Maarg Manthan · Topic 13.5

International and Indian Laws Regulating Mining Impact; Sustainable Mining

Environment & Ecology › Air, Marine, Noise and Other Pollution · Topic 13.5

Mining is regulated by a mix of international and Indian laws. Internationally, the United Nations Convention on the Law of the Sea (UNCLOS, 1982) and the International Seabed Authority govern mining of the seabed beyond national jurisdiction as the common heritage of mankind; the Basel, Minamata and Stockholm conventions deal with hazardous wastes, mercury and persistent pollutants; and industry guidance such as the International Council on Mining and Metals principles promotes responsible practice. In India the key laws are the Mines Act, 1952 for worker safety, the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), amended in 2015 and 2021, which controls grant of leases, auctions and the District Mineral Foundations, the Forest (Conservation) Act, 1980 for forest land, the Environment (Protection) Act, 1986 and the Environmental Impact Assessment Notification, 2006 for environmental clearance, the Water and Air Acts, and the Forest Rights Act, 2006. The National Mineral Policy 2019, star rating of mines and mine closure rules guide sustainable mining, which aims to meet mineral needs while limiting harm and restoring land.

5 min read · UPSC Prelims · Environment & Ecology · Air, Marine, Noise and Other Pollution

At a Glance

Main Indian law MMDR Act, 1957
Safety law Mines Act, 1952
Clearance EIA Notification, 2006
Local benefit District Mineral Foundation
Policy National Mineral Policy, 2019
Exam link UPSC Prelims, Environment & Ecology: Air, Marine, Noise and Other Pollution

Where Does It Fit?

This topic completes the sequence on mining, after impacts and sensitive ecosystems. It shows the rules and practices designed to limit damage, before the macro turns to air pollution. Previous topic: Sensitivity of Select Ecosystems to Mining. Next topic: Causes and Harmful Effects of Air Pollution.

Which Laws and Instruments Regulate Mining?

Instrument	Role
Mines Act, 1952	Regulates working conditions, health and safety of mine workers; Directorate General of Mines Safety enforces it
MMDR Act, 1957	Governs grant, renewal and transfer of mining leases; amended in 2015 to introduce auctions and District Mineral Foundations; 2021 amendment eased captive mine use and lease transfer
Mineral Conservation and Development Rules	Rules for scientific mining, conservation of minerals and progressive mine closure plans
Forest (Conservation) Act, 1980 (now Van Adhiniyam)	Diversion of forest land for mining needs central approval and compensatory afforestation
Environment (Protection) Act, 1986 and EIA Notification, 2006	Mining projects need environmental clearance after assessment and public hearing
Water and Air Acts	Consent to establish and operate from pollution control boards
Forest Rights Act, 2006 and PESA	Give gram sabhas a say in tribal areas

What Is Sustainable Mining and What International Rules Exist?

UNCLOS and ISA: regulate seabed mining beyond national waters as the common heritage of mankind
Basel Convention: controls transboundary movement of hazardous wastes, including some mining wastes
Minamata Convention: curbs mercury use in artisanal gold mining
ICMM: industry body with sustainable development principles
National Mineral Policy 2019: stresses sustainable mining, ease of business, exploration and use of mine waste
Star rating of mines: scheme of the Ministry of Mines that ranks mines on environment and social standards
Sustainable Development Framework: guidelines for mining companies on environment and community aspects
District Mineral Foundation: trust in each mining district that uses a share of royalty for affected communities

What Else Should You Remember?

Common heritage of mankind: principle applied to the seabed and its resources beyond national limits
Lease: legal permission to mine a specified area for a set period
Auction: since 2015, major minerals leases are mostly granted by competitive bidding
DMF: District Mineral Foundation, funded by a percentage of royalty, spends on health, education and water in affected areas
PMKKKY: Pradhan Mantri Khanij Kshetra Kalyan Yojana, under which DMF funds are used
National Mineral Exploration Trust: funds exploration from a levy on mining
Progressive mine closure: reclamation done during mining, not only at the end
Final mine closure plan: a plan, with a financial guarantee, for post-mining restoration
Environmental clearance: granted by the Environment Ministry or the State Environment Impact Assessment Authority
Public hearing: local people are heard before clearance
Mining lease and forest clearance: both are needed where forest land is affected
Goa Foundation case: Supreme Court in 2014 capped iron ore output in Goa and later cancelled leases in 2018
Samatha case: 1997 Supreme Court judgment that barred transfer of tribal land to non-tribals for mining in Scheduled Areas
Orissa Mining Corporation case: the Niyamgiri decision of 2013
Common Cause case: Supreme Court in 2017 ordered recovery of penalties for illegal mining in Odisha
Shah Commission: a 2010 inquiry into illegal mining of iron ore and manganese
NGT orders: the National Green Tribunal has banned rat-hole mining and regulated sand mining
Enforcement and Monitoring Guidelines for Sand Mining, 2020: require replenishment studies, satellite tracking and monitoring
Zero waste mining: using overburden and tailings for construction and backfill
Technology: drones, satellite monitoring and automation help compliance and safety
Recycling: scrap metal recycling lowers the need for new mining
Link to previous: see Sensitivity of Select Ecosystems to Mining
Link to next: see Causes and Harmful Effects of Air Pollution
Link to EIA: see Environment Impact Assessment (EIA): Definition and Brief History in India
Caution: laws and amendments change often, so check the latest MMDR amendments and court orders
Exam hint: learn each law with its year and what it regulates

Why Does It Matter for the Exam?

Safety: Mines Act 1952
Lease law: MMDR 1957
Local fund: DMF
Current affairs link: Critical minerals and auctions
Common errors: mixing the Mines Act with the MMDR Act

As an analytical point, mining law now covers safety, leasing, clearance and local benefit, but results depend on monitoring and honest closure. Trusts such as DMFs and star ratings help only if funds are spent well and ratings are credible.

Why Is This Topic Important?

Safety Mines Act
Lease MMDR
Clearance EIA

What Came Next?

The next topic covers the causes and harmful effects of air pollution. Next topic: Causes and Harmful Effects of Air Pollution.

Key People and Terms

MMDR Mines and Minerals Act
DMF District Mineral Foundation
EC Environmental clearance
ISA Polymetallic nodules,…">International Seabed Authority
Progressive closure Restoration during mining
PMKKKY DMF welfare scheme

Exam Corner

Points to Remember

Mines Act: 1952.
MMDR Act: 1957.
DMF came with the 2015 amendment.
EIA Notification: 2006.
Mineral Policy: 2019.

Do Not Confuse With

Mines Act and MMDR Act Worker safety versus lease regulation
DMF and royalty Community trust versus state revenue
ISA and DGMS Seabed authority versus mine safety directorate

Memory Hook

Fifty-two safety, fifty-seven lease, fifteen auctions, DMF shares.

Mains Angle

Questions ask for laws and years. These points help.

Laws Safety, lease, EIA
Reform DMF, auctions
Gap Closure

A Question You May Face

An original practice question, not a past paper question.

“Discuss the legal framework for regulating the environmental impact of mining in India and the idea of sustainable mining.”

How to Answer

Laws MMDR, EIA.
Courts Cases.
Reform DMF, rating.
Gap Closure.

GS Relevance

Prelims: laws, bodies, concepts. GS Paper 3: mining regulation and sustainability.

Frequently Asked Questions

Which law regulates mining leases in India?

The Mines and Minerals (Development and Regulation) Act, 1957 regulates the grant, renewal and transfer of mining leases and prospecting licences for minerals. It has been amended several times, notably in 2015 to introduce auctions and District Mineral Foundations, and in 2021 to ease captive mine rules and lease transfers.

What is a District Mineral Foundation?

A District Mineral Foundation is a non-profit trust set up in each mining district under the 2015 amendment of the MMDR Act. Lease holders pay it a share of royalty, used for people and areas affected by mining, such as water, health, education and livelihoods, under PM Khanij Kshetra Kalyan Yojana.

What clearances are needed for a mining project?

A mining project needs a mining lease, environmental clearance under the EIA Notification, 2006 after assessment and public hearing, forest clearance if forest land is used, consent from the pollution control board under the Water and Air Acts, and in tribal areas the consent of gram sabhas where required by the Forest Rights Act.

What is sustainable mining?

Sustainable mining aims to meet mineral needs while minimising environmental damage, protecting worker safety and community interests, and leaving land restored. It includes careful siting, pollution control, progressive reclamation, mine closure plans, recycling and use of mine waste, star rating of mines and sharing of benefits with local people.

How is seabed mining regulated internationally?

The UN Convention on the Law of the Sea declares the seabed beyond national jurisdiction, called the Area, to be the common heritage of mankind. The International Seabed Authority, based in Kingston, Jamaica, grants exploration contracts and is developing rules for exploitation. India holds an exploration contract for polymetallic nodules in the Central Indian Ocean Basin.

PYQ Practice — Statement Analysis

1 The MMDR Act was passed in 1957.

True

Amended in 2015 and 2021.

2 The Mines Act regulates mining leases.

False

It regulates worker safety.

3 District Mineral Foundations were created by the 2015 amendment.