Environmental Concerns in Mining Laws in India

ENVIRONMENTAL CONCERNS IN MINING LAWS IN INDIA

- M. K. RAMESH

Environmental Concerns under Mining Laws, as a general rule till Eightees, veneer thin.

I.        THE MINES ACT, 1952:THE MINES RULES, 1955:

Central Legislation to regulate

i)        Labour and

ii)       Safety in mines

II        THE MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT, 1957

1)       Central Legislation for

i)        regulation of Mines and

ii)       the development of minerals under the Control of Union Government.

2)       Excludes Mineral Oils (-like, Natural Gas and Petroleum)

3)       Prospecting or mining operations possible only under a licence or lease.  Geological Survey of India, Indian Bureau of Mines, Atomic Minerals Division, Directorate of Mining and Geology of any State Government do not require such licence or lease.

4)       S. 4A (introduced by amendment in 1986 and came into effect from 10/2/1987) refers to premature termination of prospecting licences or mining leases by State Government, upon a request of central Government forms on opinion (-after consulting State Government) that such a measure was

(i)       expedient in the interest of regulation of mines and mineral development

(ii)      for preservation of natural environment,

(iii)     to control of floods

(iv)     prevention of pollution,

(v)      to avoid danger to public health

(vi)     Communication

(vii)    monuments or other structures

(viii)    for conservation of mineral resources

(ix)     for maintaining safety in the mines or

(x)      for such other purposes

The State Government may, on its own, resort to this measure for similar aforementioned reasons.  Following such a premature termination, the State Government may grant a prospecting licence or mining lease in favour of such Government Company or corporation owned or controlled by Government as it may deem fit.  Order of premature termination can be issued only after giving a reasonable opportunity of being heard by the licence or lessee.

S. 18:           Mineral Development: (1986 Amendment effective from 10/2/21987) Central Government has the duty to take such steps as are necessary for the conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling any pollution which may be caused by prospecting or mining operations.  The Central Government has the power of making appropriate rules in this regard.

III.      THE MINERAL CONSERVATION AND DEVELOPMENT RULES, 1988

1)       Rule 3 Definitions: Clause (j): AEnvironment@ and AEnvironmental Pollution@ - to have the same meaning assigned under EPA.

2)       Ch. IV SS 31-41: Environment:

(i)       Rule 31: Licence/Lessee to take all possible precautions for protection of Environment and control of pollution while conducting prospecting, mining etc.

(ii)      Rule 32: The top soil that gets removed in the operations, should be removed separately and the same has to be utilised for restoration or rehabilitation of land which is no longer required for prospecting or mining operations or for stabilising or landscaping the external dumps.   When such top soil cannot be used concurrently, it shall be separately stored for future use.

(iii)     Rule 33: The waste rock etc, generated during prospecting/mining shall be stored in separate dumps and so secured as not to cause degradation of environment or cause floods.  The operations should be such that every conceivable effort be made, to the extent possible, to back fill the same in to the excavations to restore the land to its original use or terraced for growing vegetation upon it. 

(iv)     Rule 34:  Duly is imposed upon the prospector to undertake the phased restoration, reclamation and rehabilitation of lands affected by prospecting/mining operations.  This should be completed before conclusion of the operations and abandonment of the activity.

(v)      Rule 35: Scientific Investigations carried out by the prospector involving blasting operations and resultant ground vibrations, should be within safe limits as not damage public buildings or monuments.

(vi)     Rule 37, 38, 39 and 40: Air Pollution caused as a result of prospecting mining activity should be within the prescribed limits under Air Act, 1981 and EPA 1986.  Any discharge of Toxic liquids, should be subjected to proper treatment as to conform to standards prescribed.  Noise pollution, too emanating from the operations, should be within the prescribed limits.

(vii)    Restoration of flora(Rule 41): Prospector/miner are required to ensure, that the operations cause least damage to the flora of the area and should take expedient measures to plant twice the number of trees destroyed by the activity take care of them before handing them over to the concerned authorities.

IV       THE KARNATAKA MINOR MINERAL CONCESSION RULES, 1994

1)       Rule 6: Quarrying not permitted within 50 metres (if no blasting is involved) and 200 metres (if blasting is involved), from the boundary of any railway line, reservoir, tank bund, canal or other public works and public structures or any public road or building.

2)       Rule 8: Quarrying lease/licence cannot be granted to a person other than an Indian Citizen, except with the prior approval of Central Government, no quarrying lease shall be granted in any forest land.

PROBLEMS OF PROSPECTING, MINING AND FOREST DEGRADATION IN THE WESTERN GHATS: A FEW RANDOM LEGAL REFLECTIONS

- M. K. RAMESH

1)       Mining in  Bisgod: Extraction of Manganese Ore by Mysore Minerals Company spread over 525 hectares, in Yellapur. Taluka, amidst thick natural forest area.  Lease period between 1969 and 1989 and renewed at short-intervals, thereafter.  Filing of a PIL in 1997 and the activity ceased since 1998.

Problems:

i)        Digging of huge pits and the only method of restoration adopted was of planting Acacia variety.

ii)       Soil Erosion during rainy season.

iii)       Siltation of water bodies, leading to choking of water streams and water logging.

iv)      Social and cultural problems, like rise in liquor shops and alcoholism.

v)       Health and Sanitary problems

vi)      Timber logging - mainly for fuel wood.

Legal Responses: 

i)        Case Law: RLEK v. State of U.P. (Doon Valley Litigation)

ii)       Violation of Mines and Minerals Legislations (especially after amendments in 1987)

iii)       Law of Nuisance - S.133 Cr.P.C. (Health, Social and Cultural problems)

iv)      Attracts operation of Indian Forest Act, Forest Conservation and Wildlife Protection Act; EPA, 1986; Air and Water Acts.

2)       Sand Mining in Harumaskeri Village: Proposal for setting up of a Silica Sand mining unit, covering an area of 76 acres - Public Hearing for the same postponed sine die.  The proposal site is ostensibly outside the CRZ area ( CZMP, not made available).  Inaccuracies exist in the plan as to site location and number.  The DC has certified that the owners of agricultural land covered in the proposed unit have no objections of the activity.  There are a number of inaccurate factual data made available in the project proposal.  Sand extraction, in the region, not uncommon and is being carried out in a clandestine manner for quite some time.

Legal Responses: 

<                     Need for verification of records and for securing authentic details as to the proposal, as a pre-condition and be made available for perusal of all the concerned desirous of appearing for the public hearing.

<                     Existing illegal activities to be brought to the attention of

a)       Revenue Authorities

b)       Dept. of Environment, Ecology and Forests

c)       Pollution Control Authorities

d)       Municipal and Panchayat Authorities and

e)       Dept. of Mines and Minerals for initiation of legal action against violators of law

3)       Mining and Deforestation in Belgaum and UK Districts and in Goa

700 Sq. kms. Of land in question.  Tree felling and mining in Manganese occurring in the area, From this area the river Mahadanyi (Mandovi) originates and is the rainiest place in the State of Karnataka.  The area is contiguous to Molem (Goa) and Dandeli (Karnataka) sanctuaries and a significant part of it is in Reserve Forest Area.

Legal Responses:

i)        Attracts operation of the law concerning reserve forests

ii)        Scope exists for take over of private forests by government (Under Ch.V Ss. 35-38 of Indian Forest Act)

iii)       Attracts operation of S.2 of Forest Conservation Act

iv)      Attracts Mining and Minerals Regulations

v)       Provisions concerning sanctuaries under Wildlife Protection Act can be put to use.

v)       Scope exists for reference to Banwasi Seva Ashram; RLEK Tarun Bharat Sangh and Godavarman cases