Saturday, July 28, 2012

Policy-TEH NEW MINING BILL: IMPACT

After Nearly two years of Discussions and Delays, The revised MMDR Bill is likely to be placed in The Parliament. Will the protesting locals and industry elements finally find peace? Doubts remain. 

However, if industry analysts are to be believed, the implementation of the proposals of the MMDR Bill could erode profits of metal companies by 4-10% and the impact would be more on companies with more captive coal content. “The MMDR Bill is unfavourable to the metals and mining sector as miners will have to share 26% of their profits. If this happens, miners will lose around Rs.80 billion annually. In the short-to-medium term, the sector’s performance will become bleak due to the monsoons,” says SMC analyst Saurabh Jain. One more factor troubling the sector is the fear of an impending fall in Chinese zinc prices. “It is said that between June and August, smelters will sell stocks and cut output due to a lukewarm demand, which will reduce imports of concentrates,” adds Jain.

While most of the analysts contacted by B&E agreed on this, some also believed that it was too premature to forecast the exact impact on the companies. This line of thought is backed by the fact that there are many changes that are likely to happen after the draft Bill is presented before the Cabinet and Parliament. Also, given the discussions that are likely to be taken up while legislating this Bill, further delay cannot be ruled out.

However, there is a sentiment that in whatever form the Bill eventually becomes a law, the broad impact would eventually be negative for the companies. The passage of the new Bill has been delayed by close to two years now for want of consensus.

Miners, who are still unsure about the quantum of impact the new regulations would have, are scared, as their discussions suggest. They contest that the Indian mining industry is the most heavily taxed industry in the world consisting of various charges/levies under the old MMDR Act, Forest (Conservation) Act 1980, Environment (Protection) Act 1986, Labour Welfare Fund Act / Labour Welfare Cess, Income Tax Act 1961 (direct and indirect taxes) and other local tax as applicable. The present scenario suggests that there is an attempt in the draft MMDR Act, 2010, to make the levies heavier and make the sector appear unattractive to private investors, domestic or foreign. Agrees R.K.Sharma, Secretary General of the Federation of Indian Mineral Industries. “The proposals in the draft Bill will prevent much needed investments from flowing into the mining sector. Overseas companies will not be interested to invest in a highly-regulated and a highly-taxed sector,” he says. Also, the current government regulations permit 100% foreign direct investment (FDI) in most mining activities under the automatic route. However, the actual FDI flows (as per industry reports) have been a meagre $150-200 million. But this has not deterred the government from setting the ambitious target of increasing FDI in the sector to over $20 billion over the next few years. India has 85 billion tonne of mineral reserves, which are yet to be exploited. Encouraging FDI, many feel, can be important for the development of the Indian mining and minerals industry.
         
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