Regulatory and Legal Review of Minerals Sector, Khyber Pakhtunkhwa

The Act and Policy provide the foundation for the subsidiary rules framed by the Khyber Pakhtunkhwa Department of Mines and Minerals. These rules include the Minerals Auction Rules, Regulation & Enforcement Rules, Mineral Titles (Large and Small Scale Mining) Governance Rules, Royalty Auction Rules, and Minor Minerals Permit Rules. The Minerals Auction Rules outline the procedures for auctioning mineral concessions, while the Regulation & Enforcement Rules detail the mechanisms for regulating and enforcing compliance with the Act and Policy. The Mineral Titles (Large and Small Scale Mining) Governance Rules govern the issuance and management of mineral titles, and the Royalty Auction Rules specify the procedures for auctioning royalties. The Minor Minerals Permit Rules provide the framework for issuing permits for the extraction of minor minerals. A review of the KP Mineral Sector Governance Act, 2017, and the KP Mineral Policy, 2014, reveals that the Act has been reviewed in the light of the relevant provisions of the Mineral Policy, 2014. The defects and deficiencies in the Act have been highlighted for further necessary action by the department. The subsidiary rules have been reviewed on the basis of the relevant provisions of the Act and Policy, and necessary amendments or modifications have been suggested to bring these rules in conformity with the parent Act. The study findings indicate that the KP Mineral Sector Governance Act, 2017, and the KP Mineral Policy, 2014, provide a comprehensive framework for the regulation and governance of the minerals sector in Khyber Pakhtunkhwa. However, the subsidiary rules require amendments or modifications to bring them in conformity with the parent Act. The study recommends that the department of mines and minerals should take necessary action to address the defects and deficiencies in the Act and Policy, and to implement the recommended amendments or modifications to the subsidiary rules. The study also highlights the importance of effective regulation and governance of the minerals sector in Khyber Pakhtunkhwa. The sector has the potential to contribute significantly to the economic development of the province, but it requires a robust regulatory framework to ensure that the extraction of minerals is carried out in a sustainable and responsible manner. The study recommends that the department of mines and minerals should take steps to strengthen the regulatory framework and to ensure that the sector is governed in a transparent and accountable manner. The study was conducted by Dr. Dil Mohammad Malik, who was commissioned by Chemonics International under the USAID Small and Medium Enterprise Activity. The study was funded by the United States Agency for International Development (USAID) and was conducted in August 2018. The study provides a comprehensive review of the regulatory and legal framework governing the minerals sector in Khyber Pakhtunkhwa, and makes recommendations for strengthening the regulatory framework and ensuring that the sector is governed in a sustainable and responsible manner.