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Offshore Areas Mineral (Development and Regulation) Act, 2002 Complete Act

Title: Offshore Areas Mineral (Development and Regulation) Act, 2002

State: Central

Year: 2002

..... Chapter IV Section23 - Offences Section24 - Offences by companies Section25 - Place of trial Section26 - Previous sanction of Central Government for prosecution Section27 - Offences triable by Court of Session Chapter V Section28 - Civil liability and adjudication Chapter VI Section29 - Extension of enactments to offshore areas Section30 - Compounding of offences Section31 - Recovery of certain sums as arrears of land revenue Section32 - Delegation of powers Section33 - Protection of action taken in good faith Section34 - Appeals Section35 - Power to make rules Section36 - Relaxation in specific cases Section37 - Persons to be public servants Section38 - Removal of difficulties ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE

Offshore Areas Mineral (Development and Regulation) Act, 2002 Preamble 1

Title: Offshore Areas Mineral (Development and Regulation) Act, 2002

State: Central

Year: 2002

THE OFFSHORE AREAS MINERAL (DEVELOPMENT AND REGULATION) ACT, 2002 [Act, No. 17 of 2003] [30th January, 2003.] PREAMBLE an act to provide for development and regulation of mineral resources in the territorial waters, continental shelf, exclusive economic zone and other maritime zones of India and to provide for matters connected therewith or incidental thereto. be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:--

Offshore Areas Mineral (Development and Regulation) Act, 2002 Complete Act

State: Central

Year: 2002

.....Notwithstanding anything contained in this Act, the Central Government may" (a) authorise seaward artillery practice under the Seaward Artillery Practice Act. 1949 (8 of 1949); (b) provide for, by notification in the Official Gazette, special measures to ensure public safety and interest, the defence of India and civil defence, conduct of the naval operations and exercises, national security and other strategic - considerations and the matters connected therewith during war like conditions or otherwise. (4) No operating right shall be granted or renewed otherwise than in accordance with the provisions of this Act and the rules made there under and any reconnaissances permit exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this Act or any rules made there under, shall be void. SECTION 06: GRANT OF OPERATING RIGHT The Central Government shall not grant an operating right to any person unless such person" (a) is an Indian national, or a company as defined in Section 3 of the Companies Act, 1956 (1 of 1956); and (b) satisfies such conditions as may be prescribed : Provided that no production lease for atomic minerals or.....

Offshore Areas Mineral (Development and Regulation) Act, 2002 Chapter II

Title: General Provisions for Acquition of Operating Rights in the Offshore Areas

State: Central

Year: 2002

.....anything contained in this Act, the Central Government may-- (a) authorise seaward artillery practice under the Seaward Artillery Practice Act, 1949 (8 of 1949); (b) provide for, by notification in the Official Gazette, special measures to ensure public safety and interest, the defence of India and civil defence, conduct of the naval operations and exercises, national security and other strategic considerations and the matters connected therewith during war like conditions or otherwise. (4) No operating right shall be granted or renewed otherwise than in accordance with the provisions of this Act and the rules made thereunder and any reconnaissance permit, exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this Act or any rules made thereunder, shall be void. Section 6 - Grant of operating right The Central Government shall not grant an operating right to any person unless such person-- (a) is an Indian national, or a company as defined in section 3 of the Companies Act, 1956 (1 of 1956); and (b) satisfies such conditions as may be prescribed: Provided that no production lease for atomic.....

Offshore Areas Mineral (Development and Regulation) Act, 2002 Chapter I

Title: Preliminary

State: Central

Year: 2002

..... (1) This Act shall apply to all minerals in the offshore areas including any mineral prescribed by notification under clause (g) of sub-section (1) of section 2 of the Atomic Energy Act, 1962 (33 of 1962) except mineral oils and hydrocarbons related thereto. (2) Except as otherwise provided in this Act, the provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force in the offshore areas. Section 4 - Definitions In this Act, unless the context otherwise requires,-- (a) "administering authority" means an authority notified, in the Official Gazette, by the Central Government for the purposes of this Act; (b) "atomic minerals" means the minerals included in atomic minerals specified in Part B of the First Schedule to the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957); (c) "Coast Guard" means the Coast Guard constituted under the Coast Guard Act, 1978 (30 of 1978); (d) "exploration licence" means a licence granted under section 12; (e) "exploration operation" means any operation undertaken for the purpose of exploring, locating or proving the mineral deposits; (f) "holder",.....

Offshore Areas Mineral (Development and Regulation) Act, 2002 Section 4

Title: Definitions

State: Central

Year: 2002

.....effect on living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the offshore areas and impairment of quality of sea water for use and reduction of amenities; (r) "prescribed" means prescribed by rules made under this Act; (s) "production operation" means any operation undertaken for the purpose of winning any mineral from the offshore area and includes any operation directly or indirectly necessary therefor or incidental thereto; (t) "production lease" means a lease granted under section 13 which confers an exclusive right for the purpose of undertaking production operation; (u) "reconnaissance operation" means any preliminary geo-scientific survey undertaken for the purpose of searching or locating mineral deposits; (v) "reconnaissance permit" means a permit granted under section 11 for the purpose of undertaking reconnaissance operation; (w) "vessel" includes any ship, boat, sailing vessel or any other vessel of any description.

Offshore Areas Mineral (Development and Regulation) Act, 2002 Section 5

Title: Reconnaissance, Exploration or Production to Be Under Permit, Licence or Lease

State: Central

Year: 2002

.....of Mines, Nagpur and shall also give therein reasons and indicate whether the whole or any part of the report or data submitted by him should be kept confidential. (3) Notwithstanding anything contained in this Act, the Central Government may-- (a) authorise seaward artillery practice under the Seaward Artillery Practice Act, 1949 (8 of 1949); (b) provide for, by notification in the Official Gazette, special measures to ensure public safety and interest, the defence of India and civil defence, conduct of the naval operations and exercises, national security and other strategic considerations and the matters connected therewith during war like conditions or otherwise. (4) No operating right shall be granted or renewed otherwise than in accordance with the provisions of this Act and the rules made thereunder and any reconnaissance permit, exploration licence or production lease granted, renewed or acquired in contravention of the provisions of this Act or any rules made thereunder, shall be void.

Offshore Areas Mineral (Development and Regulation) Act, 2002 Section 16

Title: Royalty

State: Central

Year: 2002

(1) A lessee shall pay royalty to the Central Government in respect of any mineral removed or consumed by him from the area covered under the production lease, at the rate for the time being specified in the First Schedule in respect of that mineral. (2) The Central Government may, by notification in the Official Gazette, amend the First Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification: Provided that the Central Government shall not enhance the rate of royalty in respect of any mineral more than once during any period of three years.

Offshore Areas Mineral (Development and Regulation) Act, 2002 Section 13

Title: Grant of Production Lease

State: Central

Year: 2002

.....shall grant a production lease to any person who-- (a) is eligible under section 6 for grant of operating right; (b) produces, to the satisfaction of the administering authority, evidence that such person possesses the requisite technical ability and financial resources to undertake production operation based on such scientific parameters as may be prescribed; (c) submits a work programme for the systematic development of the mineral deposits of the area applied for, prepared in such manner and supported by such data as may be prescribed and obtained through exploration operation, setting forth the activities proposed to be carried out during the period of the lease including the resources assessment of the area, the intended schedule of commercial production, methods and technologies to be used for commercial production and processing, measures to be taken to protect the environment and to monitor the effectiveness of environmental safeguards; (d) undertakes not to deviate from work programme for production lease approved by the administering authority; and (e) has fulfilled, to the satisfaction of the administering authority, all the statutory obligations under.....

Offshore Areas Mineral (Development and Regulation) Act, 2002 Section 8

Title: Reservation of Areas

State: Central

Year: 2002

(1) The Central Government may, from time to time, by notification in the Official Gazette, reserve any offshore area not already held under any operating right, for the purposes of the Central Government and, where it proposes to do so, it shall, by notification in the Official Gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area shall be reserved. (2) The Central Government may, from time to time, by notification in the Official Gazette, dereserve, any area reserved under sub-section (1), in the interest of development and regulation of the offshore mineral.