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Labere v Kalena Timber Company Ltd

Pays/Territoire
Îles Salomon
Type de cour
Nationale - cour supérieure
Date
Sep 25, 2000
Source
UNEP, InforMEA
Nom du tribunal
High Court
Siège de la cour
Honiara
Juge
F.O. KABUI
Numéro de référence
Civil Case No. 211 of 2000
Langue
Anglais
Sujet
Forêts
Mot clé
Essence forestière Gestion/conservation Biodiversité
Résumé

The plaintiffs represented the Harero Tribe and asked the Court to make orders preventing the defendant from conducting logging operations on the Harero land and that the proceeds of any logging activities on the land be made payable to an interest bearing deposit in any of the commercial banks in Honiara. The defendant was the Kalena Timber Company Ltd.

The defendant had engaged in logging activities after negotiating a timber rights agreement with some owners of the land, though not the Harero tribe. Despite the lack of an agreement, the plaintiffs meant that the defendant had entered their land and felled trees. They also meant that the defendant had not followed the timber rights acquisition procedure set out in the provisions of the Forest Resources and Timber Utilization Act. 

The plaintiffs also claimed that damage had been done to the environment and that the fact that the trees were gone was an irreparable loss. They also meant that the land was damaged and that the rivers in the area had been polluted. There was evidence proving that Harero Land was never intended to be logged, so the plaintiffs had not suffered economic damage.

The Court concluded that it was necessary to prevent further logging in the area as the trees that were left could otherwise be lost. Until further orders from the court, the proceeds of the sale of trees felled within the Harero Land were to be paid into the Court.

Texte intégral
Labere v Kalena Timber Company Ltd.pdf