Legal Provisions for promoting Sustainable Mining

The mining sector in India is regulated under The Mines and Minerals Development and Regulation Act 1957. The MMDR act allows the Union Government to regulate mines and development of minerals in public interest. The State government is the owner of minerals, grants concessions and collects fees as per provision of the act.?

Mine as per section 2(j) of Mines Act means any excavation for the purpose of searching for or obtaining minerals has been or is being carried from the Earth by means of tunneling and shafting as well as it includes open working or quarries.

The concept of sustainable mining is concerned with reducing the adverse effects of mining activities on the environment, society and governance.

The EPA (Environment Protection Act), 1986 (revised in 2006), and the Forest (conservation) act, 1980 were designed to monitor mining activities to protect the environment at all stages of the mineral resource extraction process, including planning, processing and closure. This paved the way for the recognition of natural resources as well as society, integrating two of the foundations of sustainable development.

The MMDR amendment introduced sustainable development in India’s mining sector for the first time in 2015. The MMDR amendment was first introduced in 2015 following the recommendations made by the committee led by Anwarul Hoda in 2005.

This paved the way for the creation of DMFs ( District Mineral Foundation) to promote sustainable development in the region and for the communities impacted by mining. One of the most significant milestones in the institutionalization of benefit sharing in India’s mining industry. In 2020, the Act was amended to maintain mineral production, and in 2021, the Act was further modified to increase mineral extraction.