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(2) Notwithstanding anything contained in this Act or any other law for the time being in force, the successful bidder of mining leases expiring under the provisions of sub-sections (5) and (6) of section 8A and selected through auction as per the procedure provided under this Act and the rules made there under, shall be deemed to have acquired all valid rights, approvals, clearances, licences and the like vested with the previous lessee for a period of two years: Provided that subject to such conditions as may be prescribed, such new lessee shall apply and obtain all necessary rights, approvals, clearances, licences and the like within a period of two years from the date of grant of new lease. In section 18 of the principal Act, in sub-section (1), for the words and figure “allotment of Schedule I coal mines is not complete”, the words and figures “allotment of Schedule II coal mines is not complete, or vesting order or allotment order issued under this Act has been terminated in case of a coal mine under production,” shall be substituted. In section 13 of the principal Act, in sub-section (2),—, (i) after clause (a), the following clauses shall be inserted, namely:—. Minister to be responsible for administration of Act. 2 OF 2020 [13 th March, 2020.] As of now, the mines and minerals extraction in the country is given to a private individual on lease which many parliamentarians says is against the provisions of the constitution. Get Drishti Publications books & magazines on Amazon - click here! This act forms the basic framework of mining regulation in India. (i) for the words, brackets and figures “sub-sections (1) and (3)”, the words, brackets and figures “sub-sections (1) and (2)” shall be substituted; (ii) for the words “or mining lease in respect of any area containing coal”, the words “, mining lease or prospecting licence-cum-mining lease in respect of such Schedule I coal mine” shall be substituted; (iii) in the first proviso, for the words “in accordance with the permit, prospecting licence or mining lease, as the case may be”, the words “as may be determined by the Central Government” shall be substituted. After section 8A of the principal Act, the following section shall be inserted, namely:—. In section 17A of the principal Act, in sub-section (2A), in the proviso, the words and letter “Part A and” shall be omitted. (15) The successful bidder or allottee of the coal mine whose vesting order or allotment order has been terminated shall be deemed to be the prior allottee for the purposes of immediate next auction or allotment of the said coal mine.”. These include cases where the allocation has been done by the central government, and the mining block has been reserved to conserve a mineral. Short title, commencement and operation. In 2018, the government allowed commercial mining by private entities and set a mining target of 1.5 billion tonnes by 2020. 14 of 2020 Queensland An Act to amend the Coal Mining Safety and Health Act 1999, the Energy and Water Ombudsman Act 2006, the Explosives Act 1999, the Geothermal Energy Act 2010, the Greenhouse Gas Storage Act 2009, the Mineral and Energy Resources (Common Provisions) Act 2014, the Mineral and Energy “8B. At the request of Oxfam, the Columbia Center on Sustainable Investment reviewed select provisions in the Mines and Minerals Act 2009 and corresponding policy statements from the Minerals Policy 2018 to provide recommendations for how to … Your email address will not be published. The proposed legislation is consiste… CHAPTER III Copyright © TaxGuru. Friday 18 December 2020. B E it enacted by Parliament in the Seventy-first Year of the Republic of India as follows: CHAPTER I P RELIMINARY 1. THE MINES AND MINERALS ACT, 2009 ARRANGEMENT OF SECTIONS Section No. Mineral Laws (Amendment) Act, 2020 is a noteworthy decision towards encouraging simplicity of working together and expanding the commitment of private players in the mining segment. (i) in sub-section (1), for the words “A successful bidder or allottee or coal linkage holder shall”, the words “A successful bidder or allottee shall” shall be 1. Furnish GSTR-1 in time, or pay late fees, Webinar on Career Growth in GST related Litigation Management, Goods and Service Tax (GST) Registration & Requirements, Uttarakhand HC directs CBDT to consider representation on due date extension, All India Protest Call against GST/Income Tax Issues by WMTPA, Due dates for filing of Form GSTR-3B for December, 2020. The National Council today adopted a new section under the Mines and Minerals Bill 2020 to allocate mines and minerals lease to state-owned enterprise (SOE). (2) It shall be deemed to have come into force on the 10th day of January, 2020. These are called “mining syndicates” in the Mines and Minerals Act. PART II–OWNERSHIP OF MINERALS 2. “(la) the manner of termination of vesting order or allotment order under sub-section (13) of section 8;”. achieving economy of scale of mines, enhancing transparency and accountability, and ensuringscientific, environment-friendly and socially responsible mining. Mining laws in India: Mines and Minerals (Development & Regulation) Act (MMDR), 1957: It is the principal legislation that governs the mineral … 2 OF 2020 [13th March, 2020.] The Bill proposes amendments to the Mines and Mineral (Development and Regulation) Act 1957 and The Coal Mines (Special Provisions) Act, 2015. In order to submit a comment to this post, please write this code along with your comment: d9b3e8193d6ef5713a5e82dc31d9e36b. (3) Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the new lessee to continue mining operations on the land, in which mining operations were being carried out by the previous lessee, for a period of two years from the date of commencement of the new lease.”. Notwithstanding anything contained in section 4A, the Central Government may, in the interest of maintaining sustained production of minerals in the country, prescribe such conditions as may be necessary for commencement and continuation of production by the holders of mining leases who have acquired rights, approvals, clearances and the like under section 8B.”. Published on Mar 8, 2020 #Studyrise , #CoalMininginIndia , #CMSPAct , The Mineral Laws (Amendment) Bill, 2020 | Mines and Minerals (Development and Regulation) Act, 1957 | “(13) The vesting order or allotment order may be terminated by the nominated authority in such manner as may be prescribed. Short title, extent and commencement.―(1) This Act may be … (1) The provisions of this section shall apply to minerals, other than the minerals specified in Part A and Part B of the First Schedule. “to carry on coal or lignite reconnaissance or prospecting or mining operations, for own consumption, sale or for any other purpose as may be determined by the Central Government”; (c) the following proviso shall be inserted, namely:—, “Provided that the auction by competitive bidding under this section shall not be applicable to coal or lignite—. The Lok Sabha had passed this Bill on March 6, 2020. Provisions for transfer of statutory clearances. All rights reserved    |, Sociology Mains Test Series 2020 - Join Now, Prelims Test Series 2021 (Online) - Join Now. In section 31 of the principal Act, in sub-section (2),—. 4 THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 ACT NO. However, the Coal Mine (Special Provisions) Act, 2015 (Coal Mines Act) and the Mines and Minerals (Development and Regulation) Act, 1957 (MMDRA) continued to contain end-use restrictions on minerals extracted from a significant number of coal mines, which did not augur well for attracting investments. 1. 4. (i) in the opening portion, for the portion beginning with the words “The proceeds arising out of land” and ending with the words “as may be prescribed.”, the following shall be substituted, namely:—. 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MINISTRY OF LAW AND JUSTICE The Bill replaces the ordinance for amendment of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and the Coal Mines (Special Provisions) Act, 2015 (CMSP Act) … It applies to all mines and minerals and related natural resources belonging to the Crown including wells, mines, quarries and minerals. Claim holders with claim anniversary dates on or before December 31, 2020, will be given an exclusion order by making a brief request via email. PART III–ADMINISTRATION 3. This target has now been revised to 1 billion tonnes by 223-24. Who grants permission for mining? The MMA Bill 2020 defines strategic minerals as those that are in short supply and essential for domestic industries, or are rare and have high values with security implications. The Act provides the Government of Alberta with authority to administer, allocate, and enter into agreements with respect to minerals. All Rights Reserved. An Act further to amend the Mines and Minerals (Development and Regulation) Act, 1957 and to amend the Coal Mines (Special Provisions) Act, 2015. (1) The Mineral Laws (Amendment) Ordinance, 2020 is hereby repealed. 6. (a) where such area is considered for allotment to a Government company or corporation or a joint venture company formed by such company or corporation or between the Central Government or the State Government, as the case may be, for own consumption, sale or for any other purpose as may be determined by the Central Government; (b) where such area is considered for allotment to a company or corporation that has been awarded a power project on the basis of competitive bid for tariff (including Ultra Mega Power Projects).”; (a) after the words “mining lease”, the words “or prospecting licence-cum-mining lease” shall be inserted; (b) for the words “competitive bidding or otherwise”, the words “competitive bidding or through allotment” shall be substituted. In section 10C of the principal Act, in sub-section (2), the following shall be inserted, namely:—. (a) in the opening portion, for the words “in respect of any area containing coal”, the words “or prospecting licence-cum-mining lease in respect of coal” shall be substituted; “to carry on coal reconnaissance or prospecting or mining operations, for own consumption, sale or for any other purpose as may be determined by the Central Government, and the State Government shall grant such reconnaissance permit, prospecting licence, mining lease or prospecting licence-cum-mining lease in respect of Schedule I coal mine to such company as selected through auction by competitive bidding under this section.”; In section 5 of the principal Act, in sub-section (1),—. Under the proposed laws, senior officers and corporations can be tried for industrial manslaughter if criminal negligence is proven for a workers’ death. Under the MMDR Act, mining leases for specified minerals (minerals other than coal, lignite, and atomic minerals) are auctioned on the expiry of the lease period. This Act may be cited as the Mines and Minerals Development Act, 2015, and shall come into operation on 1st July, 2015. However, the new lessee, Currently, upon expiry, mining leases for specified minerals (minerals other than coal, lignite, and atomic minerals) can be transferred to new persons through auction. In section 8A of the principal Act, in sub-section (4), the following proviso shall be inserted, namely:—. An Act further to amend the Mines and Minerals (Development and Regulation) Act, 1957 and to amend the Coal Mines (Special Provisions) Act, 2015. A Review of Sierra Leones Mines and Minerals Act 2009. The Mines and Geosciences Bureau (MGB) Central Office (CO) sustains the certification for ISO 9001:2015 Quality Management System (QMS) and ISO 14001:2015 Environmental Management System (EMS) following the series of surveillance audits conducted by SGS Philippines, Inc. on December 17 and 18, 2020. THE MINERAL LAWS (AMENDMENT) ACT, 2020 N O. (i) in clause (b), for the words “prospecting licence or mining lease”, the words “prospecting licence, mining lease or prospecting licence-cum-mining lease” shall be substituted; (ii) after clause (l), the following clause shall be inserted, namely:—. Explanation.—For the purposes of this sub-section, the expression “deep seated minerals” means such minerals which occur at a depth of more than three hundred meters from the surface of land with poor surface manifestations.”. (Legislative Department), New Delhi, the 13th March, 2020/Phalguna 23, 1941 (Saka), The following Act of Parliament received the assent of the President on the 13th March, 2020, and is hereby published for general information:—. 5. NO. In 2018, the government allowed commercial mining by private entities and set a mining target of 1.5 billion tonnes by 2020. In section 5 of the principal Act, in sub-section (1), after the proviso, the following proviso shall be inserted, namely:—, “Provided further that the previous approval of the Central Government shall not be required for grant of reconnaissance permit, prospecting licence or mining lease in respect of the minerals specified in Part A of the First Schedule, where,—, (i) an allocation order has been issued by the Central Government under section 11A; or, (ii) a notification of reservation of area has been issued by the Central Government or the State Government under sub-section (1A) or sub-section (2) of section 17A; or. An Act further to amend the Mines and Minerals (Development and Regulation) Act, 1957 and to amend the Coal Mines (Special Provisions) Act, 2015. Recently, the Parliament has passed the Mineral Laws (Amendment) Bill, 2020. The Bill will now be forwarded to the National Assembly for re-deliberation. This. “(2) A successful bidder or allottee may also use the coal mine from a particular Schedule I coal mine, in any of its plants or plant of its subsidiary or holding company engaged in same specified end-uses in such manner as may be prescribed.”. (3) Without prejudice to the effect of the amendments made by this Act, it shall remain in force for a period of sixty days from the date of assent by the President and shall be deemed to have been repealed after the expiry of the said period. Recently, the Parliament has passed the Mineral Laws (Amendment) Bill, 2020. [ 14th August, 2015 ENACTED by the Parliament of Zambia PART I PRELIMINARY 1. Ownership of minerals. (14) Upon termination of vesting order or allotment order, the nominated authority may auction the coal mine under section 4 or allot the coal mine under section 5 as may be determined by the Central Government. Clause 8 of the Mineral Laws (Amendment) Bill, 2020 seeks to amend sub-section (2) of section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 that empowers the Central Government to make rules by notification in the Official Gazette for providing of all or any of the following matters:— BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. (1) This Act may be called the Mineral Laws (Amendment) Act, 2020. The Mines and Minerals Act recognises the existence of partnerships that are capable of acquiring mining rights in equal and undivided shares. Tribunal; repeal and replace the Mines and Minerals Development Act, 2008; and provide for matters connected with, or incidental to, the foregoing. An Act to provide for the 1[development and regulation of mines and minerals] under the control of the Union. Parliament passed The Mineral Laws (Amendment) Bill, 2020 for amendments in Mines & Mineral (Development and Regulation) Act 1957 and The Coal Mines (Special Provisions) Act, 2015. Yes. The Bill provides that the various approvals, licenses, and clearances given to the previous lessee will be, During this period, the new lessee will be allowed to continue mining operations. BE it enacted by Parliament in the Seventy-first Year of the Republic of India as follows:—. 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Interpretation. SC 1030/17) [2020] ZWSC 5 (16 January 2020); AMENDMENTS TO THE MINES AND MINERALS CHAPTER II “The compensation for land and mine infrastructure in relation to a Schedule I coal mine as valued in accordance with section 16 shall be deposited by the successful bidder or allottee with the nominated authority and shall be disbursed maintaining, inter alia, the following priority of payments and in accordance with the relevant laws and such rules as may be prescribed.”; (ii) in clause (b), for the words “compensation payable”, the words “amount payable” shall be substituted.”. Definitions. It is at the discretion of the government to review and update the list periodically. Duties of the Director. The Bill strengthens the safety culture in the resources sector through the introduction of industrial manslaughter. In such manner as may be prescribed secondary minerals all mines and minerals Act recognises the existence of that! 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