Favoured with tremendous mineral assets and with the developing interest for metals and minerals, mining is one of the key drivers of the Government’s ‘Make in India’ program. There has been a coordinated exertion by the Government to facilitate the administrative obstacles in working together in different divisions and the mining segment has been no special case. The Mines and Minerals (Development and Regulation) (“Act”), which sets out the administrative structure for the mining part in India, was altered on sixth May 2016 to empower particular exchange of mining concessions gained through the non-sell off course.
Exchange of mineral concession rights:
“Mineral Concession” incorporates all digging leases for prospecting territories on an elite or non-select premise or for setting up a mining plant, gained through closeout or through the non-sell off course, which was not already permitted. Presently, post this 2016 revision, any mineral concession rent might be exchanged according to the technique set down in the Act.
The revision came after the focal government got portrayals from industry affiliations that the progressions achieved by the 2015 correction precluded exchange of mining concessions procured through the non-closeout course, while such exchange was allowed for concessions conceded through the sale course.
Meaning of Leased Area:
The meaning of the expression “rented zone” has likewise been incorporated into the Act vide the 2016 change. This was required post the Supreme Court judgments in the instances of S.P. Samudaya v. Province of Karnataka (2013) and Goa Foundation v. Association of India (2014). While in SP Samudaya the Court held that dumping of waste should be possible outside the rented zone if the assention for the mineral concession accommodated the same, in the Goa Foundation case it held that dumping of waste must be done inside the rented territory itself. This not just made vagueness in the extent of ‘rented zone’ yet additionally dumping waste inside the rented territory suggested the instalment of eminence for the same.
The “rented zone” alludes to the region determined in the mining concession inside which mining tasks can be attempted and also the non-mineralised territory required and endorsed for the exercises falling under the meaning of “mine”. The meaning of ‘mine’ does not cover dumping of waste. Henceforth, holders of mining concession will now have the capacity to completely abuse the zone rented to them without paying any additional eminence for dumping waste in the contiguous zone.