NGT junks government order easing mining rules

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:

1. 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.

2.  Petition was filed in NGT contending that the district level assessment authority has no scientific expertise in assessing environmental impacts.
3. 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.