Environmental Regulations for Minor Mineral Mining Leases

1. 11

2. The Environment Impact Assessment Notification, 1994 did not apply to
mining of minor minerals.
Realizing the potential of such projects to adversely affect the different
components of environment, MAJOR AND MINOR MINERALS were brought
under the ambit of the new re-engineered EIA Notification, 2006.
As per the provision of this notification, mining of minerals with lease area
of 5 ha and above require prior environmental clearance under the
provision thereof.
Still, mine lease area of less than 5 ha (both major and minor mineral) was
kept out of EIA Notification purview.
The EIA Notification, 2006 amendment Notification dated 1st
December,
2009 again kept mining lease area of less than 5 ha (both coal and non-coal
mine) out of EIA Notification purview.
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3. June, 2010 : Guidelines for ‘Sustainable Mining of Minor Minerals’ by MoEFCC.
Feb 27,
2012
: Supreme Court order dated 27.2.2012 –all leases of minor mineral be granted after prior EC.
May 18,
2012
: Office Memorandum, First time covered all minor mineral mining leases
to obtain prior Environmental Clearance.
June 24,
2013
: OM dated 24th
June, 2013 guidelines specific to ‘brick earth’ and ‘ordinary earth’
Sep 9, 2013 : Categorized all minor mineral leases below ≤50 ha area under ‘B’ category.
Exemption of applicability of GC for minor mineral leases having area < 5 hectares but not
forming cluster (located within 500 m from the periphery equal or exceeds 5 ha. )
Later, NGT order dated 13.01.2015 quashed this notification.
December
24, 2013
: Amended the notification dated 9th
September, 2013.
All mining lease area less than 25 ha under B2 for which required documents for appraisal: -
a)Form -1 as per Appendix-I under EIA Notification, 2006;
b)Pre-feasibility report of the project;
c)Mining plan approved by the authorized agency of the concerned State Govt.
If cluster situation >25 ha will require EIA Report for appraisal & public consultation process
(as applicable).
River sand mining projects <5 ha, exempted from EC.
June, 2014 : Reduced the area of 10 kilo meter to 5 kilo meters for applicability of GC.

4. Oct 7,
2014
:
Exemption of applicability of GC for all mining leases having area < 5 ha
unless forming cluster (located within 500 m from the periphery equal or exceeds 5 ha).
Jan 13,
2015
:
 NGT directed to issue comprehensive but self-contained policy on environmental
clearance for mining leases of minor mineral;
 NGT declared Notification dated 09.09.2013 as invalid & quashed it.
 It also quashed the paragraph 4 (b) (i) of O.M. dated 24th June 2013 which provided
that “No borrowing of earth / excavation of ‘brick earth’ or ‘ordinary earth’ shall be
permitted in case the area of borrowing / excavation is within 1 km of boundary of
national parks and wild life sanctuary.”
 Similarly the proviso at paragraph 2 (iii) of O.M. dated 24.12.2013 which says that “No
river sand mining project, with mine lease area less than 5 ha, may be considered for
granting EC” has been quashed.
Sep,
2015
:
Guidelines on Sustainable Sand Mining Management.
creation of District Environment Impact Assessment Authority and
proper monitoring of sand mining using information technology and information
technology enabled services to track the mined out material from source to destination.
Jan 15,
2016
:
Amendment in EIA Notification 2006 w.r.t to minor mineral mining including sand mining
and others
Jan 20,
2016
: Constitution of DEIAA and DEAC FOR APPRAISING B2 category projects of minor minerals.

5. ≥ 25ha and
<50ha
> 5 ha and
<25 ha
0-5 ha
Cluster of mine leases
of area ≥ 25 hectares
with individual lease
size <50ha
Cluster area of Mine
leases > 5 ha and < 25
ha with no individual
lease > 5 ha
Cluster area of mine
leases upto 5 ha
Appraisal on basis of
EIA/EMP* and Public
hearing*
Appraisal on basis of
EIA/EMP* and Public
hearing*
Form –1, PFR and Approved
Mine Plan and EMP*
Form –1, PFR and Approved
Mine Plan and EMP*
Form –1M, PFR and
Approved Mine Plan
Form –1M, PFR and
Approved Mine Plan
If GC
Applicable **
If GC
Applicable **
* One EIA/EMP & public consultation for entire cluster
** GC Exemption -for project or activity of mining of minor minerals of Category ‘B2’ (upto 25 ha of mining lease area) and
River bed mining projects on account of inter-state boundary.;

6. Area of Lease
(Hectare)
Category
of
Project
Requirement
of EIA / EMP
Requirement
of Public
Hearing
Requiremen
t
of EC
Who can
Prepare EIA/
EMP
Who will
apply for EC
Authority
to
Appraise/
grant EC
Authority
to
monitor EC
compliance
EC PROPOSAL OF SAND MINING AND OTHER MINOR MINERAL MINING ON THE BASIS OF INDIVIDUAL MINE LEASE
0 – 5ha ‘B2’ Form –1M, PFR and Approved Mine Plan.
(NO REQUIREMENT OF EIA/EMP).
No Yes Project
Proponent
Project
Proponent
DEAC/
DEIAA DEIAA,
SEIAA,
SPCB,
CPCB,
MoEFCC
Agency
nominated
by
MoEFCC
> 5 ha and < 25 ha ‘B2’ Form –I, PFR and Approved Mine Plan and
EMP
(NO REQUIREMENT OF EIA/EMP).
No Yes Project
Proponent
Project
Proponent
SEAC/
SEIAA
≥ 25ha and <
50ha
‘B1’ -Yes- EIA / EMP -Yes- Public
Hearing
Yes Project
Proponent
Project
Proponent
SEAC/
SEIAA
≥ 50 ha ‘A’ -Yes- EIA / EMP -Yes- Public
Hearing
Yes Project
Proponent
Project
Proponent
EAC/
MoEFCC
EC PROPOSAL OF SAND MINING AND OTHER MINOR MINERAL MINING IN CLUSTER SITUATION
Cluster area
of mine leases
upto 5 ha
‘B2’ Form –1M, PFR and Approved Mine Plan No Yes
State,
State
Agency,
Group of
Project
Proponents,
Project
Proponent
Project
Proponent
DEAC/
DEIAA
DEIAA,
SEIAA,
SPCB,
CPCB,
MoEFCC
Agency
nominated
by
MoEFCC
Cluster area of
Mine leases > 5 ha
and <25 ha with
no individual lease
> 5 ha
‘B2’ Form –1M, PFR and Approved Mine Plan
and one EMP for all leases in the Cluster.
(NO REQUIREMENT OF EIA & P.H).
No Yes Project
Proponent
DEAC/
DEIAA
Cluster of mine
leases of area ≥ 25
hectares with
individual lease
size <50ha
‘B1’ EIA / EMP-Yes (required to be prepared for
the entire cluster)
Public
Hearing for
entire
cluster
Yes SEAC/
SEIAA
Cluster of any size
with any of the
individual lease ≥
50ha
‘A’ EIA / EMP-Yes (required to be prepared for
the entire cluster)
Public
Hearing for
entire
cluster
Yes EAC/
MoEFCC

7.  Cluster Formation:
 When the distance between the peripheries of one lease is less than 500 meters
from the periphery of other lease in a homogeneous mineral area.
 Application submission for EC for proposals in cluster:
 EC to be applied by the individual project proponent.
 EC grant for proposals in cluster situation:
 EC to be issued to the individual project proponent.
 EIA/EMP for cluster:
 Required to be prepared for the entire cluster.
 Public consultation for cluster:
 One Public consultation for the entire cluster.
 Authorized persons for document preparation for EC :-
 For Category ‘B2’ projects:
Registered Qualified Person (RQP) or NABET Accredited Consultants.
 For Category ‘A’ and Category ‘B1’
Only NABET Accredited Consultants.

8. COMPOSITION OF DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA)
Constituted by Central Government
COMPOSITION OF DISTRICT LEVEL ENVIRONMENT IMPACT ASSESSMENT AUTHORITY (DEIAA)
Constituted by Central Government
COMPOSITION OF DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC)
Constituted by Central Government
COMPOSITION OF DISTRICT LEVEL EXPERT APPRAISAL COMMITTEE (DEAC)
Constituted by Central Government
SUB-DIVISIONAL COMMITTEE
comprising of Sub-Divisional
Magistrate, Officers from
Irrigation department, State
Pollution Control Board or
Committee, Forest
department, Geology or mining
officer shall visit each site for
which environmental clearance
has been applied for and make
recommendation on suitability
of site for mining or
prohibition thereof.

9.  DSR form the basis for appraisal of projects for EC.
 Prepared for each minor mineral in the district separately.
 River Bed Mining Management guidelines September, 2015 to be followed.
 Draft DSR displayed on district’s website for twenty one days.
 Final Report to be finalized within six months by the DEIAA.
 Updated once every five years.
 SURVEY CONDUCTION: carried out by the DEIAA with the assistance of
Geology Department or Irrigation Department or Forest Department or
Public Works Department or Ground Water Boards or Remote Sensing
Department or Mining Department etc.

10.  IT enabled services for effective monitoring.
 Monitoring ensured by -DEIAA, SEIAA and the State Pollution Control Board or Committee
 Transport Permit-Printed by State Mining Department & Issued to mine lease holder through
the District Collector. Printed on Indian Banks’ Association (IBA) approved Magnetic Ink
Character Recognition (MICR) Code, paper, Unique Barcode Unique Quick Response (QR)
code, Fugitive Ink Background, Invisible Ink Mark, Void Pantograph, Watermark. Scanning of
Transport Permit or Receipt and Uploading on Server
 Android Based Smart Phone (small mines < 5 hectares) & CCTV camera, Personal Computer
(PC), Internet (for larger mines- >5 hectares)
 Monitoring ensured by -DEIAA, SEIAA and the State Pollution Control Board or Committee
 Tracking of Vehicles:-check points, RFID Tags, and GPS tracking.
 Alerts or Report Generation & Action Review- daily lifting report, vehicle log or history.

13. In June, 2010, MoEFCC evolved guidelines for sustainable mining of Minor Minerals
The Hon’ble Supreme Court, vide its order dated 27.2.2012 in I.A. No.12-13 of
2011 in SLP (C) No.19628-19629 of 2009 titled Deepak Kumar etc. V/s State of
Haryana & Ors. has inter alia ordered “We, in the meanwhile, order that leases of
minor mineral including their renewal for an area of less than five hectares be
granted by the States/Union Territories only after getting environmental
clearance from the MoEF.”
In order to ensure compliance of the aforesaid order of the Hon’ble Supreme Court,
MoEFCC issued Office Memorandum No.L-11011/47/2011-IA.II(M) dated 18.05.2012,
thereby, First time, covering all minor mineral mining leases to obtain prior
Environmental Clearance.
OM dated 24th June, 2013, stated guidelines specific to ‘brick earth’ and ‘ordinary
earth’ having lease area <5 hectares for obtaining EC.
The above Office Memorandum was not dealing with the issues of any other minor
mineral & sand mining activity except ‘brick earth’ and ‘ordinary earth’.
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14. Further, MoEFCC has issued an amendment to EIA Notification vide Notification S.O. 2731 (E) dated 9th
September 2013 has amended the EIA Notification, 2006 for item 1 (a) as follows:
(1) (2) (3) (4) (5)
1(a) (i) Mining
of
minerals
≥50 ha of mining lease
area in respect of non-
coal mine lease
>150 ha of mining lease
area in respect of coal
mine lease Asbestos
mining irrespective of
mining area
≤50 ha of mining lease area in respect of
minor mineral mine lease; and
≤50 ha >5 ha of mining lease area in
respect of other non-coal mine lease
≤150 ha >5 of mining lease area in
respect of coal mine lease.
General Conditions shall apply except for project or activity of
less than 5 ha of mining lease area for minor minerals:
Provided that the above exception shall not apply for project or
activity if sum total of the mining lease area of the said project or
activity and that of existing operating mines and mining projects
which were accorded environment clearance and are located
within 500 meters from the periphery of such project or activity
equals or exceeds 5 ha.
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In this Notification:
a new category of minor mineral was introduced- all mining lease area of minor mineral less than 50 ha under
category ‘B’ .
Project or activity of lease area < 5 hectare for minor minerals will be exempted from the ‘General Conditions’.
Simultaneously, the concept of ‘cluster’ for minor mineral mining leases was introduced.
Exemption of applicability of GC- if the sum total of the lease area of the said project or activity and that of
existing operating mines and mining projects which were accorded EC and are located within 500 m from the
periphery of such project or activity equal or exceeds 5 ha.
Anomaly mining leases of major minerals (non-coal mine and coal mine) of area less than 5 ha. were still
kept out of EC.

15. Office Memorandum dated 24th
December, 2013, issued by MoEFCC mentions about:
 Categorization of Category ‘B’ projects into Category ‘B1’ and ‘B2’.
 All minor mineral mining projects with mining lease area less than 25 ha appraised as
Category 'B2' projects, subject to the stipulations stated therein.
 Provided, in case the mining lease area is likely to result into a cluster situation, if the
periphery of one lease area is less than 1 km from the periphery of another lease area and
total lease area equals or exceeds 25 ha, the activity shall become Category 'B1’ Project
under the EIA Notification, 2006. EC has to be obtained in respect of the cluster.
 No river sand mining project with mining lease area of less than 5 hectares may be
considered for grant of Environmental Clearance. Such area up to 25 hectares would be
categorised as ‘B (2)’ and such projects were to be considered, subject to the stipulations
stated therein.
 Sand mining, in area other than riverbeds, would be permitted, only if the Project
Proponent takes Environmental Clearance.
MoEFCC Notification No. S.O. 1599 (E ) dated 24th
June, 2014 -reduced the area of 10 kilo
meter to 5 kilo meters for applicability of GC.
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16. Notification No. S.O. 2601 (E ) dated 7th
October 2014,
Anomaly created by the Notification dated 09.09.2013 was corrected,
Category of minor mineral was deleted and mining leases were again classed as non-coal
mine and coal mine
Mining lease area of less than 50 ha was made category ‘B’ for non-coal mine and mine lease
area of less than equal to 150 ha for coal mine was made category ‘B’.
All Mining leases having area less than 5 ha was exempt from the applicability of General
Conditions and cluster concept of Notification dated 09.09.2013 was retained.
(1) (2) (3) (4) (5)
1(a) (i) Mining
of
minerals
≥50 ha of mining lease
area in respect of non-
coal mine lease
>150 ha of mining lease
area in respect of coal
mine lease.
≤50 ha of mining lease area in
respect of Non coal mine lease.
≤150 ha >5 of mining lease area in
respect of coal mine lease.
General Conditions shall apply except for project or activity of
less than 5 ha of mining lease area.
Provided that the above exception shall not apply for project or
activity if sum total of the mining lease area of the said project or
activity and that of existing operating mines and mining projects
which were accorded environment clearance and are located
within 500 meters from the periphery of such project or activity
equals or exceeds 5 ha.

17. Under this, the NGT declared the Notification dated 09.09.2013 as invalid & quashed it.
It has also quashed the paragraph 4 (b) (i) of O.M. dated 24th June 2013 which provided that “No
borrowing of earth / excavation of ‘brick earth’ or ‘ordinary earth’ shall be permitted in case the
area of borrowing / excavation is within 1 km of boundary of national parks and wild life sanctuary.”
Though this provision was taken from the observation of Hon’ble Supreme Court in W.P. No. 435 of
2012 (Goa Foundation Vs. Union of India) and order dated 04.08.2006 of Supreme Court in T.N.
Godavarman Thirumulpad v. Union of India & Ors. Supreme Court has taken a view that 1 km. from
the boundaries of National Parks and Sanctuaries would be a safety zone, subject to the orders
that may be made in IA No.1000 regarding Jamua Ramgarh Sanctuary and the State will not grant
any Temporary Working Permit (TWP) in these safety zones comprising 1 km. from the boundaries of
National Parks and Sanctuaries.
Similarly the provison at paragraph 2 (iii) of O.M. dated 24.12.2013 which says that “No river sand
mining project, with mine lease area less than 5 ha, may be considered for granting EC” has been
quashed.
The above proviso were quashed on the ground that as EIA Notification places no such restriction, so
same cannot be imposed by an executive order and many hill States find it very difficult to get an
area equal to or more than 5 ha. in riverbed.
The information made available by the States also makes it clear that majority of the mining leases
of sand are of area less than 5 hectares.
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