The Office of the Parliamentary Independent Group of Solomon Islands has welcomed a landmark High Court decision that clarifies legal procedures in the country’s fast-growing mining sector, describing the ruling as both “timely and significant.”
The case centered on a dispute between the Thavia Clan, represented by Ms. Ethel Vokia, and the Solomon Islands Resources Company Limited (SIRCL).
The clan argued that once a Surface Access Rights Agreement (SARA) is executed and a Mining Lease is issued under Section 36 of the Mines and Minerals Act, the lease must be formally registered in accordance with the Land and Titles Act.
SIRCL, supported by the Attorney General on behalf of the Minister and the Mining Board, contended that such registration and land acquisition procedures were unnecessary once a SARA had been signed.
Justice Maelyn Bird rejected that interpretation, ruling that “the law is very clear” and declaring Mining Lease No. ML012022 invalid.
The decision underscores the requirement for companies to follow due legal process when securing access to customary land for mining operations.
In a statement, the Independent Office praised the ruling as a vital affirmation of legal integrity and landowner rights in the Solomon Islands.
It said the judgment provides important clarity for investors, government agencies, and communities involved in the extractive industries, ensuring that mining development proceeds in line with national laws and respect for customary land tenure.
