Court Declares Mining Lease Over Isabel Customary Land Void

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The High Court has ruled on Friday last week that Mining Lease No. ML 01/2022, granted to Solomon Islands Resources Company Limited, is void in law, effectively halting mining operations on Suma Kolosori customary land in Isabel Province.

The ruling follows a legal challenge by Ethel Claudia Lency, a member of the Thavia Clan, who argued that the mining lease was issued in breach of key provisions of the Mines and Minerals Act (MMA) and the Land and Titles Act (LTA).

Lency argued that the lease was granted without the proper registration of the land and that the mining company began operations before fulfilling mandatory conditions outlined in the lease, including the completion of a feasibility study and the rectification of gaps identified by independent consultants.

Justice Maelyn Bird in her ruling noted that while the mining company had executed a Surface Access Rights Agreement (SARA) with landowners, this did not replace the legal requirement to register the lease under Section 39 of the MMA and Section 146 of the LTA. She cited previous Court of Appeal decisions, including the Sumitomo Case (2006) and Hiva v. Mindu (2009), emphasizing the protection of customary land under Solomon Islands law.

As a result, the High Court declared the mining lease null and void, meaning the company, along with other respondents including the Attorney General representing the Minister of Mines, are not legally permitted to conduct mining operations on the land. Costs were ordered against all respondents jointly and/or severally.

This landmark decision reinforces the legal protections for customary landowners in the Solomon Islands and underscores the importance of compliance with statutory requirements in mining operations.

The Independent Office has already welcomed the ruling as both timely and significant, particularly in light of the growing activity within Solomon Islands’ mining sector.

It commended the Court’s decision, noting that it reinforces the rule of law and provides much-needed clarity in the administration of mining leases and land rights in the country.