There is no violation by beach mineral industries - Reply in the parliament confirm the same

When approaching for study of replenishment of minerals, Atomic Minerals division (AMD) and National Institute of Ocean Technology (NIOT) replied that, they have no facility to carryout the replenishable study. Hence the preliminary study was carried out by the former State Director of Geology and Mining and again studied through Madras University and the reports were submitted to IBM for their reference.

There is no provision either in the MMDR Act or Rules framed thereunder or the mining lease deed to fix up the quantity of mineral permitted to  mine from a particular mine. The only requirement is the mineral consumed or transported should be royalty suffered under section 9 of MMDR Act. Moreover even if the mining quantity is more than the quantity mentioned in the approved mining plan, this does not comes under the purview of illegal mining. In case mining operation is carried out in a non lease hold area, then only it amounts illegal mining. In case, the production is more than the tentative quantity mentioned in the approved mining plan above the tolerance limit of 20% and if the lessee failed to get modified mining plan, it amounts violation of MCDR, 1988 and it does amounts illegal mining. This has been confirmed by the Honourable Minister in the Parliament.  Relevant portion is given below.