Draft rules: Mining M&As to get a fillip with ownership transfer nod

The one rider is that such switch is not going to end in change of the standing of captive mines to service provider mines or vice-versa,” mentioned FIMI’s joint secretary normal BK Bhatia.

The mines ministry has proposed a bunch of amendments to the mineral concession guidelines (MCRs) for minerals aside from atomic and hydro carbon vitality underneath which possession switch for every kind of mining leases obtained both by way of public sale or non-auction routes could be allowed. That is anticipated to encourage mergers and acquisitions within the sector.

Often, it takes three to 4 years for a profitable bidder to amass the possession of a mine after securing all clearances, together with atmosphere and forest nods; the brand new guidelines would imply that there gained’t be any bar on transferring the possession as soon as it’s vested.

The non-transferability of mining leases have been dampener for traders. “In keeping with the MMDR Modification Act, 2021, the draft Minerals (Apart from atomic and hydro carbon vitality mineral) concession (Fourth Modification) Guidelines, 2021 permits switch of mining lease in all instances whether or not auctioned/non-auctioned, captive/non-captive mines. The one rider is that such switch is not going to end in change of the standing of captive mines to service provider mines or vice-versa,” mentioned FIMI’s joint secretary normal BK Bhatia.

The Minerals (aside from atomic and hydro carbon vitality mineral) concession, 2016, which is now proposed to be amended, allowed switch of mines granted via the public sale route and the mines granted aside from underneath public sale route, however solely these meant for captive functions. “The switch proposal is ready to assist merger and acquisition within the mining house for which FIMI has been pursuing for a very long time,” Bhatia mentioned.

A proposal can be there to allow half give up of the mining lease with none restriction. As per the extant rule, if some lessee needs to give up the lease, then it needs to be surrendered your complete space of the mining lease. The one exception for part-surrender of the lease is permissible solely in case lessee has been unable to acquire forest clearance for such space. This proposal will assist in easy and efficient functioning of a mine and guarantee regular manufacturing.
Additionally, the federal government has proposed to halve the straightforward rate of interest, at the moment payable at 24% every year, on delayed fee for varied levies and charges together with on lease, royalty and others. “The discount within the penal rate of interest is a really welcome step. FIMI has been pursuing for this,” Bhatia mentioned.

The adjustments within the draft MCR, 2021, have been proposed to implement the amendments made in March this yr to the Mines and Minerals (Improvement and Regulation) Modification Act, 2021. The target of the modification was to extend employment and funding within the mining sector. It was additionally aimed toward enhancing the tempo of exploration and public sale of mineral sources.