Green nod to mines extended by 2 yrs
THE MINISTRY’S FOREST ADVISORY COMMITTEE HAS RECOMMENDED THAT THE VALIDITY OF FOREST CLEARANCES BE EXTENDED FOR 20 YEARS FOR SOME GOVT-OWNED MINES
nNEW DELHI: Leases of around 40 mines in states like Odisha and Karnataka expired on March 31 amid the Covid-19 pandemic and the lockdown imposed to halt its spread after they completed 50 years of operations. To prevent any disruption in mining, the Union environment ministry has transferred forest clearance of these mines to the new lessees for two years, according to guidelines issued to state governments.
According to senior officials in the ministry, the new leases are in the process of being auctioned, while many have already been auctioned. Whenever new leases are allotted, they will have a forest clearance thanks to the new guidelines.
In a separate policy decision, the ministry’s forest advisory committee (FAC) has recommended that the validity of forest clearances be extended for 20 years for some governmentowned mines.
In the guidelines dated March 31, the ministry said the decision to transfer the clearance to the new lessees was in pursuance of the provisions of the Mines and Minerals (Development and Regulation) Amendment Act, 2015. The law provides for the new lessees to acquire rights, approvals, clearances, licenses vested with the previous lessee for two years.
The new lessees will have to obtain forest clearances for diversion of forest land and continuing mining beyond two years. If the clearance is not obtained within two years, mining operations will be stopped until they get the nod.
When state governments issue a letter of intent (understanding between them and lessees) they get Rs 7.50 lakh per ha for the total forest area involved in a mine from the new lessee. This amount is deposited with the Compensatory Afforestation Fund Management and Planning Authority for forest land diversion.
Environment ministry officials said the guidelines were issued to avoid any disruption in the supply of iron ore or other minerals. “This extension is already stipulated in the new mines and minerals act. The lease of about 40 mines expired on March 31. The steel ministry had requested that clearances be extended as per the act. This is mainly to prevent any disruption because new lessees would have to get fresh clearances and there would be a lag of almost a year,” said AK Mohanty, the inspector general of forests.
Some government mines have got a forest clearance for the next 20 years. According to the minutes of the FAC’S meeting on March 30 through video-conferencing, such mines, whose 50-year lease expired and they got a fresh lease of 20 years, will not require a fresh forest clearance.
Hence, the impact of forest diversion on the area will not be assessed. Every time its lease expires, a mine has to apply for a fresh forest clearance as per the Forest Conservation Act, 1980.
The minutes, seen by HT, say that this extension has been provided in view of the recent emergency situation due to the Covid-19 outbreak and the lockdown imposed to contain it.
The FAC, however, said the extension of forest clearance to government-owned mines should be continued based on whether mines have complied with previous conditions stipulated in the forest clearance like compensatory afforestation and mitigation of environmental impacts, which will be reviewed after 3 months (from March 30).
Forest rights activists and legal experts say such relaxations would impact forest dwellers. “Tribals and forest dwellers are the most vulnerable populations in the present situation. The economic distress arising out of Covid-19 and the lockdown has started straining tribals as procurement and sale of minor forest produces has been affected. Now, these new guidelines relaxing forest clearance norms for mining raise apprehension about possible dilution of the Forest Rights Act because forest dwellers have not been consulted on these decisions. Forest dwellers should be consulted and their access to forests restored,” said Tushar Dash, a member of Community Forest Rights, an advocacy group, referring to the guidelines.
Kanchi Kohli, a legal researcher at the Centre for Policy Research, a public policy think tank, said the FAC’S emphasis on compliance with previous conditions of forest diversion is significant.“there are two points to bear in mind. First, mining companies benefitting from this decision should not consider this as a carte blanch approval and wait for the full two years to get an approval. Instead the existing non compliances should be brought into immediate compliance as relief for long standing environment and social impacts. Second, the state government granting final approval should ensure that the above mentioned social and environmental liabilities are also transferred to the new owners, along with the privileges.”