MinesMin to MoEF: Introduce clear provisions for ‘Go’,’No Go’ areas

After the Coal Ministry,now the Mines Ministry is upset with the Union Ministry of Environment and Forests.

After the Coal Ministry,now the Mines Ministry is upset with the Union Ministry of Environment and Forests (MoEF). Hitting out at the MoEF for sitting on the renewal applications for 280 mines in the country,it has also demanded inclusion of firm provisions in the Forest Conservation Act to enable statutory declaration of Go and No Go areas to help inflow of fresh investments in the mining sector.

In a note prepared for the Cabinet Secretariat on the environment and forest clearances for infrastructure projects,the mines ministry pointed out that several mining leases granted prior to the introduction of the Forest (Conservation) Act,1980,were due for renewals and expressly require Forest Clearances (FC). Interestingly the Mineral Concession Rules 1960 allow such mines to function on deemed extension if the concerned state government failed to convey its decision on the renewal to the applicant before expiry of the lease. A combined operation of the two laws has led to a situation where several mining leases have expired,and due to pendency of FC,are operating on deemed extension on the non-forest portion of the lease area. These mines are prone to nebulous regulation by the states,creating a condition most conducive for illegal mining, the ministry argued in the note.

Reminding the MoEF that while it has developed FC monitoring software at the central level,it has no mechanism for monitoring delays at the state government level . The uncertainties in the system are leading to huge systemic inefficiencies, it argued. The mines ministry cited that there have been instances where two adjoining leases of the same lessee are not being amalgamated because one was subjected to FC Act and the other was not.

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Instead of mere policy guidelines on Go and No Go areas,which will be indicative,and subject to actual application of provisions of FCA,the need of the hour was to introduce clear provisions in Forest legislations for various specific purposes. Clarity on this aspect is crucial to enabling fresh investments to flow in for high-tech reconnaissance and prospecting, the ministry contended. In view of the Supreme Court Central Empowered Committee’s observations that out of the 596 mines in Orissa,215 were functioning on deemed extension basis,the ministry has directed the Orissa government to dispose pending renewal applications by holding special camps in the mining districts involving all concerned departments.

Of the 280 mines where renewals were pending,Orissa has the highest number of 231 cases,followed by Karnataka (41),Maharashtra (8) and Sikkim (1).