Present 1 acts in summary

Statutory Provisions Of
Indian Mining Industry
• Rama Nagaraja Reddy IFS (Retd)
Advisor (Forest and Enviornment),
Mahanadi Coalfields Limited.
A Government of India Enterprises.
Bhubaneswar
1
R N Reddy IFS (Retd)
ADV (Forest and Env) MCL, Government of India

Mineral Resources
• India is endowed with significant mineral resources.
– fossil fuels, ferrous and non-ferrous ores and industrial
minerals.
– Coastal tracts contain beach sand rich in rare earth and
heavy minerals.
• Mineral Resource are non-renewable resources and
finite.
• Many of mineral resources are located in ecologically
fragile and environmentally sensitive areas.
• It is estimated that more than 0.8 million hectares of
lands is under mining - a substantial portion of which
lies in forest areas.
2
R N Reddy IFS (Retd) ADV (Forest and Env)
MCL, Government of India

Mining Industry
• The history of the Indian mining industry indicates that
mining of coal dates back to 1774 -in the Raniganj
Coalfield along the west bank of river Damodar in
Eastern India.
• Iron ore mines were opened in 1878,
• Gold mining from Kolar Gold Fields was started in an
organized way in 1880,
• First mechanised iron ore mine was commissioned in
1958 at Noamundi by a private sector company,
• Main shaft in Jaduguda uranium mine was
commissioned in 1968.
3

Mining Activity
• Site specific and involves large number of environmental issues.
• Continuous extraction of mineral resources terrestrial vegetated land gets
disturbed.
• The magnitude of disturbance depends on:
– the surface topography,
– geology,
– depth of deposit from the surface,
– size of operation,
– excavation methodology and
– chemical properties of the ore.
• Huge volumes of mineral extraction if not planned properly may lead to
complete loss of topsoil.
• Uncontrolled runoff from the surface and waste dumps, rolling down of
materials especially from steep slopes and the loss of vegetation increase
sediments deposition in surface water bodies.
4

Mining Activity (Contd)
• The exposed excavations and abandoned mines are capable
of polluting the surface and ground waters and raise
harmful air-borne dust.
• Drilling, blasting, removal, storage, re-handling of topsoil,
overburden and ore and transportation of material
contribute to particulates and gaseous emissions.
• Mining in fragile ecosystems also adversely impact the
wildlife population and animal behavior.
• Increased human activities as a result oh mining operations
in and around eco-sensitive regions disrupts migratory
routes of animals, fragment connectivity between
important eco-systems, damage vegetation on large scale
and wildlife habitat.
5

Mining Activity (Contd)
• A severe implication on the health of the local human population.
• The main health hazards in metal and non-metal mines are those
associated with the poor quality of mine air and presence of
poisonous gases or other airborne contaminants.
• Fine dust particles in the respiration range are dangerous due to
their ability to penetrate the lungs.
• Continuous exposure to excessive dust can lead to development of
lung diseases.
• Dust with high concentration of toxic metals can lead to metal
intoxication.
• Other occupational health hazards include excessive noise from
equipment and machinery, blasting operations as well as exposure
to extreme weather conditions.
• Mining of radioactive ores can result in exposure to radiation.
6

Constitutional and Statutory
Provisions
• Issues relating to protection of environment and
sustainable use of natural resources, first
received due attention at Stockholm UN
Conference on Human Environment, 1972.
• This was the first attempt to address
relationships between environment and
development at the global level.
• The conference created an important impetus in
recognizing and addressing emerging
environmental problems.
7

Constitution of India
• Under Article 48A Direction to states to
protect and improve the environment and to
safeguard the forests and wildlife of the
country.
• It also imposes a duty on every citizen under
Article 51A to protect and improve the natural
environment including forests, lakes, rivers
and wildlife, and to have compassion for living
creatures.
8

Indian Forest Act, 1927
• Odisha adopted Odisha Forest Act, 1972.
• It enabled to make rules and regulations on
forests.
• Under section 2 (g)“forest” produce includes-
– (ii) the following when found in or brought from a
forest that is to say-
• (d) peat, surface oil, rock, sand and minerals (including
limestone, laterite, mineral oils and all products of
mines or quarries)
9

Mines and Minerals (Regulation and
Development) (MMRD) Act, 1957
• Under this Act Government of India controls
– Grant of mining lease.
– the development and regulation of mines and
minerals.
• Section 18 of the Act
– casts a duty upon the Central Government to take all
such steps as may be 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
mining operations and for such purposes.
10

Mineral Concession Rules, 1960
• Rule 22(4) under MCR -1960 provides that the applicant shall
submit a mining plan, within the period stipulated in the Rules, to
the Central Government for its approval.
• The applicant, on approval of the mining plan by the Central
Government, shall submit the same to the State Government to
grant mining lease over that area.
• Rule 22, indicates Plan shall, incorporate the mineral reserves of the
area and the plan of area showing, water courses, limit of reserves
and other forest areas and density of trees, if any, assessment of
impact of mining activity on forest, land surface and environment
including air and water pollution; details of the scheme of
restoration of the area by afforestation, land reclamation use of
pollution control devices and such other measures as may be
directed by the Central Government or the State Government from
time to time.
11

Mineral Concession Rules (1960)
• Rules made under Section 18 of MMDR ACT 1957, however, deal
with commencement of mining operations and steps required to be
taken for protection of environment by preventing or controlling
any pollution which may be caused by mining operation.
• A mining lease holder is also required to comply with other
statutory provisions such as :-
– Environment (protection) Act, 1986,
– Air (Prevention and control of Pollution) Act, 1981,
– The Water (Prevention and Control of Pollution) Act, 1974,
– Forest (Conservation) Act, 1980.
– Wildlife (Protection) Act, 1972.
• Mere approval of the mining plan by Government of India, Ministry
of Mines would not absolve the lease holder from complying with
the other provisions.
12

The Environment Protection Act,
1986.
• The Environment Protection Act, 1986 was effect
from19 Nov, 1986, to provide protection and
improvement of environment and for matters
connected with environment.
• There are four main chapters and different
clauses under various chapters which lay down
the standards, policies and act of environmental
degradations and policies for improvement of
environment and prevention of human beings
from environmental hazards.
13

Environmental Impact Assessment
(EIA) 1994.
• 27th January, 1994 the Ministry of Environment & Forests had issued the
Environmental Impact Assessment (EIA) Notification under Environment
Protection Act, 1986, imposing certain restrictions on undertaking new
development projects or expansion and modernization of existing ones,
unless prior environmental clearance has been obtained from the
Ministry.
• Environmental impact assessment based environmental clearance
procedure was adopted as an administrative measure in late seventies for
the river valley projects.
• The procedure was later extended to cover other sectors like industry,
thermal power, nuclear power, and mining
• Environmental clearance is mandatory for new mining projects (major
minerals) with mining lease area greater than 5 ha. or expansion /
modernization of existing operations irrespective of the quantum of
increase in size of mining lease -area / production or investment involved,
besides other 29 development projects.
14

Environmental Impact Assesment -
2006
• As per EIA notification September 14, 2006 project requires
to obtain prior EC for any new/expansion/modernization
project activities specified in the schedule-I.
• 38 project activities specified in the schedule, require EC
from MoEF under Category -A of the schedule.
• Concerned State Environmental Impact Assessment
Authority (SEIAA) issue E.C. for the projects under Category-
B of the schedule.
• Project proponents have to obtain EC from the MoEF where
SEIAA is not constituted so far .
15

The Air (Prevention And Control of
pollution ) Act,1981
• This deals with prevention and control of air
pollution.
• It consists of 7 chapters and 54 sections.
• It deals with the information regarding CPCB
and SPCB, their constitutions, terms and
conditions of service of members, delegation
of powers to various officials.
16

The Water (Prevention and Control of
Pollution) Act, 1974
• The Water Act was enacted by Parliament
during 1974 to provide for the prevention of
control of water pollution and the maintaining
or restoring of wholesomeness of water. As on
day, it is applicable in all the states of India.
This act consists of 8 chapters and 64 sections
17

The Wildlife (protection) Act, 1972
• This act is framed for the protection of wild animals,
birds and plants. This act comprises 7 chapters and 66
sections. This act extends whole of India except Jammu
and Kashmir.
• The Wildlife Protection Act of 1972 refers to a
sweeping package of legislation enacted in 1972 by the
Government of India. Before 1972, India only had five
designated national parks.
• Among other reforms, the Act established schedules of
protected plant and animal species; hunting or
harvesting these species was largely outlawed.
18

Mineral Conservation and
Development Rules, 1983
• Rules 31 to 41 contained in Chapter V of the Mineral Conservation
and Development Rules, 1983 framed under Section 18 of the
MMRD Act deal With the measures required to be taken by the
lessee for the protection of environment from any adverse effect of
mining or irreversible consequences thereof.
• These Rules, inter alia, provide that every holder of a mining lease
shall take all possible precautions
– for the protection of environment and control of pollution while
conducting mining operations in the area; shall, wherever top soil
exists and is to be excavated for mining operations, remove it
separately and utilize for restoration or rehabilitation of the land
which is no longer required for mining operations.
• It is also required that the phased restoration, reclamation and
rehabilitation of lands affected by mining operation shall be
undertaken which work shall be completed before the conclusion of
mining operations and the abandonment of mine.
19

Mineral Conservation and
Development Rules, 1983 (Contd)
• Air pollution due to fines, dust and smoke or gaseous emissions
during mining operations and related activities shall be controlled
and kept within 'permissible limits' specified under various
environmental laws of the country.
• Further, noise arising out of such operations shall be abated or
controlled by the lessee at the source so as to keep it within the
permissible limit.
• The mining operations shall be carried out in such a manner so as
to cause least damage to the flora of the area and nearby areas.
• Every holder of mining lease shall take immediate measures for
planting in the same area or any other area as selected by the
authorized... officer and not less than twice the number of trees
destroyed by reason of any mining operation and look after them
during the subsistence of the license/lease and restore to the
extent possible, other flora destroyed by mining operations.
20

The Biological Diversity Act, 2002
• This Act has a reference to the United Nations
Convention on Biological Diversity at Rio de
Janeiro in 1992.
• It reaffirms sovereign rights of the states over
biological resources.
• It has 12 chapters and 65 sections.
21

Case-laws
Rural Litigation and Entitlement Kendra,
Dehradun v. State of Uttar Pradesh (1986).
• The Supreme Court of India, relying on reports of
committees ordered to stop Lime stone quarrying in
Mussoorie hills in a phased manner.
• Mining in forest area creates a question of conflict with
the idea of ecological security and environmental
protection.
• Rampant mineral extraction leads to a perceptible
threat of deforestation, irreversible loss of bio-diversity
and even elimination of wildlife from that area.
22

Subhash Kumar v. State of Bihar
• In case of Subhash Kumar v. State of Bihar the Supreme Court (AIR
1991, SC 420) held that the natural sources of air, water and soil
cannot be utilized if the utilization results in irreversible damage to
environments.
• It is also observed that there has been accelerated degradation of
environment primarily on account of lack of effective enforcement
of environmental laws and non-compliance of the statutory norms.
• Judiciary in India has held that right to life is a fundamental right
under Article 21 of the Constitution of India and it includes the right
to of enjoyment of pollution-free water and air for full enjoyment
of life.
• The most vital necessities, namely, air, water and soil, having regard
to right of life under Article 21 cannot be permitted to be misused
and polluted so as to reduce the quality of life of others.
23

M.C. Mehta v. Union of India (1997)
• In M.C. Mehta v. Union of India (1997) SC held that life,
public health and ecology has priority over unemployment
and loss of revenue.
• The Eleventh Schedule of the 73rd Constitutional
Amendment in 1992 empowered Panchayat bodies and
bestowed them with responsibilities in the areas of soil
conservation, water management, watershed
development, social and farm forestry, drinking water, fuel
and fodder, non conventional energy sources and
maintenance of community assets.
• Urban local bodies are empowered under the 74th
Constitutional Amendment in 1992 to protect the
environment and promotion of ecological effects.
24

Kunkri Devi v. State (Himachal
Pradesh)
• High Court stopped the ruthless blasting of
rocks causing severe disturbance to the
surrounding ecology and environment.
• In environmentally sensitive and ecologically
fragile areas, the environment protection
regime is restricted not just to regulating land
use but also extends to the preservation of
other natural resources and adjoining water-
bodies.
25

Vellore Citizens Welfare Forum v. Union of India
and Ors.(AIR1996, SC 2715)
• In this case SC elaborately discussed the concept of "sustainable
development" which has been accepted as part of the law of the land.
• It would be useful to quote the relevant part:
– The traditional concept that development and ecology are opposed to each
other, is no longer acceptable. "Sustainable Development" is the answer.
• In the International sphere "Sustainable Development" as a concept came
to be known for the first time in the Stockholm Declaration of 1972....
During the two decades from Stockholm to Rio "Sustainable
Development" has come to be accepted as a viable concept to eradicate
poverty and improve the quality of human life while living within the
carrying capacity of the supporting ecosystems. "Sustainable
Development" as defined by the Brundtland Report means "Development
that meets the needs of the present without compromising the ability of
the future generations to meet their own needs"....
• "The Precautionary Principle" and "The Polluter Pays" principle are
essential features of "Sustainable Development".
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• The "precautionary Principle" - in the context of the municipal law -
means:
– (i) Environmental measures - by the State Government and the statutory
authorities - must anticipate, prevent and attack the causes of environmental
degradation,
– (ii) Where there are threats of serious and irreversible damage, lack of
scientific certainty should not be used as a reason for postponing measures to
prevent environmental degradation.
– (iii) The "Onus of proof is on the actor or the developer/industrialist to show
that his action is environmentally benign....
• SC further says “In view of the above mentioned constitutional and
statutory provisions we have no hesitation in holding that the
precautionary principle and the polluter pays principle are part of the
environmental law of the country.... Even otherwise once these principles
are accepted as part of the Customary International Law there would be
no difficulty in accepting them as part of the domestic law.”
27

Thank you
28

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