Cabinet Approves Royalty Rates For mining Of 3 Critical And Strategic Minerals

The Union Cabinet chaired by the Prime Minister Narendra Modi approved amendment of Second Schedule of the Mines and Minerals (Development and Regulation) Act, 1957 (‘MMDR Act’) for specifying rate of royalty in respect of 3 critical and strategic minerals, namely, Lithium, Niobium and Rare Earth Elements (REEs).

Recently, the Mines and Minerals (Development and Regulation) Amendment act, 22023 was passed by the Parliament, which has come into force from 17th August, 2023. The Amendment, among other things, delisted six minerals, including Lithium and Niobium, from the list of atomic minerals, thereby allowing grant of concessions for these minerals to private sector through auction. Further, the amendment provided that mining lease and composite license of 24 critical and strategic minerals (which are listed in Part D of the First Schedule of the Act), including Lithium, Niobium and REEs (not containing Uranium and Thorium), shall be auctioned by the Central Government.

Today’s approval of the Union Cabinet of specification of rate of royalty will enable the Central Government to auction blocks for Lithium, Niobium and REEs for the first time in the country. Royalty rate on minerals is an important financial consideration for the bidders in auction of blocks. Further, manner for calculation of Average Sale Price (ASP) of these minerals has also been prepared by the Ministry of Mines which will enable determination of bid parameters.

The Second Schedule of the MMDR Act provides royalty rates for various minerals. Item No.55 of the Second Schedule provides that royalty rate for the minerals whose royalty rate is not specifically provided therein shall be 12% of the Average Sale Price (ASP). Thus, if the royalty rate for Lithium, Niobium and REE is not specifically provided, then their default royalty rate would be 12% of ASP, which is considerably high as compared to other critical and strategic minerals. Also, this royalty rate of 12% is not comparable with other mineral producing countries. Thus, it is decided to specify a reasonable royalty rate of Lithium, Niobium and REE as below:

(i)    Lithium – 3% of London Metal Exchange price,

(ii)   Niobium –3% of Average Sale Price (both for primary and secondary sources),

(iii) REE- 1% of Average Sale Price of Rare Earth Oxide