Are mining activities carried out as per the legal provisions and procedures or is there a conflict between the laws? This was one of the discussions at the National Council today.
The discussion was a follow-up of the 10th Session of the first National Council which broadly covered three issues, mining areas, impact of mining activities and prospect of centralising mining.
However, the issues of the legality of banning mining activities saw a lengthy discussion in the parliament where most of the members noted there is a conflict in legislations.
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The legal conflicts were on the provisions given under both the Mines and Mineral Management Act 1995 which allow the Government and Dzongkhag Tshogdu, under the Local Government Act 2009, the rights to ban mining activities.
The Natural Resources and Environment Committee, after the discussion, recommended the Legislative Committee to make a thorough review of all relevant laws and submit the findings to the parliament since the issues involve legal aspects.
The National Council also discussed on the correspondence between the House and the Cabinet Secretary on mining ,at length. Many members expressed disappointment over the three-point response the House has received from the Cabinet Secretary.
The letter from the Cabinet Secretary had stated that they acknowledge the role of the National Council as the House of Review. However, it goes on to say that it is not the mandate of the Upper House to issue an order and directives. It had also said that they did receive NC’s eight resolutions on mining. However, since the government got dissolved, they said, they hadn’t done a follow-up.
A member pointed out that it is the lack of knowledge on the existing laws in the light of the democratic constitutional monarchy, on the part of cabinet secretary’s that may have led to the letter.
The Chair and Deputy Chair of the National council said they have taken up the issue with the Prime Minister on the similar letters they have received from the ministries. Meanwhile, the Prime Minister has assured to take a look at it.
