Legal Framework
From The Report: Papua New Guinea 2014
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This chapter examines the legal framework related to doing business or investing in Papua New Guinea. It also features a viewpoint from Stephen Lewin, Partner, Leahy Lewin Nutley Sullivan Lawyers, on the laws surrounding customary land in PNG.

Articles from this Chapter

Overview

Laws on the books promote investment and ensure regulation
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Governments & Their Powers There are three levels of government in Papua New Guinea, the national, provincial and local governments. The Constitution and the Organic Law on Provincial Government and Local Level Government (Organic Law) regulate the law-making powers of the national, provincial and local-level governments. Each level has its own distinct law-making powers. The law-making powers of the national Parliament are covered in section 41 of the Organic Law; the law-making powers of…

Analysis

Regulating climate change: A new authority to keep tabs on the energy sector
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Papua New Guinea has taken on a global role in developing policies on climate change, most notably through the successful lobbying to gain recognition for avoided deforestation credits through the UN initiative on Reducing Emissions from Deforestation and forest Degradation (REDD), specifically REDD+ arrangements and via active participation in the Coalition of Rainforest Nations. Most recently, in February 2013, the Office of Climate Change and Development released a draft climate change policy…

Viewpoint

Stephen Lewin, Partner, Leahy Lewin Nutley Sullivan Lawyers, on the law relating to customary land
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Approximately 95% of land in Papua New Guinea is known as customary land. Section 132 of the Land Act 1996 (Act) provides that, subject to Sections 10 and 11, a customary landowner has no power to sell, lease, charge or otherwise dispose of customary land or customary rights other than to citizens in accordance with custom. A contract or agreement made by a customary landowner that is not in accordance with custom is void. Section 10 of the Act allows the Minister for Land and Physical Planning to…