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Mines and Minerals (Development & Regulation) Amendment Act



  Dec 16, 2023

Mines and Minerals (Development and Regulation) Amendment Act, 2023



Mining Law to Allow Private Sector Participation in Critical Mineral Exploration

1. What is the Mines and Minerals (Development and Regulation) Amendment Act, 2023?

The bill amends the MMDR Act of 1957 to encourage private sector participation in exploring essential and deep-seated minerals. It designates six minerals, including lithium, as “critical and strategic,” previously reserved for government entities.

2. Why are these minerals termed “critical and strategic”?

These minerals, like lithium and cobalt, are essential for various industries such as clean energy technologies, manufacturing, and technological advancement. They are crucial in a nation’s drive towards net-zero carbon emissions.

3. What is the importance of lithium in the current global context?

Lithium is a key component in electric vehicle batteries and energy storage systems. With the global shift towards renewable energy and electric vehicles, the demand for lithium is significantly increasing.

4. How does India stand in terms of global rare earth reserves and output?

India possesses around six percent of the world’s rare earth reserves but contributes only one percent to the global output. This underutilization highlights the potential for growth in this sector.

5. What are deep-seated minerals, and why are they challenging to extract?

Deep-seated minerals, such as gold, silver, copper, zinc, lead, nickel, cobalt, platinum group elements (PGEs), and diamonds. These processes are notably intricate and capital-intensive, especially when contrasted with the more accessible surficial or bulk minerals.

6. What prompted India to amend its mining laws?

India’s reliance on imports for critical minerals, the vulnerabilities in global supply chains, and the need to develop domestic resources to support its technological and economic growth.

7. How does India’s alignment with the Mineral Security Partnership (MSP) benefit its mineral security?

Joining MSP, along with countries like the US, UK, and EU, helps India in collaborative efforts to reduce dependence on sources like China and ensure a more secure supply of essential minerals.

8. What is the scale of India’s import reliance for critical minerals?

India heavily relies on imports for minerals like lithium and cobalt. For instance, in FY 2021-2022, India imported lithium products valued at US$22.15 million and lithium-ion batteries worth US$1,791.35 million.

9. How does private sector involvement benefit the exploration of critical minerals?

The private sector brings in expertise, technology, and investment, crucial for exploring and extracting deep-seated and critical minerals efficiently and sustainably.

10. What are the broader implications of this bill for India?

This amendment is expected to boost domestic production of critical minerals, reduce import dependency, create jobs, and contribute to India’s ambition in clean energy technologies and manufacturing sectors.

11. How will this bill affect India’s economic progress and national security?

By securing its supply chains for critical minerals, India aims to strengthen its economic resilience and national security, especially in strategic sectors like defense, technology, and energy.

12. What challenges does India face in the mining sector post-amendment?

Despite the amendment, challenges like environmental concerns, technological requirements, and the need for sustainable mining practices remain paramount.

13. How does India plan to address environmental concerns in mining?

The government is expected to implement regulations and technologies to ensure environmentally sustainable mining practices while exploring and extracting these minerals.

14. What future prospects does the mining sector hold for India following this amendment?

With this strategic shift, India has the potential to become a significant player in the global supply of critical minerals, fostering economic growth and technological advancement.

Key Provisions of India’s Mines and Minerals Act 2023

The Mines and Minerals (Development and Regulation) Amendment Act, 2023, in India signifies a pivotal change in the country's mineral exploration and mining strategy. It introduces several key provisions aimed at boosting private sector involvement, contrasting with the existing MMDR Act of 1957. Below are the major aspects of this transformative legislation:

1. Broadened Reconnaissance Activities:

The current MMDR Act (amended in 2015) primarily includes preliminary reconnaissance activities like aerial surveys, and geological mapping. The 2023 Amendment Act expands this to incorporate sub-surface activities such as pitting, trenching, drilling, and excavation, previously off-limits. This enhancement allows private entities to engage in a more extensive scope of exploratory activities.

2. Exploration License (EL) Introduction:

The existing Act outlines permits for reconnaissance, prospecting, mining leases, and composite licenses. The Amendment Act, however, brings in the exploration license. This license facilitates either reconnaissance, prospecting, or both for specified minerals, covering a comprehensive list of 29 minerals. This includes precious metals like gold, silver, and atomic minerals, paving the way for deeper, private-led exploration.

3. Atomic Minerals Declassification:

Certain atomic minerals, once restricted to government-only exploration, are now accessible to private exploration under the Amendment Act. Minerals like beryl, beryllium, lithium, niobium, and tantalum have been declassified, indicating a strategic move to diversify India's mineral exploration and reduce import reliance.

4. Competitive Bidding for Exploration Licenses:

The Act mandates that exploration licenses be granted through competitive bidding managed by state governments, with the central government defining the auction framework. This ensures a transparent and fair process in the allocation of exploration rights.

5. Exploration License Terms:

Granted initially for five years and extendable by two, the exploration license allows operations within a maximum area of 1,000 square kilometers. Post three years, licensees can maintain up to 25% of the original area, subject to valid justifications.

6. Incentives and Geological Report Requirements:

Upon exploration completion, licensees must submit a geological report within three months. Discoveries of viable resources trigger a state-government-led auction for a mining lease, with the original licensee entitled to a share in the auction value, as determined by the central government.

7. Centralized Oversight for Critical Minerals:

The central government will conduct auctions for critical minerals like lithium and cobalt. This centralization underlines the focus on minerals essential for national economic growth and security, though the state government still retains concession-granting authority.

Overall, the Mines and Minerals Amendment Act, 2023, represents a concerted effort by the Indian government to involve private expertise and investment in mining and exploration. This Act is set to enhance India's mineral production, decrease import dependencies, and support the nation's ambitious clean energy and technological objectives.

Comparative Analysis of Surface/Near-Surface vs. Deep Earth Minerals:

Aspect Surface/Near-Surface Minerals (e.g., Lithium, Nickel, Cobalt) Deep Earth Minerals (e.g., Gold, Copper, Diamonds)

Key Examples Lithium, Nickel, Cobalt Gold, Copper, Diamonds

Industry Relevance Critical in modern technological applications, particularly in battery production for electric vehicles, consumer electronics, and renewable energy systems. Widely used in jewelry and electronics; gold and copper are significant in investment and various industrial applications. Diamonds are primarily known for their use in luxury items and significant industrial applications due to their hardness.

Extraction Difficulty Generally more accessible as they are often found near the surface or in saltwater. The extraction methods may vary but are typically less intensive compared to deep earth mining. Higher due to their deeper location within the Earth's crust. Requires advanced mining techniques, including underground mining and significant investment. Deep earth mining is often associated with more complex logistical and technical challenges.

Environmental Impact The environmental impact can be significant, especially in methods involving extensive land disruption or water-intensive processes. The impact includes habitat destruction and potential water pollution. Often has a high environmental impact due to the intensive mining required, which can include extensive land disturbance and potential for water and soil contamination. The depth and intensity of mining operations can lead to more pronounced ecological disturbances.

Economic Value High, driven by the increasing demand in emerging technologies, especially for clean energy solutions and electric vehicles. The strategic importance of these minerals in transitioning to green energy adds to their value. High, often associated with luxury items and high-tech applications. Gold and copper have significant industrial and economic value, while diamonds are valued both as luxury items and for their industrial uses. The rarity and demand for these minerals contribute to their economic value.

Geographical Spread Distributed globally, with certain countries dominating the supply chain due to geological availability. For example, a significant amount of the world's lithium reserves are located in South America (the Lithium Triangle). Also globally distributed, but certain regions are more abundant in specific minerals. For example, Africa is well-known for its diamond reserves, while significant gold deposits are found in various locations including South Africa, Australia, and Russia. Copper deposits are significant in countries like Chile, the United States, and Zambia.


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