Toksave - Allens PNG Monthly Regulatory Update - May 2021

Allens PNG

PNG regulatory update: Twinza suspends Pasca A offshore operations; public consultation on new Digital Transformation Bill commences; Parliament adjourned to August 2021; and other developments

Extractive industries

  Twinza stands down Pasca A offshore operations in PNG
Twinza Oil Limited has reduced its discovery operations in the Pasca A offshore project in PNG, following the Government's proposal it be given a 6% product levy before signing the gas agreement. This follows the PNG Government's most recent agreement with Barrick Gold, to allow PNG stakeholders to take up to 53% of the economic benefits from the Pogera mine, which seems to be an indication of the Government's approach in taking up a larger role in both current and future projects of PNG's extractive industries. The gas agreement between Twinza and the PNG Government was to have been signed on 20 April 2021; however, due to the Government's new proposal, it was not, as the parties continue to renegotiate the terms.
 

ICT and telecommunications

  Public consultation commences on new Digital Transformation Bill 2021
The Department of Information and Communications Technology (Dept of ICT) has commenced public consultation on the proposed Digital Transformation Bill 2021. According to the Dept of ICT, the new Bill will streamline the provision of digital services and infrastructure within the public service. It proposes, among other things, the establishment of a national secured information exchange platform for secure data sharing among public bodies, as well as prescribing its own set of civil and criminal penalties for non compliance.
 

Competition and consumer protection

  ICCC commences review of Kina's proposed acquisition of Westpac PNG
PNG's competition and consumer regulator, the Independent Consumer and Competition Commission (ICCC), has commenced its competition assessment of the proposed acquisition of Westpac Bank PNG Limited by Kina Securities Limited. The ICCC is expected to complete, and release, its final determination of the proposed acquisition in June 2021.
 

Certification and commencement of new legislation

  National Energy Authority and Electricity Industry Act Amendment Bills passed
The PNG Parliament has passed the National Energy Authority and Electricity Industry Act Amendment Bills 2020. The Minister for Energy and Rural Infrastructure, Saki Soloma, stated that the two Bills would improve the regulation of electricity standards within the electricity industry. It seems that they also assume most of the licensing and regulatory functions performed by the ICCC under the current Electricity Industry Act, which would see current electricity licence holders impacted by these new amendments.
 

News & other developments

  PNG Parliament adjourned to 10 August 2021
On 21 April 2021, members of the PNG Parliament voted to adjourn sitting sessions to 10 August 2021. In adjourning Parliament, Prime Minister James Marape cited concerns about the growing threat posed by Covid-19, after several parliamentary staff tested positive for the virus.

PNG Business Council concerned about Government's SME rescue package
The Executive Director of the Business Council of PNG, Douveri Henao, has raised concerns about the lack of assistance from the Government to PNG businesses. Mr Henao stated that, since March 2020, the PNG Government has not provided any clear economic recovery package to support businesses impacted by Covid-19.

Constitutional and Law Reform Commission commences inquiry on declaration of PNG as a Christian country
The Constitutional and Law Reform Commission (CLRC) has begun its inquiry on amending the Constitution to declare PNG a Christian country. Prime Minister James Marape, when launching the inquiry, stated that PNG has acknowledged God and Christianity as the basis of the Constitution. This may impact PNG's stance on eg reproductive rights, LGBT groups and various PNG customary traditions. The inquiry started on 28 April 2021, with the CLRC to publish its findings at the end of May 2021.

New Allens appointment
We are delighted to announce Dakan Doiwa has been appointed Senior Litigation Counsel at Allens' Port Moresby office.
 
 

For more information please contact our team below or visit our PNG page on the Allens website.

Richard Kriedemann

Partner

Sarah Kuman

Partner

Emmanuel Auru

Senior Associate

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Allens PNG

Allens is a leading international law firm with a long and proud heritage of shaping the future for our clients, our people and the communities in which we work.

From playing a pioneering role in the development of legislation and regulatory frameworks in the Asia region for almost 200 years, to acting on numerous 'firsts' across a range of industry and community issues, it is in our DNA to make a difference and help shape what our world looks like.

Over this time, we've grown in scale and reach, today offering clients a global network of 40 offices in 28 locations through our global alliance with Linklaters.

We are privileged to hold some of the world's longest ongoing client relationships, stretching back more than 170 years, and we're committed to bringing our talent, expertise and insights to continue solving their toughest problems and creating ways forward to help them thrive. New and exciting market entrants sit alongside these established companies in our client base, drawn to working with us through the innovative re-packaging of our services for the growing and fast paced start-up market.

 

Papua New Guinea has enjoyed high economic growth in recent years and continued foreign demand for PNG's commodities has positive implications for the country's broader future development.

The current government has embarked upon a wide range of reforms and initiatives, including the establishment of an Independent Commission Against Corruption and a review of taxation, particularly resource project taxation.

We practice local and international law and represent many Papua New Guinean, foreign and multinational companies on their investments and business interests, both in PNG and overseas. Our lawyers from PNG and Australia have extensive local and international experience.

We are experienced in energy, resources and infrastructure; corporate and commercial; banking and finance; international trade; privatisation; litigation and dispute resolution; foreign direct investment; employment law; project finance; and capital markets.

Our work in PNG has included acting on some of PNG's most important resources projects and commercial transactions. This experience is complemented by our close relationships with government and regulatory authorities.

We have unparalleled knowledge of PNG's business environment, developed over decades of advising PNG's key industry participants and new entrants to this emerging market.

We have extensive experience working with the PNG Government on a number of reform projects and have deep knowledge of PNG's legislative process, having been involved in the formulation, drafting and passage of a variety of PNG statutes.

 

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Tags

  • Competition
  • Consumer Protection and Product Liability
  • Internet & Social Media
  • Mining & Natural Resources
  • Telecommunications & Post
  • Energy, Electricity, Oil & Gas
  • Competition & Anti-Trust
  • Pandemics ( Coronavirus )
  • Papua New Guinea
  • Information Technology

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