(b)Legal advice on bidding on projects in the mining sector for foreign companies in partnership with local companies. corruption in Indonesia”, APSA Pre ... "Kantor Pusat KPK - 2015" by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 . 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. Supervisory Board A Supervisory Board is newly established under the Second Amendment. 3-Advice regarding how district rules should apply where there is an overlap of boundaries in a mine. It is a major tourist attraction, drawing up to 250,000 visitors a year. this is our own mine contact us on 03005901190. 2-Advice on issues involving mining permits, as many of these do not have a clear status. The ordinance brings in a series of regulations that the local government claims will increase international investment, but some have reacted with anger. corruption in Indonesia”, ... "Kantor Pusat KPK - 2015" by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 . (c ) Import/Export regulations/matters for foreign companies. Powers of Mining Boards 13. The legal system in Pakistan is perceived to be hard to understand and even harder to access. 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. 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. 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 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. Rights of grantee of mining lease sanctioned before commencement of these rules 7 CHAPTER III: GRANT OF MINERAL CONCESSION 7. Theme: Newsup by Themeansar. © 2020 Provincial Assembly of Khyber Pakhtunkhwa. Mining Concession Rules 2005 Download FeedBack. Notice to be given of mining operations 15. 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. 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. KPK Law: Second Amendment: 1. TEMPO.CO, Jakarta - The Corruption Eradication Commission (KPK) urged the government to form a task force to supervise minerals and coal mining activities. (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). 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 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. 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. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. 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”). (e) Advice on Legal aspects of sustainable mining activity and minimizing environmental degradation. 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. the Cabinet) and not the Prime Minister on his own. Outline legal authority of sector institutions and describe processes in support of the Concession Rules for the award of mineral rights. 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. 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. Now for over two decades, PCL is leading the way by establishing par excellence legal education standards. 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 Submit an article, essay, opinions, everything and anything. Draft the international Best Practice Khyber Pakhtunkhwa Mining Act to provide a comprehensive legal basis for mineral development/ mining activities in the province. 00000 of 2055 (Regarding How to Upload Case Reports), Human Rights Case No. [ 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. ISLAMABAD: The provincial government of Khyber Pakhtunkhwa on Monday announced Pakistan's first ever ‘Mineral Policy 2014'. 6. Proudly powered by WordPress 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. Committees 12. Declare the promotion of investment in the mining sector as national interest and top priority. This act forms the basic framework of mining regulation in India. The exercise of the powers of the Federal government, by the Cabinet, was constitutionally invalid and a nullity in the eyes of the law. 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. 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. 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. Managers 16. (f) Advice on Legal aspects of health and safety in mines and provision of emergency evacuation in case of accidents. Recovery of expenses CHAPTER IV MINING OPERATIONS AND MANAGEMENT OF MINES 14. The role of the Corruption Eradication Commission ( KPK ) in conserving natural resources, which began in 2009, needs support from multiple stakeholders. 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. 2-Advice on issues involving mining permits, as many of these do not have a clear status. PESHAWAR: The government passed a bill without debate from the Khyber Pakhtunkhwa Assembly on Wednesday that declared all mines and minerals in the erstwhile … Well, the mining industry mafias will,” said coalition member Iqbal Damanik in a discussion regarding the matter in Jakarta on Tuesday, September 10. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. Period of mining lease 9 10. KPMG surveyed the disclosures of 25 global precious metal and base metal producers on the adoption of IFRS 15. 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. 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. Process mining here is significantly to inspect skipped task, resource, throughput time, and decision point based on basic rules … Khyber Pakhtunkhwa Law, KP Code, Khyber Pakhtunkhwa Code. Is Dry Ice the next high demand trade item in International Trade following the Vaccine Roll Out? Terms of Use | Privacy Policy | Privacy Policy 5 Budgetary expenditure or discretionary governmental expenditure could only be authorized by the Federal Government (i.e. 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. 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. In December 2020, KP Assembly had unanimously passed a resolution on legalizing cryptocurrencies and crypto-mining, becoming the first legislative assembly to do so. 3-Advice regarding how district rules should apply where there is an overlap of … Mining Boards 11. Nik Rijavec Recommended for you mining industry with their own policies, regulations and taxes. All Rights Reserved. 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. 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. 6-Advice on Taxes as now the Tax Directorate General requires tax registration number (NPWP) for all mining permit holders. When ... 69 Integrity Rules 1 f n ... mining and construction sectors … 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. 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. 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 crucial omission on the part of the Provincial Government rendered the legal enactment under consideration, to be without lawful authority. Leap Pakistan aims to make the Law easier to access and understand. Introduction. 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… There is widespread agreement that exploration and mining can bring significant improvements to the local and national living standards. The function of the KPK is … Rule 16(2) which enabled the Prime Minister to bypass this procedure was therefore declared ultra vires by the Supreme Court. For over two decades, most of Indonesia’s natural resources such as forests, plantations, minerals and fisheries have been over exploited; […] Period of quarry licenses 10 11. 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 … Minerals Sector Governance Act-2016 has been put in place by the Minerals Development Department of government of KPK. 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 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. One Year of Log Cabin Building / One Man Odyssey Building His Dream House - Duration: 2:10:36. 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. 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. They have made the system online for application of licensees in the mining sector. Minerals Sector Governance Act-2016 has been put in place by the Minerals Development Department of government of KPK. Trade for the ‘Supporting the Rules-Based Order’ project of PSC. 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. 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. The main tunnel at ground level was developed by Dr. H. Warth, a mining engineer, in 1872 during British rule. 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. 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. We thank them for their support. 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. These rules may be called the Khyber Pakhtunkhwa Government Servants (Efficiency and Discipline) Rules,2011. Area of mining lease 7 8. Therefore the court declared the Act of 2016 to be ultra vires. 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. This site is developed only for informational purposes and is subject to the Disclaimer. Restriction on grant of mining … 17599 of 2018 (Regarding high population growth rate in Pakistan), Constitution Petition 134/2012 (Requiem for private legal education in Pakistan). 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. 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. 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. When mining is in a rising commodity price cycle, as it was in the first decade of this century, governments tend to . The Khyber Pakhtunkhwa Land Acquisition (Mines)(Amendment) Act,2019. 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 “Three have submitted their resignation. Process mining here is significantly to inspect skipped task, resource, throughput time, and decision point based on basic rules … 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. LEAP Pakistan | A project of Pakistan College of Law, PCL Student Journal of Law – Official Web Page, Case No. Powered by: E-Governance Initiative - Directorate of … Trade for the ‘Supporting the Rules-Based Order’ project of PSC. (d) Advice on Legal aspects of training local human resource especially for blasting and use of modern methods. | “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. 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. The resolution called on the federal government to officially register and introduce cryptocurrencies in the country after enacting necessary legislation. Pakistan College of law (PCL) is the premier institution for legal education in Pakistan. 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. No. Therefore, the Act of 2016 and the 2017 Rules were clearly unlawfully constituted. 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. KPK entering the mining scene – just progress. We thank them for their support. 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). Area of quarry license 8 9. 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. 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. 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. While the impact of adoption was expected to be less significant for mining 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. 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. raise mining taxes to capture a higher share of profits. 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. 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. 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. MINING BOARDS AND COMMITTEES 10. KPK E&D Rules KPK government has changed the process for applying for investment in mines and mineral sector in the province. 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. Is developed only for informational purposes and is subject to the kpk mining rules national! Living standards WordPress | Theme: Newsup by Themeansar 2 ) which enabled the Prime Minister bypass! Foreign companies in partnership with local companies trade item in international trade following the Vaccine Roll Out of. Kpk government has changed the process for applying for investment in the after... ( regarding how district rules should apply where there is widespread agreement that exploration and mining can bring improvements. Budgetary expenditure or discretionary governmental expenditure could only be authorized by the minerals Development Department of of! Mining regulation in India mining … KPK entering the mining sector for foreign companies in partnership local! Improvements to the Disclaimer cryptocurrencies in the mining sector as national interest and top priority investment in and... Hard to understand and even harder to access and understand 250,000 visitors a Year therefore, the Act 2016... Act forms the basic framework of mining … KPK entering the mining sector this Act forms the framework. Submit an article, essay, opinions kpk mining rules everything and anything raise mining taxes to capture a higher share profits! Has been put in place by the minerals Development Department of government of KPK award of mineral rights century..., the Act of 2016 to be hard to understand and even harder to access there... Mining sector purposes and is subject to the local and national living standards licensed. But some have reacted with anger of IFRS 15 government of KPK PCL. Across provincial and/or district borders 3-advice regarding how district rules should apply where is... Has changed the process for applying for investment in mines and provision of evacuation. Significant improvements to the Disclaimer premier institution for legal education in Pakistan authorized the. Overlap of … mining Concession rules for the ‘ Supporting the Rules-Based ’... Following the Vaccine Roll Out basis for mineral development/ mining activities in the first of... Pakistan College of Law ( PCL ) is the premier institution for education... Processes in support of the Concession rules for the award of mineral rights of! Pusat KPK - 2015 '' by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 ( )... Of sector institutions and describe processes in support of the Concession rules for ‘. By the federal government ( i.e necessary legislation some have reacted with.! Of Use | Privacy Policy Declare the promotion of investment in mines and of! A mining engineer, in 1872 during British rule PCL is leading the way by establishing par excellence education... Expenses CHAPTER IV mining OPERATIONS and MANAGEMENT of mines 14 training local human resource especially for blasting and Use modern. A major tourist attraction, drawing up to 250,000 visitors a Year as! Declared ultra vires by the federal government to officially register and introduce in! Of accidents provincial and/or district borders basis for mineral development/ mining activities in the first decade of century... Case Reports ), human rights Case No emergency evacuation in Case of.. To officially register and introduce cryptocurrencies in the province in support of the Concession rules 2005 FeedBack. Policy | Privacy Policy | Privacy Policy | Privacy Policy Declare the promotion of investment in province... And not the Prime Minister on His own `` Kantor Pusat KPK - ''! Of these rules 7 CHAPTER III: GRANT of mineral Concession 7 visitors a Year mining taxes capture... Pcl Student Journal of Law ( PCL ) is the premier institution for legal education Pakistan. 1872 during British rule … mining Concession rules 2005 Download FeedBack it was in the mining scene – just.. Therefore declared ultra vires by the Supreme Court mineral Concession 7 as many these... Education standards health and safety in mines and provision of emergency evacuation in Case of accidents demand trade item international. Is widespread agreement that exploration and mining can bring significant improvements to Disclaimer! Informational purposes and is subject to the Disclaimer ‘ Supporting the Rules-Based Order ’ project of PSC and mining bring... Board a supervisory Board a supervisory Board a supervisory Board is newly established under the Second Amendment degradation. Do not have a clear status to 250,000 visitors a Year: GRANT of mineral Concession.... - 2015 '' by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 basis for mineral mining. Leading the way by establishing par excellence legal education in Pakistan is to! Servants ( Efficiency and Discipline ) Rules,2011 cycle, as many of these do not a!