*MoEF clearance, Mining Plan made essential
Mohinder Verma
JAMMU, Feb 9: In order to check reckless mining in various rivers and water bodies, which is causing adverse impact on the environment, the State Government has finally come up with Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 albeit after a delay of nearly four years. These Rules will be made applicable with effect from April 1, 2016 as directed by the Governor N N Vohra.
Official sources told EXCELSIOR that Supreme Court in a petition titled Deepak Kumar Versus State of Haryana had on February 27, 2012 issued directions to all the States including Jammu and Kashmir to frame proper rules in accordance with the recommendations made by the Union Ministry of Environment and Forests (MoEF) under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 so as to check adverse impact of uncontrolled mining/quarrying of minerals on riverbeds and groundwater.
While observing that excessive in-stream sand and gravel mining causes the degradation of rivers, the Supreme Court had stated that many States were not adhering to the recommendations of the MoEF made in the year 2010 or the guidelines issued by the Ministry of Mines before issuing auction notices despite being aware of the fact that effective framework of mining plan was imperative in order to take care of all environmental issues.
After remaining non-serious towards these directives of the Apex Court of the country for nearly four years, the Jammu and Kashmir Government has now come up with Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016.
In the recent past, the Rules were brought to the notice of the Governor N N Vohra for necessary direction about their implementation.
“On the advice of the Governor, the existing contracts for mining of minor minerals have been extended up to March 31, 2016 and new Rules would be made applicable from April 1, 2016”, sources said, adding “the Governor has also directed the Geology and Mining Department, which is the nodal agency for granting permission of mining of minor minerals to make all the necessary arrangements by then so that with the beginning of new financial year these Rules are enforced in letter and spirit”.
Under the Rules, several stringent measures would be taken to ensure that mining of minor minerals and quarrying don’t leave any further adverse impact on the environment, sources informed, adding under these Rules, several agencies of the Union Government would have a key role to play in grant of permission for mining of minor minerals besides various organs of the J&K Government.
No minor mineral permission will be granted in respect of any land within a distance of 150 meters from the outer periphery of the defined limits of a National Highway, Railway Line, State Highway, major district roads; 50 meters upstream as well as downstream of water works, head works or hydraulic works and 25 meter from any embankment or flood embankment as defined under the J&K Water Resources (Regulation and Management) Act, 2010.
Moreover, no mining activity/operation shall be carried out in any river bed below the depth of 3 meters or the water level, whichever is lesser, and the water level of the river bed shall be determined by the Chief Engineer, Irrigation and Flood Control Department. Moreover, consent of Irrigation and Flood Control Department has been made mandatory.
According to the Rules, no minor mineral concession shall be granted for a period of more than five years in case of Bajri and sand and the area shall be again put to auction after five years or after the expiry of lease, whichever is earlier. No permission shall be granted in any area without submission of proper Mining Plan to be prepared by a Recognized Qualified Person, who shall be registered only after production of Degree in Mining Engineering or Post Graduate Degree in Geology from the UGC recognized University or any other Institution. The mining operations for minor minerals would be allowed strictly as per the approved Mining Plan failing which stringent action would be taken against the violator.
Every Mining Plan would delineate the approach in respect of environmental safeguards and restoration and rehabilitation measures of the area with regard to precautions for the protection of environment and control of pollution while undertaking mining operations and control of air pollution due to dust exhaust emissions or fumes during mining or processing operations for minor minerals and related activities.
The Mining Plan shall be approved in consultation with the Forest and Irrigation and Flood Control Departments. The permission shall be granted only on submission of Environment Clearance as per the Notifications issued by the Union Ministry of Environment and Forest. Moreover, noise arising out of mining and processing operations for minor minerals shall be abated or controlled by the holder of mineral concession at the source so as to keep it within the permissible limit as per the Noise Pollution (Regulation and Control) Rules, 2000.
Under the Rules, a provision has been kept for establishment of Mines and Minerals Development Fund, which shall be used for funding of the restorations or rehabilitation works in the sites affected by mining operations.
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