The participants at Day Two of the 2026 PNG Resource Week in Port Moresby city, were given clarification on the difference of land disputes and mineral owners and how this matter is dealt with in the Mining Act.
Mr. Philip Samar, the Senior Advisor to K92 Mining Inc., who has a vast experience in the country’ mining sector, explained the matter to the guests during the morning session on the Lessons from Landowner Identification & Benefit Sharing.
Speaking at the panel, he began by plainly stating that the State owns all minerals as per the Mining Act.
“First and foremost, under the mining act section (5), minerals are the property of the state,” he said.
“So, all minerals existing on, in or below the surface of any land in Papua New Guinea including any minerals contained in any water laying in any land in Papua New Guinea, are the property of the State. State owns the minerals; on, in and below.”
So, when it comes to Social Mapping and Landowner Identification exercises in the mining sector, any disputes between landholders do not come under the mining act. Mr. Samar said any issues with land disputes will be taken outside the mining act as it does not concern it.
“Section (4) says where a dispute arises as to the interest of customary land or the position of boundaries, such disputes shall not affect the process in the mining act.”
This can be settled under the Land Disputed Settlement Act, but not under the mining legislation.
So as far as the social mapping goes, this is as far as it can get when there is a dispute. It will be registered but the matter is dealt outside the mining act, allowing the process to continue in the mineral exploration of the land.
This matter continues to be experienced in many parts of the country and the explanation hopes to drive a better understanding of this issue and what’s involved in addressing it.
