SOE V Regulatory Bodies

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SOE v Regulatory Bodies

SOE Regulatory Bodies

SOE’s are owned companies or organizations of the State either Corporate bodies that are under the policy direction of the Minister. They ensure
partially or wholly. Majority of the shares are held in trust for the compliance with laws and regulations, promote fair competition and protect
State. Kumul Consolidated Holdings formerly IPBC holds these consumer interests. They are independent of the State’s influence.
SOE’s in trust and manages them.

Examples Characteristics Examples Characteristics


Post PNG  Established under the Postal Services Act Mineral  The Act establishes the Mineral Resources Authority
1996 and responsible for providing postal Resources and defined its powers and functions.
services in PNG. Authority Act 2005  The Authority is a body corporate with perpetual
 Post PNG is responsible to send regular succession and shall have a common seal and may
letters within Papua New Guinea. Their goal acquire, hold and dispose of property and may sue and
is to make this letter service available to as be sued in its corporate name and style – section 4
many people as possible in the country.  Authority is not a Department of the National Public
However, they are only responsible for Service – section 7
delivering the letter to the nearest post office,  Its functions includes advising the Minister on mining
not directly to the recipient's address. The matters, overseeing the administrations and
person or their representative needs to pick it enforcement of relevant mining legislations ,
up from the post office. negotiating mining contracts on behalf of the State

Water PNG  The incorporated company is established National Maritime  The Act establishes the Maritime Safety Authority and
under the National Water Supply and Safety Authority defined its powers and functions.
Sanitation Act 2016 Act 2003  The Authority is a body corporate with perpetual
 It is responsible for providing and succession and shall have a common seal and may
maintaining water supply systems and acquire, hold and dispose of property and may sue and
sanitation systems for various areas. The be sued in its corporate name and style – section 3
company collaborates with governmental
entities to achieve its objective of ensuring
an adequate water supply. Water PNG must
comply with relevant laws, including those
related to public health, consumer protection,
and the environment. They manage and
maintain the water supply and sanitation
systems they own, excluding responsibilities
in the National Capital District if another
entity is already handling such facilities and
services under the National Capital District
Water Supply and Sewerage Act 1996.

Motor Vehicles  Wholly owned by the State through shares Fisheries  The National Fisheries Authority is established –
Insurance held by KHC Management Act section 4 – comprising the National Fisheries Board
Limited  Established by the Motor Vehicles (Third 1998 and Authority
Party Insurance) Act to act as the sole  The Authority is a body corporate with perpetual
compulsory third party insurer of all motor succession and shall have a common seal and may
vehicles in PNG. acquire, hold and dispose of property and may sue and
 Responsible for road safety initiatives, motor be sued in its corporate name
vehicle registrations and licensing services  The Act outlines the responsibilities of the Fisheries
for all types of motor vehicles Authority, including the management of fisheries
within Papua New Guinea's waters, in alignment with
international obligations, particularly concerning tuna
and highly migratory fish stocks. The Authority is
tasked with recommending licenses, collaborating with
various agencies and organizations, operating research
facilities for fish stock assessment, controlling and
regulating fish processing and export, overseeing
projects and public investment programs, collecting
aquatic resource data, representing the government in
fishing-related agreements, formulating policy
recommendations, establishing implementation
procedures, and implementing monitoring and
surveillance schemes in accordance with the Act.
Telikom PNG  The company is defined and established in National Airports  A company incorporated under section 147A of the
the Telikom PNG ltd Act 1996 Corporation Ltd Civil Aviation (Amendment) Act
 Its functions relates to providing  Its principal function concerns managing and operating
telecommunication services within PNG and the airports in PNG. As well as other functions
between PNG and other nations. determined by its shareholders.
 It is a company however its non-ex-officio Board
members are appointed according to the Regulatory
Statutory Authorities (Appointment of Certain Offices)
Act 2004.

National  Established under the National Development National Energy  The National Energy Authority is established as a
Development Bank 2007 as a body corporate with Authority Act 2021 corporate body like NFA and MRA however it can
Bank perpetual succession and shall have a borrow money through the Department of Treasury,
common seal and may acquire, hold and advice the Minister on policies, and carry out activities
dispose of property and may sue and be sued that align with its corporate interests and objectives as
in its corporate name and style. It has defined by the law.
banking relating functions.  The purposes of the Authority are a public purpose
 The Bank is not a public body – not a within the meaning of any law – section 8
department.

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