The Offshore Areas Mineral (Development and Regulation) Act, 2002
Administered Ministry: Ministry of Mines
Act details
| Short title | The Offshore Areas Mineral (Development and Regulation) Act, 2002 |
|---|---|
| Long title | 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. |
| Act number | 17 of 2003 |
| Act year | 2003 |
| Enactment date | 30 Jan 2003 |
| Ministry | Ministry of Mines |
| Jurisdiction | Central (Parliament of India) |
| Sections | 46 |
| Schedules | 2 |
| Status | Not repealed |
| Last checked on India Code | 29 Oct 2026 |
| Source | India Code, Government of India |
Legislative history
Legislative History:
The Offshore Areas Mineral (Development and Regulation) Act, 2002
Act Title- The Offshore Areas Mineral (Development and Regulation) Act, 2002
Act Number / Year- 17 of 2003
Act ID (India Code)- 200317
Presidential Assent Date- January 30, 2003
Enforcement Date- January 15, 2010
Nodal Ministry- Ministry of Mines
Precedent & Statutory Rationale
1. Absence of Dedicated Legal Framework:
o Prior to 2002, the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) governed land-based (onshore) mineral development.
o Legal coverage over maritime zones was limited, and statutory authority was required under Article 297 of the Constitution to regulate mineral exploration and production in India's territorial waters, continental shelf, and Exclusive Economic Zone (EEZ).
2. Union Control over Offshore Resources:
o Declared it expedient in the public interest for the Union Government to take under its direct control the regulation and development of all non-hydrocarbon offshore minerals (excluding petroleum and natural gas, which are governed by separate oilfields legislation).
Parliamentary Trajectory & Enactment
• Formulation: Introduced as The Offshore Areas Mineral (Development and Regulation) Bill, 2001 to establish a structured licensing regime for marine mineral extraction.
• Parliamentary Passage: Scrutinized and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the Winter Session of 2002.
• Presidential Assent: Received Presidential Assent on January 30, 2003.
• Enforcement: Though enacted in 2003, the substantive operational provisions were formally brought into force on January 15, 2010.
Major Subsequent Legislative Amendment
• The Offshore Areas Mineral (Development and Regulation) Amendment Act, 2023 (Act No. 17 of 2023):
o Passed by Parliament: Passed by Lok Sabha on August 1, 2023, and Rajya Sabha on August 3, 2023.
o Presidential Assent: August 10, 2023.
o Enforcement Date: August 17, 2023.
• Source: Official Records of Parliament, India Code, and Ministry of Mines