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Industry Specific-Mines Central Ministry of Coal Mines Act, 1952

Ministry of Mines issues notification clarifying inclusion of non-mineralized area in the existing mining lease for the purpose of dumping of mine waste/overburden

28-Nov-2024 | No. 16/83/2024-Mines VI

Ministry of Mines via notification dated 28th November 2024 has issued clarification regarding inclusion of non-mineralized area in the existing mining lease for the purpose of dumping of mine waste/overburden. The notification highlights the Supreme Court judgement in which the apex court has directed that dumping of minerals outside the leased area of the mining lessees is not permissible under the MMDR Act and the Rules made thereunder. The notification further highlights the relevant provisions of the Mines Act, 1952 and Minerals (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016. The notification further highlights that the State Government shall consider the following action with respect to the above-mentioned issues: 1. The State Governments are empowered to include additional contiguous non-mineralized areas for the purpose of dumping of overburden in the existing mining lease without auction in the interest of mineral development. Such additional non-mineralized areas can be non-contiguous if it is in the interest of mineral development. 2. The State Government shall satisfy itself that the additional area is nonmineralized. 3. The State Government shall include a condition in the supplementary lease deed that no production of any mineral will be undertaken in the additional area and also take an undertaking from the lessee to this effect. Many other such actionable points for the state government have been highlighted. For more information, please refer to the document attached hereby.

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