Comment: The Khyber Pakhtunkhwa Mining of Minor Minerals from River Bed Rules, 2022

The Khyber Pakhtunkhwa Mining of Minor Minerals from River Bed Rules, 2022, establish a comprehensive framework for the mining of minor minerals from river beds, nullahs, streams, and abandoned streams within the province. These rules, notified on January 13, 2023, aim to ensure the sustainable extraction of minerals while safeguarding environmental and public interests. Below, we provide an in-depth analysis of the key provisions and implications of these rules.

Preliminary Provisions

1. Short Title, Application, and Commencement:
   • These rules are officially titled “The Khyber Pakhtunkhwa Mining of Minor Minerals from River Bed Rules, 2022.”
   • They apply to all activities involving the mining of minor minerals in river beds, nullahs, streams, and abandoned streams within Khyber Pakhtunkhwa.
   • The rules came into force immediately upon notification.
2. Definitions:
   • The rules provide specific definitions for terms used throughout the document. Notably, terms such as “Act,” “Chairperson,” “Committee,” and “cluster” are defined to ensure clarity and consistency in their application.

Procedure for Mining of Minor Minerals

3. Committee for Identification of Blocks:
   • A district-level committee is established to identify feasible blocks or areas for the extraction of minor minerals. This committee includes representatives from various departments, including district administration, irrigation, communication and works, revenue and estate, and environmental protection.
4. Guidelines Governing Block Formation:
   • The committee is tasked with examining cluster situations, reducing contiguous cluster situations, maintaining buffer distances between mining blocks, and ensuring that mining activities do not negatively impact critical infrastructure such as bridges and highways.
5. Committee Meetings:
   • The committee meets as required, with the Chairperson presiding over the meetings. Decisions are made by majority vote, and minutes of the meetings are maintained for record-keeping and transparency.

Conditions Governing Mining Activities

6. Extraction of Minor Minerals:
   • Lessees are required to extract minerals from identified blocks, adhering to all formalities and regulations stipulated in the Act and relevant rules.
7. Conditions for Mining Activities:
   • Specific conditions are set for mining activities, including proper demarcation of leased areas, prohibition of diversion or obstruction of natural water courses, restrictions on mining depths and distances from river banks, and removal of debris post-mining.
8. Removal of Sheds and Pathways:
   • Post-extraction, lessees must remove sheds and level roads or pathways constructed for mining purposes to ensure unobstructed natural water flow.
9. Mining Near Strategic Locations:
   • Mining operations near strategic locations or public infrastructure must comply with specified distances and additional provisions of the Act to prevent any adverse impact.
10. Maintenance of Records:
    • The Assistant Director of Minerals Development is responsible for maintaining all records related to mining activities within their district.
11. Penalties for Violations:
    • Lessees violating the provisions of these rules are subject to penalties, including fines and potential cancellation of leases after due notice.
12. Incorporation of Conditions in Work Orders:
    • All conditions and restrictions governing mining operations must be included in each work order issued to lessees to ensure compliance.

Key Considerations and Implications

• Environmental Protection: The rules emphasize the need to protect the environment by prohibiting activities that may cause erosion, obstruction of natural water flow, or damage to infrastructure.
• Regulatory Oversight: A multi-departmental committee ensures that mining activities are well-regulated and sustainable, involving key stakeholders in decision-making.
• Transparency and Accountability: The inclusion of clear guidelines, conditions, and penalties fosters a transparent and accountable mining process.
• Community and Infrastructure Safety: By maintaining safe distances from infrastructure and strategic locations, the rules prioritize the safety of communities and public assets.

These comprehensive regulations reflect Khyber Pakhtunkhwa’s commitment to sustainable mineral extraction, balancing economic benefits with environmental stewardship and public safety.

Critique of The Khyber Pakhtunkhwa Mining of Minor Minerals from River Bed Rules, 2022

The Khyber Pakhtunkhwa Mining of Minor Minerals from River Bed Rules, 2022, have been formulated to regulate the extraction of minor minerals from river beds, nullahs, streams, and abandoned streams within the province. While these rules aim to ensure sustainable and regulated mining practices, several critical points highlight areas where the rules could be improved to better align with international standards and address potential shortcomings.

Environmental Concerns

1. Insufficient Environmental Safeguards:
   • Although the rules specify conditions to prevent erosion and obstruction of water flow, they lack comprehensive environmental impact assessments (EIA) as a mandatory requirement before granting leases. The current stipulations may not fully account for long-term ecological impacts or cumulative effects of multiple mining operations within a river system.
2. Buffer Zones and Depth Restrictions:
   • The rules mandate a maximum mining depth of three meters and specific distances from river banks. However, these provisions may not be adequate to prevent all forms of environmental degradation. More stringent and scientifically backed guidelines are necessary to ensure the protection of aquatic ecosystems and biodiversity.

Regulatory and Administrative Issues

3. Decentralized Decision-Making:
   • The establishment of district-level committees to identify mining blocks could lead to inconsistent enforcement and varying standards across districts. A more centralized approach with standardized criteria and oversight could enhance uniformity and compliance.
4. Potential for Administrative Overreach:
   • The rules provide significant discretionary power to the Assistant Director, Minerals Development, and the district committees. This discretion could lead to arbitrary decisions and potential misuse of authority. Clearer guidelines and checks and balances are necessary to mitigate such risks.

Economic and Social Considerations

5. Community Involvement and Transparency:
   • The rules do not sufficiently emphasize the involvement of local communities in the decision-making process. Given that mining activities can significantly impact local populations, there should be provisions for public consultations and community consent to ensure transparency and address local concerns.
6. Impact on Livelihoods:
   • The potential socio-economic impact on communities dependent on the river ecosystem for their livelihoods is not adequately addressed. Comprehensive social impact assessments should be mandated to evaluate and mitigate adverse effects on local populations.

Legal and Operational Gaps

7. Penalty Provisions:
   • While penalties for violations are outlined, the enforcement mechanisms and the effectiveness of these penalties in deterring non-compliance are questionable. There should be clearer enforcement strategies and mechanisms to ensure compliance with the rules.
8. Lack of Provisions for Conflict Resolution:
   • The rules do not provide robust mechanisms for conflict resolution between mining operators and local communities or between different stakeholders. Establishing clear and accessible avenues for addressing grievances and disputes is essential for maintaining harmony and fairness.

Recommendations for Improvement

1. Mandatory Environmental Impact Assessments:
   • Introduce mandatory EIAs for all mining operations, regardless of their scale, to ensure thorough environmental scrutiny and sustainable practices.
2. Centralized Oversight and Standardization:
   • Implement centralized oversight with standardized criteria for block identification and lease approvals to ensure uniformity and prevent administrative overreach.
3. Enhanced Community Involvement:
   • Mandate public consultations and community consent for all mining projects to ensure transparency and address local concerns effectively.
4. Strengthened Penalty and Enforcement Mechanisms:
   • Develop more stringent penalty provisions and robust enforcement mechanisms to ensure compliance and deter violations.
5. Comprehensive Socio-Economic Assessments:
   • Conduct thorough social impact assessments to evaluate and mitigate the adverse effects of mining on local communities and their livelihoods.
6. Conflict Resolution Mechanisms:
   • Establish clear conflict resolution mechanisms to address grievances and disputes fairly and efficiently.

In conclusion, while The Khyber Pakhtunkhwa Mining of Minor Minerals from River Bed Rules, 2022, lay a foundation for regulated mining practices, there are significant areas for improvement. Addressing these gaps through enhanced environmental safeguards, centralized oversight, community involvement, robust enforcement, and comprehensive socio-economic assessments can lead to more sustainable and equitable mining practices in Khyber Pakhtunkhwa.