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THE OFFSHORE AREAS MINERAL (DEVELOPMENT AND REGULATION) ACT, 2002

Title : THE OFFSHORE AREAS MINERAL (DEVELOPMENT AND REGULATION) ACT, 2002

Year : 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:-



(1) This Act may be called the Offshore Areas Mineral (Development and Regulation) Act, 2002.

(2) It shall come into force on such date1* as the Central Government may, by notification in the Official Gazette, appoint.
 
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1. Effective from 15.01.2010 vide Order No. SO338(E) dated 11.02.2010.

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It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals in offshore areas to the extent hereinafter provided.



(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.



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", in relation to any operating right, means the lessee, licensee or permittee, as the case may be, in respect of such operating right;

(g) "Hydrocarbon" means very large group of chemical compounds composed of carbon and hydrogen;

(h) "Indian national" means a citizen of India and includes a firm or other association, if all the members of the firm or, as the case may be, the members of the association, are citizens of India;

(i) "Lessee" means the person in whose name the production lease is granted;

(j) "Licensee" means the person in whose name the exploration licence is granted;

(k) "Mine" means any place in the offshore area wherein any exploration or production operation is carried on, together with any vessel, erection, appliance, artificial island or platform and premises in the offshore area used for the purposes of exploration, winning, treating or preparing minerals, obtaining or extracting any mineral or metal by any mode or method, and includes any area covered by an exploration licence or production lease where exploration or production operation has been, or is being, or may be, carried on under the provisions of this Act;

(l) "Mineral" includes all minerals except mineral oil and hydrocarbon resources relating thereto;

(m) "Mineral oil" includes natural gas and petroleum;

(n) "Offshore area" means the territorial waters, continental shelf, exclusive economic zone and other maritime zones of India under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976);

(o) "Operating right" means the right of holder of a reconnaissance permit, or an exploration licence, or a production lease;

(p) "Permittee" means the person in whose name the reconnaissance permit is granted;

(q) "Pollution of offshore environment" means the introduction by any person, directly or indirectly, of substances or energy into the offshore environment which results, or is likely to result, in deleterious 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.
Last updated on August, 2016

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