Amendments to curb illegal activities of mining mafia
*Several activities exempted from Environmental Clearances
Mohinder Verma
JAMMU, Nov 16: In a major initiative towards curbing the illegal activities of mining mafia near the bridges and public civil structure, the Government of Union Territory of Jammu and Kashmir has carried out amendments in Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016.
The amendments have been carried out in exercise of the powers conferred by Section 15 read with Section 23C of the Mines and Minerals (Development and Regulation) Act, 1957 and the same have been notified by the Mining Department.
In Rule 94 of the Rules, which deal with system of working and river bed mining, it is mentioned that in case of river bed mining, specific river stretches shall be identified and mineral concessions shall be granted stretch-wise so that the requisite safeguard measures are duly implemented and are effectively monitored by the respective regulatory authorities.
Further, it has been mentioned that for carrying out mining in proximity to any bridge and or embankment, appropriate safety zone shall be worked out on case to case basis.
Now, Rule 94 has been amended to curb mining activities in close proximity of bridge/public civil structure by inserting new clause, which states: “River bed material shall not be extracted up to a distance of five times of the span of a bridge/public civil structure including water intake points on up-stream side and 10 times of the span of such bridge on down-stream side subject to a minimum of 250 meters on the upstream side and 500 meters on the downstream side”.
Earlier, in Rule 95 it was mentioned that simple interest at the rate of 15% shall be charged on all dues in respect of dead rent, royalty and royalty collection after one month from the date it becomes due.
Now, this Rule has been substituted and new Rule 95 read: “Simple interest at the rate of 15% shall be charged per annum on any rent, royalty or other sum due to the Government under the Act and Rules made there under or terms and conditions of any mineral concession from the 60 day or the expiry of the date fixed by the Government for payment of such royalty, rent, fee or other sum and until payment of such royalty, rent or fee is made”.
Moreover, a sub-rule has been added in Rule 107, which states: “Notwithstanding anything contained in these Rules, extraction or digging of ordinary earth/clay used for filling, leveling or embankment of roads or railways, cement plants up to the depth of 2 meters, removal of overburden, free flowing material shall not be treated as mining operations”.
However, such operations are required to be carried out under proper short term/disposal permit with payment of royalty and other applicable charges.
By carrying out amendment in Rule 56, the Government has inserted a provision which states that short term permits/disposal permits shall also be granted for manual customary extraction of sand, silt, clay by local Hanjis, Khanias, Muleteers etc. Further, the manual customary extraction of sand, silt and clay by local Hanjis, Khanias, Muleteers etc shall be exempted from the requirement of Environment Clearances.
Moreover, there shall be no requirement of Environment Clearances for extraction of ordinary clay or sand by manual mining, by earthen tile makers who prepare earthen tiles; removal of sand deposits on agricultural field after flood by farmers; customary extraction of sand and ordinary earth from sources situated in Gram Panchayat for personal use or community work in village; community works like, de-silting of village ponds or tanks, construction of village roads, ponds or bunds undertaken in Mahatma Gandhi National Rural Employment and Guarantee Schemes, other Government sponsored schemes and community efforts.
More cases which shall not require Environment Clearances are extraction or sourcing or borrowing of ordinary earth for the linear projects such as roads, pipelines, etc ; dredging and de-silting of dams, reservoirs, weirs, barrages, river and canals for the purpose of their maintenance, upkeep and disaster management ; digging of wells for irrigation or drinking water purpose; digging of foundation for buildings, not requiring prior environmental clearance; excavation of ordinary earth or clay for plugging of any breach caused in canal, nallah, drain, water body, etc., to deal with any disaster or flood like situation upon orders of the District Collector or District Magistrate or any other Competent Authority.
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