Press Release - Public Notice

Wednesday, 12th May 2010

GOBE PETROLEUM PROJECT AREA INCORPORATED LAND GROUP (ILG) CREDITORS (PUBLIC NOTICE)

This notice is intended for all Creditors who are owed monies for goods and services allegedly rendered to various Incorporated Land Groups (“ILGs”) and their Chairmen, Deputy Chairmen and members of Executives and other beneficiaries who are from the Gobe Petroleum Project Area.

Mineral Resources Development Company Limited (“MRDC”) has noticed the resurfacing of the Gobe Creditors issue in Port Moresby and wish to inform the public of such misleading information by placing the advertisement in the newspapers.

Whilst MRDC acknowledges that the issue of Creditors is a sensitive matter, legally MRDC is not obligated to apply trust monies or funds to settle debts owed by those ILGs, their Chairmen, Deputy Chairmen, members of Executives of those ILGs and any other beneficiary. MRDC is mandated by law which is through the Oil & Gas Act and the Trust Deed for Gobe to pay any trust monies or funds that is legally available, directly to the beneficiaries via their ILGs. It is up to the ILGs to then disburse those funds to their beneficiaries, and where the Constitution of the relevant ILG allows for it, to authorise for payment of other persons and creditors. MRDC cannot breach the law and the terms of the Trust Deed to directly settle any creditors.

In addition, in 2005 the Supreme Court decision in SC 805 – Dumal Dibiaso ILG & Ors vs Kola Kuma & Ors ( 3 November 2005) puts this issue to rest once and for all with regards to disbursements of Trust monies and how a Trustee is to behave in handling trust monies. MRDC is clearly bound by the decision of the Supreme Court. All Creditors are asked to seek independent legal advice on the effect of the above Supreme Court decision.

Therefore all Creditors are advised to take note of the following:
  • MRDC will not deal with, entertain nor enter into any dialogue with Creditors from the date of this notice.
  • There are no funds legally available to settle any Creditors claims.
  • MRDC only manages Trust monies or funds for the beneficiaries of the Gobe Petroleum Project Area and is not mandated to pay or settle any Creditors who are owed monies by the ILGs, their Chairmen, Deputy Chairmen and other Executives of those ILGs. MRDC is only mandated to pay Trust monies or funds (i.e. Royalty and Equity) lawfully available to the beneficiaries and it is up to the beneficiaries to settle their debts, whether as a group or individually.
  • All Creditors are at liberty to pursue their claims in the normal or usual way against those ILG’s', their Chairmen, Deputy Chairmen and other Executives and members of those ILG's who owe you monies.
Jointly Authorised by:

Mr. Simon Tosali
Secretary Department of Treasury & Chairman MRDC Board

Mr Rendle Rimua
Secretary
Department of Petroleum & Energy

Mr Philip Kende
Chairman
Gobe Leadership Committee & Board of Petroleum Resources Gobe

Mr Augustine S Mano
Managing Director & CEO
Mineral Resources Development Corporation Ltd