Re-grassing of area to be undertaken after mining
Nishikant Khajuria
JAMMU, May 20: To ensure hassle free availability of minor mineral for developmental works and protection of environment with greater transparency, some significant amendments have been made in Jammu and Kashmir Minor Mineral Rules of the Geology and Mining Department.
Following the new amendments, mining lease may be reserved and granted to a Government company for exploitation of minor minerals for the purpose of providing key construction material to the departments for the developmental works.
For the environment protection, ‘Consent to Operate’ from Jammu and Kashmir Pollution Control Board has been made mandatory before granting mineral concession to the lease holder, who shall also have to undertake re-grassing the area after ceasing the mining operation and restore the land to a condition fit for growth of fodder, flora and fauna etc.
These significant amendments have been carried out in the J&K Minor Minerals Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 and the same has been notified by the J&K Department of Industries and Commerce, vide Government SRO-169, dated 19th May, 2020.
Emphasizing upon the protection of environment, the Government has made it mandatory for the concessionaire to submit Consent to Establish/Operate from the Jammu and Kashmir Pollution Control Board under Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention & Control of Pollution) Act, 1981 before grant of mineral concession.
In addition, amendment in Rules pertaining to the Environmental Clearance authority has also been carried out to bring the Rules in sync with the prevalent provisions of the Ministry of Environment and Forest.
The Government has also made it mandatory for the lease holders of mines and minerals for conduct of independent environment audit at least once in a year by a reputed third party entity and that report of such audit shall be placed in public domain.
Besides, it has also been made mandatory for the lease holder to undertake re-grassing of the mining area and any other area, which may have been disturbed due to their mining activities and restore the land to a condition which is fit for growth of fodder, flora and fauna, etc.
This amendment has been done in accordance with the directions issued by the National Green Tribunal (NGT) and the Supreme Court of India.
With a view to ensure hassle-free availability of key construction material for developmental works, provision in the Rules has been made for reservation of area, not exceeding 10 hectares per lease, to a Government company or Corporation for grant of mining lease for the purpose of providing key construction material to Government departments.
Earlier, the Department of Geology and Mining was authorized to issue `Short Term Permits’ up to one hectare of small mineral blocks only to Government companies and corporations. As the small mineral blocks were not sufficient to produce adequate construction material like sand etc, execution of several developmental works was facing hurdles.
Other amendments include changes in the provisions for Earnest Money, doing away with the provisions related to Permanent Residence to bring the Rules formally in line with the J&K Reorganization (Removal of Difficulties), Order, 2019.
Rule 104-A, providing for the Transitory provisions, has also been removed as it was found to be not in consonance with the provisions of the Central Mines and Minerals (Development and Regulation), Act, 1957.
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