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Ordinance ends discretionary powers of KP officials on mine licensing

By Manzoor Ali 2016-08-12
PESHAWAR: The Khyber Pakhtunkhwa government has promulgated the KP Mines and Mineral Development and Regulation Ordinance 2016 to do away with the discretionary powers of officials at district level on exploration licensing and create an authority to facilitate investment in the sector.

It also announced it was going to lift the ban on fresh mine explorations in the province.

A media briefing was organised at the Chief Minister`s House here on Thursday about the ordinance with Chief Minister Pervez Khattak and mines minister Anisa Zeb Tahirkhell in attendance.

The government claimed the ordinance, which repealed the mines and mineral related portion of the Regulation of Mines and Oilfield and Mineral Development (government control) Act 1948, would help better regulate the mines and mineral sector in the province.

Though the ordinance was issued on July 25 as disclosed by the CM, the government kept under wraps and even its copies were emailed to journalists after the briefing.

It is the third ordinance promulgated by the government since July 22. Ironically, the provincial assembly has been in session since August 3.

On July 22, the government hadpromulgated an ordinance to take over the Sarhad Development Authority assets by the KP Economic Zones Development and Management Company, while the Police Ordinance was issued on August 1.

Mr. Khattak defended the practice saying it provides the government with a window to test loopholes in the law without wasting time, as it takes too much time in the assembly.

He said under the new law, income of the department would jump to Rs2 billion from the current Rs700 million.

Section 3 of the ordinance provides for the setting up of the KP Mineral Investment Facilitation Authority to be headed by the relevant minister and have 13 members.

`The authority will provide strategic leadership and guidance to the department and lay down policy for investment and program for mineral sector development besides others functions. The committee will meet four times a year.

Section 6 of the ordinance provides for the formation of the KP Mineral Titles Committee to be headed by the secretary for mines and mineral development department and having six other members.

The committee will be tasked with granting licences and mining leases and their cancellations; lying down process and procedure for awards of licenses and mining leases and supervision and regulation of mining operations in the province through specißc or general written instruments and over-seeing enforcement of laws, rules and regulations relating to mines and minerals in the provinces besides other duties.

Under the section 9 of the ordinance, two types of licenses including reconnaissance license for a period of one year over an up to 1000 square kilometers and exploration licenses for a period of five years overan areaup to500 square kilometers.

Schedule V of the ordinance lists offences which require court trial while schedule VI lists offences where challan could be issued.

Ms Tahirkheli told reporters that the mining department was earlier run under 1948 Act, which did not met current requirements.

She said KP had been the first province to enact its own law since the subject had been devolved to provinces following the 18th amendment.

The minister said the new law laid down greater emphasis on transparency and will encourage investors. 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.

She said the new law suggested punishment for violations.

The minister said under the law, the department had also done away with discretionary powers enjoyed by small-time officials at district level and the leasing power would be exercised by a committee headed by the relevant secretary.

`Under the law, a lease holder cannot get license for more than three sites at a time. It takes toomuch time to pass an act from the assembly so we`ve to issue an ordinance,` she said.

Ms Tahirkheli said a notification would be issued by Friday to end the ban on the mining explorations in the province,` mines minister Anisa Zeb Tahirkhell said.

The issuance of new licences for mineral exploration was banned in July 2013.

ILLEGAL AFGHANS` REGISTRATION: Chief Minister Pervez Khattak also said the registration of illegal Afghans was likely to start in coming october.

He said the UNHCR would provide funds for the purpose.

The CM said the decision to repatriate Afghan refugees was made by the federal government after the grant of extension for another three months in their stay in the country.

He said the government would make a system for Afghan nationals interested in doing business in the province or wanted to live here.

Meanwhile, PTI chief Imran Khan on Thursday called for the immediate end to the harassment of Afghan refugees.

In a tweet, he said he met elders of Afghan refugees and learned about harassment of refugees.

He said he also asked the KP chief minister to meet those elders to ensure the immediate resolution of their problems.

`International conventions make it clear that the states can`t simply force refugees to return. We must realise no one leaves their homes voluntarily,` he said.

The PTI chief said Pakistan had extended hospitality to Afghan refugeesforthree decades.