CONTENTS
- Vision
- Functions
and Roles
- Membership
- PEAK Secretariat
- Issues
Consideration
- Decision
Making Process
- External
Reporting
- Review
- Administration
1.0 VISION:
“Promoting
a Better Future”
1.1 PEAK Association
Inc is an independent association which seeks to ensure that
long-term, sustainable development outcomes arise from the
activities of the Porgera gold mine in Enga Province, PNG (the
Mine), and that these outcomes are consistent with international
best practice in social, economic and environmental terms.
1.2 Through
providing advisory, information brokering and review services,
PEAK adds value to the interests of the directly affected
communities, the Porgera Joint Venture (PJV), which owns
and manages the mine, other parties involved in sustainable
development in the region, and other significant stakeholders.
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2.0
FUNCTIONS AND ROLES
2.1 The
major roles of PEAK fall into three main areas: review and
evaluation, advisory services, and information brokering
and communication. Specific
functions will change through time. However, for the
years 2005-8, the activities of PEAK will focus on the following
areas:
a) Review and Evaluate:
- Provide an independent review of
the sustainability process, including the scope of
recommendations and proposals arising from the Porgera
Mine Closure and Sustainability Plan.
- Monitor implementation and compliance with
any formalized or understood requirements arising from the
above, in terms of the social, economic and environmental
performance of PJV and other parties.
- Review Mine closure or sustainable
development issues raised by external stakeholders
for consideration by PJV and other parties.
b) Advisory services:
- Identify key issues in
each of the areas of social, economic and environmental
programs and impact. Where appropriate commission studies using
external experts and institutions.
- Provide advisory services to
all major stakeholders – in particular to communities,
PJV, and the Government. Advice will be drawn from
the expertise of the PEAK membership, from material held
in the knowledge bank, as well as from commissioned studies.
- Provide inputs into mine closure
planning and implementation
c) Information
brokering and communication:
- Compile a knowledge bank and
serve as a clearing-house for information on topics relevant
to sustainable development and environmental management in
the target region as a service to a wide range of stakeholders
and clients, locally, nationally and internationally. This
could include maintenance of a website, a library of relevant
documents, a register of expertise and aggregation of other
relevant information (including case studies of good practice
from elsewhere in PNG and internationally).
- Act as a conduit for communication of
relevant information: i) to the target communities in Porgera,
and from these communities to other stakeholders; and ii)
to external national and international constituencies.
- Where appropriate, assist in facilitating
effective partnerships, particularly in regard to
assisting with linkages and networks between potential
partners, brokering capacity building or support to community-level
organizations engaged in partnerships, independent monitoring
of partner contributions, and assessment of impact.
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3.0 MEMBERSHIP
3.1 PEAK
is a largely independent skill base body, and its composition
will reflect its requirements in terms of the resources needed
for it to carry out its vision and roles. However,
it is intended that membership of PEAK will reflect a balance
of representation from the communities, from the private
sector, government and civil society organizations, as well
as a balance of relevant expertise in the social, economic
and environmental aspects of sustainable development.
3.2 PEAK shall have
a total membership not exceeding 16 comprising the following:
- 1 Chairperson
- 6 members representing key institutions,
including:
- 3
PNG Government Representatives (Department of Mining,
Department of Environment & Conservation
and Department of National Planning)
- 1 PJV, 1 PDN
- 1
Porgera District Women’s
Association
- Up to 9 members who bring to
PEAK individual specialist expertise, knowledge or networks
of relevance to its work, and which include:
- At least one member who comes
from the Porgera communities
- At least two members with experience
in NGOs or civil-society institutions
- Specialists from any organization
with expertise relevant to sustainable development,
and representing a balance of social, economic and
environmental backgrounds
3.3 In the case of the
5 members representing specific groups, the Chairperson will
invite each of the member groups to nominate in writing an
individual to represent them in PEAK.
3.4 A member group may
withdraw its nominee from PEAK at any time by written notification
to the Chairperson; however, the member group shall be expected
to nominate a replacement at the same time.
3.5 A member group may
also nominate, in writing to the Chairperson, an alternate
to participate in PEAK activities should their primary nominee
be unable to attend PEAK meetings.
3.6 Remaining members
selected in an individual capacity would be selected by consensus
of the full current committee, following nomination and seconding
by any current PEAK members, and respecting the balances outlined
in 3.1 and 3.2.
3.7 The
Chairperson would be elected by a majority of the current
committee. PEAK
members representing PJV or PDN would not be eligible to stand
as Chairperson.
3.8 The position of
Chairperson shall be a three-year appointment, which can be
extended with the agreement of all PEAK members.
3.9 The Chairperson
may elect to stand down at any point during the term of his
or her appointment.
3.10 All
other members of the Komiti shall hold office for a three-year
period, after which all current members will retire from
office and 50% of the member’s will offer their services
for a one-term extension for the ensuing year.
3.11 In
the event that an individual or member group fails to participate
without apologies to the Chairperson of PEAK for two consecutive
meetings, the Chairperson, with the agreement of the remaining
members, may terminate that member’s appointment to
the Komiti and approach an alternate group seeking their
nomination of an individual to join PEAK to replace the non-attending
member.
3.12 In addition to
PEAK members, other parties may be invited to serve on PEAK
on a temporary, non-voting basis to strengthen its response
to particular issues.
3.13 The PJV shall fund
the involvement of all PEAK members (as required) covering
travel and accommodation at PEAK meetings.
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4.0 PEAK
EXECUTIVE OFFICER
4.1 PEAK will be supported
by an Executive Officer with the role of:
- Supporting PEAK meetings, including
convening, preparing materials, reporting meeting outcomes,
and, where mandated by PEAK, conducting relevant follow-up
- Supporting the commissioning and implementation
of external reviews and studies
- Developing and maintaining the knowledge
bank
- Developing
a wide program of communications – including
the website, reports and ongoing networking with stakeholders.
4.2 The position
of the Executive Officer would, in the first instance, be a part-time
position with office facilities. The Executive Officer
will report to, rather than be a member of, the Komiti, and would
attend the meetings of PEAK ex-officio. Between meetings
of PEAK the Executive Officer would report to the PEAK Chairperson.
4.3 The PJV will fund
the cost of the Executive Officer until such time as other
external resources can be secured.
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5.0 ISSUES CONSIDERATION
5.1 PEAK members
shall familiarise themselves with the Environment Management
and Monitoring Program (EMMP) for the Porgera operation with
a view to comment on the Porgera Mine Closure and Sustainability
Plan (MCP). The PJV management shall provide details of both
programs to PEAK upon request. When available, PEAK members
should also be familiar with other decisions of the Porgera
Mine Closure Committee (PMCC), and other relevant materials
provided to them.
5.2 PEAK shall NOT address
any compensation issues associated with Porgera’s environmental
impact or activities in general.
5.3 Any issue
to be raised by a PEAK member at a meeting is to be included
on the agenda by advising the Chairperson in writing, as
per clause 9.3, or may be raised under ‘Other Business’ for
consideration at the next meeting.
5.4 In response
to major issues raised at a meeting, PJV management may request
through the Chairperson, an opportunity to prepare a detailed
response for presentation at a subsequent meeting.
5.5 PEAK may also
agree that a particular issue requires external assessment
and input, and request through the Chairperson, that the
PJV consider the involvement of independent external parties
selected by PEAK.
5.6 Any information
presented to or discussed within PEAK that is considered
confidential will be identified and may not be disseminated
without the permission of PEAK members.
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6.0 DECISION
MAKING PROCESS
6.1 All members of PEAK shall have
equal standing and shall be provided with equal opportunity
to express their point of view or opinion.
6.2 PEAK does not have any powers
to direct the PJV or its partners to undertake particular
actions but shall have a mandate to request, respond and
advise on issues associated with the operation and mine closure.
6.3 Decisions or positions shall
be reached by PEAK through consensus and the agreement of
all members present. Where it is difficult to reach consensus
a majority decision will be accepted. Dissenting opinions
may be documented and reported with the majority decision,
if requested by the discerning person (s).
6.4 The content of all such decisions
or positions shall be coordinated by the Chairperson and
finalised for approval at the meeting.
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7.0 EXTERNAL REPORTING
7.1 The Chairperson shall be the
only official spokesperson for PEAK.
7.2 In response to a particular
issue, the Chairperson may express publicly a position previously
approved by PEAK at a properly convened meeting, without
consulting the members.
7.3 Where a particular issue arises
publicly in the absence of an approved PEAK position, the
Chairperson may respond to the issue after first consulting
with and having the approval of all members.
7.4 PEAK shall report externally
on its activities and general conclusions on an annual basis. This
report may take the form of a short written document, which
is prepared, each year by the Chairperson for review and
approval of the PEAK members prior to public release.
7.5 PEAK shall maintain a web site
including minutes of meetings and any additional information
considered relevant by the committee.
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8.0 REVIEW
8.1 Its members may review the
function and terms of reference of PEAK every three years.
8.2 Any changes to the function
or terms of reference of PEAK shall be proposed by the Chairperson
for approval by its members.
8.3 When updated terms of reference
are produced, they are to be dated and endorsed by all PEAK
members.
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9.0 ADMINISTRATION
9.1 Its members shall determine
the frequency of PEAK meetings.
9.2 The location of PEAK meetings
shall be determined by its members with all meetings to be
held preferably at Porgera or in Port Moresby. Should the
members decide to hold a meeting outside of Porgera or Port
Moresby, such meetings must first be approved by PJV.
9.3 PEAK members shall advise the
Chairperson in writing of any items to be included on the
agenda at least one month prior to the meeting, and provide
any supporting information for inclusion in the agenda papers.
9.4 An agenda for each meeting
shall be developed by the Executive Officer in consultation
with PEAK members and distributed to all members with any
supporting information prior to the meeting.
9.5 Any PEAK member unable to attend
a scheduled meeting is to advise the Chairperson in writing
as soon as possible and indicate whether an alternate shall
be attending in his or her place.
9.6 Where possible, PJV and Placer
management personnel will attend PEAK meetings when requested
by the Chairperson.
9.7 Under special circumstances,
and with the agreement of all members, other parties may
be permitted to attend specific meetings. Requests
for such attendance shall be made in writing to the Chairperson.
9.8 The Executive Officer shall
maintain a record of all meetings for endorsement by the
Chairman and members. Draft minutes of each meeting
shall be circulated to all members for comment and approval
following each meeting.
9.9 The final minutes of each meeting
shall be included in the agenda papers for the next PEAK
meeting and listed as an agenda item requiring members’ approval.
9.10 Unless otherwise determined
by the Chairperson, the duration of the formal component
of each PEAK meeting shall not exceed one full day.
9.11 The Chairperson and the Executive
Officer in consultation with all PEAK members shall develop
a schedule of meetings.
9.12 At the request of individual
members, and in consultation with PJV, the Chairperson may
convene special meetings to address particular issues.
- END -
(*) 'Komiti' is the 'Tok Pisin' word
for Committee
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