Centre clears way for non-mineralised areas in existing mining leases

The Ministry of Mines stated that under the Mines and Minerals Act, 1957, non-mineralised areas required for ancillary activities like waste disposal can be considered part of a mining lease

The Centre has allowed state governments to include non-mineralised areas in the existing mining leases for dumping mine waste and overburden, a move aimed at streamlining mining operations and addressing industry challenges.

The clarification, issued by the Ministry of Mines, comes as a response to queries raised by state governments, including Chhattisgarh, and aligns with the Supreme Court’s 2014 ruling that prohibits dumping outside valid lease areas.

  The ministry stated that under the Mines and Minerals (Development and Regulation) Act, 1957, non-mineralised areas required for ancillary activities like waste disposal can be considered part of a mining lease. This interpretation is supported by the Mines Act, 1952, which defines a mine to include premises used for depositing refuse. The Rule 57 of the Mineral Concession Rules, 2016, further reiterates that the lease area may include such ancillary zones.

  Overburden refers to the rocks, soil, and other materials removed to access mineral deposits. Managing this material is essential to ensure safe and efficient mining operations. The non-mineralised areas are regions without significant mineral deposits.

  The state governments are empowered to allocate additional non-mineralised areas for dumping overburden in mining operations to promote mineral development. These areas can be included within the existing mining lease without an auction if they are contiguous to the lease. 

“State are empowered to include additional contiguous non-mineralised areas for dumping of overburden in the existing mining lease without auction in the interest of mineral development. Such additional non-mineralised areas can be non-contiguous if it is in the interest of mineral development,” the ministry said. 

In cases where it benefits mineral development, even non-contiguous non-mineralised areas can be allocated for this purpose, ensuring flexibility and efficiency in managing mining by-products.

  The ministry stressed that the state governments must ensure the non-mineralised nature of the area, consult the Indian Bureau of Mines to determine the necessity and extent of additional land, and include clauses prohibiting mineral extraction from the supplementary area.

  Additionally, the state governments are also required to notify IBM about the execution of the supplementary lease and take measures to prevent illegal mineral dispatches from non-contiguous areas.

   

Clearing the air 

- Move aligns with 2014 Supreme Court ruling against dumping outside valid lease areas 

- Non-mineralised areas required for ancillary activities can be considered part of a mining lease

  - States can allocate additional areas for overburden without auction if contiguous

  - Non-contiguous areas may be allocated if it benefits mineral development 

- States must ensure no mineral extraction and notify Indian Bureau of Mines about the new lease