Panaji, 14th September, 2023 (Bhadra 23, 1945)

SERIES I No. 24

Reg. No. RNP/GOA/32/2021-2023

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Suggestions are welcomed on e-mail: dir–[email protected]

2017

GOVERNMENT OF GOA

Department of Mines

Directorate of Mines & Geology

__

Notification

DMG/34/AUCTION CELL/DUMP

POLICY/2023/2044

The “Policy for regulating iron ore dump

handling in the State of Goa” is hereby

published for the general information of the

public.

By order and in the name of the Governor

of Goa.

Dr. S. Shanbhogue, Director & ex officio

Joint Secretary.

Panaji, 13th September, 2023.

––––––

Notification

DMG/34/AUCTION CELL/DUMP

POLICY/2023/2045

Policy for Regulating Iron Ore Dump

Handling in the State of Goa

Preamble.— The Hon’ble Supreme Court,

in Writ Petition (Civil) No. 435 of 2012 filed by

Goa Foundation versus the Union of India and

others (hereinafter referred to as Goa

Foundation I), amongst others, declared vide

its Judgment and order dated 21-04-2014 as

follows:

SUPPLEMENT

(i) the deemed mining leases of the

lessees in Goa expired on 22-11-1987 and

the maximum of 20 years renewal period

of the deemed mining leases in Goa expired

on 22-11-2007 and consequently mining by

the lessees after 22-11-2007 was illegal and

hence

the

impugned

order

dated

10-09-2012 of Government of Goa and the

impugned order dated 14-09-2012 of the

MoEF, Government of India are not liable

to be quashed

(ii) dumping of minerals outside the

leased area of the mining Lessees is not

permissible under the MMDR Act and the

Rules made thereunder’.

Prior to pronouncement of the said

Judgment and Order dated 21-04-2014, the

State of Goa had notified the Policy for

regulating the mining dumps on Government

and private lands, and related issues on

03-09-2013. It was a one-time policy

formulated for dealing with the issue of

mining dumps and other related issues. The

said policy largely concerned itself with the

violation of the provisions of the Goa Land

Revenue Code by virtue of the occupation of

Government land and private lands, by

mining dumps stacked by the erstwhile

leaseholders in the absence of obtaining

permission and/or paying the requisite fees

towards the conversion of the land use. The

said Policy condoned the use of the land upon

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14TH SEPTEMBER, 2023

2018

payment of conversion fees by the erstwhile

lease holders. In addition to the above, the

erstwhile lease holders were also permitted

to thereafter remove the dumps from

Government land. However, subsequent to

the notification of the said Policy the Hon’ble

Supreme Court in Goa Foundation I, declared

dumping of minerals outside the lease area

itself as illegal. Therefore, in light of the

Judgment and order passed in Goa

Foundation I, so far as the Policy for regulating

the mining dumps on Government and private

lands, and related issues collected the

conversion charges, fines and rent from the

erstwhile lease holders, the same cannot be

faulted with, as upon payment of the said

amounts the conversion without valid

authorization of the land use whereupon the

dumps stand, was condoned; however, as the

activity of dumping outside the lease area is

declared as without valid authorization by the

Hon’ble Supreme Court, the erstwhile

leaseholders do not have a right to handle

the dump, except in accordance with the

policy decision reflected herein. Therefore, the

present policy is in continuation and

modification of the earlier policy for regulating

the mining dumps on Government and private

lands, and related issues.

The Hon’ble Supreme Court by its Order

dated 11-11-2013 passed in Goa Foundation I

constituted an Expert Committee consisting

of 6 members to conduct a Macro-EIA study

and propose a ceiling of the annual excavation

of Iron Ore from the State of Goa, and also

sought opinion of the Expert Committee on

how to deal with the mining dumps outside

the leased area.

Further, the Judgment and Order passed

in Goa Foundation I, amongst others directed

as follows:

‘88.11. The Expert Committee will submit

its report within six months from today on

how the mining dumps in the State of Goa

should be dealt with and will submit its final

report within twelve months from today on

the cap to be put on the annual excavation of

iron ore in Goa’.

As directed vide the Judgment and order

passed in Goa Foundation I, the Expert

Committee submitted its reports. The issue

regarding dumps was covered in the interim

report dated 14-10-2014 and the final report

dated 12-04-2015 of the Expert Committee.

The Government of Goa, thereafter filed an

Interlocutory Application bearing No. 6524/

/2020 before the Hon’ble Supreme Court

therein praying for permission to carry out

dump mining on the basis of the

recommendations of the Expert Committee,

which application was allowed vide Order

dated 13-12-2022, thereby permitting the

Government of Goa to carry out dump mining

activities in accordance with the Expert

Committee’s

Report

and

specifically

paragraph No. 6 that is containing the

recommendation of the Expert Committee.

The Expert Committee in its report dated

12-04-2015 has recorded as follows:

‘However, in the State of Goa, the

segregation of various categories of mined

materials is not very clear. In earlier days

and as late as 2005, only saleable material

was segregated and the rest was put in

dumps. Slowly and steadily miners in Goa

adopted segregation methods that conform

to the above categorization of mined products

in Goa. However, there are several mines

which are continuing with the old practice.

As a result, the dumps in Goa that are

considered to be waste may contain Fe vales

of unknown range and also other associated

and industrial minerals.’

‘Dumps or stacks of ore (raw or processed)

that are marketable presently are not dealt

with in this report’

‘There has been no observation and/or

order in the judgement of this Court dated

21st April, 2014, on ownership and/or

expropriation of dumps within or outside the

mining lease. Therefore, the levy of fees and

the handling of the dumps is a State matter

and needs to be governed by the State, in

accordance with the Goa (Prevention of Illegal

Mining, Storage, Transportation of Minerals)

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Rules, 2013 and GMP 2013, other relevant

Acts and Rules.’

‘Upon considering the amendment brought

about to the Land Revenue Code, the

Committee suggested that the appropriation/

ownership of the dumps outside the lease

area is in the domain of the Government of

Goa. However, by bringing an amendment in

the LRC, and its being as per a Mining Plan

(approved by IBM), handling of the dumps

located outside the lease area becomes the

prerogative of the lessees. In view of this, the

Committee suggested that the Government

of Goa may formulate a sound dump handling

policy, in line with the above judgments/acts/

rules, and after taking into consideration the

aspects of environment, ecology, economy of

the area and conservation of minerals.’

Further, the Expert Committee has

classified valuable mineral fraction as:

a) Ores (Marketable),

b) Sub-grade Ore (above threshold

value) and

c) Low-grade Ore (below threshold

value).

In light of the decision of the Hon’ble

Supreme Court dated 13-12-2022 passed in

I. A. No. 6524/2020, the report of the Expert

Committee, the Judgment and order dated

21-04-2014 passed in Goa Foundation I, and

the Goa Mineral Policy 2013 the Government

of Goa is hereby pleased to frame the present

policy for regulating dump handling in the

State of Goa.

The dumps which were created by the

mining companies in the land/areas which

are not shown in the mining plan were not

even permitted by the State Government or

any

other

Authority.

Therefore,

the

Government of Goa has deemed it fit to treat

dumps situated outside the lease area but

depicted on the mining plan and the dumps

situated outside the lease area but not

depicted on the mining plan differently. The

mining plans which depicted the dumps

outside the lease area were duly approved

by the Indian Bureau of Mines at the relevant

point of time. The Mining plan as per the MC

Rules was required to include the handling

of waste, mineral rejects, a tentative estimate

about accretion of mine waste and its manner

and mode of disposal and confinement.

1. Scope of the Policy.— 1.1. As per the

declarations provided by the Concessionaires/

erstwhile Lessees, the total stock of dumps

in Goa exceeds 700 Million Metric Tons as on

date. However, some of these dumps were

already worked since then.

1.2. Dump constitutes the excavated

material accumulated in the form of heap or

pile on the surface of the land or stocked on

the demineralized area temporarily or

permanently during mining, and the material

stocked or piled can be re-handled as and

when required not only for recovery of Fe

mineral and associated minerals but also to

fulfil the norms of mine closure plan as

specified by the regulatory bodies. Therefore,

dumps include not only the piles of stocks of

exploitable Fe mineral, but it also includes

wastes and tailings.

1.3. A Dump site would mean and include

earmarked areas either within the mining

lease or outside the lease area utilized for

storing ore, overburden lumps or fines,

rejects, sub-grade material, tailings or earth/

soil generated during mining operation or

extraction of ROM.

1.4. The present policy shall cover all

dumps including tailing dumps, existing as

on date, inventoried and not inventorized

created from mining activities and which fall

within and outside the lease areas,

irrespective of whether they form a part of

the inventory of dumps maintained by the

Department of Mines and Geology or not.

However, the present Policy shall not apply

to those dumps which are located within the

lease areas of leases which have been

successfully auctioned under sub-section (4)

of section 8A of the MMDR Act. This is

necessitated as it is not practical to have two

operators separately for dump mining and

actual mining within the lease area.

Therefore, it is proposed that the successful

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bidder in the auction process is allowed to

handle dumps along with other mining

activity, subject to having obtained all the

necessary approvals and upon the execution

of the lease deed between the Directorate of

Mines and Geology and the proposed lessee.

2. Dumps situated outside the lease area

on private property.— 2.1. All dumps which

have not been approved or shown in the

mining plan sanctioned by the IBM shall be

deemed to be completely illegal and neither

the lease holder nor any other person shall

have any right to the same. Such dumps shall

be

compulsorily

auctioned

by

the

Government.

2.2. With respect to the inventoried dumps

situated on private properties falling outside

the lease area, but depicted on the mining

plan, only if the Conversion fees in terms of

the Policy for regulating the mining dumps

on Government and private lands, and related

issues and the fine contemplated under

sub-section 1A of section 33 of the Goa Land

Revenue Code, have been paid; the erstwhile

lease holder shall be permitted to remove the

dump within a period of five years from the

date of publication of the present policy or

such further period as may be notified,

subject to payment of royalty and compliance

of all statutory requirements.

2.3. The erstwhile lease holders who fall

under category 2.2. above shall not handle

such dumps without the prior permission from

the Director of Mines and Geology. The

erstwhile lease holder shall prepare a proper

plan of handling such dump including the

manner in which the same shall be processed

and transported. The Directorate of Mines and

Geology shall verify upon inspection and the

following details shall be identified; details of

Mining Lease associated with the site or the

person, company, body incorporated, agency,

association of person associated with the site,

details about ownership of the site, the right

under which the said site was used for

dumping, permission for temporary use on

rent, details of date since the site is or was

being used for the purpose of dumping or

stocking, the person, company, agency or any

other body that is responsible for the site and

authorization for the same.

2.4. Samples shall also be collected from

three random points of the dump in order to

ascertain the Fe content of the material

forming the dump.

2.5. With respect to the all dumps

(inventoried or not) situated on private

property outside the lease area and whether

depicted on the mining plan or not, and

wherein the conversion fees with respect to

the said land in terms of the Policy for

regulating the mining dumps on Government

and private lands, and related issues and the

fine contemplated under sub-section 1A of

section 33 of the Goa Land Revenue Code

have not been paid by the erstwhile lease

holder, all such dumps shall be auctioned by

the Government of Goa.

2.6. With respect to the dumps situated

outside the lease area but not depicted on

the mining plan, the dump shall be auctioned

by the Government of Goa.

3. Dumps situated outside the lease area

on Government property.— The dumps

situated outside the lease area, on

Government property shall be auctioned

irrespective of whether the same is depicted

on the mining plan and payment of

Conversion fees in terms of the Policy for

regulating the mining dumps on Government

and private lands, and related issues and the

fine contemplated under sub-section 1A of

section 33 of the Goa Land Revenue Code

has been paid by the erstwhile lease holder.

4. Dumps within the lease area wherein the

lease area has not been auctioned nor

proposed for auction under section 8A of the

MMDR Act.— With respect to the leases

which have not been put up for auction and

are neither proposed for auction in terms of

section 8A of the MMDR Act, the Government

has already issued Rule 12(1) (hh) notices to

such lease holders and as such the lease

holders do not have any rights whatsoever

to such dumps. These dumps shall be

auctioned by the Government of Goa.

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5. Manner in which the dumps will be

auctioned.— 5.1. The State of Goa shall

auction the dumps in accordance with the

e-auction policy devised by the State of Goa

for such dumps.

5.2. Priority handling of dumps will be

accorded to dumps which are unstable,

adjoining water bodies or otherwise sensitive

in nature.

5.3. Prior to processing any dump for

auction, the Directorate of Mines and Geology

will conduct a dump profile study of each

dump.

5.4 . With respect to the dumps that have

not been declared and as such do not form a

part of the inventory of dumps maintained

by the Government of Goa, the Director of

the Directorate of Mines and Geology or his

representative,

shall

upon

receiving

information of the existence of such a dump,

carry out an inspection and add the said

dump to the inventory of dumps. The said

dump shall thereafter be auctioned in terms

of the procedures contemplated in the

present policy, irrespective of whether the

dump is situated within a lease area or

outside the lease area, and/or situated on

private land or situated on Government land.

5.5. In the first phase, the un-stabilized

dumps lying outside the lease area will be

taken up for auction no sooner, the dump

profile study is completed qua the said dump.

5.6. The operator for dump mining outside

the lease area will be selected through a

competitive bidding process. The successful

bidder in the auction process shall need to

take all necessary approvals as may be

required including environmental clearance

from the competent authority, if applicable,

consent to operate and various other

approvals as may be required from the

different authorities.

5.7. Since some of the dumps are within

forest areas including Sanctuary causing

problem for wild life. The State Government

will seek special approval (if required) from

the MOEF for the removal of these dumps

and/or for the purpose of filling of large pits

of closed mines in the interests of

afforestation, and wild life preservation and

only upon receiving a report from Forest

Department that the removal of such dump

is in the interest of the flora, fauna, forest

cover and in the interest of wildlife, shall the

State Government allow the removal of such

dumps.

5.8. Apart from payment of royalty, the

successful bidder shall also pay DMF, GIOPF

and NMET, whichever are applicable under

the MMDR Act, 1957 and the rules made

thereunder, and any other charges as may

be prescribed from time to time by the State

Government.

5.9. The Government, in the e-auction

policy devised will prescribe the time frame

for obtaining the statutory approvals/

clearances/permissions, timelines for carrying

out dump mining and clearing the dumps,

schedule of payments to be made to the

Government and all other conditions as may

be required for conduct of dump mining by

the successful bidder.

5.10. The entire proceeds of the dump

mining activity by the successful bidder will

go to the Government treasury and no firm

or person is eligible for any claim of

whatsoever nature towards any monetary

benefit from such proceeds.

5.11. The Government shall not be

responsible for any dispute between the

erstwhile mining leaseholder, the successful

bidder, the land owner and/or any other

party, and the successful bidder shall

indemnify the Government to that extent.

5.12. Until the study by NEERI into what

the optimum quantum of fresh mining in Goa

State should be, an ad hoc limit of 25 million

tons for dump transportation on public roads

is hereby imposed.

6. Compensation to be paid to for breach

of surface rights.— 6.1. Where the dump is

situated on the property belonging to a

private entity and the continuous presence

and working of the dump on the said property

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leads to infringement of the rights of the

private entity, the said private entity shall be

entitled to compensation in terms of

sub-section (4) of section 36 of the Goa Land

Revenue Code.

6.2. Rent/Occupation fees will be payable

to the Government of Goa with respect to

dumps situated on Government land at the

rate as prescribed in the e-auction policy to

be devised by the State of Goa.

7. Proceedings and recoveries.— 7.1. The

auction of the dump, will not come in the

way of the Government of Goa taking action

under the provisions of the Goa Land Revenue

Code and the Policy for regulating the mining

dumps on Government and private lands, and

related issues against the party that had

created the dump, on Government land

outside the lease area, or against the owner

of the land wherein the said land upon which

the dump stands belongs to a private entity.

Save and except those cases wherein

proceedings under section 33(1A) of the Goa

Land Revenue Code have been initiated and

the relevant conversion fees and fines have

already been paid.

7.2. In the event the dump in question is

the subject matter of an SIT inquiry, the same

can be auctioned upon intimation to the SIT,

as the continued presence of the dump in no

manner facilitates or assists the investigation.

8. Precautions to be carried out whilst

carrying out dump mining.— 8.1. Whilst

carrying out dump mining all the necessary

care and precaution ought to be taken in

order to prevent any threat to life, any health

hazard, loss of lives from dump sliding etc.

8.2. All reasonable measures need to be

put into place to prevent run-off from the

dump, siltation and pollution of fields and

rivers, estuaries and marshes, and overall

degradation of the surrounding environment.

9. Cancellation and modification of earlier

policies.— 9.1. The Goa Mineral Policy 2013,

to the extent it deals with dump and dump

handling stand cancelled for all purposes and

shall no more be enforceable.

9.2. The policy for regulating the mining

dumps on Government and private lands, and

related issues shall stand modified to the

extent it is inconsistent with this policy and

any such inconsistent clauses in the policy

shall be deemed to have been cancelled for

all purposes.

10. Powers of the State Government.—

Notwithstanding anything contained in the

foregoing paragraphs of the present Policy,

the State Government, by issuance of

notification in the Official Gazette, may amend

or withdraw any of the provisions mentioned

here in above.

By order and in the name of the

Governor of Goa.

Dr. S. Shanbhogue, Director & ex officio

Joint Secretary.

Panaji, 13th September, 2023.

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