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ARTICLE · 17 MAY 2016

The Mines and Minerals (Development and Regulation) Amendment Act, 2016 (2016 Amendment)

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The Mines and Minerals (Development and Regulation) Amendment Act, 2016 (2016 Amendment) received Presidential assent on 6 May 2016. The 2016 Amendment brings about 2 significant changes:

IndiaEnergy and Natural Resources
Upendra Joshi
Upendra Joshi
Gahan Singh
Gahan Singh
Divya Srikanth
Divya Srikanth
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The Mines and Minerals (Development and Regulation) Amendment Act, 2016 (2016 Amendment) received Presidential assent on 6 May 2016. The 2016 Amendment brings about 2 significant changes:

"Leased area" defined: The 2016 Amendment seeks to conclusively address an ambiguity in the Mines & Minerals (Development and Regulation) Act, 1957 (Act), which became subject of the Supreme Court's judgment in the case of Samaj Parivartana Samudaya & Ors v State of Karnataka & Ors (Karnataka Case) and subsequently in the case of Goa Foundation v Union of India & Ors (Goa Foundation Case). One of the effects of the amendment is that holders of mining leases are entitled to dump mining waste or rejects from the mine in adjacent areas even if such areas may not fall within the area covered by the mining lease, subject of course to the necessary environmental, forest and other clearances. Further, it appears that such dumping may not attract the requirement to pay royalty. This is

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