Govt panel approves mining without lease clearance

NEW DELHI: The Union environment ministry’s Forest Advisory Committee (FAC) has decided to approve mining in non-forest land even before forest clearance is granted to allow the activity in contiguous forest land in blocks where mining involves both types of lands, people familiar with the matter said.

According to minutes of a FAC meeting dated October 28, which was uploaded on the ministry’s Parivesh website earlier this month and seen by HT, the committee approved commencing of mining in non-forest land but also imposed certain conditions.

The panel ruled that plans for mining in non-forest areas of a coal block will not involve any forest area; no component of mining activity in the non-forest land shall have any dependency in the forest area of the same block; such permission in the non-forest area shall not create any obligation or fait accompli with regard to clearances for the forest land involved; and if mining is intended in the forest area of the coal block, no reference of mining already taken up in nonforest area shall be made in such proposals.

In case of any violation over forest area, the matter shall be dealt with as per provisions in the Forest Conservation Act, 1980, the panel added.

“The minutes are self-explanatory, so I do not want to comment on them,” a FAC member said, seeking anonymity.

Experts believe that permitting mining in non-forest land before prior clearance to contiguous forest land could set a wrong precedent.

“Mineral extraction and greater privatisation of mining operations, including that of coal, has been at the front and centre of the government’s economic priorities. These policy decisions are neither assessed for their ecological or social justice outcomes, nor are they evaluated for they may exacerbate global climate justice concerns. The changes to environment regulation mirrors this outlook. The present decision needs to be understood as another legal subsidy offered to the mining sector. The mitigation measures and conditions offered legitimise the overturning of precaution which were built in forest diversion procedures. The FAC’s final advice falls short of its own caution. Eventually, this decision, despite all the caveats, will allow for fragmentation of habitats and put undue pressure on regulators to approve forest diversion to protect the investments already carried out,” Kanchi Kohli, legal researcher at Centre for Policy Research, said. HT in July had reported that the environment ministry is considering requests by the coal ministry to allow mining in non-forest areas where clearance has not been granted for the entire lease area, which includes forest land.

ACCORDING TO MINUTES OF MEETING, PANEL APPROVED THE COMMENCING OF MINING ON NONFOREST LAND BUT IMPOSED CERTAIN CONDITIONS