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Coordination-Cum-Empowered Committee (CCEC) Meeting Ministry of Mines, Government of India March 13, 2015 Rules for Implementation of MMDR Amendment Ordinance, 2015
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2 Implementation of MMDR Amendment Ordinance,2015 SBICAPs - ‘Transaction Advisor’ for implementing provisions of MMDR Amendment Ordinance, 2015 Auction Mechanism Develop auction methodology/procedures for major minerals Develop benchmark(s) for Geological and Feasibility Reports Develop Model Tender Documents and Model Contracts Organise Stakeholders consultations Assist few State Governments in carrying out a few auctions Rule Modifications
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3 Proposed Auction Mechanism and Legislative Framework
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4 Mineralisation Requirements Mining Lease (ML) Level of exploration Detailed (G1) or General (G2) Pre-feasibility needed Local Geology, Mineralogy, Host Rock Mining- pre-production plan Identified potential environmental constraints Infrastructure Land Block size and exploration level? Different minerals? 4 type of deposits Who will determine/ validate mineralisation ? Estimating Average Grade ? Issues in Mineralisation Composite Lease (PL-cum-ML) Preliminary Exploration (G3) - Inferred (333) Mineral Resource
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5 Valuation of Identified Mineral Block Estimated Value Total Estimated quantity of reserve/resource ‘X’ 12-month average of IBM notified State level price of mineral (average grade)
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6 End Use Reservation Proviso to Section 10B(6) “…Reservation for a particular mine or mines for a particular end use…” End Use definition 100% end use of the mineral excavated Participation up to 1.25 times the mineral requirements for 50 years for the installed capacty & under installation(Signed MoU). Issues in End Use Reservation End user does not use all grades – mineral conservation. Joint ventures Stand alone Beneficiation plants
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7 Bidding | Pre-requisites Pre-requisites for auctioning by State Government Block Identification Evidence of Mineral Contents Requirements for earmarking for end use industry In principle statutory clearances Forest(Stage I) Wildlife, etc. In principle consent of land owners In principle consent for transfer of Revenue land for start of mining / prospecting operations Area not reserved under Section 17A
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8 Bidding Mechanism- Mining Lease (ML) Category A (>500Cr) & B (5-100Cr) Similar to coal auction model Ascending forward auction Multistage process – Technical Bid with Initial Offer Auction with floor price of Highest Initial Price Offer of Eligible Bidder Only Top 50% bidders ranked on Initial Offer eligible to participate in Auction – to give Final Offers. Highest final offer Category C(<100Cr) & D(Small Deposit<5ha) Ascending forward auction Multistage process – Technical Bid with Initial Offer Auction with floor price of Highest Initial Price Offer of Eligible Bidder Eligibility restricted to locals, tribals, co-operatives.
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9 Bidding Parameters - ML Mining Lease (ML) & Composite Lease (PL-cum-ML): Revenue Share or Fixed Rate/ Tonne – Choice to States Normative Production Sharing Model (NPS Model) Bidders would be required to quote a per cent of production as the bidding parameter. Payable Amount equal to the multiple of: 1. Actual production from the mine; 2. % quoted by the Successful Bidder 3. Average price of the mineral as published by IBM for a period of twelve months immediately preceding the month of payment. Fixed Rate With Escalation Model (RWE Model) Bidders would be required to quote a rate per metric tonne as the bidding parameter. Payable amount equal to the multiple of 1. Rate quoted by the Successful Bidder as escalated on a year on year basis as per the [escalation index] 2. The actual production from the mine
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10 Bidding Mechanism- PL-cum-ML Category 1: All notified minerals & Minerals other than notified minerals, if the Value of Resources is more than 200 Cr Ascending forward auction NPS Model only Category 2: Minerals other than notified minerals, if the Value of Resources is equal to or less than 200 Cr Single price bid auction
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11 Bidding | Performance and Payments Mining Lease (ML) Upfront Payment – 1% of Valuation– payable in 3 installments Performance Security – 2% of Valuation – Bank Guarantee (BG) Royalties as applicable Performance commitments (minimum production, etc.) State Government to take over other minerals extracted from the block Quarterly payments Composite Lease (PL-cum-ML) No upfront premium at PL stage No Royalties at PL stage Performance commitments (exploration) Performance Security – 0.5% value of block at PL stage - BG At ML stage – all payments/ milestones as per ML Quarterly payments at ML stage
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