PESHAWAR: Even before a new mining authority is formed in Khyber Pakhtunkhwa, controversy has started over the proposed Khyber Pakhtunkhwa- KP Mines and Minerals Act 2025 after the ruling party divided over the proposed law.
Let’s look at what the Pakistan Tehreek-e-Insaf-led government has proposed in the bill presented to the KP Assembly.
The draft Khyber Pakhtunkhwa Mines and Minerals Act 2025 consists of 139 pages. It proposes creating a new authority to make mining transparent and efficient using modern methods.
New authority for mineral development
The bill introduces the Khyber Pakhtunkhwa Mineral Development Authority. The mineral authority will oversee mineral protection, mining licenses, and permits.
It will also create district-level committees to ensure local monitoring. These committees will include representatives from the mineral association, mine owners, and civil service officers.
Mines and Minerals Force
The proposed KP Mines and Minerals Act 2025 proposes formation of a special police force for mines and minerals. The aim of the special force to combat illegal mining and stop the mafia occupying minerals. According to the proposed bill, the new force will have a regular uniform, which will have the power to register FIRs, make arrests and halt illegal mining.
Mineral Investment Facilitation Authority
An Investment Facilitation Authority will also be established to improve and secure investment in minerals under the Khyber Pakhtunkhwa Mines and Minerals Act. It will provide opportunities for investment and also guide the department in overcoming financial difficulties. Seminars and workshops and awareness campaigns for the promotion of mineral investment will also be supervised by the authority.
An Investment Facilitation Council will be established for strategic minerals and foreign investment, which will give regular approvals.
Establishment of appellate tribunal
Under the proposed bill, an Appellate Tribunal will be constituted under the chairmanship of a retired judge of the Peshawar High Court to resolve and redress any issues related to mine licensing or lease. Retired judges will be appointed to hear cases of illegal mining and license cancellation in the tribunal.
Strategic minerals
According to the proposed Khyber Pakhtunkhwa Mines and Minerals Bill, mineral resources have been divided into three categories
A licensing procedure has been formulated for major minerals, minor minerals and strategic i.e. important minerals. Various conditions have also been laid down for mining these mineral resources which will come into force after the establishment of the authority.
Major minerals include those mineral resources which are present in large quantities everywhere, while strategic mines and minerals include those minerals which are of geographical importance. Strategic mines and minerals are those that are very important for national defense, economic stability and development.
These mineral resources include those minerals whose foreign exchange can benefit the national economy.
Digital license
The new law also proposes e-licensing for transparent leasing of mineral resources and distribution of licenses digitally, under which the contractor will be provided with a permit according to merit, while the name and registration number of the recipient will be available online on the website.
Environmental Management Plan
An important part of the Khyber Pakhtunkhwa Mines and Minerals Act 2025 is the Environmental Management Plan, which takes into account the environmental damage caused by mining and the risks faced by the local population. According to the proposed draft, before any civil resource, the location will be assessed from environmental aspects, for which a local committee Community Development Agreement will be formed.
The local committee, in collaboration with the Department of Minerals, will decide on safe mining after considering the concerns of the people and the natural hazards faced. The committee will ensure that the royalties generated from minerals are spent on the welfare of the local area.
Reservations about the new act
After the approval of the Khyber Pakhtunkhwa Mines and Minerals Act by the cabinet, opposition came from the Mines and Minerals Association.
They expressed reservations about the KP Mines and Minerals Act 2025 and demanded that it be stopped from being passed. Afsar Khan, provincial president of the Khyber Pakhtunkhwa Mines and Minerals, told Urdu News that the provincial government has prepared the law without consultation and without taking suggestions from any stakeholder. “It is surprising that after the approval of the act from the cabinet, we were informed and it was presented in the assembly the next day.”
He says that he has no objection to the legislation of Mines and Minerals, nor is he opposed to making the monitoring procedure transparent. “We want all stakeholders to sit down and consult on this.”
According to Afsar Khan, provincial president of the Mines and Minerals Association, strategic minerals are a federal subject on which no one has any reservations, but under the new act, mines have not been determined and which minerals have been declared strategic.
He said that it would have been better if strategic mines and minerals had been determined in advance.
He further said that if we look at the new law of the provincial government, local investors will not be able to invest after ten years. They will be out of the mining sector as per the new laws.
Afsar Khan said that difficulties have been created for investors in the new Mines and Minerals law.
CM Gandapur’s response
Chief Minister Khyber Pakhtunkhwa Ali Amin Khan Gandapur said in a video statement that the province’s mineral resources are a valuable asset of the people, there will be no compromise on their protection and provincial autonomy.
‘Some elements are deliberately spreading false and misleading propaganda against the bill, which has nothing to do with reality. The provincial government will defend the rights of the province at all levels, the bill aims at transparency, development and protection of public interest.’
On the other hand, provincial spokesperson Barrister Saif said in his position that ‘if we do not recognize the federal government, how can we give provincial powers to the federation, the proposed bill is not a secret matter, it will be discussed in the assembly.’
It should be noted that Imran Khan’s sister Aleema Khan had made a statement that the release of the founding chairman of the Tehreek-e-Insaf was conditional on the approval of the Khyber Pakhtunkhwa Mines and Manzil Act.
