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Mining in India ® By in-house counsel, for in-house counsel.® InfoPAKSM Energy and Natural Resources Multi-Jurisdictional Guide: Mining in India Sponsored by: Association of Corporate Counsel Association of Corporate Counsel 1025 Connecticut Avenue, NW, Suite 200 1025 Connecticut Avenue, NW, Suite 200 Washington, DC 20036 USA Washington, DC 20036 USA tel +1 202.293.4103, fax +1 202.293.4701 tel +1 202.293.4103, fax +1 202.293.4701 www.acc.com www.acc.com 2 Energy and Natural Resources Multi-Jurisdictional Guide: Mining in India Energy and Natural Resources Multi-Jurisdictional Guide: Mining in India December 2014 Provided by the Association of Corporate Counsel 1025 Connecticut Avenue, NW, Suite 200 Washington, DC 20036 USA tel +1 202.293.4103 fax +1 202.293.4107 www.acc.com This InfoPAKSM provides a high level overview of the domestic mining sector, its regulatory structure and ownership, the environment and health and safety. It covers foreign ownership and tax issues and proposals for reform. The information in this InfoPAKSM should not be construed as legal advice or legal opinion on specific facts, and should not be considered representative of the views of PLC or of ACC SM or any of its lawyers, unless so stated. This InfoPAK is not intended as a definitive statement on the subject but rather to serve as a resource providing practical information for the reader. This material was developed by PLC. For more information about PLC, visit their website at http://www.practicallaw.com/ or see the “About the Author” section of this document. Copyright © 2014 Practical Law Company (PLC) & Association of Corporate Counsel 3 Contents I. Overview ........................................................................................................................................... 5 A. Provide an Overview of the Recent Developments in the Exploration and Extraction of Mineral Resources in Your Jurisdiction. ................................................................................................................................................................. 5 II. Regulatory Structure ....................................................................................................................... 6 A. Regulation .................................................................................................................................................................................. 6 B. Ownership ................................................................................................................................................................................. 7 C. Authorisation ............................................................................................................................................................................ 8 III. Environment ................................................................................................................................... 11 A. What Are the Main Ongoing Requirements for Environmental Protection? .......................................................... 11 IV. Health and Safety ........................................................................................................................... 12 A. What Are the Main Ongoing Requirements for Compliance with Health and Safety Regulations? ................... 12 V. Foreign Ownership ......................................................................................................................... 12 A. Are There Any Restrictions Concerning the Foreign Investment and Ownership of Companies Engaged in the Exploration and Extraction of Mineral Resources in Your Jurisdiction? ............................................................ 12 VI. Tax ................................................................................................................................................... 13 A. What Payments, Such as Taxes or Royalties, Are Payable by Interest Holders to the Government? .............. 13 B. Does the Government Derive Any Other Economic Benefits from the Exploration and Extraction of the Mineral Resources? ................................................................................................................................................................ 13 C. What Taxes and Duties Apply on the Import and Export of Mineral Resources? ................................................. 13 VII. Reform ............................................................................................................................................. 14 A. Are There Any Plans for Changes to the Legal and regulatory framework? ........................................................... 14 VIII. The Regulatory Authorities ........................................................................................................... 14 A. Ministry of Mines .................................................................................................................................................................... 14 B. Indian Bureau of Mines (IBM) .............................................................................................................................................. 14 C. Petroleum and Natural Gas Regulatory Board ............................................................................................................... 15 IX. About the Authors ......................................................................................................................... 16 A. Alice George, Partner ........................................................................................................................................................... 16 B. Manasvini Raj, Associate ....................................................................................................................................................... 16 For more ACC InfoPAKs, please visit http://www.acc.com/infopaks 4 Energy and Natural Resources Multi-Jurisdictional Guide: Mining in India C. Paridhi Adani, Associate ...................................................................................................................................................... 17 Copyright © 2014 Practical Law Company (PLC) & Association of Corporate Counsel 5 I. Overview A. Provide an Overview of the Recent Developments in the Exploration and Extraction of Mineral Resources in Your Jurisdiction. India is wealthy in its mineral resources and is largely self sufficient in the primary mineral raw materials used in industry. The primary mineral resources found are: ■ Mineral fuels coal and lignite. ■ Bauxite, chromite, iron and manganese ores. ■ Metallic minerals Ilmenite and rutile. ■ Almost all industrial minerals with the exception of chroysotile asbestos, borax, fluorite, kyanite, potash, rock phosphate and elemental sulphur. According to the latest reports released by the Indian Bureau of Mines (IBM) in 2013, the mining and quarrying sector accounted for about 2.4% of total GDP at US$32.381 billion. The mining sector also provides employment to around 0.6 million people. Some of the current major mining projects in India are: ■ Development and operation of coal blocks in the State of Chhattisgarh by Adani Mining Private Limited (a joint venture company with Rajasthan Rajya Vidyut Utpadan Nigam Limited). ■ Iron ore mining project in Kandhadhar Mines in the State of Odisha being undertaken by POSCO. ■ Iron ore mining project in Gua in the State of Jharkhand being undertaken by Steel Authority of India. Recent developments in mining include the introduction of the Mines and Minerals (Development and Regulation) Bill 2011 (the MMDR Bill), which is aimed at replacing the existing Mines and Minerals (Development and Regulation) Act 1957 (MMDR Act). The MMDR Bill seeks to provide a better environment for attracting both investment and technology in the mining sector (see Section VII.A). For more ACC InfoPAKs, please visit http://www.acc.com/infopaks 6 Energy and Natural Resources Multi-Jurisdictional Guide: Mining in India II. Regulatory Structure A. Regulation 1. Describe the Regulatory Framework for the Exploration and Extraction of Mineral Resources in Your Jurisdiction. a. Regulatory Framework India has a federal structure. Power and responsibilities are divided between the Union and the states in accordance with three lists contained in the Seventh Schedule of the Constitution of India 1950 (Constitution). These lists are: ■ Union - List I. ■ State - List II. ■ Concurrent List - List III. The union parliament has the exclusive power to make laws on matters enumerated in List I, the state legislatures on matters enumerated in List II and both the Union and the states have the power to legislate on matters enumerated in List III. Under the Constitution, state governments have been given powers under entry 23 of List II to regulate mines and the development of minerals, subject to entry 54 of List I, which allows the central government to exercise powers concerning the regulation of mines and the development of minerals to the extent that such regulation and development is declared by the parliament to be in the public interest. Apart from these entries, the state governments have been granted the power to impose taxes on mineral rights under entry 50 of List II. Minerals are classified into minor minerals and major minerals. Minor minerals include building stones, gravel, ordinary sand and any other minerals that the central government may declare to be a minor mineral (Mines
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