Regulatory & Legal Review of Minerals Sector, Khyber Pakhtunkhwa

 

1.    Position Title & Department:

Legal Expert (STTA) - Business Enabling Environment Component, SMEA project.

 

2.    General Summary:

The Pakistan Small and Medium Enterprise Activity (SMEA), is a 5-year, $35 million project, that is aimed at improvement of financial and operating performance of small and medium enterprises (SMEs) in Pakistan in selected high-performing industrial, manufacturing and services sectors. 

Creating an enabling business environment is one of the core work streams of this project. As such, the Project engaged with the Government of Khyber Pakhtunkhwa to identify key areas of collaboration. The Provincial Government has announced its Minerals Policy last year and developed the institutional and regulatory frameworks required to implement the policy.

Pakistan is endowed with extensive geological potential but unlike other developing countries with such potential, it has not yet been able to promote growth and alleviate poverty by exploiting its natural resources to the maximum extent possible.  The country's mining industry is dominated by the public sector and there has been little or no modern exploration with the benefit of large-scale private sector investment and foreign investors with modern management, capital and technical know-how.

Proper mine/quarry management and investment is constrained across much of the country due to ineffective mining concessions, resulting in weak regulation and enforcement of mining lease agreements. As a consequence of the above, industry best practices have not been introduced and meaningful investment in technology and expertise has not been made.

As a matter of Constitutional authority, mining in Pakistan is a topic of provincial authority; each province including Khyber Pakhtunkhwa (KPK) maintains its own set of policies, rules and institutional arrangements that, while similar, distinctly reflect the manner in which provincial sector operations are functioning. Thus, in order to capitalize on the natural mineral endowments of Khyber Pakhtunkhwa (KPK) keeping in line with the updated provincial policy framework, a review of the provincial mining regime will be undertaken. The recommendations will support and be informed by KP’s objectives and priorities, as specified in the KP Integrated Growth Strategy 2014-2018. This review and analysis based on KP’s strengths and constraints will be complementary to National Minerals Policy.

3.    Objective of the Consultancy:

   

4.    Principal Duties & Responsibilities:

• Review the relevant literature, including some which will be provided
• Review all legislation and rules directly and/or indirectly governing the mineral sector in KP
• Meet with key stakeholders, including private and public sector players, of the mines and minerals sector to complete the scope of the activity.
• Work in close coordination with the Minerals Development Department, KP

 

5.    Specific Tasks of the Consultant:

The specific tasks under this consultancy include;

• Undertake a comprehensive review and assessment of the minerals sector in KP. In particular, review the following documents shared by the Directorate of Minerals;

1. Minerals of Auction Rules

2. Royalty Auction Rules

3. Regulation & Enforcement Rules

4. Minor Minerals Permit Rules

5. Mineral Titles Management Rules

6. KP Minerals Policy

7. Minerals Sector Governance Act 

• An objective evaluation and advisory review of the regulatory framework for minerals sector in KP
• Draft a Review Report that documents the findings and make recommendations that will inform the Government for further revision and action.

6.    Job Qualifications

The consultant should be a lawyer with an experience of at least 15 years, especially pertaining to the analysis and drafting of legislation, regulations, rules and by-laws. The consultant must have prior experience in drafting legislation, rules, and regulations for the mineral sector. Previous experience of working with USAID projects in the area of economic growth will be preferred

7.    Duty Station:

The consultant will be based in Peshawar/Islamabad and will be working closely with the BEE team. In case of non-availability of a suitable resource, we could look into the possibility of hiring a consultant based in another city.

 8.    Workspace and Use of Personal Laptop and Software(s):

The consultant will be required to use his own personal laptop and must certify that all software used are genuine and licensed; to ensure that the project’s IT resources are protected from accidental destruction or deliberate attempts at sabotage by computer viruses and other hazards.

9.    Reporting:

The work of the consultant will be supervised by the Senior Policy Advisor along with the Policy Analyst. The consultant will be required to report to the Senior Policy Advisor and/or his designee.

 

10.  Duration of the Assignment:

This job is planned to take place as per a start date of on or around 2^nd April, 2018, and end date of on or around 5^th May, 2018, (subject to date of mobilization) hereto for a total level of effort (LOE) of 7 person days. The total LOE will be spread over a month.

 

11.  Deliverables:

The following are the key deliverables and their associated deadlines. The final deliverable of this assignment is the Review Report. The timeline for the LOE assigned for each activity as mentioned in the following table will be discussed and agreed with the technical team and the consultant.

No.	Activity	LOE (person Days)
1	Interview and meet with the Senior Policy Advisor & BEE Team to understand the scope of the assignment.	1
2	Meetings and discussion with relevant Government Departments in KP to develop institutional understanding	3
3	Preliminary Findings	1
4	Regulatory & Legal Review	Within 1st week
6	Review Report	April 30,2018