On December 18, 2020, the Managing Director of the Conservation and Environmental Protection Authority issued an environmental permit for the Wafi-Golpu Mining Project as a precondition for the issuance of a special mining lease. On XX, the plaintiffs - the Morobe Provincial Government on its own behalf and on behalf of the people of Morobe - applied for a stay of the permit arguing that there was no proper review and consultation as required in the constitution and that the decisions were unreasonable as they would create irreparable environmental damages. The defendants argued for a dismissal of the application for stay. 

On September 20, 2021, the judge granted the application for stay. The judge held that the plaintiffs and other members of the public were denied natural justice as the Minister failed to provide fully the information required and in easily understandable language or incorporate the matters raised in consultations or review meetings. The defendants failed to consider the climate change goals that informed the adoption of the Environment Act when issuing the permit. There was a risk of irreparable damage as the defendants failed to demonstrate how the environmental impact assessment and the permit meet the requirements of the Act. Furthermore, the permit was granted for 50 years, 20 years more than the estimate life of a mine of 30 years. Noting the global impacts of greenhouse gas emissions, the judge noted that the parties did not provide any information on whether the environmental impact assessment factors levels of CO2 emissions and impacts on local and global environment and proposed measures to minimize such emissions. As part of an EIA analysis, the court noted that the assessment should include a question on "What  climate  change  related  risks  have  been  identified  and  what adaption and mitigation programs if any have been built into the EIS and  the  deep sea tailings placement (DSTP)  and  how  will  that  be  monitored  and  reviewed  and enforced?" The judge thus issued an order of stay of the two decisions pending a hearing and determination of the substantive review.

Saonu and Morobe Provincial Government v. Minster for Environment and Conservation and Climate Change and Others

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Saonu and Morobe Provincial Government v. Minster for Environment and Conservation and Climate Change and Others - decision

Filed

On December 18, 2020, the Managing Director of the Conservation and Environmental Protection Authority issued an environmental permit for the Wafi-Golpu Mining Project as a precondition for the issuance of a special mining lease. On XX, the plaintiffs - the Morobe Provincial Government on its own behalf and on behalf of the people of Morobe - applied for a stay of the permit arguing that there was no proper review and consultation as required in the constitution and that the decisions were unreasonable as they would create irreparable environmental damages. The defendants argued for a dismissal of the application for stay. 

On September 20, 2021, the judge granted the application for stay. The judge held that the plaintiffs and other members of the public were denied natural justice as the Minister failed to provide fully the information required and in easily understandable language or incorporate the matters raised in consultations or review meetings. The defendants failed to consider the climate change goals that informed the adoption of the Environment Act when issuing the permit. There was a risk of irreparable damage as the defendants failed to demonstrate how the environmental impact assessment and the permit meet the requirements of the Act. Furthermore, the permit was granted for 50 years, 20 years more than the estimate life of a mine of 30 years. Noting the global impacts of greenhouse gas emissions, the judge noted that the parties did not provide any information on whether the environmental impact assessment factors levels of CO2 emissions and impacts on local and global environment and proposed measures to minimize such emissions. As part of an EIA analysis, the court noted that the assessment should include a question on "What  climate  change  related  risks  have  been  identified  and  what adaption and mitigation programs if any have been built into the EIS and  the  deep sea tailings placement (DSTP)  and  how  will  that  be  monitored  and  reviewed  and enforced?" The judge thus issued an order of stay of the two decisions pending a hearing and determination of the substantive review. 

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

The activities of industries that transforms raw materials into finished goods through industrial processes.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Saonu and Morobe Provincial Government v. Minster for Environment and Conservation and Climate Change and Others - decision

Policy instrument

Risk

Impacted group

Just transition

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance