BY JOHN HOUANIHAU
The Law Reform Commission calls on the government to ensure greater legislative clarity in the proposed Mining Bill currently being discussed before the Bills & Legislation committee (BLC).
Speaking before the parliamentary Bills & Legislation committee (BLC), Mr Philip Kanairara, Chairman of the Law Reform Commission, said their submission aims to help sponsoring ministries strengthen the draft law to achieve better outcomes for the sector and the country.
He appeared before the Bills & Legislation Committee on Wednesday last week.
“Our views are simply to assist the sponsoring ministries, if they find them appropriate or relevant, to take them for further consideration. The idea is to ensure we have better laws and better bills before Parliament for enactment,” he said.
While reaffirming support for government policies and bills in the mining sector, Chairman Kanairara highlighted several areas within the proposed legislation that require refinement.
He further raised concerns over Clause Five and Clause Six of the Bill, which refer to the Petroleum Exploration Act and other related legislation.
Mr Kanairara said that their submission argued that subjecting the entire Bill to broad provisions of other Acts could create confusion or overlap in legal interpretation.
“If we are to subject this Bill to any Act, it is better to specify the particular parts or provisions. General references may result in unintended consequences, as other irrelevant sections of those Acts could apply,” he said.
He pointed out that the examples listed in Clause Six were not exhaustive and could potentially open the law to additional Acts not directly relevant to mining.
“Our position is simple: be specific. Subject the Bill only to certain provisions or sections that are directly relevant, so the law remains clear and effective,” Mr Kanairara, Chairman of the Law Reform Commission, said.
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