The judge presiding over the matter state that he did not agree with this as the very foundation of the original Ordinance lacked constitutionality and authority under the law which permitted no further structure to be built upon it, and since the Bill in the current case had been introduced after the decision of the Mustafa Impex case, the Ordinance although promulgated prior to this decision, had to be “legally cleansed” by the approach of the Provincial Cabinet, before it could be considered by legislature. Process mining here is significantly to inspect skipped task, resource, throughput time, and decision point based on basic rules … A moratorium on mining excavation in the northern Khyber Pakhtunkhwa province was introduced eight years ago, but this has been repealed by an ordinance in August 2016. It was also requested that the respondents be directed to engage and involve the petitioner, recognized as an essential stake holder by the 2005 Rules and the 2014 policy, regularly, in meaningful consultations regarding the formulation of any policy and legislative measures etc. Now for over two decades, PCL is leading the way by establishing par excellence legal education standards. Association Rule Learning (ARL) and process mining by applying a process-mining investigation to obtain a number of fraud variables to generate some association rules in fraud detection. Period of quarry licenses 10 11. The Additional Advocate General contended that the Ordinance promulgated by the provincial government before the Mustafa Impex case’s decision by the Supreme court was announced, ought to be considered a valid piece of legislation and therefore be declared the Act of 2016. PESHAWAR: The government passed a bill without debate from the Khyber Pakhtunkhwa Assembly on Wednesday that declared all mines and minerals in the erstwhile … KPK Law: Second Amendment: 1. Regulation of Mines and Oil fields and Mineral Development (Government) Control Act, 1948, Regulation of Mines and Oil fields and Mineral Development (Government) (Amendment) Control Act, 1976, Mining Concession Rules, 1970 (Baluchistan Amendment), Mining Concession Rules, 1960 (Sindh Amendment), KPK Mining Concession Rules 2005 (especially on the clauses relevant to Royalties), Pakistan Environmental Protection Act 1997. The KPK found more than a thousand mining companies operating without proper permits in forest areas, and pegged the state losses as a result at 15.9 trillion rupiah ($1.1 billion) per year. These rules may be called the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules,2011. This site is developed only for informational purposes and is subject to the Disclaimer. This Additional Advocate General responded to by asserting that the decision of a court of law was prospective, unless expressly stated to be retrospective, which had not been the case for the Mustafa Impex case, which therefore would apply prospectively. Declare the promotion of investment in the mining sector as national interest and top priority. The resolution called on the federal government to officially register and introduce cryptocurrencies in the country after enacting necessary legislation. Restriction on grant of mining … Area of mining lease 7 8. Man City boss Guardiola confused by football's virus rules ... enters into JV Agreement for Potential Mining Projects in Balochistan Pakistan’s First Ever Motorsports Arena to be Build in KPK Pakistan College of law (PCL) is the premier institution for legal education in Pakistan. When ... 69 Integrity Rules The KPK found more than a thousand mining companies operating without proper permits in forest areas, and pegged the state losses as a result at 15.9 trillion rupiah ($1.1 billion) per year. Committees 12. For this, the Supreme court in the aforementioned case stated that failure to follow the Rules of Business 1973 would lead to any order made in their violation, to be legally invalid. Proudly powered by WordPress Notice to be given of mining operations 15. TEMPO.CO, Jakarta- Chairman of the Corruption Eradication Commission (), Agus Rahardjo, revealed that three of the anti-corruption watchdog employees are ready to resign due to their refusal upon being promoted to civil servant status or ASN as the revised KPK Law mandated. To this the judge presiding over the case stated that since the Ordinance promulgated originally had been amended prior to being considered as a Bill introduced in the Provincial Assembly of Khyber Pakhtunkhwa (KPK) and had out lived its constitutional life, it would be legally inappropriate to pass a decision on it, based on a decision of the Supreme Court which was held after its promulgation. 5 It is a major tourist attraction, drawing up to 250,000 visitors a year. We thank them for their support. Powered by: E-Governance Initiative - Directorate of … Terms of Use | Privacy Policy | Privacy Policy Is Dry Ice the next high demand trade item in International Trade following the Vaccine Roll Out? Minerals Sector Governance Act-2016 has been put in place by the Minerals Development Department of government of KPK. The judge presiding over the current case stated that it was a settled fact that apart from the Khyber Pakhtunkhwa Mines and Minerals Development and Regulation Ordinance, 2016 (“the Ordinance”), the amendments made to it and the bill laid before the provincial assembly, its amendments and the final ascent thereto by the governor were acts which took place without the approval of the Provincial Cabinet, after the Supreme Court’s decision on the Mustafa Impex case was pronounced. (d) Advice on Legal aspects of training local human resource especially for blasting and use of modern methods. 3-Advice regarding how district rules should apply where there is an overlap of boundaries in a mine. KPMG surveyed the disclosures of 25 global precious metal and base metal producers on the adoption of IFRS 15. She said previously, under the Mining Concessions Rules 2005 the department was unable to punish violators as courts did not accept department plea for punishment under rules. Its history dates back to its discovery by Alexander the Great troops in 320 BC, but it only first started trading in the Mughal era. The economic benefits of a strong mining industry are crucial to Pakistan as fuel for its ongoing development, but it must first overcome its reputation as a dangerous investment. This site is protected by wp-copyrightpro.com, MINING LAW GUIDE FOR PAKISTAN (2015) here, COVID19 (Corona Virus) Legal Consultation, US Ban on PPE exports extended to June 2021, Update 26th of December 2020: Official Announcement of Duplicated 3M Barcode LOTS Numbers for Respirators 3M1860, 3M1860S and 3M 1870, Perceiving the Legal Challenges in the COVID19 Vaccine Roll Outs, procurement, approvals and cold chain logistics. Mining Concession Rules 2005 Download FeedBack. (g) The current legal framework for mining activities in the region, including leasing, dispute resolution mechanisms and reform of the legal frameworks, 10- Specific Opinions on the operation and application to the mining sector of the following pieces of legislation (the list below is not exhaustive). Trade for the ‘Supporting the Rules-Based Order’ project of PSC. All Rights Reserved. this is our own mine contact us on 03005901190. No. “Three have submitted their resignation. This crucial omission on the part of the Provincial Government rendered the legal enactment under consideration, to be without lawful authority. Regarding the other requests by the petitioners the court sated that the since lack of prior approval from the cabinet was the ground which disqualified the Act of 2016, it was legally unacceptable to further expand the court’s finding on any other grounds. 3-Advice regarding how district rules should apply where there is an overlap of … The security shall be deposited in Khyber Pakhtunkhwa Treasury (in cash) under the Provincial Mineral Security Head of Account or in the shape of National Savings Certificates pledged in the name of "Director General Mines & Minerals, Khyber PalchtunIchwa" which shall ensure refimd of the some in normal (default-less) completion of lease tenure in terms of the Mining Lease Agreement executed between the parties. For example, the recent news items about Freeport mention a 7-fold multiplier effect on employment, and an 8-fold multiplier effect on the Provincial economy. 7-Advice to private and public sector disputes relevant to: (a) Legal advice on joint ventures on public and private partnership in the mining sector. LEAP Pakistan aims to make the law understandable and accessible to students, graduates and the Pakistani public by translating those huge, boring, picture-less books through more interesting, user-friendly mediums. 00000 of 2055 (Regarding How to Upload Case Reports), Human Rights Case No. the Cabinet) and not the Prime Minister on his own. Khyber Pakhtunkhwa (KPK) government Friday decided to draft a new Mining Policy to ensure safety of mine labourer working under very harsh and dangerous conditions, said Shaukat Yousafzai, leader of PTI and Member Provincial Assembly (MPA) of KP. Outline legal authority of sector institutions and describe processes in support of the Concession Rules for the award of mineral rights. They have made the system online for application of licensees in the mining sector. Supervisory Board A Supervisory Board is newly established under the Second Amendment. One Year of Log Cabin Building / One Man Odyssey Building His Dream House - Duration: 2:10:36. EPA promulgated the Mineral Mining and Processing Effluent Guidelines and Standards (40 CFR Part 436) in 1975, and amended the regulation in 1976, 1977, 1978, and 1979.The regulation covers wastewater discharges from mine drainage, mineral processing operations and stormwater runoff. Period of mining lease 9 10. 17599 of 2018 (Regarding high population growth rate in Pakistan), Constitution Petition 134/2012 (Requiem for private legal education in Pakistan). KPK E&D Rules Mining Boards 11. There is widespread agreement that exploration and mining can bring significant improvements to the local and national living standards. corruption in Indonesia”, ... "Kantor Pusat KPK - 2015" by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 . corruption in Indonesia”, APSA Pre ... "Kantor Pusat KPK - 2015" by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 . Introduction. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. KPK government has changed the process for applying for investment in mines and mineral sector in the province. [ The mine is famous for its production of pink Khewra salt, often marketed as Himalayan salt, and is a major tourist attraction, drawing up to 250,000 visitors a year.Its history dates back to its discovery by Alexander's troops in 320 BC, but it started trading in the Mughal era.The main tunnel at ground level was developed by Dr. H. Warth, a mining engineer, in 1872 during British rule. 2-Advice on issues involving mining permits, as many of these do not have a clear status. Draft the international Best Practice Khyber Pakhtunkhwa Mining Act to provide a comprehensive legal basis for mineral development/ mining activities in the province. The Additional Advocate General also contended that the Ordinance was introduced as a Bill before the Provincial Assembly of KPK in pursuance of clause A sub-Article (2) of Article 158 and via the provision contained in sub-article (3) of Article 128 of the Constitution which, according to Rule 19 (1) of the Khyber Pakhtunkhwa Rules of Business, 1973, mandated no consent of the Provincial cabinet. Insights into Mining Adoption of IFRS 15 In the first quarter of 2018, most mining companies adopted IFRS 15 Revenue from Contracts with Customers (“IFRS 15”). (f) Advice on Legal aspects of health and safety in mines and provision of emergency evacuation in case of accidents. The function of the KPK is … raise mining taxes to capture a higher share of profits. The petitioner sought the constitutional jurisdiction of the Peshawar high court to have the Khyber Pakhtunkhwa Minerals Sector Governance Act, 2016 (“the Act of 2016”) and the Khyber Pakhtunkhwa Mineral Titles (Large and Small Scale Mining) Rules, 2017 Rules (“the 2017Rules”) to be declared to have been made without lawful authority, in violation of the Constitution and the ratio of the Mustafa Impex case[1], and therefore be struck down. (b)Legal advice on bidding on projects in the mining sector for foreign companies in partnership with local companies. 2-Advice on issues involving mining permits, as many of these do not have a clear status. Minerals Sector Governance Act-2016 has been put in place by the Minerals Development Department of government of KPK. The exercise of the powers of the Federal government, by the Cabinet, was constitutionally invalid and a nullity in the eyes of the law. TEMPO.CO, Jakarta - The Corruption Eradication Commission (KPK) urged the government to form a task force to supervise minerals and coal mining activities. The judge further disagreed with the Additional Advocate General where he stated that this constitutional disability of the Bill so introduced, culminating in the impugned Act of 2016 was in fact a procedural irregularity and therefore according to Article 69 read with 67 of the Constitution, was  beyond the jurisdiction of a constitutional court. Budgetary expenditure or discretionary governmental expenditure could only be authorized by the Federal Government (i.e. 4-Advice on applying for a mining permit, including help with the inspection of Local Registers for permits and licences for prospective mining sector companies, 5- Advice on Mining Permit revocation due to allegations of mining tax evasion as well as reclamation obligations. The legal system in Pakistan is perceived to be hard to understand and even harder to access. “We also amended rules to improve [the] existing system and it will enhance our province’s revenue up to Rs2bn [from] Rs1.2bn,” he said. Rule 1: Short title, application and commencement • These rules may be called the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules,2011 and have been framed by government of Khyber Pakhtunkhwa under section 26 of the Civil Servants Act,1973. KPK entering the mining scene – just progress. 1 f n ... mining and construction sectors … ISLAMABAD: The provincial government of Khyber Pakhtunkhwa on Monday announced Pakistan's first ever ‘Mineral Policy 2014'. Association Rule Learning (ARL) and process mining by applying a process-mining investigation to obtain a number of fraud variables to generate some association rules in fraud detection. The petitioners also requested that an interim relief be granted to them, which would disable MIFA and the Mineral Titles Committee from functioning or taking any adverse action against them, pursuant to the Act of 2016, the 2017 Rules or any other legislative or executive measure in pursuance of this Act and Rules, including their retrospective application, pending appeals and proceedings of the members of the petitioner’s association. MINING BOARDS AND COMMITTEES 10. In December 2020, KP Assembly had unanimously passed a resolution on legalizing cryptocurrencies and crypto-mining, becoming the first legislative assembly to do so. Therefore the court declared the Act of 2016 to be ultra vires. EPA promulgated the Mineral Mining and Processing Effluent Guidelines and Standards (40 CFR Part 436) in 1975, and amended the regulation in 1976, 1977, 1978, and 1979.The regulation covers wastewater discharges from mine drainage, mineral processing operations and stormwater runoff. Khyber Pakhtunkhwa Law, KP Code, Khyber Pakhtunkhwa Code. According to Articles 37A – 37G of the Second Amendment, the Supervisory Board has been primarily established in order to supervise the implementation of the duties and authorities of the KPK. In addition to these it was requested that the establishment of and all the work done by the Khyber Pakhtunkhwa Mineral Investment Facilitation Authority (MIFA) and the Mineral Titles Committee purportedly under the Act of 2016 be set aside and that all notifications, orders, acts, and things made or done pursuant to the Act of 2016 and the 2017 rules be declared without legal effect and void ab initio and the Regulation of Mines and Oil-Fields and Mineral Development (Government Control) Act, 1948 (“the Act of 1948”) and the Khyber Pakhtunkhwa Mining Concession Rules, 2005 (“the 2005 Rules”) be re-instated. The Khyber Pakhtunkhwa Land Acquisition (Mines)(Amendment) Act,2019. LEAP Pakistan | A project of Pakistan College of Law, PCL Student Journal of Law – Official Web Page, Case No. Area of quarry license 8 9. When the British established it as a province, they called it "North West Frontier Province" (abbreviated as NWFP) due to its relative location being in north west of their Indian Empire. Leap Pakistan aims to make the Law easier to access and understand. The court also held that the Ordinance making power existed only after the prior consideration of the Cabinet and an ordinance issued without the prior approval of the cabinet was invalid as no bill in the parliament could be moved without having the Cabinet’s approval. He stated that he disagreed with this point as the Act of 2016 lacked the fundamental legal precedent of prior approval of the Provincial Cabinet which tampered with its constitutionality and could not, therefore, be ignored as being procedural. The main tunnel at ground level was developed by Dr. H. Warth, a mining engineer, in 1872 during British rule. mining industry with their own policies, regulations and taxes. The court therefore declared the Khyber Pakhtunkhwa Minerals Sector Governance Act, 2016 and the Khyber Pakhtunkhwa Mineral Titles (Large and Small Scale Mining) Rules, 2017 Rules to have been made without legal authority and therefore to be of no legal consequence which in turn vitiated the Khyber Pakhtunkhwa Mineral Investment Facilitation Authority (MIFA) and all actions and decisions taken by it, as it had been created under the Act of 2016. Government of the Khyber Pakhtunkhwa Finance Department (Regulation Wing) has issued letter on 11-10-2017 to The Accountant General KPK Peshawar in connection with Fixation of Pay on Promotion KPK Pakistan Mining & Exploration inc is now focusing on providing training of local personal both at mines and processing factory to enable the project to reduce wastage and improve the quality of the products so far introduced and produced from the districts of Balochistan and KPK. We thank them for their support. Managers 16. Any Act or statutory instrument purporting to describe any entity or organization other than the Cabinet, as the Federal Government was ultra vires and a nullity. When mining is in a rising commodity price cycle, as it was in the first decade of this century, governments tend to . | However the mining business in Pakistan is expanding ceaselessly even if the federal government has been shutting down mining farms since this ban was once enacted. According to this governance act in order to appeal to maximum investors in mining field and to make the whole process transparent and fair this law was formed. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. © 2020 Provincial Assembly of Khyber Pakhtunkhwa. Macron rules out apology for colonial abuses in Algeria ... MPCL enters into JV Agreement for Potential Mining Projects in Balochistan Pakistan’s First Ever Motorsports Arena to be Build in KPK (e) Advice on Legal aspects of sustainable mining activity and minimizing environmental degradation. While the impact of adoption was expected to be less significant for mining The ordinance brings in a series of regulations that the local government claims will increase international investment, but some have reacted with anger. Rule 16(2) which enabled the Prime Minister to bypass this procedure was therefore declared ultra vires by the Supreme Court. Trade for the ‘Supporting the Rules-Based Order’ project of PSC. Rights of grantee of mining lease sanctioned before commencement of these rules 7 CHAPTER III: GRANT OF MINERAL CONCESSION 7. 6-Advice on Taxes as now the Tax Directorate General requires tax registration number (NPWP) for all mining permit holders. Well, the mining industry mafias will,” said coalition member Iqbal Damanik in a discussion regarding the matter in Jakarta on Tuesday, September 10. Theme: Newsup by Themeansar. Recovery of expenses CHAPTER IV MINING OPERATIONS AND MANAGEMENT OF MINES 14. Department: Minerals Department: Main Category: Rules: Year: 2005: Promulgation Date: 07-04-2005: This site is developed only for informational purposes and is subject to the Disclaimer. The court therefore declared the Khyber Pakhtunkhwa Minerals Sector Governance Act, 2016 and the Khyber Pakhtunkhwa Mineral Titles (Large and Small Scale Mining) Rules, 2017 Rules to have been made without legal authority and therefore to be of no legal consequence which in turn vitiated the Khyber Pakhtunkhwa Mineral Investment Facilitation Authority (MIFA) and all actions and decisions taken by it… Khyber Pakhtunkhwa means the "Khyber side of the land of the Pashtuns, where the word Pakhtunkhwa means "Land of the Pashtuns", while according to some scholars, it refers to "Pashtun culture and society".. The Mines and Minerals (Regulation and Development) Act (1957) is an Act of the Parliament of India enacted to regulate the mining sector in India.It was amended in 2015 and 2016. Powers of Mining Boards 13. The Tethyan Cooper Company (TCC) has approached the High Court of Justice in the British Virgin Islands for the enforcement of the $5.97 billion … For over two decades, most of Indonesia’s natural resources such as forests, plantations, minerals and fisheries have been over exploited; […] The court held that regarding the contest to the constitutionality of the Ordinance, Act of 2016 and Rules of 2017, the test to gauge the constitutionality of an enactment was laid by the Supreme Court in Messrs Mustafa Impex’s case, which had not been adhered to in promulgating the Act of 2016 and the Rules of 2017. Therefore, the Act of 2016 and the 2017 Rules were clearly unlawfully constituted. 6. Khyber Pakhtunkhwa is a land rich with natural resources, its human capital is hardworking and resilient, unfortunately the events over the last three decades has severely dented the transformation of this potential into economic prosperity. KP Govt Sets Up Cryptocurrency Mining Plant in The Province Posted 3 seconds ago by Haroon Hayder KP government has approved funds for setting up a cryptocurrency mining plant in the province. The opinions expressed in this article are the author's own and do not reflect the views of LEAP Pakistan or Pakistan College of Law. This act forms the basic framework of mining regulation in India. To this the petitioners submitted that the decision of the Supreme court in the Mustafa Impex case would have retrospective effect and therefore nullify the constitution of the legal instrument. (c ) Import/Export regulations/matters for foreign companies. Nearing the end of the current House of Representatives (DPR) tenure, House members agreed to revise the KPK Law stated in Law No.30/2002 on the act of eradicating corruption. Submit an article, essay, opinions, everything and anything. Our qualified team of legal experts is able to guide our valued clients in the following areas of Mining Law in Pakistan (especially in the Sindh, Baluchistan and KPK region).You can access our MINING LAW GUIDE FOR PAKISTAN (2015) here, 1-Advice on problems with royalties and negotiating an arrangement with the local tribes/residents (suggestions regarding settlements, drafting of contracts and impact of the FATA Government Regulation 2012). Process mining here is significantly to inspect skipped task, resource, throughput time, and decision point based on basic rules … Alternatively, it was sought that certain provisions of the Act of 2016 and the 2017 Rules being ultra vires article 2A, 4, 5, 9, 10A, 14, 18, 24, 25, 115, 129, 227 and 264 of the Constitution and precedent of the superior courts qualified the entire Act of 2016 and the 2017 rules to be struck down as they were, in any case, impractical and impossible to implement. The role of the Corruption Eradication Commission ( KPK ) in conserving natural resources, which began in 2009, needs support from multiple stakeholders. Nik Rijavec Recommended for you Boundaries in a mine and base metal producers on the adoption of IFRS 15 series of regulations that local. Building / one Man Odyssey Building His Dream House - Duration: 2:10:36 basis for mineral mining! Second Amendment draft the international Best Practice Khyber Pakhtunkhwa government Servants ( Efficiency and Discipline Rules,2011... ) which enabled the Prime Minister on His own, PCL is the! Pakhtunkhwa government Servants ( Efficiency and Discipline ) Rules,2011 health and safety in and! Pakhtunkhwa on Monday announced Pakistan 's first ever ‘ mineral Policy 2014 ' overlap of … mining rules... Rules 7 CHAPTER III: GRANT of mining regulation in India 2017 were! Policies, regulations and taxes mining can bring significant improvements to the Disclaimer declared the Act of 2016 the. 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