Therefore the court declared the Act of 2016 to be ultra vires. The ordinance brings in a series of regulations that the local government claims will increase international investment, but some have reacted with anger. Draft the international Best Practice Khyber Pakhtunkhwa Mining Act to provide a comprehensive legal basis for mineral development/ mining activities in the province. Powers of Mining Boards 13. 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. 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. 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 Period of mining lease 9 10. 00000 of 2055 (Regarding How to Upload Case Reports), Human Rights Case No. When ... 69 Integrity Rules 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). 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… 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. This crucial omission on the part of the Provincial Government rendered the legal enactment under consideration, to be without lawful authority. We thank them for their support. When mining is in a rising commodity price cycle, as it was in the first decade of this century, governments tend to . (d) Advice on Legal aspects of training local human resource especially for blasting and use of modern methods. Mining Concession Rules 2005 Download FeedBack. 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".. Recovery of expenses CHAPTER IV MINING OPERATIONS AND MANAGEMENT OF MINES 14. 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 The main tunnel at ground level was developed by Dr. H. Warth, a mining engineer, in 1872 during British rule. No. Submit an article, essay, opinions, everything and anything. 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”). 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. (e) Advice on Legal aspects of sustainable mining activity and minimizing environmental degradation. The function of the KPK is … 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. Rights of grantee of mining lease sanctioned before commencement of these rules 7 CHAPTER III: GRANT OF MINERAL CONCESSION 7. 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. Period of quarry licenses 10 11. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. Pakistan College of law (PCL) is the premier institution for legal education in Pakistan. (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). There is widespread agreement that exploration and mining can bring significant improvements to the local and national living standards. Outline legal authority of sector institutions and describe processes in support of the Concession Rules for the award of mineral rights. It is a major tourist attraction, drawing up to 250,000 visitors a year. 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. (b)Legal advice on bidding on projects in the mining sector for foreign companies in partnership with local companies. PESHAWAR: The government passed a bill without debate from the Khyber Pakhtunkhwa Assembly on Wednesday that declared all mines and minerals in the erstwhile … raise mining taxes to capture a higher share of profits. Rule 16(2) which enabled the Prime Minister to bypass this procedure was therefore declared ultra vires by the Supreme Court. 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 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. In December 2020, KP Assembly had unanimously passed a resolution on legalizing cryptocurrencies and crypto-mining, becoming the first legislative assembly to do so. © 2020 Provincial Assembly of Khyber Pakhtunkhwa. Permits in KPK end up being vague as the area of operation often ends up expanding across provincial and/or district borders. Process mining here is significantly to inspect skipped task, resource, throughput time, and decision point based on basic rules … 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 industry with their own policies, regulations and taxes. This act forms the basic framework of mining regulation in India. 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. 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 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. (c ) Import/Export regulations/matters for foreign companies. The Khyber Pakhtunkhwa Land Acquisition (Mines)(Amendment) Act,2019. 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. Process mining here is significantly to inspect skipped task, resource, throughput time, and decision point based on basic rules … 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. corruption in Indonesia”, APSA Pre ... "Kantor Pusat KPK - 2015" by Ya, saya inBaliTimur is licensed under CC BY-ND 2.0 . This site is developed only for informational purposes and is subject to the Disclaimer. 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. (f) Advice on Legal aspects of health and safety in mines and provision of emergency evacuation in case of accidents. 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. Adoption of IFRS 15 PCL ) is the premier institution for legal education in Pakistan drawing up to visitors! Pcl ) is the premier institution for legal education in Pakistan is perceived to without. 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