Answer By law4u team
India’s vast coastline and extensive exclusive economic zone (EEZ) contain valuable seabed resources such as polymetallic nodules, hydrocarbons, and other marine minerals. Indian law regulates their exploration and exploitation to balance economic development with environmental sustainability. Multiple government bodies oversee seabed resource management under a framework guided by international obligations and national statutes.
Legal Framework Governing Seabed Resources in India
The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976
Defines India’s maritime zones and affirms sovereign rights over seabed resources within the EEZ and continental shelf.
The Mines Act, 1952 and The Mineral Concession Rules, 1960 (Amended)
Regulate mining activities including offshore mineral exploration and extraction, requiring licenses and permits.
The Environment Protection Act, 1986 and Coastal Regulation Zone (CRZ) Notifications
Ensure environmental clearances and restrict certain activities in coastal and marine areas to protect ecosystems.
Directorate General of Hydrocarbons (DGH)
Responsible for regulating exploration and production of offshore hydrocarbons, ensuring compliance with safety and environmental norms.
Ministry of Earth Sciences and Indian National Centre for Ocean Information Services (INCOIS)
Provide scientific data and monitoring to support sustainable seabed resource management.
International Obligations under UNCLOS
India adheres to the United Nations Convention on the Law of the Sea, which governs seabed mining beyond national jurisdiction and mandates environmental safeguards.
Regulatory Process for Seabed Resource Activities
Exploration permits issued by relevant ministries after technical and environmental assessment.
Environmental Impact Assessments (EIA) mandatory before extraction begins.
Continuous monitoring and reporting to regulatory authorities.
Compliance with safety and pollution control standards.
Penalties and legal action for violations.
Challenges in Regulating Seabed Resources
Balancing economic growth with marine environmental protection.
Technological limitations and high costs of deep-sea mining.
Coordination among multiple government agencies.
Ensuring compliance with evolving international norms.
Legal Protections and Rights
India’s sovereign rights over seabed resources within its EEZ and continental shelf.
Protection of traditional fishing rights and coastal communities under CRZ norms.
Enforcement mechanisms for unauthorized exploration or pollution.
Best Practices for Sustainable Management
Adopting advanced marine technologies for minimal environmental impact.
Regular environmental monitoring and scientific research.
Public consultations and stakeholder engagement in coastal zone management.
International collaboration for deep seabed mining beyond national jurisdictions.
Example
A mining company applies for a permit to explore polymetallic nodules in India’s EEZ. The regulatory process involves:
Submitting detailed exploration plans to the Ministry of Mines and Ministry of Environment for approval.
Conducting an Environmental Impact Assessment (EIA) and public hearing as per CRZ guidelines.
Receiving permits after thorough review and ensuring adherence to pollution control measures.
Regular reporting of exploration activities and environmental monitoring data.
If any violations occur, the company faces penalties or suspension of operations as per Indian law.
