Mining Warden Legal Action

Summary

A Writ of Mandamus can compel a Mining Warden to act on unresolved grievances. Under the Mining Act 1992 and Environmental Act 2000, the Warden and CEPA have obligations to investigate complaints and enforce compliance. International principles, like the UN Guiding Principles on Business and Human Rights, support these actions. Consider seeking legal advice to draft a Writ of Summons, outlining the facts, legal basis, and relief sought. Past cases, such as Ok Tedi Mining Ltd. Vs. Papua New Guinea, highlight potential outcomes. Compensation categories include property damage, health damages, economic losses, emotional distress, and punitive damages. Percentages vary by case specifics.

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yes please. i would love that thankyou
It seems you have a strong case to compel the Mining Warden through a Writ of Mandamus. Here is a brief outline for drafting your Writ of Summons:
- Heading: Include the court name, parties involved, and case number.
- Introduction: State your name and your interest in the matter.
- Facts: Outline the history of your grievance, the decision made 20 years ago, and the lack of action by the Mining Warden and CEPA.
- Legal Basis: Cite the relevant laws and regulations that obligate the Mining Warden to act.
- Relief Sought: Clearly state that you are seeking an order compelling the Mining Warden to perform their duties as directed by the Prime Minister and as required by law.
- Verification: Sign and date the document, affirming that the information provided is true to the best of your knowledge.
Would you like a more detailed template for each section?
Thankyou very much... can you please tell me what my legal basis is, and cite the relevant Papua New Guinea or international Law and industry best practice and case law for my Mandamus case?
Case Rating: *.
Sure, here is the legal basis and relevant laws for your Mandamus case:
Legal Basis for Writ of Mandamus:
Papua New Guinea Laws:
- Mining Act *: Obligations of the Mining Warden in handling complaints and ensuring compliance.
- Environmental Act *: Responsibilities of CEPA in environmental protection and enforcement.
International Best Practices:
- United Nations Guiding Principles on Business and Human Rights: Responsibilities of companies to prevent, mitigate, and remedy environmental damage.
- Principle * of the Rio Declaration on Environment and Development: Public participation in environmental issues and access to justice.
Would you like a detailed template for each section of the Writ of Summons?
yes please. would you help me with a detailed template for each of the sections of the WRIT OF SUMMONS for the Mandamus Order?
Sure, here's a detailed template for each section of the Writ of Summons for the Mandamus Order:
Writ of Summons Template
Heading
```
IN THE NATIONAL COURT OF JUSTICE
AT THE NATIONAL CAPITAL DISTRICT
Case No.: [Insert Case Number]
BETWEEN:
[Your Name]
Plaintiff
AND:
[Mining Warden's Name]
Defendant
AND:
Conservation and Environment Protection Authority (CEPA)
Defendant
```
Introduction
```
*. My name is [Your Name], and I am a resident of Porgera, Enga Province, Papua New Guinea. My tribal land has been adversely affected by the actions of BARRICK NIUGINI Ltd.
```
Facts
```
*. In *, I lodged a complaint with the Mining Warden regarding the destruction of my tribal land by mine waste and tailings from BARRICK NIUGINI Ltd.
*. The Mining Warden handed down a decision that the Mining Company should investigate my complaint and pay any compensation due.
*. Despite numerous follow-ups over 20 years, the Mining Warden and CEPA have failed to take any action to enforce this decision.
*. In2019, the Prime Minister directed CEPA to collaborate with the Mining Warden to address my complaint, but no action has been taken.
```
Legal Basis
```
*. The Mining Warden is obligated under the Mining Act * to handle complaints and ensure compliance.
*. CEPA is responsible under the Environmental Act * for environmental protection and enforcement.
*. Internationally, the United Nations Guiding Principles on Business and Human Rights and Principle * of the Rio Declaration on Environment and Development outline the responsibilities of companies and authorities in preventing, mitigating, and remedying environmental damage.
```