National Mineral Policy 2006 - Department of Mines

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issues relate to fund raising by prospecting companies, captive mining in iron ore, restrictionson iron ore exports, and opening up of the beach sand mineral sector. Chapter 8 lists the mainconclusions and recommendations of the Committee.8. While the Committee’s Report takes into account the presentations, reports, and otherdocuments submitted to it by the various stakeholders, the Committee’s recommendationsseek to resolve the conflicting views of the stakeholders in the best economic interests of thecountry. Where it has not been possible to harmonise differences among stakeholders therecommendation has been based on the majority view. Individual members had the option toappend dissenting notes. Only one such note was received, which is provided at Annexure 3.4
Chapter 1National Mineral Policy and MMDR Act(Term of Reference no. 1)To review the National Mineral Policy, 1993 and the Mines and Minerals (Development andRegulation) Act, 1957 and suggest the changes needed for encouraging investment in publicand private sector in exploration and exploitation of mineralsEVOLUTION OF MINING POLICY AND LAW1.1 The Mineral Policy Conference held in January 1947 resulted in the enactment of theMines and Minerals (Regulation and Development) Act, 1948, the first legal framework inindependent India for the regulation and development of mines. The conference also resultedin the establishment of the Indian Bureau of Mines (IBM) in March 1948 as the mainregulatory agency for monitoring and supervising mining activity in the country. With theadoption of the Constitution of India on 26 January 1950, the legislative powers of theCentral government and the state governments were clearly defined. Entry 54 of List I in theSeventh Schedule of the Constitution empowered the Central government to regulate miningactivities and the development of minerals. Entry 23 of List II in the Seventh Scheduleempowered the state governments to frame rules and regulations in respect of miningactivities and mineral development, subject to the provisions of List I.1.2 The Industrial Policy Resolution, 1956 (IPR) put major minerals such as coal, lignite,mineral oils, iron ore, copper, zinc, atomic minerals, etc. in Schedule A, which was reservedexclusively for the public sector, and minor minerals in Schedule B, in which the privatesector was allowed to participate in mining activities along with the public sector. Inpursuance of the IPR, the Parliament enacted the Mines and Minerals (Regulation andDevelopment) Act, 1957 for the regulation of mines and development of minerals, applicableto all minerals except mineral oils. Two Rules, viz. MCR and MCDR, were framed under theAct. While the MCR deals with the major minerals the state governments are free to frametheir own rules for mineral concessions with respect to minor minerals. Accordingly, moststates have framed their own minor Mineral Concession Rules.1.3 The Mines and Minerals (Regulation and Development) Act, 1957 was first amendedin 1972, enhancing government control over mining through such measures as premature5
Page 2 and 3: National Mineral PolicyReport of th
Page 4 and 5: ContentsAcronyms...................
Page 6 and 7: Annexure 5: Using the GRI Guideline
Page 8 and 9: GDP gross domestic productGIS Geogr
Page 10 and 11: UNFCUSVATWCUUnited Nations Framewor
Page 12 and 13: Introduction1. The Government of In
Page 16 and 17: termination of MLs, lowering of cei
Page 18 and 19: • In the case of large mining ope
Page 20 and 21: investment. The work done by GSI co
Page 22 and 23: mainly for minerals of base metals
Page 24 and 25: 1.21 This situation has changed dra
Page 26 and 27: absent. A study by the United Natio
Page 28 and 29: example, a mining major may outsour
Page 30 and 31: would otherwise remain unexploited
Page 32 and 33: the policy environment must continu
Page 34 and 35: ‘A thrust is to be given to explo
Page 36 and 37: In reviewing the MMDR Act, it is ne
Page 38 and 39: permissible activities in order to
Page 40 and 41: (i)(ii)(iii)(iv)The current two-tie
Page 42 and 43: per plan should be significantly hi
Page 44 and 45: Duration of Concessions1.48 In the
Page 46 and 47: 10,000 sq. km in a state. This has
Page 48 and 49: (ii)(iii)(iv)The maximum total area
Page 50 and 51: e obviated if the lease deed is exh
Page 52 and 53: elinquishment of areas by the lesse
Page 54 and 55: to give priority to the prior appli
Page 56 and 57: (v)(vi)(vii)Rules should be prescri
Page 58 and 59: esponsible for all rights, liabilit
Page 60 and 61: ut also the revenue generated from
Page 62 and 63: government at the Secretariat. A le
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Secretary. If the Directorate is in
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(i) All applications for mineral co
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application. A similar website shou
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concerned State Government (or othe
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Further, Rule 7D of the MCR specifi
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mission mode through, inter alia, t
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Chapter 3Forest Conservation and En
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conservation. There are trade-offs
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ICMM AND SDF3.8 The ICMM membership
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higher level. The basic approach is
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(i) To minimize displacement and to
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affected PAPs in the mining operati
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that a well-regulated and responsib
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(iii)Notwithstanding the above, sur
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egard, all ‘forest’ land must b
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Figure 3.1: Procedure for Processin
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should be authorised to grant or re
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formulation and appraisal of the EI
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3.41 Recognising the need to make t
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Figure 3.3: Public Hearing/NOC from
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Chapter 4Infrastructure Needs and F
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4.5 Logistics is the key to access
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Table 4.1: Mineral Production in In
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necessary, therefore, that in infra
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to the ports of Haldia and Paradip
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Connectivity of Major Ports, brough
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(iv)(v)(vi)(vii)At Visakhapatnam Po
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was of the opinion that while the m
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such an arrangement, the Ministry o
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developed, controlled, and run by s
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subject to overt and covert restric
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consideration to the end use of the
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(iii)parameters laid down in existi
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Chapter 6Augmenting State Revenues(
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the value addition question conside
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In a system of ad valorem rates of
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must provide revenues sufficient to
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Box 6.1: Methods of Valuation of Ro
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Another point to be borne in mind b
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ailable, cognisable criminal offenc
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e worked out. This should be string
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7.3 Considering the high-risk natur
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Table 7.2: Minimum Listing Requirem
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(ii)(iii)only. Such funds have not
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addition, the minimum post-issue fa
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and hence this ore should be conser
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miners distort the market for their
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7.22 The current law does not make
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is mostly of low grade magnetite. H
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Most magnetite findings are entirel
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in UK 206 kg, and in China it grew
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metres. The use of down hole drill
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7.42 Despite the fact that SME mini
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also be a consideration. However, t
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price, reduce profitability, and pu
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IMPACT ON DOMESTIC IRON ORE PRICES
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7.58 Export of iron ore fines on a
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POLICY ON BEACH SAND MINERALS7.64 B
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not contain more than 0.1 per cent
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7.73 On 18 January 2006, the DAE no
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with the Centre is mainly to ensure
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India enterprise) reported that the
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chloride process pigment technology
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are disposed of in the mined-out ar
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directed to ensure that the AERB/AM
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would have to be carefully drafted
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‘In coordination with the Geologi
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Exploration Licences• The current
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• The fees should be significantl
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surveys have been undertaken, the P
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automatic until the exhaustion of t
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y stating in the MMDR Act that a pr
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departmental representative for sec
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therefore (under Rule 63A), pass su
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• Section 12(1) of the MMDR Act s
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o The lessee should not be asked to
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again and the State Mines Departmen
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• As in the past, no environmenta
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oad and rail, and lack of long-term
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government to the applicants who ar
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next three-year period as well. In
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• Rates of dead rent should be ra
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measure to provide a level playing
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• In respect of three titanium be
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No-I&M-25(3)/2005Government of Indi
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No-I&M-25(3)/2005Planning Commissio
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‘Efforts would also be made to gr
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ecommending amendments to the Act a
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etained as a Prescribed Substance u
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OthersShri Arvind VarmaEx-Secretary
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16. Reserve Bank of India17. M/s Ji
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the RP holders in areas beyond 25 s
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Appendix ERecommendations of the Ex
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(1) Provide proximate and strategic
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technology to enter the Indian stee
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Cross-country Comparison of Mining
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Appendix F (cont.)Country Mining La
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Cross-country Comparison of Mining
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Appendix G (cont.)Country Mining le
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CountryAppendix H (Cont.)Environmen
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AustraliaIndonesia 9 4 Not specifie
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Annexure 1 (cont.)Geologicalenviron
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operations are undertaken over a fa
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B. After Rule 54 of the Mineral Con
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the Central Government to entertain
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applications, could exercise the ju
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We most humbly request that the abo
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Annexure 4The 2002Sustainability Re
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While unique in its coverage and pr
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• facilitate comparability• add
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AssuranceJust as investors look to
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The Guidelines are structured in fi
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There are many aspects relevant for
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- Issues in which community partici
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Annexure 7Royalty Accruals on Miner
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Sl.No.MineralAnnexure 8 (cont.)2003
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Annexure 91 THE SECOND SCHEDULE 1(S
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(v) Group V Coals:(a) Non-Coking Co
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23. Iron Ore:(i) Lumps:(a) with 65
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45. Tin Five per cent of London Met
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International Comparison of Royalty
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Production, Consumption, Exports, a
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