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V A BRIGHT FUTURE
A Guide to Investment in India’s Mineral Sector
A BRIGHT FUTURE
India’s mining industry certainly has a bright future. The government’s new economic policies have stimulated both foreign investment and the expansion of the country’s private sector. There are numerous plans under way to modernize and expand existing facilities, many of which will require overseas investment.
The government is very keen to encourage initiative in the private-sector, both from domestic and foreign companies. Modern, environmentally-friendly technology is required, along with foreign expertise in exploration, mining and processing.
India is an emerging market with an enormous mineralogical potential. The lack of detailed exploration programmes in the past, coupled with the abundance of recent discoveries using modern techniques, demonstrates the high possibility of discovering new deposits, as well as expanding the reserves of existing mines.
India -Mineral Potential Vs Achieved Potential
Commodity India –1980 India –2008 Australia –1980 Australia 2008
Iron Ore
Reserve (Hematite) 11 billion tonnes 14 billion tons 15 billion tons 50 billion tons
Diamond Reserve
Gold
Reserve
Coal
Reserve Majhgawan 2.6 million carats (Majhgawan) 0 230 million carats
55 metric tons 325 metric tons 400 metric tons 6000 metric tons
111 billion tons
(Measured + Indicated) 240 billion tons
(Measured + Indicated) 29 billion tons
(Measured) 42 billion tons
(Measured)
Bauxite
Reserve 2.5 billion ton 2.6 billion ton 3 billion dry tons 9 billion dry tons
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Source: Paper presented by Nik Senapati, Managing Director, Rio Tinto India Pvt. Ltd. In FIMI Seminar at Bangalore on 16 September, 2009
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A Guide to Investment in India’s Mineral Sector
Appendix-I
(As per Ministry of Mines website dated 17.11.2009)
KEY FEATURES
Eligibility for grant of Concessions – No person shall be eligible for grant of a mineral concession unless such person is an Indian National or a Company as defined in SubSection (1) of Section 3 of the Companies Act, 1956, and has registered himself with the Indian Bureau of Mines or the State Directorate as the case may be in such manner as may be prescribed.
Concession System – The State Governments may by notification invite application for grant of mining lease through competitive bidding and auction in any area where prospecting has been conducted and sufficient evidence of enhanced mineralisation has been established, but no application for a mining lease is pending. The bidding process may give appropriate weightage to the investment on account of :-
a) value addition such as mineral processing and beneficiation;
b) end use including industries based on the mineral; and
c) construction of transportation network (road and rail) and other infrastructure facilities in the mineral bearing area.
The approach for the concession will be based on the area and the quality of exploration data available in respect of Proven Mineralised area, Unknown area(mineralisation not known) and mining lease as presented in the tables given below.
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A Guide to Investment in India’s Mineral Sector
CONCESSION SYSTEM
Proven Mineralized area
Prospected by State Governmen
ML determined/ surrendered/ cancelled
Prospected & relinquished by PL holder
Probable Mineral area (data insufficient)
Auction ML (value addition criteria for bid possible) Notification of area for Mining by auction
Further prospecting
Sequestering (for 10 years)
Prospecting by State
CONCESSION SYSTEM
Unknown area –mineralization not known
Through grant of PL
Grant of RP / PL (First in time)
Seamless Transition to mining lease
Prospecting by State Government
Auction
Security of Tenure of ML
Area reserved for conservation
After area de‐reserved thrown open for exploration
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A Guide to Investment in India’s Mineral Sector
CONCESSION SYSTEM (Mining Lease)
Mining lease
Notified area Non‐notified areas
Forest area Non‐forest area
State to obtain clearance
Auction of ML First in time
Lessee to obtain clearances
Notification of the area – State Governments may notify an area for grant of PL/ML subject to the condition that :
a) No PL/ML application pending on the area, b) No PL/ML application filed after RL/PL was completed 6 months ago on the area, c) In case of forest area, clearance to be obtained by State Government, d) Notification valid for a period not less than 90 days and not more than 180 days.
Increase in area of concessions
a) Non-exclusive Reconnaissance Licence (RL) over 10000 sq kms. b) Large area Prospecting Licence(LAPL) over an area of 5000 sq kms. c) Prospecting licence (PL) area increased from 25 sq kms to 500 sq kms (minimum area allowed 1 sq km). d) Mining Lease (ML) area increased from 10 sq kms to 100 sq.kms. (minimum area allowed 0.10 sq kms).
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A Guide to Investment in India’s Mineral Sector
Increase in period of grant and extension of a concession with regard to reconnaissance, prospecting licence and mining lease.
a) A RL shall be granted for a period of not less than one year and not more than three years and may be extended for a period not exceeding one year. b) A LAPL shall be granted for a period of not less than three years and not more than six years and may be extended for a period not exceeding two years. c) A PL shall be granted for a period of not less than two years and not more than three years and if sum total of the time granted to the licence and his predecessor-in-interest for reconnaissance, prospecting, general exploration and detailed exploration does not exceed eight years. d) A Mining Lease for major minerals shall be granted for a period of not less than 20 years and not more than 30 years.
Time limits for disposal of applications – The State Governments shall dispose of the application for grant of reconnaissance licence, prospecting licence or mining lease within the following period:
a) RL within three months from the date of receipt of the application. b) LAPL and PL within three months from the date of receipt of the application. c) Letter of Intent for ML within three months of opening of bids and execution of ML within three months of intimation or the date of approval specified in the Letter of
Intent.
Independent Tribunal - Where an application is not disposed of within the time limit as given above, the applicant shall have the right to apply to National Mining Administrative Tribunal in the case of major minerals and State Mining Administrative Tribunal in case of minor minerals in the following manner:
a) to hear on applications from affected persons and confirm or modify or set aside any order passed by the Central or State Government. b) to hear applications in relation to implementation of Mining Plans and Mine
Closure Plans. c) to adjudicate on applications seeking directions to Central or State
Governments to dispose an application for grant of concession for major mineral in such cases where the Central and State Government have failed to dispose the application within the time prescribed by the Act. d) All revision cases pending before the Central Government shall stand transferred to the National Mining Administration Tribunal on its establishment.
Transfer of Concessions – The holder of PL, LAPL or PL may except in case of atomic minerals and coal, transfer his licence to any person eligible to hold such concessions under this Act and Rules made thereunder after expiry of a notice of not less than 30 days to the State Government concerned.
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A Guide to Investment in India’s Mineral Sector
Decentralization -
a) Prior approval of Central Government necessary for grant of concessions for atomic and coal minerals. b) State Government has powers to sequester a mineral bearing area for five yearsextendable by another five years. c) Maximum area defined−minimum area defined for prospecting and mining lease.
States may grant concessions in the area defined. d) State Governments may terminate lease without seeking prior approval of the
Centre.
Transparency, investor-friendly & scientific mining
a) Auction process to reduce gap between captive and non-captive. b) No reservation for exploitation by PSUs, but preference for downstream value investment during bidding process (lead to revenue generation from Central
PSUs) c) Full transferability of concessions and data. d) Assured progression through systematic relinquishment. e) Extensiion of concession rather than renewal. f) ML only if data on mineralization adequate. g) Mining plan, Mine closure plan essential. h) Cluster-mining for small deposits. i) All mining activities to comply with the Sustainable Development Framework.
Transition Management
a) All the existing concessions to be brought into the new Act. b) In case of applications pending,
- Against non-notified areas, “First-in-time” principles to be used for disposal.
- Against forest areas notified for grant and where State Government has not obtained clearances, all applications shall be deemed to have lapsed.
- For non-forest areas notified for grant of concessions, last date as the date of enactment, and applications to be dealt in terms of new Act.
Proposed fee structure for concessions
a - Reconnaissance Licence (RL) ─ (i) Licence fee→Rs. 50/- ─ Rs. 500 per sq. km or part thereof per year
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A Guide to Investment in India’s Mineral Sector
(ii) earnest money along with application
(iii) Security deposit: equal to licence fee for first year
b – Prospecting Licence (PL) ─
(i) Prospecting fee → Rs.50-500 per hectare for each year or part of a year
(ii) Occupier of surface to be paid compensation as may be prescribed
(iii) Security deposit → Rs. 5000/- per sq. km or part thereof
c– Mining Lease ─
(i) Deposit → Rs. 10,000 per hectare for due observance of terms and condition of the lease
(ii) Earnest money along with application
(iii) Surface rent, water rate, etc.
(iv) Dead rent
(v) Royalty
d – Cess on major Minerals ─
National Mineral Fund ─ not exceeding 10% of royalty (non lapsable)
e– Cess on minor minerals –
State Mineral Fund – not exceeding 10% of royalty (non lapsable)
Other important features
a) In areas where mineralization is not known, State Governments have to grant mineral concessiions on the basis of First-in-time principle. b) In notified areas, where applications have been called, ML to be given by auction only. c) Application for PL by a RP holder, who applies first, shall be granted PL subject to eligibility and fulfillment of conditions. d) Application for ML by a person who has done prospecting under PL/LAPL shall be approved for grant of ML subject to eligibility and fulfillment of conditions.
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A Guide to Investment in India’s Mineral Sector
e) State Government’s powers to impose conditions in PL and ML defined−conditions would not alter in case of transfer. f) All rights and liabilities under the concession also gets transferred to the successor-in-interest. g) A LAPL shall be granted only for such groups of associated minerals as may be prescribed, and on such general conditiions regarding use of advanced technologies and methodologies as may be notified from time to time by the
Central Government. h) Creation of Mineral Fund at Centre and State for :
- promoting scientific management of mining activities, and mine closures, including rersearch and development and training. - mitigating adverse impacts of mining activity in peripheral areas of the mine including restoration and improvement of local infrastructure. - maintenance of community assets and services for local populations in the area. - human resource development of local populations for creating employment and self-employment capabilities. - such other public purposes in mining areas as may be deemed expedient by the Central Government from time to time.
i) Reservation to be allowed only for the purpose of mineral conservation. j) Simplification and streamlining of the grant of mineral concession procedures.
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A Guide to Investment in India’s Mineral Sector
Appendix-II
MINISTRY OF MINES NOTIFICATION
New Delhi, the 13 August, 2009 G.S.R. 574 (E). ⎯ In exercise of the powers conferred by sub-section (3) of section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the following further amendments to the Second Schedule to the said Act, namely :-
In the Mines and Minerals (Development and Regulation) Act, 1957, for the Second Schedule, the following Schedule shall be substituted, namely :-
“THE SECOND SCHEDULE
(See section 9) RATES OF ROYALTY IN RESPECT OF MINERALS AT ITEM 1 TO 9, 11 TO 37, 39 TO 45 AND 47 TO 51.
1. Apatite and Rock Phosphate (i) Apatite Five percent of sale price on ad valorem basis. (ii) Rock Phosphate (a) above 25 percent P2O5 Eleven percent of sale price on ad valorem basis. (b) upto 25 percent P2O5 Six percent of sale price on ad valorem basis. 2. Asbestos (a) Chrysotile Eight hundred and eighty rupees per tonne. (b) Amphibole Fifteen percent of sale price on ad valorem basis.
3. Barytes Five and half percent of sale price on ad valorem basis. 4. Bauxite and Laterite a) Zero point five zero percent of London Metal Exchange Aluminium metal price chargeable on the contained aluminium metal in ore produced for those despatched for use in alumina and aluminium metal extraction.
5. Brown Ilmenite (Leucoxene), Ilmenite, Rutile and Zircon b) Twenty five percent of sale price on ad valorem basis for those despatched for use other than alumina and aluminium metal extraction and for export. Two percent of sale price on ad valorem basis.
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A Guide to Investment in India’s Mineral Sector
6. Cadmium Fifteen percent of sale price on ad valorem basis. 7. Calcite Fifteen percent of sale price on ad valorem basis. 8. China clay/Kaolin : (including ball clay, white shale and white clay) (a) Crude Eight percent of sale price on ad valorem basis. (b) Processed (including washed) Ten percent of sale price on ad valorem basis.
9. Chromite Ten percent of sale price on ad valorem basis. 10. Coal (including Lignite) * 11. Columbite-tantalite Ten percent of sale price on ad valorem basis. 12. Copper Four point two percent of London Metal Exchange Copper metal price chargeable on the contained copper metal in ore produced. 13. Diamond Eleven point five percent of sale price on ad valorem basis. 14. Dolomite Sixty three rupees per tonne. 15. Felspar Twelve percent of sale price on ad valorem basis. 16. Fire Clay (Including Twelve percent of sale price on ad valorem basis. plastic, pipe, lithomargic and natural pozzolanic clay) 17. Fluorspar (also called Six point five percent of sale price on ad valorem fluorite) basis. 18. Garnet : (a) Abrasive Three percent of sale price on ad valorem basis. (b) Gem Ten percent of sale price on ad valorem basis. 19. Gold : (a) Primary Two percent of London Bullion Market Association Price (commonly referred to as “London Price”) chargeable on the contained gold metal in ore produced. (b) By-product gold Three point three percent of London Bullion Market Association Price (commonly referred to as “London Price”) chargeable on the by-product gold metal actually produced.
20. Graphite (a) with 40 percent or more fixed carbon Two percent of sale price on ad valorem basis.
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A Guide to Investment in India’s Mineral Sector
(b)with less than 40 percent fixed carbon Twelve percent of sale price on ad valorem basis.
21. Gypsum Twenty percent of sale price on ad valorem basis. 22. Iron ore: Lumps, Fines Ten percent of sale price on ad valorem basis. and concentrates all grades 23. Lead Seven percent of London Metal Exchange lead metal price chargeable on the contained lead metal in ore produced. Twelve point seven percent of London Metal Exchange lead metal price chargeable on the contained lead metal in ore produced.
24. Limestone (a) L.D. Grade (less than one and half percent silica content) Seventy two rupees per tonne.
(b) Others Sixty three rupees per tonne. 25. Lime Kankar Sixty three rupees per tonne. 26. Limeshell Sixty three rupees per tonne. 27. Magnesite Three percent of sale price on advalorem basis. 28. Manganese Ore (a) Ore of all grades Four point two percent of sale price on ad valorem basis. (b) Concentrates One point four percent of sale price on ad valorem basis.
29. Crude Mica, Waste Mica and Scrap Mica Four percent of sale price on ad valorem basis.
30. Monazite One hundred and twenty five rupees per tonne. 31. Nickel Zero point one two percent of London Metal Exchange nickel metal price chargeable on contained nickel metal in ore produced. 32. Ochre Twenty rupees per tonne. 33. Pyrites Two percent of sale price on ad valorem basis. 34. Pyrophyllite Twenty percent of sale price on ad valorem basis. 35. Quartz Fifteen percent of sale price on ad valorem basis. 36. Ruby Ten percent of sale price on ad valorem basis. 37. Silica sand, Moulding sand Eight percent of sale price on ad valorem basis. and Quartzite 38. Sand for stowing ** 39. Selenite Ten percent of sale price on ad valorem bais.
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A Guide to Investment in India’s Mineral Sector
40. Sillimanite Two and half percent of sale price on ad valorem basis.
41. Silver: (a) By-product Seven percent of London Metal Exchange Price chargeable on by-product silver metal actually produced. (b) Primary silver Five percent of London Metal Exchange silver metal price chargeable on the contained silver metal in ore produced. 42. Slate Forty five rupees per tonne. 43. Talc, Steatite and Eighteen percent of sale price on ad valorem Soapstone basis. 44. Tin Seven point five percent of London Metal Exchange tin metal price chargeable on the contained tin metal in ore produced. 45. Tungsten Twenty rupees per unit percent of contained WO3 per tonne of ore and on pro rata basis. 46. Uranium *** 47. Vanadium Twenty percent of sale price on ad valorem basis. 48. Vermiculite Three percent of sale price on ad valorem basis. 49. Wollastonite Twelve percent of sale price on ad valorem basis. 50. Zinc Eight percent of London Metal Exchange zinc metal price on ad valorem basis chargeable on contained zinc metal in ore produced. Eight point four percent of London Metal Exchange zinc metal price on ad valorem basis chargeable on contained zinc metal in concentrate produced.
51. All other minerals not here-in-before specified [Agate, Clay (Others), Chalk, Corundum, Diaspore, Dunite, Felsite, Fuschite, Kyanite, Quartzite, Jasper, Perlite, Rock Salt, Shale, Pyroxenite, etc.] Ten percent of sale price on ad valorem basis.
* Rates of royalty in respect of item No. 10 relating to Coal (including Lignite) as revised vide notification number G.S.R. 522 (E), dated the 1st August, 2007, of the Government of India in the Ministry of Coal shall remain in force until revised through a separate notification by the Ministry of Coal.
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A Guide to Investment in India’s Mineral Sector
** Rates of royalty in respect of item No. 38 relating to Sand for stowing as revised vide notification number G.S.R. 214 (E), dated the 11th April, 1997, will remain in force until revised through a separate notification by the Department of Coal. *** Rate of royalty in respect of item No. 46 relating to Uranium as revised vide notification number G.S.R. 96(E), dated the 13th February, 2009, will remain in force until revised.”
Note: The rates of royalty for the State of West Bengal in respect of the minerals except the mineral specified against item No. 10 shall remain the same as specified in the notification of the Government of India in the Ministry of Steel and Mines (Department of Mines) number G.S.R. 458 (E), dated the 5th May, 1987 till the outcome of litigation pending in the Supreme Court of India.”
[F. No. 3/1/2005-M-VI] AJITA BAJPAI PANDE Jt. Secy.
Note: The Second Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 was amended earlier vide notification numbers :-
1. GSR No. 175 (E) dated 31st March, 1975 2. GSR No. 407 (E) dated 14th July, 1975 3. GSR No. 584 (E) dated 13th December, 1975 4. GSR No. 321 (E) dated 12th June, 1978 5. GSR No. 2(E) dated 1st January, 1979 6. GSR No. 67 (E) dated 13th February, 1979 7. GSR No. 63 (E) dated 12th February, 1981 8. GSR No. 449 (E) dated 23rd July, 1981 9. GSR No. 458 (E) dated 5th May, 1987 10. GSR No. 856 (E) dated 14th October, 1987 11. GSR No. 516 (E) dated 1st August, 1991 12. GSR No. 100 (E) dated 17th February, 1992 13. GSR No. 748 (E) dated 11th October, 1994 14. GSR No. 27 (E) dated 13th January, 1995 15. GSR No. 214 (E) dated 11th April, 1997 16. GSR No. 713 (E) dated 12th September, 2000 17. GSR No. 187 (E) dated 15th March, 2001 18. GSR No. 572 (E) dated 16th August, 2002 19. GSR No. 677 (E) dated 14th October, 2004 20. GSR No. 522 (E) dated 1st August, 2007 21. GSR No. 96 (E) dated 13th February, 2009
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A Guide to Investment in India’s Mineral Sector
NOTIFICATION Delhi, the 13th August, 2009
G.S.R. 575 (E) ─ In exercise of the powers conferred by sub-section (2) of section9A of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes, the following amendments to the Third Schedule to the said Act, namely: ─ In the Mines and Minerals (Development and Regulation) Act, 1957, for the Third Schedule, the following Schedule shall be substituted, namely:
“THIRD SCHEDULE (See Section 9A) RATES OF DEAD RENT
1. Rate of dead rent applicable to the leases granted for low value minerals are as under:
Rates of Dead Rent in Rupees per Hectare Per annum
From second year of lease Third year and fourth year Fifth year onwards
_______________________________________________________________________ _ 200 500 1000
2. Two times the rate specified in paragraph 1 in case of lease granted for medium value mineral(s).
3. Three times the rates specified in paragraph 1 in case of lease granted for high value mineral(s).
4. Four times the rates specified in paragraph 1 in case of lease granted for precious metals and stones.
Note: 1. For the purpose of this notification -
a) “precious metals and stones” means gold, silver, diamond, ruby, sapphire and emerald;
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A Guide to Investment in India’s Mineral Sector
b) “high value mineral” means semi-precious stones (agate, gem garnet), corundum, copper, lead, zinc, asbestos (chrysotile variety) and mica;
c) “medium value minerals” means chromite, manganese ore, kyanite, sillimanite, vermiculite, magnesite, wollastonite, perlite, diaspore, apatite and rock phosphate, fluorite (fluorspar) and barytes ;
d) “low value minerals” means minerals other than precious metals and stones, high value minerals and medium value minerals;
2. The rates of dead rent for the State of West Bengal shall remain the same as specified in the notification of the Government of India in the Ministry of Steel and
Mines (Department of Mines) number G.S.R. 458(E), dated the 5th May, 1987 till the outcome of pending litigation in the Supreme Court of India.”
[F.No. 3/1/2005-M-VI] AJITA BAJPAI PANDE, Jt. Secy.
Note: The Third Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 was amended earlier, vide notification numbers:-
1. GSR No. 458 (E), dated 5th May, 1987. 2. GSR No. 856 (E), dated 14th October, 1987. 3. GSR No. 214 (E), dated 11th April, 1997 4. GSR No. 714 (E), dated 12th September, 2000 5. GSR No. 678 (E), dated 14th October, 2004
