Saonu v Mori
COURT OR TRIBUNAL
Papua New Guinea National Court of Justice
DATE FILED (OR FIRST HEARING DATE)
10/09/2021
LITIGATION TYPE
Project Approval - Mitigation
SUBJECT MATTER
Other
REVIEW TYPE
Judicial review
SUMMARY
PRACTICE & PROCEDURE – Application for stay of decision pending substantive judicial review – relevant principles – principles governing interim injunction applications and stay pending appeal appropriate – combination of – Applicant meeting all requirements – Stay granted. CLIMATE CHANGE – relevant facts – climate change, global warming and consequential effects – contributing factors - only point of focus discussion and action required – mitigation and adaptation – impact of human activity – mining activities – Environment Act 2000 - its objects and purpose – protection of the environment – duties of managing director of Conservation and Environment Protection Authority (CEPA) and relevant minister of state – object and purpose of the Environment Act needs to be upheld – serious question raised – stay of decision approving environment impact statement and the subsequent grant of environment permit. STATUTORY INTERPRETATION – Environment Act 2000 – amendments to – grant of environment permits based on environment impact statement (EIS) – review and consultation on EIS – key factors and requirements – arguable case for determination at substantive hearing – stay of decisions to accept the EIS and grant of environment permit warranted and granted – Constitution s. 255 – Organic Law on Provincial and Local-level Governments ss. 115 and 116, and Environment Act ss. 51, 53. 54, 55, 63, 65, 66, 133, Environment Act (Amendments) 2014, s. 24 and Environment (Permits) Regulations 2002, s. 16
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