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Core Purpose

The Central Government hereby makes the Offshore Areas Atomic Minerals Operating Right Rules, 2025, in exercise of powers conferred by sub-section (1) and clause (c) of sub-section (2) of section 35 of the Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003).

Detailed Summary

The Ministry of Mines, through Notification G.S.R. 468(E) dated 14th July, 2025, published the Offshore Areas Atomic Minerals Operating Right Rules, 2025, which came into force on their publication date. These rules apply to operating rights for atomic minerals with a grade equal to or greater than the "threshold value in respect of atomic minerals," as specified in Schedule A of the Atomic Minerals Concession Rules, 2016. Operating rights for atomic minerals below this threshold are governed by the Offshore Areas Operating Right Rules, 2024. The Atomic Minerals Directorate for Exploration and Research (Directorate) determines applicability based on threshold value assessment. If atomic minerals below the threshold value are produced, they must be handled and disposed of per directives from the Department of Atomic Energy (conservation) and the Atomic Energy Regulatory Board (radiological safety). Agencies can conduct reconnaissance or exploration operations for atomic minerals without an operating right under section 5(1) of the Act, subject to Schedule A and notification by the administering authority after consultation with the Department of Atomic Energy. Upon completion, a geological report is submitted to the Department, Directorate, and administering authority. The Directorate then assesses the mineral grade: if below threshold, the Central Government may grant operating rights under sections 8, 12, or 13 of the Act; if equal to or greater than threshold and General Exploration (G2) or Reconnaissance Survey (G4) is completed, a production lease or composite licence, respectively, is granted under these rules. For grants initiated by the Department, if the Directorate's report indicates atomic minerals at or above the threshold, the administering authority proposes a composite licence or production lease, requesting the Central Government and Department to nominate a Government entity. The Central Government, after consulting various Ministries including Defence, Environment, Home Affairs, External Affairs, Space, Telecommunications, Fisheries, Earth Sciences, Ports, Shipping and Waterways, Petroleum and Natural Gas, Science and Technology, and New and Renewable Energy, may reserve the area by notification in the Official Gazette under section 8(1) of the Act.

Full Text

REGD. No. D. L.-33004/99 THE GAZETTE OF INDIA : EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 425] NEW DELHI, MONDAY, JULY 14, 2025/ASHADHA 23, 1947 CG-DL-E-16072025-264709 MINISTRY OF MINES NOTIFICATION New Delhi, the 14th July, 2025 G.S.R. 468(E).— In exercise of the powers conferred by sub-section (1) and clause (c) of sub-section (2) of section 35 of the Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003), the Central Government hereby makes the following rules, namely:— CHAPTER I PRELIMINARY 1. Short title and commencement.— (1) These rules may be called the Offshore Areas Atomic Minerals Operating Right Rules, 2025. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.— (1) In these rules, unless the context otherwise requires,— (a) “Act” means the Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003); (b) “Beach Sand Minerals” shall have the same meaning as assigned in serial number 6 of Part B of the First Schedule of the Mines and Mineral (Development and Regulation) Act, 1957 (67 of 1957); (c) “Board” means the Atomic Energy Regulatory Board constituted under section 27 of the Atomic Energy Act, 1962 (33 of 1962); (d) “Department” means the Department of Atomic Energy in the Central Government; (e) “Directorate” means the Atomic Minerals Directorate for Exploration and Research under the Department; (f) “Form” means form appended to these rules; (g) “illegal mining” means any reconnaissance operation or exploration operation or production operation undertaken by any person or a company in any offshore area without holding an operating right as required under sub-section (1) of section 5 of the Act or such operation is outside the boundaries of the offshore area for which the operating right has been granted: Provided that violation of any rules, other than the rules made under clause (pa) of sub-section (2) of section 35 of the Act, within the licence area or lease area by a licensee or lessee shall not be construed as illegal mining; (h) “lease area” means the area for which a production lease has been granted in accordance with the provisions of the Act and the rules made thereunder; (i) “licence area” means the area for which a composite licence has been granted in accordance with the provisions of the Act and the rules made thereunder; (j) “prescribed substances” means minerals included in the list of prescribed substances under the Atomic Energy Act, 1962 (33 of 1962); (k) “run-of-mine” means the raw unprocessed or uncrushed material in its natural state obtained after dredging or mining, from mineralised zone of a lease area; (l) “Schedule” means the Schedule to these rules; and (m) “threshold value in respect of atomic minerals” means the grade of atomic mineral, specified as percentage of weight of the prescribed substances contained in the ore, as specified and notified in Schedule A of the Atomic Minerals Concession Rules, 2016, as the threshold value for the particular atomic mineral occurring as such, or in association with one or more minerals. (2) Words and expressions used in these rules but not defined herein shall have the same meanings as assigned to them in the Act, the rules made thereunder or the Atomic Energy Act, 1962 (33 of 1962), as the case may be. (3) Application.— (1)These rules shall apply only to operating rights relating to atomic minerals occurring as such or in association with one or more other minerals, provided the grade of such atomic minerals is equal to or greater than the threshold value in respect of atomic minerals. (2) Operating rights relating to atomic minerals where the grade of atomic mineral contained in the ore is less than the threshold value in respect of atomic minerals shall be governed, mutatis mutandis, by the provisions of the Offshore Areas Operating Right Rules, 2024, in force. (3) A determination regarding applicability of these rules pursuant to assessment of threshold value in respect of atomic minerals against the existence of mineral resources shall be made by the Directorate in accordance with the provisions of sub-rule (5) of rule 4 or sub-rule (6) of rule 6 or sub-rule (6) of rule 7, as the case may be. (4) If one or more atomic minerals occur in association with other minerals but the grade of atomic minerals is less than the threshold value in respect of atomic minerals, then any atomic minerals resulting from production operations, processing or beneficiation shall be handled and disposed of in accordance with directives issued by the Department regarding conservation of atomic minerals and the directives issued by the Board regarding radiological safety. CHAPTER II RECONNAISSANCE OPERATION OR EXPLORATION OPERATION FOR ATOMIC MINERALS 4. Reconnaissance operation or exploration operation for atomic minerals under proviso to sub-section (1) of section 5 of the Act.— (1) The agencies, permitted under the proviso to sub-section (1) of section 5 of the Act may carry out reconnaissance operation or exploration operation for atomic minerals without an operating right and such operations shall be carried out in compliance with the Schedule A: Provided that where reconnaissance operation or exploration operation is to be undertaken under this sub-rule, the agencies desirous of undertaking such operations shall submit a request to the administering authority along with particulars of the area and the period required for reconnaissance operation or exploration operation. (2) The administering authority, with prior consultation with the Department shall, within a period of thirty days of receipt of the request, issue a notification in the Official Gazette. (3) Upon issuance of the notification, the administering authority shall not grant any operating right to any other person or agency for an area or a part thereof in relation to which a notification has been issued. (4) Upon completion of reconnaissance operation or exploration operation under sub-rule (1), the agency conducting such operations shall submit a geological report of its findings to the Department, Directorate and the administering authority in the format specified in the Schedule A. (5) Upon receipt of a geological report under sub-rule (4), the Directorate shall compare the grade of atomic minerals in the area where the reconnaissance operation or exploration operation has been undertaken with the threshold value in respect of atomic minerals and, if — (a) the grade of atomic minerals is less than the threshold value in respect of atomic minerals, the Directorate shall provide a written intimation, along with a copy of the geological report, to the Central Government, which may grant operating right over such area as per section 8, section 12 or section 13 of the Act, as the case may be, and the rules made thereunder: Provided that atomic minerals extracted during the exploration operations or production operations shall be handled and disposed of in accordance with the directives issued by the Department regarding conservation of atomic minerals and the directives issued by the Board regarding radiological safety; (b) the grade of atomic minerals is equal to or greater than the threshold value in respect of atomic minerals and, — (i) at least General Exploration (G2) has been completed to establish Indicated Mineral Resource (332), then a production lease shall be granted by the administering authority only in accordance with these rules; or (ii) at least Reconnaissance Survey (G4) has been completed to estimate Reconnaissance Mineral Resource (334) or mineral potentiality of the mineral block has been identified based on the available geoscience data but resources are yet to be established, then a composite licence shall be granted by the administering authority only in accordance with these rules. (6) The Directorate shall subject the geological reports, for reconnaissance operation or exploration operation generated by the Directorate, to a similar scrutiny as specified in sub-rule (5) and hand over the data to the administering authority for action contemplated under clauses (a) and (b) of sub-rule (5). (7) If the Directorate finds the geological report submitted under sub-rule (4) to be insufficient for making a determination under sub-rule (5), it may seek additional information or direct further reconnaissance operation or exploration operation and submission of findings with regard to such additional data as may be specified by the Directorate and upon receipt of such findings and data, the Directorate shall take action as specified in sub-rule (5). (8) The administering authority may revoke the notification granted under sub-rule (2), if the Directorate communicates in writing that the reconnaissance operation or exploration operation has been completed. CHAPTER III DISCOVERY AND GRANT OF OPERATING RIGHTS 5. Grant of operating right at the instance of Department.— Where on an examination of a geological report prepared in conformity with the parameters specified in the Schedule A by the Directorate, in accordance with the provisions of sub-rule (5) of rule 4, indicates the grade of atomic minerals to be equal to or greater than the threshold value in respect of atomic minerals, the administering authority shall — (a) identify and demarcate the area where a composite licence or production lease, as the case may be, is proposed to be granted; (b) submit a proposal for grant of composite licence or production lease over the area identified and demarcated under clause (a) with the precise areas along with longitude and latitude, to the Department and the Central Government with a request to nominate the Government, a Government company, or a corporation for the grant of such production lease or composite licence. 6. Procedure for grant of composite licence.— (1) In response to the request made by the administering authority under clause (b) of rule 5, the Department in consultation with the Central Government shall intimate to the Directorate and administering authority in writing of the prospective licensee, along with a confirmation regarding grade of atomic minerals in such area being equal to or greater than the threshold value in respect of atomic minerals. (2) On receipt of intimation under sub-rule (1), the Central Government, after consultation with the administering authority, may by notification in the Official Gazette, reserve such area in accordance with sub-section (1) of section 8 of the Act. (3) The Central Government shall consult the Department; Ministry of Defence; Ministry of Environment, Forest and Climate Change; Ministry of Home Affairs; Ministry of External Affairs; Department of Space; Department of Telecommunications; Department of Fisheries under the Ministry of Fisheries, Animal Husbandry and Dairying; Ministry of Earth Sciences; Ministry of Ports, Shipping and Waterways; Ministry of Petroleum and Natural Gas; Ministry of Science and Technology; Ministry of New and Renewable Energy; and any other Ministry or department as may be considered necessary, by the Central Government, before notifying any offshore area under sub rule (2). (4) The intimation referred to in sub-rule (1) shall be considered to be evidence of the existence of mineral resources for atomic minerals in the area for the purposes of second proviso to clause (b) of section 6 of the Act. (5) Upon notification of such area by the Central Government under sub-rule (2), a copy of intimation referred to in sub-rule (1) shall be sent by the administering authority to the prospective licensee. (

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