Import & Export Tari.. - PNG Customs Service

PART IV.- EXEMPTION FROM AND REDUCTION OF IMPORT OF DUTY9. EXEMPTION FROM AND REDUCTION OF IMPORT DUTY(1) The Head of State, acting on advice, may by notice in the National Gazette-(a) exempt from import duty any goods other than goods imported in relation to a commercialproject otherwise subject to import duty under this Act; or(b) substitute a reduced rate of import duty in respect of any goods subject to import duty underthis Act for that specified in Schedule 1 in respect of those goods.(2) An exemption from or a reduced rate of import duty under Subsection (1) -(a) may relate to -(i) any class of goods; or(ii) any goods or class of goods imported for a purpose specified in the notice; and(b)(c)may further be subject to compliance with any conditions as are specified in the notice; andshall continue in force for such period as is specified in the notice or until the revocation ofsuch notice by a subsequent notice.(3) For the purpose of Subsection (1) (a) “commercial project” means a project intended to be operated soas to make a profit.9AEXEMPTION FOR RAMU NICKEL PROJECT.(1) In this Section –“Mining Development Contract – Ramu Nickel Project” means the Mining DevelopmentContract – Ramu Nickel Project that was signed on 26 July 2000 by the Independent State ofPapua New Guinea, Ramu Nickel Limited and Orogen Minerals (Ramu) Limited as amendedby the Mining Development Contract Amendment Agreement Ramu Nickel Project that wassigned on 10 August 2006 by the Independent State of Papua New Guinea, MCC Ramu NiCoLtd, Ramu Nickel Limited, Mineral Resources Ramu Limited and Mineral Resources MadangLimited.“commencement of the tax holiday”, “consumables”, “contractor” “joint venturer”, “manager”, and“project” have the same meanings respectively as in the Mining Development Contract –Ramu Nickel Project;“Schedule II” means Schedule II of the Mining Development Contract – Ramu Nickel Project;“Schedule III” means Schedule III of the Mining Development Contract – Ramu Nickel Project;(2) Subject to subsections (3) and (4), the following goods are exempt from customs duty:(a) for the life of the project, all hydrocarbons products to be used or consumed as fuel for theproject’s powerhouse including without limitation, heavy oils, bunker C oils, furnace oils anddiesel; and(b) all goods and consumables to be used or consumed for or by the project and which are imported byor on behalf of the joint venturers or any of them or by the manager prior to the fifth anniversary ofthe commencement of the tax holiday.(3) This section does not apply in respect of goods and consumables specified in Schedule II.(4) The exemption under subsection (1) applies and extends to goods and consumables to be used or consumedfor the project which are imported by the manager or by any contractor provided that the requirements ofSchedule III are first satisfied whenever the benefit of the provision is claimed.”9BEXEMPTION FOR PNG LNG GAS PROJECT.(1) In this Section –“Affiliate” has the meaning given in the PNG LNG Gas Agreement;“LNG Project” has the meaning given in the PNG LNG Gas Agreement;“LNG Project Company” has the meaning given in the PNG LNG Gas Agreement;“LNG Project Petroleum” has the meaning given in the PNG LNG Gas Agreement;“PNG LNG Gas Agreement” means the PNG LNG Gas Agreement dated 22 May 2008 betweenIndependent State of Papua New Guinea and each of Esso Highlands Limited, Esso PNG JuhaLimited, Ampolex (Papua New Guinea) Limited, Ampolex (PNG Petroleum), Inc.,Ampolex (Highlands) Limited, Oil Search Limited, Oil Search (PNG) Limited, Oil Search(Tumbudu) Limited, Merlin Petroleum Company, Merlin Pacific Oil Company Limited,Santos Hides Ltd, Lavana Limited, AGL Gas Developments (PNG) Pty Limited, PetroleumResources Kutubu Limited, Petroleum Resources Gobe Limited and Eda Oil Limited, asamended, novated or replaced from time to time;