Legal Frame Work for Exploitation of Beach Sand Mineral Resources: Historical Perspective and Action by Government of India for conservation

Abstract

India is bestowed with several Beach Sand Mineral (BSM) occurrences along its 7200 km long coastline. The exploitation/recovery of BSM resources is governed by various provisions of the Acts and Rules issued by the Government of India. Till 1998, the mining of BSM was reserved (excluding garnet and sillimanite) for the public sector only. Department of Atomic Energy (DAE), intending to maximize the value addition of BSM within the country, brought out a policy resolution, which allowed the private entities in mining and processing of BSM resources except for the mineral monazite.

Mining and development of any mineral are governed by the Mines and Minerals (Development & Regulation) (MMDR) Act, 1957 and the rules made thereunder. MMDR Act, 1957 has undergone major amendments in 2015 and by virtue of the provisions under the Act, new rules were framed for the first time in the country, exclusively for grant of mineral concession in respect of atomic minerals. As per the provisions of a new rule, all BSM deposits (above threshold) come under the purview of the Government Company or Corporation owned or controlled by the Government. This paper deals with legal provisions for the exploitation of BSM resources and recent amendment by the Government of India for conserving these minerals of strategic importance, in the national interest.