Home›Law Series›Mining Law
Mining Law
Under the Mining Act 1992, all minerals belong to the State — whoever owns the surface. Mining happens through tenements granted by the State, from an exploration licence up to a special mining lease, and the landholders are entitled to be consulted, compensated and paid royalties. Fifty questions and answers on how that works.
Section 5 of the Mining Act 1992 settles the question that underlies every mining dispute in Papua New Guinea: all minerals existing on, in or below the surface of any land are the property of the State. Everything else in mining law follows from that - the tenement system that licenses others to look for and take them, the rights landowners keep over the surface, the compensation payable for what they lose, and the royalties and agreements that distribute what is won.
Jump to a subject
31 questions and answers, grouped by subject.
- Who owns the minerals — 5 questions
- Mining tenements — 7 questions
- Applying for and holding a tenement — 6 questions
- Landowners and compensation — 5 questions
- Royalties, agreements and benefits — 2 questions
- Safety, environment and disputes — 6 questions
Who owns the minerals
State ownership of minerals, what the Mining Act covers, who administers it, and the institutions - the Minister, the Mineral Resources Authority and the Mining Advisory Council.
Who Owns the Minerals in Papua New Guinea?
Section 5 of the PNG Mining Act 1992: State ownership of minerals, what it means for customary landowners, the section 53 Constitution saving, and what landowners do keep.
Read the answer → No. 2What Does the Mining Act 1992 Cover?
An overview of the PNG Mining Act 1992: its ten Parts, what land is available for mining, the constitutional declaration, the Acts it repealed, and how it fits with environment and safety law.
Read the answer → No. 3Who Administers Mining Law in Papua New Guinea?
Part III of the PNG Mining Act 1992: the Mining Advisory Council and its membership, meetings and functions, the Registrar of Tenements, and the Wardens.
Read the answer → No. 4When Can Land Be Reserved From Mining?
Sections 6 to 8 of the PNG Mining Act 1992: land available for mining, the Minister's reservation power, the effect on pending applications, and consent for land reserved under other Acts.
Read the answer → No. 7What Is a Mining Development Contract?
Part IV of the PNG Mining Act 1992: the State's power to enter agreements, when the Minister may require a mining development contract, its effect, and the limits on what it can do.
Read the answer →Mining tenements
Exploration licences, mining leases, special mining leases, alluvial mining leases, leases for mining purposes and easements - what each allows and how long it lasts.
What Mining Tenements Are There?
The six tenements under the PNG Mining Act 1992 compared: who may hold each, the maximum term and area, what each authorises, and how they fit together.
Read the answer → No. 9What Is an Exploration Licence?
Division 1 of Part V of the PNG Mining Act 1992: the grant, term, area and relinquishment rules for an exploration licence, the rights it confers, expenditure requirements and the approved programme.
Read the answer → No. 10What Is a Special Mining Lease?
Division 2 of Part V of the PNG Mining Act 1992: the grant of a special mining lease, its 40-year term, the mining development contract prerequisite, applications and extension.
Read the answer → No. 12What Is an Alluvial Mining Lease?
Division 4 of Part V of the PNG Mining Act 1992: who may hold an alluvial mining lease, the area and depth limits, the rights conferred, the ban on transfer and consolidation, and the exploration licence holder's objection rights.
Read the answer → No. 13What Is a Lease for Mining Purposes?
Division 5 of Part V of the PNG Mining Act 1992: the grant of a lease for mining purposes, the six permitted purposes, term, area, the rights conferred, and the exploration licence holder's objection rights.
Read the answer → No. 14What Is a Mining Easement?
Division 6 of Part V of the PNG Mining Act 1992: the grant of a mining easement, the nine permitted facilities, area and term, rights conferred, and the Minister's duty where it crosses another tenement.
Read the answer → No. 15How Do Mining Tenements Interact With Each Other?
How tenements overlap under the PNG Mining Act 1992: sections 29 to 31, the excision and reversion rules, and the notice, objection and negotiation regime in sections 59 to 64, 75 to 79 and 90 to 95.
Read the answer →Applying for and holding a tenement
How to apply, the warden's hearing, grant and refusal, conditions, renewal, transfer, and forfeiture.
How Do I Apply for a Mining Tenement?
Division 1 of Part VI of the PNG Mining Act 1992: lodging an application, the preliminary examination, what the Registrar does next, the notice requirements, and the duties on grant.
Read the answer → No. 21What Happens at a Warden’s Hearing?
Section 108 of the PNG Mining Act 1992: the conduct of a Warden's hearing, the four mandatory steps, adjournments, the Warden's 14-day report, and how it feeds the Council's recommendation.
Read the answer → No. 23How Is a Mining Tenement Registered?
Division 2 of Part VI of the PNG Mining Act 1992: the Register of Tenements, registration and provisional registration, the effect of registration, and rectification of the Register.
Read the answer → No. 24Can I Transfer or Mortgage a Mining Tenement?
Sections 116 to 126 of the PNG Mining Act 1992: creating interests in writing, approval and registration of transfers, other instruments, mortgages, devolution, and the two prohibitions on dealings.
Read the answer → No. 25Can I Lodge a Caveat Over a Mining Tenement?
Division 3 of Part VI of the PNG Mining Act 1992: lodging a caveat over a tenement, what it must contain, the Registrar's duties, and how and when a caveat lapses.
Read the answer → No. 26How Does a Mining Tenement End?
Divisions 4 to 6 of Part VI of the PNG Mining Act 1992: consolidation of tenements, surrender in whole or part, cancellation for breach, expiry, and what happens to the security.
Read the answer →Landowners and compensation
Rights of access and entry, occupation fees, compensation for damage, agreements with landowners, and the protection of dwellings, gardens and sacred sites.
What Compensation Are Landowners Entitled To?
Section 154 of the PNG Mining Act 1992: the principles of compensation, the eight heads, economic tree values, what may never be paid for, and compensation for neighbouring land.
Read the answer → No. 28Can a Miner Enter My Land?
Section 155 of the PNG Mining Act 1992: the bar on entry until compensation is settled, what it covers, marking out and survey entry, and the separate right of entry for investigations.
Read the answer → No. 29How Is Mining Compensation Agreed?
Section 156 of the PNG Mining Act 1992: the compensation agreement procedure, the Chief Warden's review, registration by the Registrar, and the binding effect under section 159.
Read the answer → No. 31What Happens to Mining Compensation When Ownership Is Disputed?
Sections 4 and 160 of the PNG Mining Act 1992: land disputes and tenements, determination of compensation where ownership is contested, the statutory trust, and the Land Disputes Settlement Act.
Read the answer → No. 34What Say Do Landowners Have in a Mining Project?
A practical map of where landowners can be heard about a mining project in PNG: objections, the Warden's hearing, the development forum, compensation, and environmental public review.
Read the answer →Royalties, agreements and benefits
Royalty, the development forum, memoranda of agreement, equity entitlements, and the distribution of benefits.
What Royalties Are Payable, and Who Gets Them?
Section 148 of the PNG Mining Act 1992 and the royalty regime: what royalty is, how it differs from compensation, the prohibition in section 154(4), and where royalty fits alongside the development forum.
Read the answer → No. 41What Happens to Mineral Data and Drill Cores?
Sections 5A, 161 and 162 of the PNG Mining Act 1992: the mineral and geological data repository, the central monitoring hub, the power to require information, and the preservation of cores.
Read the answer →Safety, environment and disputes
Mine safety, the interaction with the Environment Act, wardens' courts, appeals, offences, and the settlement of disputes.
How Does the Mining Act Work With Environment Law?
How the PNG Mining Act 1992 and Environment Act 2000 fit together: the two approval streams, preparatory work, referral, the two compensation regimes, and the two securities.
Read the answer → No. 44Who Is Responsible for Mine Safety?
How mine safety is regulated in PNG: the Mining (Safety) Act (Chapter 195A), the safety conditions built into every tenement, inspectors, and the employment and environment provisions that apply alongside.
Read the answer → No. 45What Offences Does the Mining Act Create?
Sections 167 and 168 of the PNG Mining Act 1992: the eight offences, the power to stop unauthorised mining, rehabilitation orders on conviction, the general penalty, and the liability of company officers.
Read the answer → No. 48Can I Appeal a Mining Decision?
Review and appeal under the PNG Mining Act 1992: the section 158 compensation appeal, the absence of a merits appeal on grant, judicial review, and the separate Environment Act review.
Read the answer → No. 49What Happened to Mining Titles Granted Before 1992?
Part X of the PNG Mining Act 1992: the saving and transitional provisions, conversion of old titles, preservation of existing agreements, pending proceedings, and old mortgages and compensation agreements.
Read the answer → No. 50What Should a Landowner Group Do When a Miner Arrives?
A practical guide for landowner groups in PNG: organising, recording, objecting, the Warden's hearing, compensation, the environment process, and the traps to avoid.
Read the answer →Acts are amended, and figures and time limits change. Every article names the sections it relies on so you can read them. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.