1. 1 BY P.GIRI (LIFE MEMBER – MEAI- 3523 / TN ) CHIEF EXECUTIVE CREATIVE ENGINEERS & CONSUTANTS 9/4B, BHARATHWAJAR STREET, EAST TAMBARAM, CHENNAI – 600 059 (Phone: 09444133619, Mail: cecgiri@yahoo.com) MINING ENGINEERS ASSOCIATION, TAMIL NADU CHAPTER, SEMINAR @ KARUR on 16.10.2015 AN OVERVIEW OF LATEST ENVIRONMENTAL ACTS, LEGISLATIONS, REGULATIONS RELATED TO MINING INDUSTRY

2. 2 * Environmental clearance for certain industries including mining industry was made mandatory vide first EIA notification issued by MOEF on 27-1-1994 (amended on 4-5-1994) under the provision of Environment (Protection) Act 1986. * Since then many amendments / new circulars were issued by MOEF. * To achieve sustainable development Industrial progress with environmental protection is the need of the hour. * The salient aspect of the recent acts/circulars with respect to mining industry are briefly presented: INTRODUCTION

3. 3  There is general perception amongst the mining fraternity that “EC clearance is required only at the stage of lease renewal since they are not going in for any expansion of mine capacity or for new project ”.  All the mining leases weather small 5ha, Major mineral or minor mineral, existing or new or renewal of lease requires Environmental clearance.  However, MOEF circular 13th March, 2013 states that “no fresh environment clearance shall be required for a mining project or activity at the time of renewal of mining lease, which has already obtained environment clearance, under this 2006 notification if there no increase in the production, modernization nor change in method of mining/technology.MOEF circular 13th March, 2013  No. So far if you have not obtained EC for your lease, it may be treated as violation case. Hence get it immediately.  Without EC, State PCB may not issue consent. If consent fee is paid and application is filed it does not mean it is issued. 1.NECESSITY OF OBTAINING ENVIRONMENTAL CLEARANCE

4. 4 2. CATEGORISATION OF PROJECTS  Category – A Project requiring clearance from MOEF, New Delhi  Category B requiring clearance from SEIAA. However, Any project or activity specified in Category B will be treated as Category A, if located in in part or whole within 5km radius (As per 25 th June 2014 MOEF Notification) of i) Protected areas notified under wild life protection act, 1972. ii) Critically polluted areas notified by CPCB iii) Notified Eco sensitive zones iv) Interstate boundary or international boundaries

5. 5 * Projects of mining of minor minerals, categorized as Category 'B' are hereby categorized as 'B2' as per the following * 'Brick earth' / 'Ordinary earth' mining projects having lease area less than 5 ha will be considered for granting EC as per the guidelines issued by MOEF on24.6.2013 * 'Brick earth' / 'Ordinary earth' mining projects with mining lease area ≤ 5 ha but < 25 ha and all other minor mineral mining projects with mining lease area <25 ha, will be appraised as Category 'B2' projects. * In case the mining lease area is likely to result into a cluster situation, i.e, if the periphery of one lease area is less than 500 m from the periphery of another lease area and the total lease area equals or exceeds 25 ha, the activity shall become Category 'B1' Project under the EIA Notification, 2006. In such a case, mining operations in any of the mining lease areas in the cluster will be allowed only if the environmental clearance has been obtained in respect of the cluster. (However, based on NGT’s view the area is revised in the new draft notification)

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8. 8 3. WILD LIFE PROTECTION ACT, ECO SENSITIVE ZONES ETC No Mining activity is allowed in the Declared ESA area. If the project is located in whole or part within 10km boundary of protected areas notified under wild life (protection) act 1972, then obtaining NBWL clearance under the Wild Life (protection) Act 1972 is mandatory.Wild Life (protection) Act 1972 State Government to mention the ESA Boundary. ESA / sancturary notification will be issued based on State Government recommendation. MEAI to impress upon State Authority to demarcate proper buffer area around the sanctuary.

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10. 10 * No. 3-11013/41/2006-IA.1M) * Government of India * Ministry of Environment & Forests * Paryavaran Bhavan, C.G.O. Complex, Lodi Road, New Delhi-110003. Telefax: 24362434 * Dated the 2 nd December, 2009 * OFFICE MEMORANDUM * Sub: Procedure for consideration of proposals for grant of environmental clearance under EIA Notification, 2006, which involve forestland and or wildlife habitat — Regarding. * The issue regarding the procedure to be followed for consideration of proposals for grant of environmental clearance under EIA Notification, 2006, which involve forestland and or wildlife habitat has been under consideration of this Ministry. The issue has been discussed and deliberated at length and the provisions of EIA Notification, 2006 as contained in para 8 (v) of the said notification have also been considered. * 2. It has now been decided that the following procedure shall be adopted in dealing with * such cases. i. The proposals for environmental clearance will not be linked with the clearances from forestry and wildlife angle even if it involves forestland and or wildlife habitat as these clearances are independent of each other and would in any case need to be obtained as applicable to such projects before starting any activity at site. ii. While, considering such proposals under EIA Notification, 2006, specific information on the following should be obtained from the proponent: * (a) Whether the application for diversion of forestland involved in the project has * been submitted? If so, what is the status of grant of forestry clearance? It would be essential that in such cases, the application for diversion of forestland has been submitted by the project proponent before they come for environment clearance and a copy of the application submitted for forestry clearance along with all its enclosures should also be submitted by the proponent along with their environment clearance application. * (b) Information about wildlife clearance, as applicable to the project should also be obtained. The project proponent should submit their application for wildlife clearance / clearance from Standing Committee of the National Board for Wildlife to the Competent Authority before coming for environment clearance and a copy of their application should be furnished along with environment clearance application. i. The proposal from environmental angle will be appraised by the respective Expert Appraisal Committee and recommendations made on the same which will be processed by the IA Division and approval obtained from the Competent Authority. However, while granting environmental clearance to projects involving forestland, wildlife habitat (core zone of elephant/tiger reserve etc.) and or located within 10 km of the National Park /

11. 11 * -2- * Wildlife Sanctuary (at present the distance of 10 km has been taken in conformity with the order dated 4.12.2006 in writ petition no. 460 of 2004 in the matter of Goa Foundation Vs Union of India), a specific condition shall be stipulated that the environmental clearance is subject to their obtaining prior clearance from forestry and wildlife angle including clearance from the Standing Committee of the National Board for Wildlife as applicable. Further, it will also be categorically stated in the environment clearance that grant of environmental clearance does not necessarily implies that forestry and wildlife clearance shall be granted to the project and that their proposals for forestry and wildlife clearance will be considered by the respective authorities on their merits and decision taken. The investment made in the project, if any, based on environmental clearance so granted, in anticipation of the clearance from forestry and wildlife angle shall be entirely at the cost and risk of the project proponent and Ministry of Environment & Forests shall not be responsible in this regard in any manner. * (iv) A copy of the clearance letter, besides others, shall also be endorsed to (i) IGF(FC), MoEF, (ii) IGF(WL), MoEF, (iii) PCCF of respective States and (iv) Chief Wildlife Warden of the State. * Note: There will not be any need to refer the files relating to grant of environmental clearance from IA Division to FC Division and or Wildlife Division during consideration of proposals under EIA Notification, 2006, as done at present in view of the course of action stipulated at paras 2(i) — (iv) above. * This issues with the approval of the Competent Authority. * (S.K. Aggarwa Director * To * All the Officers of IA Division Copy to:- 1. PPS to AS(JMM) 2. PPS to ADG(F) 3. PPS to ADG (Wildlife) 4. IGF(FC) 5. Advisor (GKP) 6. Advisor (NB) 7. Director (PLA) with a request to issue necessary instructions to all the SEIAAs/SEACs to follow the above instructions. 8. Website of the Ministry.

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18. 18 * Environmental parameters monitored have to be shown on a Display Board to be located at a suitable location at the entrance of the mines & at company website to demonstrate that the environmental conditions are in the public domain. * The EC conditions compliance report is to be sent to Zonal office, of MOEF once in six months in hard and soft copy and also put on the company website. 3. POST PROJECT MONITORING & COMPLIANCE OF EC, CONSENT CONDITIONS EC compliance report is to be certified from MOEF Zonal office. * To send the six monthly environmental monitoring report / information by e-mail to the respective regional offices of MOEF, CPCB and SPCB. * Submission of Monitoring report of Ambient Air quality, Stack emission data, Ambient Noise, Treated Effluent discharge, Meteorological data once in a month before 10th of every month to SPCB. * Under (Prevention and Control of Pollution) Cess Act, monthly return has to be filed on the consumption of water in the prescribed format to SPCB. * Renewal of consent to operate under Air and Water Act once in a year/two for mines/plant to be applied to SPCB.

19. 19 * As per Environment (Protection)Act 1986, to submit an Environmental statement for the financial year ending March 31 st in Form V to the SPCB, on or before 30 th day of September every year. * Under hazardous Waste (Handling & Management ) Rules, submission of Form-IV in prescribed format for Spent oil & Furnace oil sludge generation for plant, every calendar year ending December 30 th to the SPCB on or before January 31 st of every year to SPCB. * Under hazardous Waste (Handling & Management) Rules, Form-III record to be maintained for monthly generation of hazardous waste in that format for plant. CONTD.,

20. 20 MEAI MAY TAKE UP THE FOLLOWING ISSUES WITH APPROPRIATE AUTHORITIES:  Like allowing one time increase in production with the available EC for coal mines, following the same for non coal also.  Lesser buffer zone boundary from sanctuary is drawn in many other states. Tamil nadu may follow the same.  Allowing cluster mines EC for non coal instead of mineral minerals.  Issuing conditional EC for obtaining NBWL clearance as per previous MOEF procedure.