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NGT junks government order easing mining rules
News:
The National Green Tribunal (NGT) has overruled the Union Environment Ministry notifications relating to mining of minor minerals citing conflict with sustainable sand mining guidelines.
Important Facts:
- Environment Ministry 2016 amendment to minor mineral mining.
- The Ministry had amended the 2006 Environmental Impact Assessment (EIA) notification and put mining of minor minerals in an area up to 25 ha in B-2 category which exempted public hearings and EIA. The notification bypassed any detailed environmental study and only asked for basic project information.
- About EIA: It is an assessment of the likely human environmental health impact, risk to ecological health, and changes to nature’s services that a project may have.
- Within the B2 category mines, up to 5 ha areas were exempted from devising an environmental management plan which allowed miners to break large mines into patches of less than 5 ha to avoid any environmental scrutiny.
- A district environment impact assessment authority was granted powers for environmental clearance for mines spread over an area up to 25 ha.
- Petition was filed in NGT contending that the district level assessment authority has no scientific expertise in assessing environmental impacts.
- NGT Ruling:
- It noted that the ministry’s notifications were in conflict with the 2016 sustainable sand mining guidelines, which stated that EIA should address the environmental impacts of minor mineral mining.
- It found the provisions more mine-centric rather than striving a balance between mining and environment.
- The bench ordered the ministry to incorporate a procedure to calculate the annual rate and timeframe for replenishment after mining is stopped in an area.
- It also called to frame guidelines for calculation of the cost of restoration of damage caused to mined out areas.
- It directed public hearings and EIA for minor mineral mines with 5 to 25 ha area and added that state environment impact assessment authority would evaluate smaller mines of up to 5 ha instead of district level body.
- NGT said the exemption for minor minerals violated a 2012 Supreme Court order, which held that all mining leases depending on their size would need to obtain environmental clearance.