Mayur Renewables v Mirisim

COURT OR TRIBUNAL

Papua New Guinea National Court of Justice

DATE FILED (OR FIRST HEARING DATE)

14/12/2022

LITIGATION TYPE

Project Approval - Mitigation

SUBJECT MATTER

Other

REVIEW TYPE

Judicial review

SUMMARY

JUDICIAL REVIEW – Decision cancelling timber permits for development of carbon offset project – Enabling legislation - Forestry Act - Lacking specific provision – Objectives of Act include conservation and preservation of forests – Broad enough to cover carbon offsetting projects – Climate Change Emergency – usual approach to any other emergency applicable - Parties deciding in favour of project and agreeing to backfill the legislative void – Change in political leadership – Minister pro logging - Wrong provision used to cancel – Prescribed process not used– Plaintiff not accorded opportunity to be heard and heard before decision – Decision failing to consider Climate Change Emergency factors underpinning grant of Permits – No evidence of policy shift in favour of logging – No reasons given – Failure to take into account principles of environmental rule of law - Decision unreasonable – Review granted – Decision quashed and restraining orders issued.

CASE DOCUMENTS

Mayur Renewables v Mirisim [2024] PGNC 7