3-Advice regarding how district rules should apply where there is an overlap of boundaries in a mine. 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. Process mining here is significantly to inspect skipped task, resource, throughput time, and decision point based on basic rules … While the impact of adoption was expected to be less significant for mining Now for over two decades, PCL is leading the way by establishing par excellence legal education standards. Nik Rijavec Recommended for you 2-Advice on issues involving mining permits, as many of these do not have a clear status. (b)Legal advice on bidding on projects in the mining sector for foreign companies in partnership with local companies. 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. 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. (d) Advice on Legal aspects of training local human resource especially for blasting and use of modern methods. 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. mining industry with their own policies, regulations and taxes. (c ) Import/Export regulations/matters for foreign companies. 1 f n ... mining and construction sectors … 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. 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. 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. Theme: Newsup by Themeansar. 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. 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 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… 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. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. This site is developed only for informational purposes and is subject to the Disclaimer. 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. Period of mining lease 9 10. 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 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. 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. Therefore the court declared the Act of 2016 to be ultra vires. No. Terms of Use | Privacy Policy | Privacy Policy Area of mining lease 7 8. 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. (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). Draft the international Best Practice Khyber Pakhtunkhwa Mining Act to provide a comprehensive legal basis for mineral development/ mining activities in the province. corruption in Indonesia”, ... "Kantor Pusat KPK - 2015" by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 . There is widespread agreement that exploration and mining can bring significant improvements to the local and national living standards. Recovery of expenses CHAPTER IV MINING OPERATIONS AND MANAGEMENT OF MINES 14. All Rights Reserved. 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. Managers 16. 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. 2-Advice on issues involving mining permits, as many of these do not have a clear status. 3-Advice regarding how district rules should apply where there is an overlap of … Notice to be given of mining operations 15. Leap Pakistan aims to make the Law easier to access and understand. 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".. 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. 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. 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. KPMG surveyed the disclosures of 25 global precious metal and base metal producers on the adoption of IFRS 15. 6. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. Supervisory Board A Supervisory Board is newly established under the Second Amendment. Rights of grantee of mining lease sanctioned before commencement of these rules 7 CHAPTER III: GRANT OF MINERAL CONCESSION 7. ISLAMABAD: The provincial government of Khyber Pakhtunkhwa on Monday announced Pakistan's first ever ‘Mineral Policy 2014'. 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 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. Pakistan College of law (PCL) is the premier institution for legal education in Pakistan. (f) Advice on Legal aspects of health and safety in mines and provision of emergency evacuation in case of accidents. 17599 of 2018 (Regarding high population growth rate in Pakistan), Constitution Petition 134/2012 (Requiem for private legal education in Pakistan). 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. | [ 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. “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. Outline legal authority of sector institutions and describe processes in support of the Concession Rules for the award of mineral rights. Committees 12. The legal system in Pakistan is perceived to be hard to understand and even harder to access. 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. raise mining taxes to capture a higher share of profits. 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. 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