Exploitation of Beach Sand Minerals in the Offshore Areas – Legal perspective in the light of MMDR Act, 1957 and OAMDR Act, 2002
DOI:
https://doi.org/10.51710/jias.v38i2.156Keywords:
MMDR Act, OAMDR Act, Beach Sand Minerals (BSM), Threshold Value, Heavy Minerals, Monazite ResourcesAbstract
Beach Sand Minerals (BSM) form by weathering and erosion of the rocks in the hinterland which are liberated, disintegrate by various processes and, are transportation by the streams to the sites of deposition (coastal plains). These minerals get concentrated along the coastal areas due to constant winnowing by wave action. It is well documented that sea level changes have occurred along the coastal areas at different points of time whose signatures on land can be seen in the form of palaeo-strandline occurring up to 15-20 km from the present day coast. On a similar analogy and in view of bathymetric profile of the sea floor, BSM deposits are expected in the offshore areas as well, in continuity to onshore deposits, which possibly are the submerged onshore deposits of the past.
Mineral Concessions in respect of onshore BSM deposits are governed with the Mines and Minerals Development and Regulation (MMDR) Act, 1957 and those in the offshore are governed as per the Offshore Areas Mineral Development and Regulation (OAMDR) Act, 2002 and the rules thereunder respectively. This paper deals with various provisions of these Acts and recent policies of the Government to harmonize mineral concession in offshore areas in line with the onshore BSM deposits.
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Government of India, Ministry of Mines, Acts and Rules, The Mines and Minerals (Development and Regulation) Act, 1957; MMDR (Amendment) Act, 2015 and the Atomic Minerals Concessions Rules, 2016 Government of Indiahttp://mines.gov.in
Government of India, Ministry of Mines, Acts and Rules, The Offshore Areas Mineral (Development and Regulation) Act, 2002; OAMDR (Amendment) Act, 2019 and the Offshore Areas Mineral Concession Rules, 2006 Government of Indiahttp://mines.gov.in
Government of India, Ministry of Mines, Publications, Report of the Working Group on Mineral Exploration &Development (other than coal & lignite) for the twelfth five year planGovernment of India http://mines.gov.in
Government of India, Indian Bureau of Mines, Indian Minerals Year Books, 2012,2014,2017, 2018Government of Indiahttp://ibm.gov.in
Government of India,Atomic Minerals Directorate for Exploration and Research, Heavy Mineral Resources of India, 2020Government of India http://amd.gov.in
Merh S S, FNA, Department of Geology, M. S. University of Baroda, India Quaternary Sea Level Changes along Indian Coast - Review Article (1992) Proc. Indian National Science Academy 58, A,No. 5, 1992. pp. 461-472.
Wadhawan,S. K.., Former Director General, Geological Survey of India, Kolkata, India, Marine Geology and Coastal Surveys for Seabed Mapping and Mineral Resource Evaluation in India – An Overview, Proc. Indian National Science Academy, 82 No. 3 July Spl. Issue 2016 pp. 675-683.
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