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MINING OF MINOR MINERALS
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If the mining lease for minor minerals are less than 50 hectares clearance from
State Environment Impact Assessment Authority (SEIAA) is required. Intially the
law was that if the mining is carried out in a land is above 50 hectares then
clearance has to be obtained from the Ministry of Environment and Forests.
(MoEF). Now as per the decision of the Hon’ble Supreme Court of India, reported
as Deepak Kumar vs State of Haryana, 2012 (4) SCC 629 all mining of minerals,
sanction has to be obtained from the the MoEF.
The term minor minerals includes buidling stones,gravel, ordinary clay, ,ordinary sand, other than used for prescribed purposes, and any other mineral which the Central Government may, by notifiction in the Official Gazette , declare it to be minor mineral. The Government of India has declared "ordinary earth used for filling; or leveling, purposes in construction of embankments road railway, buildings to be a minor minerals in addition to the minerals already declared as minor minerals".( Notification No.C.S.R.95(E), dated 3rd February,2000 )
The legislature has amended the Mines and Minerals (Development and Regulation) Act, 1957, Sec.4 on 18-12-1999, by which no person shall undertake any reconniassance, prospecting or minining operations in any area, except under and in accordance with the terms and conditions of reconnaissance permit or of a prospecting liicense or, as thecase may be, of mining lease, granted under this Act and the rules made thereunder. Therefore mining is permissible only by a lease, reconniassnace is by permit and prospecting operations by licence. But this provision was not initially applicable to minor minerals in view of Sec.14 of the said Act.Subsequently by Act, 37 of 1986, Sec.4 was also made applicable to all mining operations including minor minerals. Therefore any provision in any of the State rules permitting the issuance of mining permit or licence is contrary to the Central Act.
Mineral
prospecting is exempted provided the concession areas have got previous
clearance for physical survey. Likewise Seismic surveys which are part of
Exploration Surveys are exempted provided the concession areas have got
previous clearance for physical survey.
In respect
of Coal mining from more than 150 hectares clearance has to be sought from the
MoEF.
All asbestos
mining irrespective of mining area requires clearance from the MoEF.
Slurry
pipelines (coal lignite and other ones) passing through national
parks/sanctuaries/coral reefs/ecologically sensitive areas requires clearance
from the MoEF.
All projects of Offshore and onshore oil and gas exploration,
development and production requires clearance from the MoEF.
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© 2012 Environmental Law
Research and Guidance Foundation India (ELaw India) |
