies and<br />
investigations, for HVJV approval. Studies and investigations approved by HVJV will be<br />
conducted by HVJV or by external experts or institutions on HVJV's behalf at HVJV's cost and<br />
expense:-<br />
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<strong>ESAP</strong> has had limited opportunities to recommend the commissioning of technical studies<br />
during this initial 12 months. However, <strong>ESAP</strong> is now in a position to work with HVJV to<br />
recommend a number of studies during the next 12 months (see Section 7).<br />
4.1.4 To review the results and findings of approved studies and investigations and to give advice<br />
and make recommendations to HVJV thereon:-<br />
This particular activity links to activity 4.1.3 above. As noted above, <strong>ESAP</strong> has had limited<br />
opportunities to act on this ToR. However, at the specific request of HVJV, <strong>ESAP</strong> undertook<br />
an independent review and investigation into the alleged cyanide poisoning of fish in the<br />
Markham River and submitted its report to HVJV. <strong>ESAP</strong> expects to undertake further reviews<br />
for HVJV over the next 12 months.<br />
4.1.5 To be a credible additional source of information relevant to the environmental and related<br />
social impacts of HVJV's activities; and<br />
<strong>ESAP</strong> has provided advice to HVJV through the recommendations contained in the minutes<br />
of its five meetings held to date.<br />
4.1.6 To assist HVJV communicate relevant information to stakeholders by means of joint<br />
announcements and joint attendance with HVJV representatives at community or<br />
stakeholder forums.<br />
<strong>ESAP</strong> has fulfilled this action through reports it has provided to HVJV as well as consultations<br />
it has held with the concerned communities. As for reports; <strong>ESAP</strong> has written two reports<br />
namely, the Advisory Note 1 and Fish Mortality <strong>Report</strong>. With respect to public consultations,<br />
<strong>ESAP</strong> had its first face to face public meeting with the people of the Lower Watut River at<br />
Madzim in its first visit and again with the Sambio villagers in its recent visit of May <strong>2012</strong>. In<br />
addition to these consultations, <strong>ESAP</strong> members have also participated in the presentation of<br />
the report of the joint State and HVJV patrol of the Watut River at the PNG University of<br />
Technology in Lae. Through these avenues, <strong>ESAP</strong> has had the opportunity to interact as well<br />
as communicate key messages to the communities concerned.<br />
4.2 <strong>ESAP</strong> Operations<br />
The <strong>ESAP</strong> members are fully committed to performing their roles as members of the panel. <strong>ESAP</strong> has<br />
established two sub-committees to effectively utilise the expertise and experiences of the full panel<br />
in providing analysis and advisory services in response to the tasks outlined in its ToR. The subcommittees<br />
are: (a) the Environment Assessment Committee headed by Professor Barry Hart, with<br />
Professor Simon Saulei and Professor Misty Baloiloi (on leave of absence) as members, and (b) the<br />
Social and Community Assessment Committee headed by Ms Jean Kekedo with Sir Joe Tauvasa and<br />
Ms Freda Talao as members.<br />
In this first 12 months of operation, <strong>ESAP</strong> quickly realised that the lack of adequate baseline<br />
information on the conditions of the environment, social and community structures before HVJV<br />
commenced mining, poses a significant challenge to <strong>ESAP</strong> in the analysis and assessments it seeks to<br />
make. Such historical data is a vital benchmark from which to assess the current activities of the<br />
mine, especially in relation to changes in the Watut River system and the impact on the communities<br />
over time.<br />
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<strong>ESAP</strong> is committed to ensuring that HVJV maintains its focus on the current and future generations<br />
of the people in the Watut River Valley. To this end, <strong>ESAP</strong> provided advice on Future Generation<br />
Fund (FGF) and has also been asking for the Conceptual Mine Closure Plan as discussed in Section 4.4<br />
<strong>ESAP</strong> met five (5) times in the past 12 months and presented a total of 25 action points to HVJV for<br />
consideration. In the same period, one issues report (Advisory Note 1) and one technical report 6<br />
were presented to the company.<br />
4.3 Formal <strong>ESAP</strong> meetings<br />
The inaugural meeting of the <strong>ESAP</strong> was held at the Hidden Valley mine campsite in July 2011. This<br />
meeting included a site tour of the Hamata pit, the processing plant and the TSF. This was followed<br />
later with a visit to the Watut River from the headwaters at the mine on a helicopter as well as, an<br />
aerial visit of the developing Wafi-Golpu <strong>Joint</strong> <strong>Venture</strong> advanced exploration site. The purpose of<br />
this visit was to enable the <strong>ESAP</strong> members to get an insight into the operations of the company and<br />
familiarise the members with the mines operational context. <strong>ESAP</strong> members also stopped at Madzim<br />
village in the Lower Watut to consult with the community and to see first-hand the impact of the<br />
mine in the lower stretches of the Watut River system. At this village, the <strong>ESAP</strong> members also<br />
observed a water supply project constructed by HVJV.<br />
Figure 4:<br />
<strong>ESAP</strong> members briefing at the T.S.F. site.<br />
The second meeting was held at the Melanesian Hotel, Lae, in September 2011.<br />
Following the Lae meeting, <strong>ESAP</strong> was invited by HVJV to meet the WRIMP (Watut River Impact<br />
Management Project) Advisory Committee in Brisbane and also meet the HVJV Executive Team.<br />
<strong>ESAP</strong> also utilised this opportunity to convene an extraordinary meeting in Brisbane, addressing<br />
urgent matters arising from its Lae meeting, and also used this meeting to prepare for its meeting<br />
with the WRIMP AC and HVJV Executive Team.<br />
From the Brisbane meeting, the following issues were identified for <strong>ESAP</strong>’s further consideration:<br />
6 Fish Kill Incidents in the Watut and Markham Rivers, February <strong>2012</strong><br />
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• <strong>ESAP</strong> recognized, from the reports provided, the difficulty in attributing how much of the<br />
dieback is directly related to HVJV mining activity compared with other sediment sources.<br />
However, there is an urgent need to get the story related to die-back produced in a simple<br />
and understandable way.<br />
• There are significant differences between the DEC and international compliance levels that<br />
need to be addressed. <strong>ESAP</strong> understands that HVJV have made representation to DEC to<br />
have these compliance levels reviewed, and seeks to be kept informed on the outcome of<br />
these discussions.<br />
• In view of the potential damage introduced fish species can cause to natural river systems,<br />
<strong>ESAP</strong> encourages HVJV to consider stocking aquaculture fish ponds with native fish species.<br />
• The need for HVJV to develop strategies on its social and community programs with a clear<br />
focus on outcomes.<br />
• The need to align various infrastructure programs to local and provincial government plans.<br />
• The need to assess Government budgets with a view to establishing a future generation<br />
fund.<br />
The fourth (4 th ) <strong>ESAP</strong> meeting was held in Port Moresby in February <strong>2012</strong>. The meeting was to<br />
finalise its first Issues <strong>Report</strong> (Advisory Note 1 7 ). <strong>ESAP</strong>’s two sub-committees, the Environmental<br />
Assessment Committee (EAC) and the Social and Community Assessment Committee (SCAC),<br />
presented discussion papers that were compiled into the final report for presentation to HVJV.<br />
The fifth (5 th ) <strong>ESAP</strong> meeting was held at the Bulolo Technical School in May <strong>2012</strong>. At this meeting,<br />
<strong>ESAP</strong> discussed feedback from HVJV on its Advisory Note 1 and incorporated relevant amendments<br />
for final submission to HVJV. <strong>ESAP</strong> also discussed its first Annual <strong>Report</strong> and resolved to further<br />
refine this report at a meeting in mid-June. Other key considerations at this meeting included;<br />
• Involvement, if any, with the upcoming HVJV MoA negotiations between, landowners, State<br />
and HVJV as observer and not as active participant;<br />
• The need for targeted empowerment programs in the communities;<br />
• Discussions on managing waste discharge issues by HVJV with a visit to the discharge point<br />
at the mine site to ascertain how discharge was being handled by the HVJV. This assisted<br />
<strong>ESAP</strong> members to better understand water conditions at the monitoring stations;<br />
• Revisiting previous agreement to prepare <strong>Report</strong> Cards on: (a) the environment and (b) the<br />
social and community development activities by the end of <strong>2012</strong>. <strong>ESAP</strong> resolved to obtain<br />
information for the preparation of these two report cards for the next meeting.<br />
Following the 5 th meeting, <strong>ESAP</strong> members visited the villages of Nauti in the Upper Watut and<br />
Sambio in the Middle Watut area. At Nauti Village, a direct beneficiary of the mine through<br />
landownership, <strong>ESAP</strong> inspected the Environment Monitoring Station and had informal discussions<br />
with villagers present.<br />
<strong>ESAP</strong> also witnessed road maintenance, new double elementary classrooms, aid post, community<br />
hall, footbridge and water supply to the village by HVJV. <strong>ESAP</strong> members were surprised to hear of<br />
how little the villagers knew about the mine and its operations.<br />
At Nauti, <strong>ESAP</strong> inspected two staff houses built by HVJV, and held informal discussions with the<br />
community. The panel visited the site of river crossing where a proposed foot bridge is being<br />
planned for construction. The women and youth representatives expressed disappointment in what<br />
they perceived to be unfair distribution of royalties to them by their village leaders, asserting that<br />
7 <strong>ESAP</strong> Advisory Note 1, July – Dec 2011<br />
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the men were getting the bulk of these royalties. They also expressed their desire to participate in<br />
tours of the mine and for inclusion in the discussions for royalties. In light of the grievances raised,<br />
<strong>ESAP</strong> suggested that the Community Affairs team continue dialogue with the communities about<br />
mine visits as well as on how the communities can use their benefits more meaningfully, in<br />
particular, whether or not the community could build cheap homes from the royalties they receive.<br />
<strong>ESAP</strong> noted further concerns raised by the Sambio community around their fear of eating the fish,<br />
eels and prawns found in the river.<br />
4.4 Other Engagements<br />
In addition to the formal meetings, <strong>ESAP</strong> has also undertaken other engagements, including:<br />
• <strong>ESAP</strong> Chairman Sir Joe Tauvasa met with Executives of both JV partners.<br />
• Ms Jean Kekedo and Mr Romias Waki undertook a helicopter trip up the Watut River to Hidden<br />
Valley in September 2011.<br />
• Ms Freda Talao, Professor Misty Baloiloi and Mr Romias Waki attended the HVJV Stakeholders<br />
Forum held at the PNG University of Technology in November 2011.<br />
• Professor Simon Saulei and Ms Talao visited Hidden Valley and did an aerial survey of the Watut<br />
and Markham River Catchment in February <strong>2012</strong>. This followed a period of extraordinary heavy<br />
rainfall in the <strong>Morobe</strong> Province that contributed to reported land-slips in the tributaries of the<br />
Watut River. This trip allowed the <strong>ESAP</strong> members to make an independent assessment of the<br />
impact of the heavy rainfall and land slips. From the observations, the impact of the rainfall on<br />
the Snake River resulted in the clogging of debris at Bangalum and old Sambio villages in the<br />
Mumeng LLG. <strong>ESAP</strong> understands that the PNG Defence Force were called on to come in and<br />
blast the debris to clear up the passage for trapped water to flow out as well as to enable the<br />
debris to move further downstream and ease impact of flooding on the villages in the vicinity of<br />
the river.<br />
Figure 5:<br />
Showing Debris build up at Bangalum and old Sambio Villages following heavy rainfalls in February<br />
<strong>2012</strong> but not related to HVJV mining operations.<br />
•<br />
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• Access to the mine from Lae was also affected by the poor conditions of the Bulolo Highway.<br />
<strong>Report</strong>s of a supply truck overturning at Wampit and dying fish on both the Watut and Markham<br />
Rivers prompted HVJV to request <strong>ESAP</strong> to independently assess allegations and concerns raised<br />
by the local communities that the dead aquatic food source were caused by the mine. Following<br />
its own independent analysis, <strong>ESAP</strong> provided its scientific opinion to HVJV in April <strong>2012</strong>.<br />
• During this period, Professor Simon Saulei also had discussions with HVJV on issues relating to<br />
fish deaths in the Markham River, issue of credibility of cyanide tests and samplings, silt clogging<br />
of fish gills from River sediments and the de-oxidation of water due to high loads of sediments.<br />
4.5 Relationships of <strong>ESAP</strong> and HVJV<br />
<strong>ESAP</strong> is broadly happy with the current working relationship with the HVJV partners. The JV partners,<br />
Harmony Gold and Newcrest <strong>Mining</strong> Limited, are very professional in their approach and are<br />
committed to their organisations and to their <strong>Joint</strong> <strong>Venture</strong> arrangements under the <strong>Morobe</strong> <strong>Mining</strong><br />
<strong>Joint</strong> <strong>Venture</strong>s (MMJV), covering HVJV, Wafi-Golpu <strong>Joint</strong> <strong>Venture</strong> (WGJV) and <strong>Morobe</strong> Exploration<br />
<strong>Joint</strong> <strong>Venture</strong> (MEJV).<br />
At the Bulolo meeting, <strong>ESAP</strong> discussed how communications with HVJV could be improved,<br />
especially in relation to obtaining information and reports necessary for <strong>ESAP</strong> to make its<br />
assessments, as well as providing advice on outstanding environmental matters raised on a number<br />
of occasions over the past 12 months. As a way forward on this issue, <strong>ESAP</strong> and HVJV will conduct a<br />
workshop in July <strong>2012</strong> to go over documentation held by the company with respect to<br />
environmental issues for consideration by <strong>ESAP</strong>.<br />
5.0 Key Issues<br />
5.1 General<br />
Of the two established sub-committees, the primary role of the EAC is to assess all environmental<br />
issues impacting the community from the mine’s operations and contribute its analysis and advice to<br />
the <strong>ESAP</strong>. The role of the second sub-committee is to assess and advise <strong>ESAP</strong> on the social and<br />
related community issues arising from HVJV operations, including the impact of HVJV benefits and<br />
contribution to the communities.<br />
The establishment of the two sub-committees is designed to ensure that the impact of the mine<br />
operations on the environment and the community are adequately addressed and assessed using<br />
the relevant expertise and knowledge of the panel members.<br />
Comments in this section of the report are from observations <strong>ESAP</strong> made from its two site visits to<br />
the HVJV mine, as well as visit to the Watut River village communities where the members had the<br />
opportunity to meet and consult with the community members. The review of key reports and<br />
documents provided by HVJV also provided further guidance in <strong>ESAP</strong>’s advice to HVJV. Current best<br />
practice is that such documents should be in the public domain or on the internet. This is not yet the<br />
case for HVJV reports and documents.<br />
The work undertaken by WRIMP on the environment, and the social mapping studies carried out by<br />
Tanorama 8 have been useful to <strong>ESAP</strong>. Data and assessment done by the consultants, especially from<br />
the on-going work by WRIMP, have provided useful description on the status of the environment<br />
along the Watut River. The pre-mine development phase and the current mine operations on the<br />
8 <strong>Report</strong> on Watut River Impacts Consultations, Tanorama, 2009<br />
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environment outside of the immediate mining lease have had a consequential impact on the<br />
communities’ livelihood and welfare, particularly in the Upper Watut.<br />
However, given the lack of baseline environmental data that can be used to provide a benchmark,<br />
<strong>ESAP</strong>’s assessment of the ecological condition of the Watut River (aquatic life and turbidity) has been<br />
qualitative rather than quantitative.<br />
Additionally, there is also a lack of socio-economic baseline information on the Watut River<br />
communities that has made it difficult for <strong>ESAP</strong> to assess changes in the socio-economic conditions<br />
of the communities due to the mine’s existence. There appears to be little knowledge of previous<br />
official records of clans, demography, population shifts and tribal groups in the Upper, Middle and<br />
Lower Watut areas affected by the mine.<br />
The Tanorama <strong>Report</strong> highlighted population surveys of the Watut River communities, but given the<br />
lack of official records and written population history and genealogy, ownership of land may prove<br />
difficult to manage in terms of derived benefits. Compensation may become contentious especially<br />
in the more heavily populated areas such as Nauti. From <strong>ESAP</strong>’s discussions with the silent majority<br />
of women and youth, these groups were concerned with the selection process used in appointing<br />
women and youth representatives to important decision-making committees of the villages. The<br />
women and youth consulted asserted that village committee members appointed were not<br />
nominated by the majority of the villagers, but were chosen by leaders as their proxies.<br />
They raised further complaints on the unfair distribution of royalties in the community where they<br />
were receiving far less than the men.<br />
The two complainant groups viewed the current village selection process as unfair and not in the<br />
best interest of the communities. There is a need for a transparent process to be installed that will<br />
allow the women and youths to freely select their own representatives to the village committees<br />
without fear or intimidation. From this consultation, <strong>ESAP</strong> observed the strong need for targeted<br />
awareness of people’s rights through the use of Radio <strong>Morobe</strong> on community issues such as health,<br />
education, women’s advancement and conflict management and resolution to help the people in the<br />
mine area understand their rights and resolve their internal tensions.<br />
5.2 Environmental<br />
5.2.1 General<br />
HVJV currently operates under the PNG Department of Environment and Conservation’s (DEC)<br />
approved Water Extraction and Waste Discharge permits and Environmental Management Plan<br />
(EMP). Additionally, as a result of an environmental audit conducted by Snowy Mountain<br />
Engineering Company (SMEC) during 2010, the company is also implementing an Environmental<br />
Improvement Plan (EIP) that was approved by DEC in April 2011. This latter plan is focused largely<br />
on on-site environmental issues (e.g. erosion, rehabilitation, operation of the tailings dam, operation<br />
of the cyanide destruction facility).<br />
HVJV has also developed and is implementing the Watut River Impacts Management Project<br />
(WRIMP), which is focused more on potential social and environmental impacts downstream of the<br />
mine. The objectives of WRIMP are: (a) to identify all environmental and social effects related to<br />
mine-induced impacts on the Watut River, (b) to manage and coordinate all relevant technical and<br />
social studies, (c) to identify and implement measures to reduce adverse impacts, and (d) to<br />
regularly inform all stakeholders of progress.<br />
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Resulting from two <strong>ESAP</strong> site visits (23-24 July 2011; 21-22 May <strong>2012</strong>), good briefings from mine staff<br />
(23 July and 22 September 2011) and the WRIMP Advisory Committee (20 October 2011) and review<br />
of key documents and reports provided by HVJV, <strong>ESAP</strong> had a good overview (if not all the details) of<br />
the environmental issues facing HVJV and what HVJV is doing about them.<br />
In this section <strong>ESAP</strong> comments on four key areas: (a) baseline information, (b) on-site environmental<br />
issues, (c) off-site environmental issues, and (d) report on fish kill incident.<br />
5.2.2 Baseline condition<br />
A detailed assessment of the condition of the Watut River system, both environmentally and socioeconomically,<br />
before the Hidden valley mining operations commenced is essential background<br />
information for assessing the impacts of the operation on the downstream environment.<br />
Unfortunately, even though an Environmental Impact Assessment (EIA) was prepared prior to<br />
government approval of the project, there is a significant lack of detailed baseline information<br />
outside of the immediate mining lease area.<br />
<strong>ESAP</strong> has requested that HVJV prepare a single document that summarises the available information<br />
on the baseline condition of the Watut River system before the Hidden valley mining operation<br />
commenced. This information is needed to serve as a benchmark to assess:<br />
• Short-term changes due to pre-mine impacts (mid-2007 to mid-2009);<br />
• Current (2010-12) environmental condition; and<br />
• Expected environmental conditions of the Watut River system in the future (e.g. 2015, 2020<br />
and 2030).<br />
<strong>ESAP</strong> requested information on the following baseline environmental indicators: general water<br />
quality (conductivity, pH, DO, including BOD), contaminants (heavy metals, cyanide, acid rock<br />
drainage (ARD), suspended sediment loads, geomorphology of the river channel, and condition of<br />
the aquatic ecology (fish, prawns, macro invertebrates). <strong>ESAP</strong> further asked that this information be<br />
reported spatially for the following regions: Upper Watut River, Bulolo River, Middle Watut River,<br />
and Lower Watut River, since the changes in these different sections of the river are expected to<br />
vary significantly.<br />
An initial summary report on baseline condition was prepared by HVJV in May <strong>2012</strong>, and <strong>ESAP</strong> is<br />
working with HVJV to improve this report. <strong>ESAP</strong> intends to use this baseline information in the<br />
preparation of a simple Environmental <strong>Report</strong> Card, the first to be completed in early 2013.<br />
5.2.3 On-site environmental issues<br />
HVJV has a detailed environmental management plan and an environmental improvement plan,<br />
both approved by DEC. Although <strong>ESAP</strong> still has to assess in detail HVJV’s performance against these<br />
plans, all that <strong>ESAP</strong> has viewed so far suggests that this plan is adequate and is being implemented in<br />
a professional manner.<br />
<strong>ESAP</strong> intends to undertake a more detailed assessment of the adequacy of the environmental<br />
management plan and of the HVJV’s performance against these plans as part of the preparation of<br />
the Environmental <strong>Report</strong> Card to be undertaken during the second year of <strong>ESAP</strong>’s operations (see<br />
Section 7).<br />
The following on-site environmental issues are of concern:<br />
• On-site ARD mitigation strategy – ARD is already occurring in the waste rock dumps, with the<br />
acidic seepage occurring. This is currently being treated with lime. Further engineering<br />
investigations are occurring to develop a long term solution.<br />
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• Reducing riverine turbidity at Nauti – a major issue with all mine sites is the management of<br />
erosion and transport of sediment downstream. <strong>ESAP</strong> will further investigate (a) claims that the<br />
DEC criteria for turbidity at Nauti are unrealistically stringent, and (b) potential for improving<br />
management of sediment in the Watut River.<br />
• Mine as a source of pathogens and sewage pollution – <strong>ESAP</strong> will investigate the adequacy of<br />
current discharges of treated domestic waste water into the Watut River.<br />
• Ensuring data quality – <strong>ESAP</strong> will investigate the adequacy of the quality control protocols<br />
for the in-situ water quality monitoring and will also review the environmental monitoring<br />
program as part of the preparation of the Environmental <strong>Report</strong> Card.<br />
• Transforming data into information – <strong>ESAP</strong> will work with HVJV to better analyse the very<br />
large amount of water quality data being collected; this will be done as part of the preparation<br />
of the Environmental <strong>Report</strong> Card. Additionally, <strong>ESAP</strong> sees a need to better consolidate into<br />
single focused reports the very large number of relevant company and consultant reports.<br />
At this stage, <strong>ESAP</strong> believes that the major on-site environmental management issue that requires<br />
continuing attention is the assessment and management of potential acid rock drainage (ARD) from<br />
the waste rock dumps both during mine life and beyond.<br />
<strong>ESAP</strong> has requested that HVJV prepare a document that addresses: the ARD issue, possible<br />
mitigation strategies, and an initial assessment of the likely success of these strategies in reducing<br />
ARD release during mining and beyond.<br />
Figure 6:<br />
Mixing zone for waste water from processing plant with lime.<br />
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5.2.4 Off-site Environmental issues<br />
The off-site environmental (and social) issues related to the HVJV mining operations are a concern<br />
for the people living in the Watut River valley.<br />
HVJV has identified a range of off-site environmental issues, contributed by an increased sediment<br />
load in the Watut River catchment from the mine site during pre-construction phase. It appears that<br />
material is still in the river and is slowly making its way to the Markham River and the Huon Gulf. The<br />
sediment has contributed to a major decline in fish populations, adverse impacts on floodplain<br />
vegetable gardens and forest die-back.<br />
HVJV established a specific program of work - the Watut River Impact Management Program<br />
(WRIMP), with extensive series of technical and social projects to mitigate the impact of the above<br />
issue.<br />
As the external and independent ‘watchdog’, <strong>ESAP</strong> believes it is vitally important that it works closely<br />
with the WRIMP Advisory Committee to closely monitor the progress of this work and assesses its<br />
adequacy, and reports its finding to both HVJV and all stakeholders.<br />
<strong>ESAP</strong> considers that the following off-site environmental management issues warrant continuing<br />
attention:<br />
• Understanding the geomorphological responses to increased riverine sediment loads – the<br />
significant sediment load added during pre-construction phase has resulted in major changes to<br />
the channel form, resulting in loss of land and forest die-back, and additional over-bank<br />
deposition. The changes due to this added sediment need to be better understood and some<br />
assessment made of how long this will last.<br />
• Understanding the fate of mine-derived sediments – the mine is still contributing a similar<br />
amount of sediment as the Bulolo annually into the Watut River system. The fate of this material<br />
and its associated heavy metals is poorly known, as is the time it will take for this material to be<br />
transported through the system.<br />
• The ARD-risk within the Watut River – there is emerging evidence that ARD may be occurring in<br />
some locations in the Watut River. The sources of which need to be better understood and<br />
mitigation methods identified and implemented as appropriate.<br />
• Assessing recovery of the aquatic ecology – studies have shown that aquatic biota (particularly<br />
fish and prawns) in the Upper Watut River have been significantly impacted by high sediment<br />
load in the River, and possibly also increased metal concentrations. Studies are needed to<br />
predict what recovery is possible and when. The continuous monitoring of heavy metal<br />
concentrations in aquatic faunal tissues need to be implemented and results provided to<br />
stakeholders.<br />
<strong>ESAP</strong> believes that the major off-site environmental issue is the lack of knowledge related to the<br />
ecological (and socio-economic) impacts of increased sediment load in the Watut River System, and<br />
the difficulty for assessing how long it will take for the aquatic biota to return to a reasonably<br />
healthy condition.<br />
<strong>ESAP</strong> has requested that HVJV prepare an overview report focused on (a) quantifying the impacts on<br />
the aquatic biota due to mine-derived sediment, and (b) prediction of the time it will take (if at all)<br />
for the aquatic biota to return to a reasonably healthy condition.<br />
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5.2.5 Fish kill incident<br />
In February <strong>2012</strong> there were community concerns over fish dying in the lower Watut River at Chiatz<br />
Village and in the Markham River at the Markham Bridge. There were claims that an accident<br />
involving a truck transporting cyanide from Lae to the HVJV mine was responsible for these fish<br />
deaths.<br />
Upon request from the HVJV, <strong>ESAP</strong> undertook an independent assessment of the claims arising from<br />
the truck incident and concluded that there was no evidence of cyanide spillage into the Watut<br />
River. There is no question that large numbers of fish, prawns and eels were killed in the lower<br />
Watut River at Chiatz Village on 15 February <strong>2012</strong> and in the Markham River at the Markham Bridge<br />
on 16 February <strong>2012</strong>.<br />
However, <strong>ESAP</strong> could find no evidence to support the claim that an accident involving a truck<br />
transporting cyanide from Lae to the HVJV mine site was responsible for these fish kills. In fact, all<br />
evidence surrounding the truck accident suggested that no cyanide was released into the<br />
environment. This is despite that fact that another assessment provided to the villagers and the<br />
media reported high concentrations of cyanide in surface water and fish tissue allegedly taken at the<br />
accident site and in the Markham River. <strong>ESAP</strong> was not able to obtain a report on this work and<br />
because of this could not validate the claims.<br />
There was however, evidence to suggest that the fish kills reported at Chiatz village were the result<br />
of a very large increase in the suspended sediment (turbidity) concentration that was transported<br />
through the lower Watut River over a 9-hour period on 15 February <strong>2012</strong>. This slug of very turbid<br />
water was probably caused by a landslip in either the Banir or Langimir River catchments a few days<br />
earlier.<br />
Because of the paucity of data, <strong>ESAP</strong> was not able to provide any assessment of the reason for the<br />
fish kills that reportedly occurred in the Markham on 16 February <strong>2012</strong>.<br />
5.3 Social and Community<br />
<strong>ESAP</strong> observed improvements in education and health of the communities as a result of the mine<br />
operations and acknowledges HVJV’s positive and proactive approach in the provision of health,<br />
education, water supply, farming including aquaculture and infrastructure services to the<br />
communities that otherwise would have not been provided without the mine.<br />
Figure 7:<br />
A Water supply project provided to the communities by HVJV, Photo courtesy of HVJV.<br />
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<strong>ESAP</strong> furthermore notes the business development opportunities provided by HVJV in awarding<br />
contracts to landowner companies, the support provided to ensure success in L/O business<br />
operations, infrastructure and other benefits provided outside the scope of HVJV mandate as a<br />
measure of goodwill and social corporate responsibility.<br />
The social and community issues identified by <strong>ESAP</strong> that need addressing collectively by HVJV and<br />
other stakeholders are in the main:<br />
• Empowerment of the Community and people;<br />
• Future Generation Welfare; and<br />
• Ongoing Landowner issues Management.<br />
5.3.1 Empowerment of the people<br />
Since the commencement of the Hidden Valley mine, the villagers living along the Watut River have<br />
seen significant changes to the river and the environment. From two site visits conducted to date,<br />
<strong>ESAP</strong> has observed both positive and negative impacts of current HVJV operations on the<br />
communities.<br />
HVJV sought to mitigate the environmental impact by paying compensation for food and cash crop<br />
damages. The communities were also consulted to identify and put forward their concerns and work<br />
with the company to address the development needs of the villagers and people.<br />
The total number of landowners recorded for the Hidden Valley mining lease is 3,500 whilst other<br />
communities along Watut River, the Bulolo Highway and the number of Settlers totalled 15,200.<br />
As at 31 June <strong>2012</strong>, a total of K 37.6 million royalties have been paid out by the HV Mine. From this<br />
figure the Landowners received K16.54 million, while the 6 Bulolo District LLG’s received<br />
K7.52million and the <strong>Morobe</strong> Provincial GovernmentK13.54 million. In addition to the royalties, a<br />
further 4.1 million kina was also paid as compensation for garden damages claims raised by some<br />
3,900 villagers.<br />
With the influx of cash into the community, <strong>ESAP</strong> observed that the communities lacked the capacity<br />
to deal with the modern cash economy. Many landowners are illiterate and even amongst the<br />
literate; they lacked the capacity to make informed decisions on how to wisely use the large revenue<br />
inflows.<br />
Empowerment Issues<br />
<strong>ESAP</strong> acknowledged HVJV’s and the government initiative in undertaking social mapping and<br />
proactively addressing the concerns of the communities. The company continues to progressively<br />
monitor achievements of the key indicators of community services in; compensation, community<br />
projects, employment, engagement, business development, and benefit streams.<br />
It is a common belief in rural PNG that one aspect of the mining industry desired by landowners is to<br />
own and operate business spin off activities from mining operation. This notion comes with the<br />
expectation that financial assistance should be provided by the company to set up the businesses for<br />
the landowners.<br />
Over time, any measurement of the achievements of the above initiatives will raise questions such<br />
as; Will the people be better off after a period of time?; what is required now to enable the<br />
communities to be satisfied with the benefit sharing outcomes provided by the company?<br />
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To answer these questions, <strong>ESAP</strong> feels that people will generally be satisfied if they are provided<br />
with the opportunity to manage their affairs including management of projects, future maintenance<br />
and sustainability of assets provided by the company. The notion of empowerment of the Watut<br />
River communities should increase the capacity of individuals and/or the communities to make their<br />
choices and to deal with these choices. It should also allow them to gain the required knowledge and<br />
skills and create an attitude that will be in tune with the changing lifestyle as a result of the mine.<br />
<strong>ESAP</strong> however, cautions that given the overall low level of educations in the area, too much giving<br />
could lead to creating the mindset of the community to become passive recipients of benefits rather<br />
than being actively engaged in managing their affairs. <strong>ESAP</strong> considers that deliberate empowerment<br />
strategies will need to be developed and implemented by HVJV. This should involve changing the<br />
mindset of the people from one focused on consumption to one focused on savings.<br />
<strong>ESAP</strong> notes the benefits generated from the mine, especially the increased cash inflow into the<br />
communities has caused the communities and individuals to spend money quickly without due<br />
regard for their future generations and personal welfare.<br />
HVJV currently implements some aspects of empowerment. Examples can be observed in the<br />
existing Landowner Business Associations that are managed and operated by the community.<br />
Similarly the building of community infrastructure projects in agriculture, transport, fish farming,<br />
health and education and their eventual transfer to communities. For the future, <strong>ESAP</strong> suggests that<br />
assistance given after the transfer of assets should be subject to negotiation and agreement<br />
between the company and the community.<br />
Some communities visited from the Upper Watut, Middle Watut and Lower Watut areas have<br />
expressed concerns about the company perhaps because they:<br />
• Have been left out or overlooked in the compensation process;<br />
• Have different expectations from the benefit scheme provided by HVJV;<br />
• Want to see greater tangible infrastructure services such as feeder roads, health posts and<br />
classrooms in disadvantaged communities;<br />
• Lack the capability and capacity to organise communities to actively participate in spin off<br />
benefits from the mine;<br />
• Have made comparison of community benefits given to the communities along Watut River<br />
corridor to other mining operations in the country;<br />
• Experience unequal distribution of royalties between the male and female members of<br />
communities.<br />
It is <strong>ESAP</strong>’s view that such concerns have been raised and may continue to be raised because some<br />
sections of communities lack information and knowledge on future savings and want to remain<br />
passive recipients of benefits.<br />
5.3.2 Future Generation Fund<br />
To ensure future generation are considered beneficiaries of the mine, a fund has been established<br />
for the future generation of the landowners of the mine villages namely Nauti, Kuembu and Winima.<br />
This will help improve their livelihood, provide better health and education to the people and assist<br />
in alleviating poverty through economic development and business opportunities.<br />
<strong>ESAP</strong> acknowledges HVJV’s initiative in setting up the Benefit Share Agreement Trust launched<br />
recently to cater for the development needs of current landowners with an initial company<br />
contribution of K3 million and subsequent annual funding of K1.5 million thereafter. <strong>ESAP</strong> hopes that<br />
BSAT will continue to exist during the life of the mine.<br />
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The Hidden Valley Mine has, to date, provided over K37 million revenues in royalty and<br />
compensation. Furthermore, the company has provided assistance in health, education, water<br />
supply, aquaculture and agriculture to the affected communities. The company has also voluntarily<br />
provided infrastructure support in road construction and maintenance, bridge repairs, river training<br />
and foot bridges.<br />
Future Generation Fund (FGF)<br />
The intent of the FGF is to benefit the future generation of the Watut River communities. The FGF<br />
can be used as a source of funding, to fund requests from communities solely for the purposes for<br />
which the fund is designed for i.e. contributing to infrastructure, health and education needs of the<br />
beneficiaries.<br />
Depending on the level of funds and its sources of revenue, the objective of the FGF can include an<br />
investment portfolio where excess funds can be invested in businesses or commercial properties<br />
within PNG and internationally.<br />
This would depend entirely on the nature and structure of the revenue stream paid into the Fund.<br />
Clearly the contribution by HVJV cannot continue after the mine closure. Another source of revenue<br />
into FGF need to be identified and explored in order to ensure that the future generation of the<br />
Watut River Communities are taken care of by the mine.<br />
FGF Governance<br />
Like the BSAT, the FGF should be governed by a Board of Trustees that will need to achieve:<br />
• Governance and transparency in the administration of the Fund;<br />
• Accountability and reporting of the Fund’s activities;<br />
• Develop a system of equitable distribution of the funding.<br />
The FGF on the other hand would provide direct benefit to future Watut River generation by:<br />
• Improving the perception of HVJV as a caring miner;<br />
• Bonding the resource development link between HVJV and the people of Watut and Wafi<br />
resources area and <strong>Morobe</strong> Province;<br />
• Offering investor awareness of HVJV ‘s approach to its Corporate Social Responsibilities; and<br />
• Lessen concerns continually raised by Nakuwi and the Middle to Lower Watut River<br />
Communities.<br />
The FGF should not become a slush fund for future leaders. Any legislation drawn up to administer<br />
the future generations’ fund must be a constitutional law and not an Act of Parliament that could be<br />
changed overnight.<br />
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Figure 8:<br />
A Future Generation Fund will benefit children.<br />
5.3.3 Landowner Issues Management<br />
Like all resource development projects in PNG, there are a number of landowner issues associated<br />
with Hidden Valley. <strong>ESAP</strong> acknowledges that systems related to addressing landowner concerns have<br />
been established and are ongoing by HVJV. <strong>ESAP</strong> is satisfied with the progress to date but<br />
encourages continuous improvements.<br />
5.4 Mine closure and implications<br />
<strong>ESAP</strong> has noted indications by HVJV to prepare a Mine Closure Plan and views this particular piece of<br />
work as a critical undertaking.<br />
<strong>ESAP</strong> notes that Mine Closure Plans are generally left to the last minute. This was the case at Misima<br />
which was a huge concern for the community. <strong>ESAP</strong> has raised the need for a draft Mine Closure<br />
Plan over the past 12 months, and has been disappointed with the lack of traction by HVJV on this<br />
issue.<br />
6.0 Role of Government<br />
6.1. Responsibilities of Government<br />
The degree to which the country is able to optimize it’s socio-economic gains from mining is in large<br />
measure dependent on the quality of the national regulatory regime and on the ability of<br />
Government to effectively enforce the regime in the management of issues such as: environmental<br />
impact assessments, monitoring associated with waste management, impacts to biodiversity and<br />
habitat, social and community development, poverty alleviation, and benefit sharing/distribution<br />
associated with communities immediately impacted by the mine.<br />
<strong>ESAP</strong> has observed that a number of these Government responsibilities are being poorly carried out<br />
is the case of the Hidden Valley gold mine. Our key concerns are discussed below.<br />
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6.2 Ineffective mine monitoring by Government<br />
<strong>ESAP</strong> observed from the reports provided by HVJV so far, as well as <strong>ESAP</strong>’s own observations on-site,<br />
that the company is, in the main, complying with its permit conditions for the mine operations.<br />
<strong>ESAP</strong> has also observed with concern that, despite an adequate regulatory framework, there is<br />
clearly a lack of capacity on the part of Government to undertake effective monitoring to ensure the<br />
operation of the mine is within compliance of the standards prescribed in the agreement.<br />
<strong>ESAP</strong> observed that due to the lack of available resources for monitoring, the Government has<br />
tended to rely entirely on HVJV’s monitoring data, rather than conducting its own periodic site visits<br />
to determine compliance with standards set in the mine agreement.<br />
<strong>ESAP</strong> considers this situation to be unsatisfactory since there is potential that the independence of<br />
the Government scrutiny will be questioned.<br />
6.3 Slow feedback from Government on Environmental Permit Compliance queries<br />
<strong>ESAP</strong> noted that HVJV is complying with compliance requirements set by DEC under its permit.<br />
However, <strong>ESAP</strong> has also observed that there are noticeable variations between DEC and ANZECC or<br />
international water quality guidelines for the limits of various substances (particularly heavy metals)<br />
to ensure adequate environmental protection of rivers. For example, the allowable concentrations<br />
of copper and zinc under DEC permits are considerably higher than the accepted international<br />
concentrations. Additionally, in the case of cobalt the DEC permit concentrations are set lower than<br />
relevant international guidelines.<br />
<strong>ESAP</strong> understands that HVJV have made representation to DEC to have the compliance levels for<br />
cobalt reviewed, however feedback is still pending.<br />
<strong>ESAP</strong> also noted that the Sediment and Erosion Control Management Plan has been under review by<br />
the Department of Environment and Conservation since November <strong>2012</strong>.<br />
6.4 Ineffective Government oversight of the utilization of benefit flows from HVJV to impacted<br />
communities<br />
The activities undertaken by the company to date regarding compensation, infrastructure support<br />
for community development, and voluntary benefit schemes directed at affected landowners are all<br />
aimed at building a win/win relationship between the company, communities and Government.<br />
According to HVJV reports, as at June <strong>2012</strong> K37.6 million in royalties has been paid out. Of this<br />
figure, Landowners received K16.54 million, 6 Bulolo district LLG’s received K7.52 million and the<br />
<strong>Morobe</strong> Provincial Government received K13.54 million. In addition to the royalties, a further K4.1<br />
million was paid as compensation to 3,900 villagers for damages to gardens potentially caused by<br />
the mine operations.<br />
<strong>ESAP</strong> considers that Government assistance to landowner communities in the management of these<br />
benefits has not been effective. Of particular concern is the use of the Royalty payments by<br />
landowner groups for consumer items (e.g. alcohol), rather than investment in more productive<br />
activities (e.g. proper housing to raise living standards).<br />
<strong>ESAP</strong> recommends strongly that the Government immediately implements more effective<br />
mechanisms to assist landowner groups to manage funds more productively than is the case to date.<br />
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6.5 Ineffective Government oversight of the environmental destruction caused by alluvial gold<br />
miners along the Bulolo and Watut Rivers<br />
Additionally, <strong>ESAP</strong> has observed the environmental destruction that continues to take place through<br />
alluvial gold mining activities starting from Mt Kaindi in Wau and continuing down both the Bulolo<br />
and the Watut Rivers with what appears to be no Government mechanisms to monitor, control and<br />
regulate these activities which in some cases may be illegal. The Government is mandated under the<br />
Constitution to protect and ensure wise use of the natural resources and the environment in the<br />
interest of development and in trust for future generations.<br />
<strong>ESAP</strong> strongly recommends that, as much as, the government regulates and monitors the<br />
performance of HVJV, it should also play a more dominant role in, not only regulating and<br />
monitoring the environmental damage that is now occurring from alluvial mining, but also,<br />
educating the public in the importance of protecting the environment.<br />
7.0 <strong>ESAP</strong> Future Work plan<br />
7.1 General operations<br />
<strong>ESAP</strong> plans to meet four (4) times during the next 12 months.<br />
7.2 Environment<br />
Over the next 12 months, <strong>ESAP</strong> will:<br />
- Continue to work closely with HVJV technical staff in its role to provide expert advice to<br />
HVJV on priority environmental issues;<br />
- Seek to establish an initial technical workshop between <strong>ESAP</strong> and HVJV technical staff in<br />
Brisbane to resolve some of the outstanding issues with regard to environmental<br />
information and data sought by <strong>ESAP</strong>;<br />
- Seek to recommend commissioning of independent targeted reviews resulting from the<br />
above workshop outcomes; and<br />
- Seek to recommend commissioning of the development of an Environmental <strong>Report</strong> Card for<br />
the Watut River system.<br />
7.3 Social and Community<br />
Over the next 12 months, <strong>ESAP</strong> will:<br />
- Seek to recommend commissioning an independent review of existing baseline documents<br />
relating to social and community aspects (e.g. Tanorama and Findlayson reports);<br />
- Seek to recommend commissioning an independent review of infrastructure assistance<br />
provided by HVJV, including linkages into Government policy and partnerships;<br />
- Seek to recommend commissioning an independent review of the distribution of benefits<br />
resulting from the Hidden Valley mining operation;<br />
- Seek to further develop a Social and Community <strong>Report</strong> Card for the Watut River system.<br />
7.4 Communications<br />
Over the next 12 months, <strong>ESAP</strong> will seek to assist HVJV to develop a simple process on how best to<br />
communicate the impact of the mine on the communities of the Watut river Catchment area.<br />
There is an expectation for <strong>ESAP</strong> to be able to present the results of its analysis and assessment to<br />
HVJV and mine landowners and the Watut communities.<br />
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<strong>ESAP</strong> has undertaken to work towards developing an Environmental <strong>Report</strong> Card reporting on the<br />
condition of the Watut River System and the impacts of the HVJV mine on this environment; This<br />
<strong>Report</strong> Card is expected to be completed by the end of 2013.<br />
To ensure information sharing is improved between HVJV and <strong>ESAP</strong> to foster better understanding<br />
and appreciation of <strong>ESAP</strong>’s role in providing independent and impartial advice to HVJV, <strong>ESAP</strong> will<br />
seek to meet with HVJV annually. This forum will ensure outstanding queries or concerns raised by<br />
<strong>ESAP</strong> or HVJV over the course of the year can be discussed face to face and resolved.<br />
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APPENDIX 1 - <strong>ESAP</strong> BIO DATA<br />
Panel Members<br />
Chairman<br />
Sir Joseph J Tauvasa, KBE, MBA, MASc, BA (Econ & Policy) Dip. Public Admin<br />
Chairman, South Pacific Brewery Limited. Director New Britain Palm Oil Ltd. PNG’s Councillor ABAC<br />
(APEC Business Advisory Council). Former Roles included; Chairman - Air Niugini, Director Lihir Gold<br />
Limited, Director Westpac (PNG) Ltd and Member of the CRA Advisory Board in PNG. He also served<br />
as President of the Institute of National Affairs, President of the PNG Australia Business Council.<br />
Previous work experience included; General Manager Shell PNG Ltd, General Manager Air Niugini,<br />
Secretary, Department of Transport and Director, Civil Aviation.<br />
Professor Barry T Hart, AM, Dip App Chem, Dip Chem Eng, BSc(Hon), PhD, FRACI<br />
Panel Member with expertise in water quality management, aquatic ecology, environmental<br />
chemistry and ecological risk assessment. Prof Hart is currently a member of the Murray-Darling<br />
Basin Authority Board, and Chairs many scientific advisory committees in Australia [for further<br />
details see www.waterscience.com.au]<br />
Professor Simon Saulei, BSc (Hons. UPNG), MSc (Waterloo), PhD (Aberdeen)<br />
Panel Member who is the founding and current Director of PNG Forest Research Institute, Formerly<br />
the Dean, Centre for Research & Postgraduate Studies and Head of Biology Department at UPNG,<br />
Technical Advisor to the Government of PNG, Member of editorial committee to scientific journals<br />
and a member of various national, regional (Asia-Pacific) and international Scientific societies and<br />
committees.<br />
Professor Misty Baloiloi, CMG, BArch (UNITECH), MSc (UNSW), PhD (Monash), PNGIA<br />
Panel Member who was recently the Vice Chancellor of the PNG University of Technology in Lae,<br />
Papua New Guinea. Following a short stint in the industry as an architect and construction manager,<br />
he joined academia and spent 28 years at the University, 17 years as Chief Executive Officer.<br />
International engagements; National Point of Contact for UNESCO’s Regional Low Cost Housing<br />
Network, Member of the Board of Trustees of Plant Resources of South East Asia, and participant at<br />
the regional consultation on European Union Green paper on aid to the Pacific.<br />
Contributions to public policy making and governance: Member of UPNG, Vudal, Lae Technical<br />
College and UNITECH Councils, Member of Lae City Authority, Chairman of the Committee<br />
responsible for framing the national vision Kumul 2020, Member of the Transitional Committee for<br />
the newly elected Parliament,1997, Member of the PNG Vice Chancellors Committee, Member of<br />
the Public Sector Reform Advisory Group, Member of the Commission for Higher Education, Director<br />
of Cocoa and Coconut Extension Agency, Director of the National Analysis Testing Services, Director<br />
of University Development Company, Chairman of the Organizing Committee for National Leaders<br />
Summit in Lae, Independent Observer at the LNG Benefit Sharing Agreement Negotiations, and<br />
Strategic Technical Advisor to the Vision 2050 Committee. Awarded the Companion of the Order of<br />
St Michael & St George (CMG) in 1996 for services to higher education and state and an<br />
Independence Medal in 2002. He currently serves as a Director of the Cocoa Coconut Institute Board<br />
and is the Executive Director of Evilo Limited, a consultancy providing services in executive<br />
leadership training and coaching.<br />
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Ms Jean Kekedo, CSM, OBE, BA, Dip Public Admin, PPL, Certificate Community Development<br />
Panel Member who is consultant to the Chief Secretary to the PNG Government on the Royal Visit to<br />
PNG and as well as the Visit by the ARCHBISHOP OF CANTERBURY; and is Consultant to Hakau<br />
Investments Limited. She is Chairperson of 3J&R Limited and Member Women in Diplomatic Service.<br />
Ms Kekedo was formerly High Commissioner to the United Kingdom & Northern Ireland and<br />
Accredited Ambassador to Egypt, Israel and Zimbabwe, Chairperson of the Commonwealth Executive<br />
Committee Board of Governors, Chairperson of World Bank Funded `Targeted Community<br />
Development Programme’, Chairperson OK TEDI External Advisory Panel, Advisor on Community<br />
Awareness – BECIP(AusAID Funded), Managing Director PNG Forest Authority, Secretary Department<br />
of Civil Aviation, Ombudsman Commissioner, Deputy Secretary Department of Prime Minister &<br />
NEC, Director Office of Village Development, Provincial Community Development Officer. Jean is also<br />
a member of a number of charity, community and educational organisations in the country.<br />
Ms Freda Talao, LLB (UPNG), LLM (Bond) (PhD Scholar - UQ)<br />
Panel Member who serves as a Director - Bank of South Pacific Limited, Director - National Airports<br />
Corporation, Director and Chairperson - Airports City Development Limited: Previous Directorships:<br />
Director and Chair - Individual and Community Rights Advocacy Forum (ICRAF), Director - Mama<br />
Graun PNG Conservation Trust Fund, Director – Liklik Dinau Micro – Credit Trust Fund, Director - Civil<br />
Aviation Authority (CAA).<br />
Previous roles include Senior Legal Officer, Dept of Justice and Attorney General, Deputy Registrar<br />
National Court of PNG, Executive Director, PEACE Foundation Melanesia, Executive Officer Family<br />
and Sexual Violence Action Committee and Senior Development Practitioner, AusAID<br />
Secretary<br />
Mr Romias Waki, BSc (ECU); Dip - Econ Policy Analysis (NRI)<br />
Mr. Waki has a Bachelor of Science in Environmental Management from Edith Cowan University in<br />
Perth, Western Australia, and a Diploma in Economic Policy Analysis from the National Research<br />
Institute, Port Moresby. He worked for eight years with the Australian Agency for International<br />
Development from 2002 to 2010 reaching the position of Deputy Program Director before joining<br />
<strong>Morobe</strong> <strong>Mining</strong> <strong>Joint</strong> <strong>Venture</strong>’s Community and Regional Development Program as Manager from<br />
January to August 2011. He was appointed as the Secretary to the newly established External<br />
Stakeholder Advisory Panel in July 2011.<br />
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