Supreme Court in its judgements in Karnataka and Goa cases, has interalia held that that waste and overburden from mining leases is not permitted be dumped outside of lease area. It held that even if Rules do permit the same, it is violates the MMDR Act. By implication, it meant that all tailing dumps as well as mineral benefiction plants etc cannot be located outside of mining lease area.
Following these judgments, there was lot of apprehension in the mining industry due to the fact that tecno-economically it was impossible to comply with this diktat. Various options to solve this imbroglio were examined by the domain experts and in the Government. Finally, in its wisdom, the Ministry of Mines decided not to amend the MMDR Act but make do with bringing out a new set of Mineral Concession Rules where additional (non-mineralised) area will be added to the mining lease. The moot question now is that will this not still be violative of Section 5(2) of the MMDR Act which stipulates that "No mining lease shall be granted by the State Government unless it is satisfied that there is evidence to show existence of mineral concents in the area for which the application for mining lease has been made......"
Another aspect that will agitate the industry is whether after additional area is added to the Mining Lease, will it not require fresh EC? Only time will tell. However, the comments from the domain experts are welcome.
The newly notified Mineral (Other than Atomic and Hydrocarbon Energy Minerals) Concession Rules, 2016 can be downloaded from http://www.dgms.net
WebMaster
Posted by: minsafety@yahoo.co.in
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Directorate General of Mines Safety, Ministry of Labour & Employment, Govt. of India
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