C-06 PPT Sujit Kumar

Environmental Impact
Assessment (EIA)
Sujit Kumar Singh
Deputy Coordinator
Centre for Science and Environment
New Delhi
What is EIA?
• A decision making tool

 To predict the effect of a proposed activity/project on the
environment
 To compare various alternatives for a project
 To identify best combination of economic, environmental

and social costs and benefits
EIA – its Evolution
 Originated in US in late 70s
 Spread to the developed world
 Reached the developing world in the 80s
 Funding agencies like World Bank adopted it in
late 80s
 Originally focused on environment alone
 Later social and economic aspects added
EIA – Three core values
1. Integrity
 Should be fair, objective, unbiased and balanced
2. Utility
 Provide balanced and credible information for decision-
making
3. Sustainability
 Result in environmental and social safeguards
Generic steps of EIA
• Screening
Decides the requirements of EIA
• Scoping
Identifies significant impact areas and defines terms of
reference for the EIA
• Baseline data collection
Collecting all the information required for an impact
assessment
• Impact assessment
Conducting an extensive environment impact
assessment using all available information
• Mitigation and environment management plan
Designing a mitigation and environment management

plan for reducing impacts
Implementation of the environment management plan

and monitoring of impact
Generic EIA process
Responsibility of key
stakeholders
• Project proponent - EIA should not be used as a tool for
obtaining environmental clearance; rather, the project
proponent should use it as a management tool for sound
planning.
• Decision makers - Responsibility of appraisal authorities to

ensure that project should cause minimal environmental
impacts and brings maximum Economic and Social
benefits.
Requirements for an effective
EIA mechanism
 Extent and kind of legal support in the host
countries;
 How the EIA is being conducted;
 Involvement of Stakeholders at different stages;
 Quality check on consultants
 How the environmental, social and economic
findings are presented;
 Composition and skills of the review committee.
Good practices in EIA
 Consider the size, scale, site sensitivity and pollution
potential while deciding the ToR.
 Cumulative assessment for stressed areas
 EIA report should be comprehensive but focused

(should contain relevant issues instead of data and
information which are irrelevant to the overall
assessment of the project).
EC process in India
Significant features of the Revised EC Process
• Introduction of Scoping.
• Structured Public Consultations with stipulated
time frame
• Decentralization of appraisal
• Ensures quality control of EIA
• No NOC requirement from SPCB
Requirements of Environmental
Clearance (EC)
• All new projects or activities listed in the Schedule
• Expansion and modernization of existing projects or

activities listed in the Schedule
• Any change in product - mix in an existing

manufacturing unit
Note: No construction work shall start prior to EC

Decentralized clearance mechanism
• Projects in Schedule classified based on potential

impacts in ‘Category A’ and ‘Category B1 & B2’
• Category A cleared at Central level (MoEF)
• Category B1, B2 at State Level (SEIAA/ SEAC)
• Check-list information in Form-1/Form-1A + feasibility

report to determine TORs
• Scoping stage incorporate site clearance – No

separate site clearance is required.
• Question - What are the documents required for
submission with application for prior
Environmental Clearance?
General Requirement..
For projects other than construction projects (Sl No:8):
Form 1, Pre-feasibility Report and /or proposed TOR
For projects –Building/Construction/Area Development

Projects and Township:
Form 1, Form 1A, Conceptual Plan and /or proposed TOR
• Question - Who can do the correspondence with
MoEF / SEAC
Answer - All correspondence with the authority including

submission of application for TOR/Environmental Clearance,
subsequent clarifications, participation in the EAC meeting on
behalf of the project proponent shall be made by the authorized
signatory only.
In the absence of the authorized representative, the

proposal will not be considered by the EAC
Source : S.O 3067 (E) dated 1st December 2009 of MoEF

• Question - Can the PP inform MoEF through
Email about the submission of TOR/EC
application?
 Yes ……The project proponents could parallely send a
scanned copy of the forwarding letter of their environment
clearance application by e-mail to the Member Secretary of
the respective sectoral Expert Appraisal Committee, also to
the concerned Advisor and section officer for their
information to enable the Ministry to keep a track of the
proposal in the pipeline. The e-mail addresses of various
officers of Impact Assessment Division are already given
on the website of the Ministry
Source :MoEF circular dated 4th September 2009

• Question - What type of activities can be
undertaken without prior EC?
• No activity including civil construction can be

undertaken without obtaining prior EC except fencing of
the site to protect it from getting encroached and
construction of temporary shed(s) for the guard(s)
• Incase of any project where TORs have been prescribed
for undertaking detailed EIA study and where
construction activities started, the TORs may be
suspended /withdrawn in addition initiating penal action
Source :MoEF office memorandum dated 19th August 2010

• Question - What are the documents MoEF shall
display on website?
• Summary of draft EIA report (for category ‘A’ project )

• TOR approved by EAC
• Recommendations of EAC
• Approval/Rejection by MoEF
Validity of the ToR
MoEFs office memorandum (OM), issued on
22 March, 2010,
• Categorically specifies that from 1st April 2010 onwards, the

approved ToR is valid for a period of two years for submission
of EIA/EMP report.
• It will be further extended for one year, based on proper

justification and approval of EAC/SEAC. Therefore, total
validity of ToR is three years, after that the approved ToR is
deemed invalid.
• Primary data should not be older than 3 years

• Name of proponent + name of consultant –
should be mentioned EAC/SEAC meeting, while
prescribing TORs and EC letter
• In case of change of consultant, PP must inform

to MOEF/SEIAA/SEAC immediately
• Source: Office memorandum, dated 17th March 2013

EC Process as per 2006 notification
• Stage (1) Screening (Only for Category ‘B’ projects

and activities)
• Stage (2) Scoping (60 days is required)
• Stage (3) Public Consultation (45 days)
• Stage (4) Appraisal and EC granting (105 days)
Total Days for EC – (60+45+105 = 210 days)

Stages in Prior Environmental Clearance
Process
Stage I: Screening
• In case of Category B projects, identification by

SEAC as Category B1 or B2. Not applicable for
Category A.
Stage II: Scoping
• Determination of TORs for EIA for Category A

and for Category B1 projects.
Stage II: Scoping
• The Terms of Reference (TOR) shall be

conveyed to the applicant by the Expert
Appraisal Committee or State Level Expert
Appraisal Committee within sixty days of the
receipt of Form 1.
Stage II: Scoping
• If the Terms of Reference is not finalized and

conveyed to the applicant within sixty days
of the receipt of Form 1, the Terms of
Reference suggested by the applicant shall
be deemed as the final Terms of Reference
for EIA studies.
• Display of approved Terms of Reference on

the website
Stage II: Scoping
• Application may be rejected by the regulatory

authority at this stage itself.
• In case of such rejection, the decision together with

reasons for the same shall be communicated to the
applicant in writing within sixty days of the receipt
of the application.
Stage III: Public Consultation
Notice of Public Hearing
• Advertisement of venue, date and time in one major

National and one local newspaper.
• A minimum notice period of 30 (thirty) days shall be

provided to the public for furnishing their responses
• Advertisement shall also inform the public about the

places or offices where the public could access the draft
EIA and Executive summary
Projects exempted from public
hearing
• Public Hearing is applicable for all Category ‘A’ and
Category B1 projects, except the following:-
 modernization of irrigation projects
 all projects or activities located within industrial

estates or parks approved by the concerned
authorities
 expansion of Roads and Highways which do not

involve any further acquisition of land.
Exemption from public hearing
• All Building /Construction projects/Area Development

projects and Townships
• All projects or activities concerning national defense and

security or involving other strategic considerations as
determined by the Central Government.
Notice of Public Hearing
• No postponement of the date, time, venue of the
public hearing shall be undertaken, unless some
emergency situation occurs
• Postponement shall be notified to the public

through the same newspaper and also
prominently displayed at all the identified
offices by the concerned SPCB
Videography
• Regulator shall arrange video recording of

entire proceedings.
• A copy of the videotape or a CD shall be

enclosed with the public hearing proceedings
and forwarded to the Regulatory Authority
concerned.
Proceedings
• The attendance of all those who are present at the venue shall
be noted and annexed with the final proceedings.
• Every person present at the venue shall be granted an

opportunity to seek information or clarifications on the project
• Views and concerns expressed shall be recorded by the

regulator
• Regulator shall also display the proceedings on its website for

general information
Time period for completion of public hearing
• PH shall be completed within a period of 45 (forty five)

days from date of receipt of the request letter
• Regulator shall sent the public hearing proceedings to

the concerned regulatory authority within 8 days of the
completion of the public hearing
Stage IV: Appraisal
• Appraisal means - scrutiny of documents like

the Final EIA report, outcome of the public
consultations including public hearing
proceedings etc. by the Appraisal Committee
Stage IV: Appraisal
• Appraisal Committee shall make categorical

recommendations to the regulatory authority for
grant of EC on stipulated terms and conditions,
or rejection of the application for EC, together
with reasons for the same.
• Appraisal of project shall be completed by the

Committee within sixty days of the receipt of the
final Environment Impact Assessment report
Grant or Rejection of Prior Environmental
Clearance
• Regulatory authority shall consider the

recommendations of the EAC or SEAC
concerned and convey its decision to the
applicant within forty five days of the receipt of
the recommendations
• In other words appraisal and EC granting of

project takes one hundred and five days from
the receipt of the final Environment Impact
Assessment Report
Clearance
• Regulatory authority shall normally accept the
recommendations of the SEAC/EAC
• In cases when Regulatory authority disagrees

with the recommendations of SEAC/EAC,
regulatory authority shall request for
reconsideration within forty five days of the
receipt of the recommendations
Clearance
• Decision of the regulatory authority after
considering the views of the Expert Appraisal
Committee or State Level Expert Appraisal
Committee concerned shall be final and
conveyed to the applicant by the regulatory
authority concerned within the next thirty days.
Clearance
• If decision of the regulatory authority is not
communicated to the applicant within the
specified time -- Applicant may proceed as if the
environment clearance has been granted or
denied by the regulatory authority based on the
final recommendations of the Expert Appraisal
Committee or State Level Expert Appraisal
Committee concerned
On 26th April, 2011 MoEF issued circular on the
procedure for consideration of proposals for grant of
environmental clearance
• Mining + non-mining project involving 40 ha of forests, the PP

has to submit documents at the appraisal of its application for
EC.
– High Resolution Satellite Imagery
– A certificate from the competent authority from the state forest department
confirming the involvement of forest land, or as per (revenue record).
– In such case prior to issuing of certificate , the site may be inspected by

the State Forest Department along with the Regional Office of the Ministry
to ascertain the status of forests,
Submission of compliance
report
• PP has to submit half-yearly compliance reports
on 1st June and 1st December.
• All such reports are public documents.
• Mandatory display of latest compliance report is

to be displayed on the website of the concerned
regulatory authority (i.e. MoEF or SEIAA).
• On 5th October 2011, MoEF issued Office
Memorandum (OM), regarding
– Project can be rejected in case of any discrepancy in the EIA report (such as
information and data copied from other report)
– If a project is rejected, the developer has to apply for fresh environmental

clearance and initiate the entire process again, including public hearing
– In case, discrepancy in an EIA report is brought later to MoEF (i.e. project

already received EC), the entire process for obtaining environmental clearance
will have to be initiated afresh
– OM also stipulates to take action against the consultant who falsifies the
information in an EIA report. The OM also states to delist from the list of
accredited consultants
Advertisement in Newspaper
• Both Category A and Category B project shall put

Information regarding grant of EC along with
conditions in public domain through newspaper
advertisement
Expansion project for EC
• Proposal for expansion of project to which EC
has been granted, can be considered only once,
if the implementation of earlier phase has
commenced
• If EC for earlier project yet to be given, the PP

shall apply afresh and submit a comprehensive
proposal for the entire project
Source: MOEF circular March 22, 2010

• According to the issued circular on 15 April 2009 by MoEF,
• Mining industry must do self monitoring of key parameters and

also stipulate to provide same information in public domain
through website and display board.
– Static information includes physical information such as mine lease, its

area, production, lease duration and date of commencement of work.
– Dynamic parameters include reporting on Ambient Air Quality (AAQ),

quality of discharge of water, area under plantation, number of trees
planted and vibration due to blasting
• Clearance for 'Brick earth' / 'Ordinary earth'
mining projects with lease area less than 5 ha
• Brick earth/ordinary earth < 5 ha, project is

categorized as “B2” project
• Appraised and EC is granted by SEIAA based on

the 11 points.
• Any violation of points shall be liable for

cancellation of clearance
• Activity for borrowing/excavation of ‘brick earth’ and
‘ordinary earth’ for purpose of brick manufacturing,
construction of roads, embankments etc. must not
involve blasting.
• Maximum depth restricted to 2 meter with reference to
general level.
• Restricted to 2 m above the ground water table.
• Shall not alter the natural drainage pattern of the area.
• Borrowed/excavated pit shall be restored by the project
proponent for useful purpose
• Fencing must be provided all around
• Covered transportation to avoid dust emission
• Safeguards to prevent breeding of vectors due to water
accumulation
• Sanitation and drinking to be provide to workers /
labourers
• National parks and wild life sanctuaries - No
borrowing of earth /excavation of 'brick earth' or
'ordinary earth' shall be allowed withien 1 km
from the of national parks and wild life
sanctuaries
• Cluster - In case of cluster, if the distance

between excavation of Brick earth/ordinary
earth is less than 500 meter from the periphery
of other and total area exceeds 25 ha, then
project will treated as “B1 project and operation
in cluster will be allowed only if EC has been
obtained for cluster
• Clearance for 'Brick earth' / 'Ordinary earth' +
all minor minerals with lease >= 5 ha but less
25 ha
• Treated as category “B2” project.
• Appraised and approved by SEIAA based on

followings
– Filled Form 1
– Pre-feasibility report
– Approved mining plan
• Cluster – in case of cluster, if the distance
between two lease area is less than 500 meter
from its periphery and total lease area exceeds
25 ha, then in such case cluster will categorized
as “B1” EIA is pre-requisite for cluster and has
to obtain EC from SEIAA before it sought
operation.
River Sand mining >= 5 ha but less 25 ha
• No clearance lease area less than 5 ha
• >= 5 ha but less 25 ha = category “B2” project.
• (a) Submit Filled Form 1 (b) Pre-feasibility report

(c) Approved mining plan.
•
Require to fulfill following conditions
• Manual mining
• Depth shall be restricted to 3m/water level, whichever is

less
• Safety zone worked out - For carrying out mining in

proximity to any bridge and/or embankment
• Study to show that the annual replenishment of sand in

the mining lease area is sufficient to sustain the mining
operations
• Covered transportation
• Clusters - in case of cluster or likely to be
cluster like situation, if the distance between
two lease area is less than 1km from the
periphery of other lease and total lease area
exceeds or equal to 25 ha, cluster is treated as
will categorized as “B1” and EIA is pre-requisite
for cluster and has to obtain EC from SEIAA
before it sought operation
CSR – important consideration for EC
• According to the memorandum issued on 18th

May 2012, CSR is mandatory to be a part of all
TORs and EC to be granted by MoEF/SEIAAs.
Conditions for EC for sectors (thermal and steel)
using coal as raw materials (OM)
• The project requires coal as a raw material such

as thermal power and steel sector should meet
the following conditions for the environmental
clearance
– Availability of coal linkage
– Detailed information of coal quality
– Mandatory to have stage-I forestry clearance for
linked mine (if applicable)
• OM - Compliance of order Central Information
Commission (CIC)
• MoEF issued order on 20th March 2012, to

submit all the soft copies in PDF format (i.e.
Form-I, Form-lA, Pre-feasibility report, the draft
TORs, EIA report, filled in Questionnaire for
environmental appraisal, public hearing
proceedings) for its uploading on the website of
MoEF or SEIAAS along with hard copies of all
the documents.
EC Granted Only After Submission
of Stage 1 Forest Clearance
• At ToR Stage - When application received for granting
ToR, the PP required to submit a credible proof of
documents/application related to forest diversion
submitted to the concerned competent authority (CA)
• At EC stage - At the time of grating EC, if CA does not

receive stage I forestry clearance certificate, then, CA
hold the EC certificate and give time limit of 12 month to
summit stage I forestry clearance.
• Further extended to 18 month under exceptional case

otherwise EC will stand rejected
Wildlife Protection (Amendment) Act, 1972, revised in 2002
• First comprehensive legislation for the protection and

conservation of species of plants and animals, and
management of their habitats
• Act restrict development project/mining in national park

and sanctuary
• “Wildlife Clearance” is a prerequisite for “Forest

Clearance”
• Mandatory to take recommendation of NBWL, if project is

located within the eco-sensitive zone
• In Eco-sensative zone - Commercial mining (except
digging of earth for construction or repair of houses,
manufacture of country tiles or brick for housing for
personal consumption) is prohibited
• Procedure for Obtaining “Prior Environmental

Clearance” is Separate from “Wildlife Clearance” Which
is as per the Wildlife (Protection) Act (1972)
• Both “Clearances” can be processed “Concurrently” by

the Project Proponent
Thank you
Mining activities and their impact on
the environment and responses to the
environmental problems of mining
Sujit Kumar Singh, Deputy

Programme Manager

Minerals in India
• India produces around 89 minerals
• Four fuels - coal, lignite, oil and gas
• 11 metallic - iron ore, chromite, lead, zinc etc
• 52 non-metallic - limestone, dolomite, phosphorite,

silica, etc.
• 22 minor minerals - stone, sand, marble, sandstone,

etc.
India’s Global Ranking
• 2nd largest producer of talc and barytes
• 3rd largest producer of chromite, coal and

lignite
• 4th largest producer of iron ore
• 6th largest producer of bauxite and

manganese ore

Number of Operating Mines (2011-12)
Sector 2011-12
All Minerals (excluding atomic minerals, 3236

petroleum (crude), natural gas and minor
minerals)
Public sector 769 (28%)

Private sector 2467 (76%)
- Coal (including lignite) 573
- Metallic minerals 633
- Non-metallic minerals 2030

Economic Contribution
• Economic contribution - Rs 2, 34,612.66 crore in 2012-13,

fuel minerals contributed 69 per cent

Employment in mining sector
• Employment in mining sector in 2011-12 was

estimated at 533,243 persons.
• Public sector accounted for 418,525 persons

(78%) and the private sector the remaining
114,718 persons (22%) .

Stages of mine development
• Mining project, whether open-cast or

underground, generally progresses through
four stages of development.
• Prospecting or search for deposits
• Exploration: Once the deposit is assured,

this is done to assess the size, shape,
location and economic value of the deposit.

• Development or the work of preparing
access to the deposit so that the minerals
can be extracted
• Exploitation or the extraction of the minerals

• According to The Mineral Conservation and
Development Rules, 1988 (as amended up in
2011), mines are categorized as
• Category A = Mechanized mine + 150

workforce (150 open cast) + 75 (underground
mine)
• Category B = other than category 'A' mines

Centre for Science and Environment http://www.slideshare.net/isnindian/differnt-technologies-in-oc-mines
• According to EIA notification 2006, mining
project categorized as
Category A Category B
Non-coal = >50 ha of Non –coal = > 25 up
mining lease to 50 Ha mining lease
Coal = >150 ha of Coal = <150 ha >5

mining lease ha

Mining in India
• Mineral excavation – both opencast and

underground method is used
• Largely produced by open cast method
• Carried out by following method

– Drilling and blasting (common conventional mining)
– Surface mining/bucket wheel excavator/rock breaker

Conventional Drilling and Blasting

Overburden
Overburden
Coal deposit

View of strip mining

Direct Tipper Loading By Surface Miner
Bucket wheel excavator

Rock Breaker

Underground mining
• When open cast is not feasible or deposit

is available at great depth
• Access to the deposits is decided on their

geological characteristics (shaft, slope or
drift)

Types of underground mining
Coal deposits are extracted either by:
• Room-and-Pillar method
• Long wall method

Room and pillar mining
• Room and pillar system is old and traditional

method of underground coal mining. In this,
coal is removed, with pillars of coal left to
support the roof
• Productivity is less

Long wall mining
• In longwall mining, as the mining advances along a
panel, the roof behind the coalface is allowed to
collapse
• Proved to be effective in case of deep deposits

• High productivity
• Considered destructive or environmentally unsafe

because it causes the mine to subside once the coal
is extracted
• Damage underground water tables, structures at the

surface, and can cause erosion of the soil.

Underground mining
Drift mine
• This type of mining, is generally practiced when coal
seam either outcrop at the surface or in mountain.
• Coal is exploited from the deposits either by longwall
or room & pillar method.
• Coal is transported to surface by a conveyor belt

Underground mining
Shaft Mine
• Use when terrain is nearly flat and coal

seam is deep
• Entry is made by constructing a vertical
shaft
• Coal is exploited from the deposits either
by longwall or room and pillar mining
method

Underground mining
Slope Mine
• When coal deposit exists at low depth, then assess to
the deposit is made through slope
• Coal is exploited from the deposits either by longwall
or room and pillar mining method

High Impact on
forest and people
depended on forest
for their livelihood

Forest land diversion from 1981 -
2012
http://www.greenclearancewatch.org/themes/phw/images/fsheet7.pdf
Impact of loss of forest
• Habitat fragmentation and Elephant and human conflict is a common issue in

habitat loss is one of the India due to habitat loss.
primary reasons for man-
animal conflict.
• Common cases regarding

man-animal conflicts
reported relate to
leopards, elephants,
tigers, monkeys, blue-
bulls, wild boars and
certain birds

Leopard beaten by the villagers

A Leopard attack on a forest dept officials
Runoff from the mine change the water quality

Bhadra River: Supreme Court of India
stopped the mining

http://www.conservationindia.org/gallery/bhadra-river-recovering-after-stoppage-of-mining-in-kudremukh
GOA: Kushavati river due to large scale silt from
the mines in Quepem and Sanguem Talukas.

http://mandgoa.blogspot.in/2009_01_01_archive.html
Impact on river during monsoon

Minerals and water: Close bond
Mine runoff not only alter water quality but also fills the river with the silt
India’s mineral-rich districts are marked by grinding
Contd…
poverty, low literacy and poor human development
indicators

Conflict
areas

Public hearing – Gare IV – 6 coal
Centre for Science and Environment block = Chhattisgarh
Public hearing – Gare IV – 6 coal
Centre for Science and Environment block = Chhattisgarh
Violence in public hearing – people
Centre for Science and Environment hospitalized
Environmental And Social Issues
Related With Mining Sector
In India - Magnitude of impact of mining on
land depends on a number of factors, like
• Existing land use pattern,

• Topography of the area,
• Stripping ratio,
• Quarry depth
• Mining Technology

Environmental And Social Issues
Related With Mining Sector
Air pollution
 Mainly in the form of FUGITIVE DUST.
 Most mining operations generate dust –

 Drilling, blasting,
 Vehicles movement on haul roads,
 Collection, transportation and handling of coal
 Screening, sizing and segregation and storage.

Environmental Impacts - Air
Fugitive dust from blasting

Fugitive dust from drilling

Dust emission during loading operation

Fugitive dust from movement of vehicle within

Centre for Science and Environment lease area
Dust emission during transportation

Dust emission during transportation

Nuisance to public due to dust and impact on existing road due to

increased transportation
Nuisance to local public due to air
pollution

Air pollution Impact on visibility
Most of mined areas breach the National standards

Air pollution - Visibility impact

Road accident due truck movement
Road fatality

Environmental Impact - Water
 Breaching of
groundwater affects the
local water availability.
 High risk to alter the

water quality of areas e.g.
low pH, increase in total
solids, TDS and heavy
metal concentration.

Environmental Impact - Water
•Acid mine drainage is the other serious challenge in

coal mining sector, which has direct impact on
drinking water quality, aquatic life, corrosion of
equipment and structures. It is produced by the
leaching of sulphide minerals present in the coal.
•Water is characterized as having high acidity,

hardness, iron, heavy metal and sulphate contents

Acid mine – Mine sump

Environmental Impact - Waste
Solid waste
 Overburden generation is denoted by

stripping ratio.
 What is stripping ratio?
The ratio of overburden that needs to be

removed to the amount of ore removed.
 Major cause of air and water pollution in

Indian mines
View of overburden dump
Potential source of air and water pollution

View of overburden dump
Potential source of air and water pollution

OB Dumps - Potential source of air and water pollution

Issues to be covered - While
Change in Water Quality, if OB dumps stacked
designing Term of Reference
near river’s catchment
(TOR)
• Characteristics of
overburden and
pollution potential
OB Dump
Damodar river
pH- 4-5

http://www.slideshare.net/isnindian/differnt-technologies-in-oc-mines
http://www.slideshare.net/isnindian/differnt-technologies-in-oc-mines
Facts - Waste
A weak area. Topsoil mostly dumped with

overburden with no reuse.

Environmental Impacts – Noise &
Vibration
Noise
 Cumulative effect of mining activities produces considerable

noise.
 Some sources of noise – blasting, drilling, crushing, material

handling and movement of vehicles
Vibrations
 Blasting results in ground vibrations and if there are human

habitation nearby, it can destroy property and houses

Cracks in houses due to
blasting

Impact of vibration on nearby structure

Cause-wise fatal accidents in Indian coal
mines in 2004

Spontaneous
combustion of coal
in open cast mine

Regulation in India for mine
management

IBM - Inspection and compliance
status in major minerals

Environmental and social acts / rule/
notification applicable on mining project
• The Water (Prevention and Control of Pollution) Act,

1974
• The Water (Prevention and Control of Pollution)

Cess Act, 1977
• The Air (Prevention and Control of Pollution) Act,

1981
• The Environment (Protection) Act, 1986

Environmental and social acts / rule/
notification applicable on mining project
• The Hazardous Wastes (Management and Handling)

Rules, 1989
• The Forest (Conservation) Act, 1980 (amended in

1988)
• The Wildlife (Protection) Act, 1972 (amended in 1991)
• Provision for CAMPA (if forest land is diverted for non-forestry

purposes, the state/UT governments are directed to charge Net
productive value (NPV) rates indicated in the order of the Apex Court
(i.e. between Rs 6.9-10.43 lakhs per hectare) by considering the quality
of forest, density and type of species in the area)
Land acquisition and Resettlement
and Rehabilitation
• The Right to Fair Compensation and Transparency in

Land acquisition, Rehabilitation and Resettlement
Act, 2013
• Coal Bearing Areas (Acquisition and Development)

Act, 1957
• The Atomic Act, 1962

EC Granted Only After Submission
of Stage 1 Forest Clearance
• At ToR Stage - When application received for granting
ToR, the PP required to submit a credible proof of
documents/application related to forest diversion
submitted to the concerned competent authority (CA)
• At EC stage - At the time of grating EC, if CA does not

receive stage I forestry clearance certificate, then, CA
hold the EC certificate and give time limit of 12 month to
summit stage I forestry clearance.
• Further extended to 18 month under exceptional case

otherwise EC will stand rejected

Wild Life clearance and EC
Wildlife Protection (Amendment) Act, 1972, revised in 2002
• First comprehensive legislation for the protection and

conservation of species of plants and animals, and
management of their habitats
• Act restrict development project/mining in national park

and sanctuary
• “Wildlife Clearance” is a prerequisite for “Forest

Clearance”
• Mandatory to take recommendation of NBWL, if project is

located within the eco-sensitive zone
Wild Life clearance and EC
• In Eco-sensative zone - Commercial mining (except

digging of earth for construction or repair of houses,
manufacture of country tiles or brick for housing for
personal consumption) is prohibited
• Procedure for Obtaining “Prior Environmental Clearance”

is Separate from “Wildlife Clearance” Which is as per the
Wildlife (Protection) Act (1972)
• Both “Clearances” can be processed “Concurrently” by

the Project Proponent

CSR - Companies Act, 2013
• In India, the concept of CSR is governed by

clause 135 of the Companies Act, 2013,
received the assent of the President of India on
29 August 2013.
• The Act encourages companies to spend at

least 2% of their average net profit in the
previous three years on CSR activities

How: Company implement its CSR activities
as per company act
• Directly on its own
• Through foundation
• Independent registered non-profit organizations ( 3 years

experience in similar activities)
• Collaborating or pooling their resources with other companies

Note 1: Only CSR activities undertaken in India will be taken
into consideration
Note 2: Anything done to your employees is not CSR
• Applicable from the fiscal year 2014-15 onwards

Mine Closure
• Under Mines and Minerals (Development and

Regulation) Act, 1957 - notification on mine closure
issued in 2003
• All the existing mining lease owners are required to

submit the "Progressive Mine Closure Plan" along
with prescribed financial sureties within 180 days.
• Owners are required to submit "Final Mines Closure

Plan" one year prior to the proposed mine closure.

Example Step 1: Mine lease and initial stage of mine development

Example Step 2: Progressive Mine Closure

Example Step 3: Progressive Mine Closure

Example Step 4: Final Mine Closure

Mine closure: Coal mine
• In 2009, the Ministry of coal issued guideline for

preparation of mine closure plan for coal and lignite
mine, which was further modified in 2009, 2012 and
2013.
• The said guideline stipulate to prepare closure plan

for a new and old mine and shall be approved within
a period of one years in advance of mine closure.
• Opencast mine is around Rs 6 lakh per Hectare mine

leasehold area and 1 lakh per Hectare mine
leasehold area for underground mine.

National and international good
practices for Mine management

Best practices in OB stabilization
Construction of gabion silt arrester

BIOLOGICAL STABILIZATION

http://ibm.gov.in/gallery_rainwater.htm

BENCH PLANTATION

Best practices in OB stabilization: Jayant Project
of North coal field Limited


Sesa Goa – Use of Geo-textile for OB
stabilization

Stabilization of mine overburden dumps
Reclamation of mining areas
using geo-textile
Centre for Science

(Source:and
CodliEnvironment
Mines, M/s Sesa Goa)
Restoration of overburden dumps

Adequate and advanced planning for
reclamation of overburden dump using
bio-engineering techniques
Construction of toe wall and rain

water disposal drains
(Source: Singareni Collieries Ltd.)

Use of superior technology over traditional practices
Use of coco filters

for arresting silt
(Source: SVFU, Banglore)

Innovative strategies for restoration of mine dumps

Soil conservation and
management
 To store the topsoil for reuse is a good practice
 Scrap the topsoil prior to drilling and blasting
 Immediately used for plantation work
 If topsoil is not used immediately, then it should be

staked at a designated area
 Embankment to prevent erosion and its height

should not exceed more than six meter
Designated soil stacking

http://photos1.blogger.com/blogger/6048/777/1600/topsoil.jpg
Safe stacking of topsoil

View of Check dam to control silt


WASTE MAGEMENT - LIME STONE MINE OF HIMACHAL
PRADESH
SILT ARRESTOR

Run-off Collection Sump

Best practices for air pollution control

Best practices for air pollution control

When the goal is to knock down existing dust in the air, the water
droplets should be in size ranges similar to the dust particles.
Droplets in the range of 10 to 50 microns have been shown to be

most effective [Bartell and Jett 2005].
HYVA Truck with hydraulically operated
flaps in use in GACL

HYVA Truck with flaps nearly closed

Fixed sprinkler – railway siding

Fixed sprinkler at CHP

Spray shower for loaded trucks with truck
moved away – Ananta Colliery

Automatic spray shower actuated by
sensors - Ananta

Mobile sprinkler

WIND BREAK AT
STORAGE SITE

WIND BREAK

Before
Crusher

Crusher

Mine Closure Plan
A good mine closure plan should include the following:
• A detailed final closure plan to create productive and

sustainable land use
• The plan must be accepted by mine owners,

regulating agencies, and local communities

Mine Closure Plan
• A plan to protect the health and safety of the

surrounding habitat
• A plan to eliminate all possible sources of pollution

post-mining
• A plan to conserve valuable attributes and

aesthetics of the surrounding area
• A plan to minimise adverse socio-economic impacts

on the people dependent on the mine after cessation
of mining operations
http://www.flambeaumine.com/documents/factsheets/overview.pdf

Centre http://www.osisko.com/wp-content/uploads/2012/12/fermeture_en.jpg
for Science and Environment
View of abandoned mine converted into agriculture
land

Mined out area converted into agriculture land
Neyveli lignite

Reclamation - Development of Pasture Land in mined out Pit

ACC Jamul limestone mine - Reclamation
of exhausted mines as a Picnic Spot

Pisciculture – in reclaimed pit of
Sanquelim mine of Sesa Goa
group
Economic benefits to
local community

Trial Use of Bio-diesel at Jhamarkotra Mines

JATROPA PLANTATION AT MINE SITE

JATROPA PLANTATIONAT MINE SITE

JATROPA PLANTATIONAT MINE SITE

Plantation of horticultural species on restored
overburden dumps

Reclamation
Development of small Park in the Mined Out Pit


In water scarce area convert abandoned mine into water
Centre for Science and Environment reservoir
Internal Best Practices – Mine Closure

Flambeau Copper Mine
• Flambeau Mine orebody contained copper with trace

amounts of gold.
• Mine operated for four year - 1993 - 1997.
• Open pit was backfilled and the site returned to its

original contours.
• At the request of local governments, 32 acres of

reclaimed land were leased for industrial
development cooperation

Before.

After

Hunter Valley Coal Mine, Australia
Total land rehabilitated is 380 ha

Case study : Henderson County
mine
• Reclamation of 724.2 acres - developed as a
combination of cropland, wildlife
development and pasture.
• 624 acres of the reclaimed land are “prime

farmland,”

Reclaimed Steep Slope and Pit
http://www.trcr.bc.ca/mine-closure-2011-35th-annual-trcr-symposia-a-success/
Reclaimed Dump Area
http://www.trcr.bc.ca/mine-closure-2011-35th-annual-trcr-symposia-a-success/
In West Virginia mine is Reclaimed site
developed into the Star Lake Amphitheate
http://www.mineralseducationcoalition.org/reclamation-stories/coal/coal-mining-reclamation
60 plus acre site once showed the
ugly scars of past surface and deep
mining. The former owners and
operators left the property in disrepair
by not reclaiming the property
Unproductive, uneven and

barren land has been
transformed into a more
natural, productive and lush
landscape.
http://wcdpa.com/abandoned-mine-in-wyano-undergoes-landowner-
reclamation/
Natural materials to stabilize steep slope, Misima
Gold Mine, New Guinea.

http://www.natres.biz/index_files/Page463.htm
Athletic fields were built over a former open pit
Pumice mine

http://www.whpacific.com/pages/Portfolio/Project.aspx?ProjectID=108
SUNSHINE ABANDONED MINE LAND RECLAMATION PROJECT
Before restoration
After restoration
http://www.in.gov/dnr/reclamation/3508.htm
Australia - Alcoa's bauxite mine in operation Alcoa's site after restoration
Centre for ScienceSource;

and http://drylandreclamation.weebly.com/case-ii.html
Environment
Mining of a copper and zinc deposit
Begun in 1926 and operations permanently shut down
in 1975
Underwent rehabilitation between 2005 and 2007

View of mine restoration
http://www.norascon.com/pages/en/case-studies/reclamation-normetal-mine-
Project included rehabilitation of three
(3) mine tailings storage facilities of a
total surface area of approximately 57
hectares.
Took three 3 years

http://www.norascon.com/pages/en/case-studies/reclamation-normetal-mine-site.aspx#prettyPhoto
Reclaimed area

Quebec minister of natural resources and wildlife Pierre Corbeil, praised the Noranda company’s
dedication in reclaiming

An aerial view of the Park of Northumberlandia, Lady of the North,
constructed near mining lands using excavated material
A walking path in the

Northumberlandia, Lady of the North
http://cornerstonemag.net/unblotting-the-landscape/

Thank you

Social Impact Assessment
The Right to Fair Compensation and

Transparency in Land Acquisition,
Rehabilitation and Resettlement Act 2013
Sujit Kumar Singh

Centre for Science and Environment, New Delhi

• Enacted in 2013
• Extend to whole of India, except Jammu and Kashmir
• Act is applicable when appropriate government acquires,

land for its own use, hold and control including
acquisition of land for public sector and for public
purpose
• Compensation, resettlement and rehabilitation will be

provided as per said act

• As per this act, acquisition of land, CONSENT,

compensation, resettlement and rehabilitation will apply
in case
(a) Public –private partnership (final owner of land will

be government) – al least 70% consent required
(b) Private companies (80% consent required)
• Process of obtaining consent shall be conducted along

with SIA
• As per said act, private company has to purchase land

equal to or more than LIMITS in rural area or urban area
through private negotiation
– Note: Limit has to be defined by appropriate government
• Then after, Private company request appropriate

government for acquisition of rest of land

• Who is Appropriate government
– In State - State government

– Union territory – Central government
– Puducheery ( Government of Union territory
of Puducherry)
– In District – collector (less than threshold
limit)

• As per said Act, there are four government personal
– Administrator
– Authority
– Collector
– Commissioner
• Details role and responsibility are given in the Act

Some important definition as per the Act
• Affected area – area notified by the appropriate

government for land acquisition
• Affected family – family whose land and other

immovable acquired + Agricultural labour+ tenants +
sharecroppers + artisans (working since three year) +
livelihood affected + who lost forest right (scheduled
tribes and other traditional forest dwellers) + family
whose primary source of livelihood dependent on forest,
water bodies, fisher folks etc (since three years) + land
allowed under central and state gov + family residing on
land or getting livelihood for more than three years

• Cost of acquisition = includes (compensation + solatium + damage

to land and crops during acquisition + asset attached to land +
resettlement colony + infrastructure at resettlement colony +
administrative cost (i.e SIA)
• Displaced family – means family who relocated and resettled at

resettlement area.
• Family - includes a person, his or her spouse, minor children, minor

brother and minor sister dependent on him
– Provided widows, divorces and women deserted by familily shall be considered

separate family
– An adult of either gender with or without spouse or children or dependents shall

be considered as a separate family

• Land owner – name is recorded as owner

+ granted forest right under Forest right
Act + granted patta right + owner of
land/property by an order of court

Step 1
• Whenever appropriate government (AP) intends to acquire
land, it shall consult local Panchayat, Municipality or Municipal
corporation at village or ward level for conducting SIA
Step 2
• The notification is issued by AG for consultation and SIA, it is
made available in local language at panchayat, Municipality or
Municipal corporation, district collector, SDM , tehsil, uploaded
on website of AG
Time frame for SIA = 6 month

About Social impact assessment

• Made available to public
• SIA must include
– Whether proposed acquisition serves public purpose;
– Estimation of affected families and the number off families likely to be
displaced
– Extent of lands, public and private, houses, settlements and other
common properties likely to be affected by acquisition
– whether the extent of land proposed for acquisition is the absolute
bare- minimum needed for the project
– Alternative site (option)
– overall costs of the project vis-a-vis benefits of the project
– Potential impact on livelihood, culture, common property, local
infrastructure etc

• If Environmental impact Assessment study
is applicable on project, then, it shall be
carried out simultaneously
• SIA must provide Social Management Plan

(SMP), mitigation measures shall not less
than what is provided under central and
state government scheme
• Provision of public hearing for SIA at affected area, after giving
adequate publicity about date, time, venue
• The views of public hearing recorded and included in SIA report
• SIA and SMP report made available in local language to panchayat,

Municipality or Municipal corporation, district collector, SDM , tehsil,
uploaded on website of AG
• If EIA is applicable then copy of SIA/SMP shall be made available to

competent authority.
• In case of Irrigation project – if EIA is applicable, SIA is not

applicable

• SIA is exempted under emergency clause
• What is emergency clause (section 40)
– the collector take the possession of land after giving notice of 30

days
– Collector ensure that land to acquired under this section must

restricted to minimum area for defense or national security or
any emergency due to natural calamities or any other
emergency with approval from parliament
– Collector has to give 48 hr notice to occupier to remove their

immovable property
•
• Before taking possession, collector has to provide 80%
compensation amount
• Additional compensation of 75% of total compensation

as determined shall be paid by the collector

Evaluation of SIA report
• SIA is evaluated by independent multi-disciplinary Expert
group
• Expert group composition (7 in number)
– 2 non-official social scientist
– Two representatives of panchayat, gram sabha, municipality or

municipal corporation
– Two expert on rehabilitation
– A technical expert related to project

Evaluation of SIA report
• Chairman - Appropriate government may nominate a
person amongst the member of experts group
• Expert group shall make recommendation within 2

month and recommendation shall be recorded in writing
with reasons
• Recommendation of the expert groups shall be made

available to public in local language (panchayat,
Municipality or Municipal corporation, district collector,
SDM , tehsil, uploaded on website of AG)

Step 3 : Examination of proposals for land acquisition and Social
impact report by appropriate Government
• After receiving the SIA/SMP along with recommendation of

experts group, the appropriate government shall ensures
following
– legitimate and bona fide public purpose
– Potential benefits overweight the social costs and adverse
impacts
– Bare minimum land requirement
– the land, if any, acquired earlier and remained unutilized, is
used for such public purpose and make recommendations
– Prior consent of affected families in the manner as may be
prescribed
• Step 4:
– Appropriate government shall examine (a) collector
report, if any (b) report of expert group, recommend
such area for acquisition, which would ensure minimum
displacement, minimum damage to infrastructure,
ecology and affected people
– Decision of appropriate government made available in

local language (panchayat, Municipality or Municipal
corporation, district collector, SDM , tehsil, publish in
affected area and uploaded on website of AG)

Chapter 4: Special provision to safeguard food security
• No irrigated multi-cropped land shall be acquired, it may

be considered only as a last resort
• In case of multi-cropped land - equivalent area of

cultural wasteland shall be developed for agricultural
purpose or equivalent amount shall be deposited for
investment in agriculture
• Exception for linear project – railway, highway, major

district road, irrigation canal, power lines
• Step 5
• Appropriate government issued a notification (section

11) for land acquisition along with details of land to be
acquired in
– Official Gazette
– Two daily newspaper, widely circulated (local language)
– (panchayat, Municipality or Municipal corporation, district

collector, SDM , tehsil, publish in affected area and
• Step 6:
• After issuance of notification, the concerned Gram Sabha at

the village level, municipalities in case of municipal areas and
autonomous council in Sixth schedule area are informed
about the contents of notification
• Notification issued shall also contain a statement on the

nature of the public purpose, reasons for displacement of
affected persons, summary of the Social impact Assessment
report and details of the Administrator appointed for the
purposes of rehabilitation and resettlement

• No person shall make any transaction

from the date of publication of notification
• Collector before issue of a declaration

under section 19, undertakes complete
exercise of updating of land records as
prescribed within a period of two months.

Lapse of SIA report (sec 14)
• In case, if notification under section 11 is not issued

within twelve months from the date of appraisal of the
SIA submitted by the Expert Group, then, such report
shall be deemed to have lapsed and a fresh SIA shall be
required to be undertaken prior to acquisition
• Appropriate Govemment, shall have the power to extend

the period of twelve months, such decision to extend the
period shall be recorded in writing and the same shall be
notified and uploaded on the website of the authority
• concerned.
• Section 12 and 13 – discuss about preliminary survey of
land and power of officer to carry out survey, notice to
enter for survey (7 days notice in writing to occupier),
payment for damage caused during survey
• Section 15 (hearing of objection) - any person has any

grievance, may approach to collector within 60 days
from the date of notification issued under section 11
– Objections shall made in writing to collector, after

enquiry, collector send the objection with recommendation
to appropriate government, the decision of AG is final

Step 7
• After issuance of notification under section 11, the

Administrator for Rehabilitation and Resettlement shall
conduct a survey of affected families
– details of lands and immovable properties being acquired of

each affected family
– livelihoods lost (losers and landless whose livelihoods are

primarily dependent on the lands)
– list of public utilities and government buildings which are

affected or likely to be affected
– Ensure whether resettlement of affected families is involved;
– details of any common property resources being acquired
• Administrator prepare the draft Rehabilitation and

Resettlement Scheme based on survey and census along
with details of rehabilitation and resettlement
entitlements of each land owner and landless whose
livelihoods are primarily dependent on the lands being
acquired

• Draft Rehabilitation and Resettlement Scheme shall be made
available publically and discussed further with Gram Sabha or
municipalities
• Public hearing shall be conducted on Draft Rehabilitation and

Resettlement Scheme, after giving adequate publicity about
date, time, venue
• In scheduled area consultation will happen as per PESA Act

1996
• After PH, administrator will submit the Draft Rehabilitation

and Resettlement Scheme along with specific report on the
claims and objection raised in PH to the collector
• Collector shall review Draft Rehabilitation
and Resettlement Scheme + specific
report along with Rehabilitation and
resettlement committee at project level
• Who is Rehabilitation and resettlement

committee at project level?

• If land to be acquired more than 100 acres, then act has
provision to form Rehabilitation and resettlement
committee at project level under the chairmanship of the
collector
• Function of committee - monitor and review the progress

of implementation R&R scheme + conduct social audit
(post implementation) in consultation with Gran Sabha in
rural area and municipality in urban area

• Committee includes
– women representative (R) from affected area

– R from affected SC and ST
– R from NGO
– R from national bank
– R from land acquisition officer from of the project
– chairperson or nominees from Panchayat or municipalities
– chairperson or nominees from district planning committee
– MP or MLA or their nominees
– R from developer
– administrator as member-convener

Step 8
• The collector submit the Draft Rehabilitation and
Resettlement Scheme along with his suggestion to the
commissioner (Rehabilitation and Resettlement ) for
approval
• Approved Rehabilitation and Resettlement Scheme made

available to public in local language (panchayat, Municipality or
Municipal corporation, district collector, SDM , tehsil, publish in affected
area and uploaded on website of AG)

• Once the appropriate government satisfied with Rehabilitation
and Resettlement Scheme – a DECLARATION IS MADE under
section 19 including declaration of resettlement area
• Declaration is made only when requiring body deposit the

money to appropriate government
• Requiring Body shall deposit the amount promptly so as to

enable the appropriate Government to publish the declaration
within a period of twelve months from the date of the
publication of preliminary notification under section 11

• If declaration is not made within twelve months from the
date of preliminary notification, then such notification
shall be deemed to have been cancelled
• Published of declaration
– Official Gazette
– Two daily newspaper, widely circulated (local language)
– (panchayat, Municipality or Municipal corporation, district
collector, SDM , tehsil, publish in affected area and

Step 9
• After declaration, the collector issue PUBLIC NOTICE on

website and provide PN at convenient place or affected
area that government intends to take possession of land
+ claims of compensation
• Public notice states

(a) detail of land so needed
(b) appear personally at given place and time in between 30 days
up to 6 month from date issuance of public notice

Step 10
• Collector make detail enquiry and land acquisition award
• Once the collector is fully ensured then he award the

compensation withein a period of 12 month from the
date declaration under section 19
• If no award is made withien 12 month, entire

proceeding of acquisition of land shall lapse
Note: appropriate government has power to extend time period

• If land acquisition initiated under LA Act 1894 and no
award is given, compensation will be determined as per
new act
• If award is made, then new act will not applicable
• If land acquisition initiated under LA Act 1894, and

award has also made in five year or more but physical
possession of land has no taken or compensation has
not paid, the acquisition under old act shall be lapsed
and acquisition will happen as per new act

• If award has been made and
compensation of majority land holding has
not been deposited – shall entitled to get
compensation as per new act

• Resettlement area = collector shall ensure
compliance of provisions as listed in third
schedule in resettlement area, it shall be
provided withien 18 month from the date of
award (sec 30)
• In case of irrigation and hydel project, R&R shall

be completed six month prior to submergence of
acquired land

• Additional compensation in case of
multiple displacement – collector shall pay
add compensation equivalent to that of
the compensation determined under this
act (i.e 2X)

• As far as possible, no acquisition of land in the
Scheduled Areas, or considered as last resort
• Prior consent of the concerned Gram Sabha or

the Panchayats or the autonomous District
Councils.
• Preparation of Development Plan for five years

• One-third of the compensation amount shall be
paid to the affected families initially as first
installment and the rest shall be paid after
taking over of the possession of the land
• ST family Resettled preferably in the same

Scheduled Area
• In resettlement area free land is given for

community and social gatherings

• Scheduled Tribes. other traditional forest
dwellers and the Scheduled Castes having
fishing rights in a river or pond or dam in
the affected area shall be given fishing
rights in the reservoir area of the irrigation
or hydel projects

• In case ST/SC resettled outside the district
– will get additional 25% per cent.
rehabilitation and resettlement benefits +
one time Rs 50000
•

• No civil court (other than High court or the
Supreme Court) shall have jurisdiction to
entertain any dispute relating to land
acquisition - Collector or the Authority is
empowered under this Act,

Offences and Penalties -
• If a person provides false or misleading, or produces any

false document liable for fine (max upto one lakh rupees
or imprisonment (upto 6 month) or both
• Recovery of money by AG, if any person availed R&R

benefit by false claim or through fraudulent means
• Government servant liable for punishment or fine in case

if he/she proved guilty
• if any person availed compensation R&R benefit through

fraudulent means liable for punishment (6 to 3 years) or
fine or both
• If offence has been made by company
under this act – liable for punishment
• If offence has been committed by

government department, HOD will
responsible

• AG has at freedom to withdraw from the
acquisition if possession has not been
taken, and provide compensation for
damage caused
• Option of taking land on lease instead of

acquisition

• No income tax or stamp duty shall be charged
on any award or agreement made under this
Act. except under section 46
• No change from the purpose for which the land

is originally acquired shall be allowed,
– if the acquired land unusable for purpose for which it

was acquired due any unforeseen circumstances,
then AG may use such land for any other public
purpose

• No change of ownership without specific
permission
• Return of Unutilized Land - Any land acquired

under this Act remains unutilized for a period of
five years from the date of possession, the land
shall be returned to the original owner, or to the
Land Bank of the AG

• Whenever the ownership of any land
acquired under this Act is transferred to
any person, but in last five there have
been no development on such land then
40% of the appreciated land value shall
be shared with the original owner

• Sec 105 - provisions of this Act shall not
apply to the enactments relating to land
acquisition specified in the Fourth
Schedule.

• Central Government by notification, within one
year from the date of start of this Act, provisions
relating to determining of compensation in
accordance with the First Schedule and
rehabilitation and resettlement specified in the
Second and Third Schedules, being beneficial to
the affected families, shall apply to the cases of
land acquisition under the enactments
specified in the Fourth Schedule
• Passed in both houses of parliament

• Central Government may, by notification,
amend or alter any of the Schedules to
this Act, without reducing the
compensation or diluting the provisions of
this Act relating to compensation or
rehabilitation and resettlement.

• State government is empowered to make
any law to enhance or add to the
entitlements (higher compensation than
calculated under this Act for the
acquisition of land)

• AG may, by notification, make rules for carrying out the
provisions of this Act
– process of obtaining the prior consent

– limits of land in rural areas or urban areas
– Manner and the time limit for carrying out SIA
– manner of preparing and publishing SIA report
– manner and time for conducting survey and undertaking census
– manner for preparing draft Rehabilitation and Resettlement
Scheme
– manner for conducting PH
– manner of depositing amount by the Requiring Body
– Preparation of Development Plan
– manner of returning the unutilised land

• Every rule made by the State Government
under this Act – before each House of the
State Legislature

1. Acts/rules/notification/guideline applicable on mining project
Owing to the diverse and significant impacts on environment and people, among all development
projects, mining project requires to obtain maximum statutory clearances before it begin its
commercial production.
Mining sector is regulated both at the central and state level. At the centre, the ministry of coal
is overall responsible for coal and lignite reserves development and exploitation. Except natural
gases, petroleum and atomic minerals, the Ministry of Mines is overall responsible for survey
and exploration of all minerals and administration of MMRD Act, 19571. The ministry of mine
also oversees the administration and management of Geological Survey of India (GSI) and
Indian Bureau of Mines (IBM). The Directorate General of Mines Safety (DGMS) is the nodal
agency, constituted under the Ministry of Labour and Employment; Government of India2 is
responsible to ensure occupational safety, health and welfare of persons working in mines (Coal,
Metalliferous and oil-mines).
The Ministry of Environment and Forest (MOEF) is a nodal agency for Environment Clearance
(EC), forest clearance under the Forest (Conservation) Act 1980 and wild life clearance under
Wild Life (protection) Act 1972. Both mining and environmental laws have provisions to
regulate the environmental aspects. Largely, environmental issues in mining sector are regulated
by EPA Act 1986, Air and Water act and subsequent Rules and Notification made under EPA act
from time to time See Table 1: Table 1: Acts/rules/notification/guideline applicable on
mining project
The Mines and Minerals (Development and regulation) Act 1957 and the Mines Act, 1952
accompanied with different rules enacted under them regulate the mining sector in India. Mining
laws are basically of three types (a) those dealing with development of mineral resources, (grant
of RP, PL, ML and fiscal measures) (b) those dealing with conservation of minerals, mining
plan, mine closure and protection of the environment; (c) those dealing with health, welfare,
safety and working condition of the workers see Figure 4.2: Mining legislation in India
For conservation and development of mineral resource, the Mines and Minerals
(Development and Regulation) Act, 1957 and the Rules and Regulations framed under it include
(a) The Mineral Conservation and Development Rules 1988 (b) The Mineral Concession Rules
1960 (c) Mining Leases (Modification of Terms) Rules 1956 (d) The Granite Conservation and
Development Rules 1999 (e) The Marble Conservation and Development Rules 2002 and (f)
Minor Mineral Concession Rules (of various State governments) (e.g. of Rajasthan 1986, West
Bengal 1973 etc.) The Coal Mines (Conservation and Development) Act 1974 and The Offshore
1 http://mines.nic.in/index.aspx?level=1&lid=19&lang=1
2 http://www.dgms.gov.in/
Areas Mineral (Development and Regulation) Act, 2002 are some of the other Acts related to
conservation and development of mineral resources.
Laws and rules dealing with safety, health and welfare of the workers include (a) The Mines Act,
1952 (b) The Coal Mines Regulations, 1957 (c) The Metalliferous Mines Regulations, 1961 (d)
The Mines Rules, 1955 (e) The Mines Rescue Rules, 1985 (f) The Mines Vocational Training
Rules, 1966 (g) The Oil Mines Regulations, 1984 (h) The Mines Creche Rules, 1966
Other laws applicable on mining project other than MMDR or the Mines Act includes (a) The
Explosives Act, 1884 and the Explosives Rules, 1983 (b) The Workmen’s Compensation Act
1923 (c) The Factories Act 1948 (applicable to workshops and mineral beneficiation plants
located outside the mine) etc.
Table 1: Acts/rules/notification/guideline applicable on mining project

Acts/rules/notification/gui Provisions Responsible
deline authority
Land acquisition
Note: The land acquisition in mining sector is primarily governed by three major acts
(a) Coal Bearing Areas Allows to acquire land containing or likely to contain coal deposits3. Central
(Acquisition and government
Development) Act,  Only applicable to Government Companies4 including coal block
1957 allotted to NTPC5
 Acquisition of other lands like setting of offices, permanent

infrastructure, colony etc is acquired under LA Act 1894. The LA
Act now superseded by The Right to Fair Compensation and
Transparency in Land acquisition, Rehabilitation and Resettlement
Act, 2013
 Section 4 (1) – Government declares intention through notification
to do exploration and prospecting
 Under Section 7(1) – government declares intention to acquire

land, validity of notification is three years
 Section 9(1) – acquires land
Note: according to order issued by Ministry of coal (No. 43025/02/2004-

PRIW-I) dated 25 may 2007), coal companies can leased out land acquired
under Coal Bearing Areas (Acquisition & Development) Act, 1957 for the
purpose of construction of different infrastructural facilities (as defined in
the Mines Act Section 2 Clause (1) (j) ) in a mine through private parties 6.
(b) The Right to Fair Applicable for acquisition of land for rest of minerals. Some important In State - State
Compensation and provisions applicable for mining project. government
Transparency in Land
acquisition,  Act is applicable when appropriate government acquires, land for Union territory –
Rehabilitation and its own use, hold and control including acquisition of land for Central
Resettlement Act, public sector and for public purpose (mining activities is also government
2013. listed under public purpose)
Puducheery (
3 http://www.coal.nic.in/welcome.html
4http://coal.nic.in/cba/cbamain.htm
5 http://coal.nic.in/cba/ntpc.pdf
6 http://coal.nic.in/cba/lease.pdf
Government of
 People consent at least 70% is required in case of acquisition of Union territory of
land for Public–Private partnership (final owner of land will be Puducherry)
government), whereas in case of private owned mine 80% consent
is required.
Note: Social Impact assessment is applicable in all case of acquisition

whereas taking consent from people is applicable only for PP and private
companies or when land is acquired in scheduled area; consent of Gram
Sabha is prerequisite.
 Section 4(2) – Notification for conducting SIA
 Section 4(4) SIA shall include (a) acquisition serves public

purpose (b) absolute bare minimum acquisition of land (c)
estimation of affected families and families likely to be displaced
(d) extend of public, private and common properties to be affected
(e) site alternative (f) potential benefit of project outweigh the
social cost and adverse social impact
 Section 10 No irrigated multi cropped land shall be acquired,

it shall be considered as a last resort, in case of diversion of
multi-crop irrigated land, an equivalent area of cultivable
wasteland shall be developed for agricultural purposes or an
amount equivalent to the value land acquired to be deposited to
appropriate government
 Section 11 – Preliminary notification for acquisition of land, no

person shall make any transaction thereafter,
 Section 16 (5) – Provision for public hearing on draft R&R

scheme, in case of scheduled area consultation with Gram Sabha
as per PESA Act, 1996
 Section 19 – Declaration for acquisition of land, no declaration

shall be made unless requiring body (project proponent) deposits
the cost of land acquisition in full or part to appropriate
government
 Section 25 – Collector shall make award withien 12 month from

the date of publication of declaration under section 19.
 Section 26 - criteria for determining market value for

compensation
 Section 38 – power to take possession of land after ensuring that

full payment of compensation as well R&R entitlement are paid
 Section 41 - As far as possible, no acquisition of land in scheduled

areas, it shall be considered as a last resort, in case of
acquisition prior consent of Gram Sabha or Panchayat or the
autonomous district councils is required. Section 41 (4)
preparation of development plan for schedule caste and schedule
tribes families
 First Schedule and Second Schedule appended to this act describe

the method for determining compensation package and R&R
entitlements. The Third Schedule of this act describe the list of
infrastructure facilities to be made available at the resettlement
area
C The Atomic Act, 1962 This act is applicable for atomic minerals like uranium-233, uranium-235, Central
plutonium or any material containing these substances or any other material government
that may be declared as such by notification by the Central Government. The
acquisition of land will be done by The Atomic Act, 1962 whereas
compensation is determined under the provisions of sub-section 1 of
section 23 of LAA, 1894. The LA Act now superseded by The Right to Fair
Compensation and Transparency in Land acquisition, Rehabilitation and
Resettlement Act, 2013. Therefore, now compensation, R&R package will
be as per new act.
Acts/rules/notification/guideline Provisions Responsible

authority
Environmental Protection Act, It is also referred as “Umbrella Act”7, some key provisions applicable on Central
1986 mining sector government
 Lay down standards for emission or discharge of

environmental pollutants from various sources
 Restriction of area
 Lay down standard procedures and safeguards for prevention
of accident which may cause environment pollution and
remedial measures.
 Empowered to undertake inspection
 Power to give direction (closure, stoppage of electricity, water
or any other service)
 Ensure industry is not allowed to emit or discharge
environmental pollutants excess of the standard
 Power to collect sample
 Penalty for flouting the provision of Act, Rules, order and
direction – punishable with imprisonment upto five years with
fine upto Rs one lakh or with both. In case the failure
continues, additional fine @ Rs 5000/day during such failure
or contravention continues for the first such failure.
7 http://www.envfor.nic.in/legis/env/env1.html
The Water (Prevention and Important provisions of the water act applicable on mining project are State Pollution
Control of Pollution) Act, 1974 given below Control Board
 Section 25 and 26 - Require consent to establish or operation

from the board.
 Section 20 – Power to obtain information
- A State Board may give directions when any person is

abstracting water from any stream8 or well in the area in
quantities which are substantial in relation to the flow or
volume of that stream or well or is discharging sewage or
trade effluent9 into any such stream or well,
- A State Board empowered to give direction related to

prevention or control of pollution of water,
 Section 21 – Power to take sample
 Section 23 - Power of entry and inspection
 Section 24 - Prohibition on use of stream or well for disposal

of polluting matter10
 Section 27 - Refusal or withdrawal of consent by boards
 Section 32 - Power to take emergency measures in case of

pollution of stream or well
 Section 43 - Penalty for contravention of section 24

imprisonment 11/2 years (minimum), 6 years (maximum) &
with fine
 Section 44 - Penalty for contravention of section 25 or section

26. Imprisonment - 11/2 years (minimum), 6years (maximum)
& with fine.
 Section 45 (a)- Penalty for contravention of certain provisions

of the act. Contravenes any provision of the act or fails to
comply with any order or direction issued under this act, for
which no penalty has been elsewhere provided in this act.
Imprisonment 3 months or fine upto Rs.10,000/- or with both.
Continuing contravention @ Rs. 5,000/- day
Water (prevention and Control  Section 3(2) - stipulate that industry specified in Schedule-I State/ central
of pollution) Cess Act 1977 (mining sector also listed in schedule-I) shall pay water cess to government
the government of India based on water consumed for any
purposes.
 Applicable when industry is using water more than 10

KL/day11 . The cess fee applicable for public or own sources
such bore well, well or any other sources.
8
As per water act the definition of stream include (a) river (b) water course (whether flowing or for the time being dry) (c)
inland water (whether natural or artificial) (d) sub-terranean waters (e) sea or tidal waters to such extent or, as the case may be,
to such point as the State Government may, by notification in the Official Gazette, specify in this behalf
9 Section 2(k) of water act define Trade effluent - Includes any liquid, gaseous or solid substance which is discharged from any
premises used for carrying on any (industry, operation or process or treatment and disposal system) other than domestic sewage.
10 http://appcb.ap.nic.in/Env-Standards/water_act.htm
 Section (5) – File water cess return indicating water consumed
under different categories.
 Section (7) – 25% rebate on water cess, if industry is

complying (a) not consume water in excess (b) compliance of
consent conditions (c) standard laid down under EPA act12.
No Objection Certificate  In case of ground water abstraction or intersecting the water
(NOC) from Central Ground table, NOC from Central Ground Water Authority is
Water Authority, Ministry of prerequisite.
Water Resource
 Permission for mine dewatering subject to conditions - The
abstraction of ground water by mine dewatering, which
intersect water table may be permitted subject to following
conditions (a) dewatered water from mine must be use for
beneficial purpose like water supply and provide to water
supply agencies, use for agriculture purpose, dust suppression
and artificial recharge etc. (b) Mandatory installation of
Piezometers for monitoring the ground water level (c) In
coastal area, care should be taken to prevent sea water ingress
and must be supported by a technical evaluation report.(d)
The continuous study on ground water regime and the results
should be submitted to the Regional Directorate of CGWB
periodically13
EIA notification 2006 Likewise other countries, mining sector in India also requires an Central and
Environmental Impact Assessment (EIA) study and sought Environment State
Clearance (EC) from nodal agency before it starts its commercial government
production.
EIA became mandatory for development projects on January 27, 1994

under the Environment (Protection) Act, 1986 (EPA Act). The said act
made environmental clearance mandatory for new projects, expansion or
modernization projects.
As per the EIA notification 2006, the projects requiring an EIA fall into
two categories, Category “A” projects which need clearance from the
Central government and Category “B” projects which need clearance
from the respective State Level Environment Impact Assessment
Authority (SEIAA) appointed by the Central government. The Category
“B” is further subdivided into “B1” and “B2”; and EIA is applicable
only for “B1” projects.
Threshold value and respective authority for grant of EC

Project or activity Category with threshold limit
A B
>50 ha of mining
Mining of lease area for <150 ha >5 ha of mining lease area in case
minerals non-coal mine. of coal.
>150 ha of > 25 ha (all minor minerals, Brick

mining lease area earth/ordinary earth, river sand mining
11
http://dste.puducherry.gov.in/watercess-act.htm
12
http://appcb.ap.nic.in/environment%20act/cess.html
13
GUIDELINES/CRITERIA FOR EVALUATION OF PROPOSALS/ REQUESTS FOR GROUND WATER ABSTRACTION, CENTRAL GROUND WATER AUTHORITY,
Ministry of Water Resources Government of India (15/11/ 2012)
in case of coal
Small mines in clusters - 'Brick earth' /
mine.
'Ordinary earth'/ all minor minerals
mining projects - in case of cluster, if the
distance between two lease area is less
than 500 meter from its periphery and total
lease area exceeds 25 ha, then in such case
cluster will categorized as “B1” then in
such case cluster will categorized as “B1”
and EIA is pre-requisite for cluster and has
to obtain EC from SEIAA before it sought
operation
River sand mining in cluster - in case of

cluster or likely to be cluster like situation,
if the distance between two lease area is
less than 1km from the periphery of other
lease and total lease area exceeds or equal
to 25 ha, then in such case cluster will
categorized as “B1” and EIA is pre-
requisite for cluster and has to obtain EC
from SEIAA before it sought operation14
Asbestos mining
irrespective of
mining area.
MoEF, State/Union territory Environmental
Authority Government of Impact Assessment Authority (SEIAA) on
for India (GOI) on the recommendations of State or Union
the territory level Expert Appraisal Committee
approval
recommendations (SEAC)
of TOR & of Expert
issue/reject Appraisal
of EC Committee
(EAC)
Notes: General condition will be applicable to project as specified in Category ‘B’ will
be treated as Category A, if located in whole or in part within 10 km from the boundary
of: i) Protected areas notified under the Wild Life (Protection) Act, 1972, ii) Critically
polluted areas as notified by the Central Pollution Control Board from time to time, iii)
Notified Eco-sensitive areas, iv) Inter-state boundaries and international boundaries
The Air (prevention and Important provisions of the Air Act applicable on mining project are
control of pollution) Act, 1981 given below
 Section 21 - It is mandatory to obtain Consent for

Establishment (before start of mining) and Consent for
Operation (for operation of mine) from the Board under
Section 21 of the Air (Prevention & Control of Pollution) Act,
1981 as amended.
 Section 17 (g) – Lay down standard for emissions
 Section 19 – power to declare air pollution areas
 Section 22(a) - Not to allow emissions of air pollutants in

excess of the prescribed standard
 Section 24 – power of entry and inspection
 Section 26 – power to take samples of air or emissions
 Section 31 (a) – power to give direction (closure, stoppage of

electricity, water or any other service)
14 http://envfor.nic.in/sites/default/files/ia-24122013.pdf
 Section 37 - Failure to comply with the provision of section 21
or section 22 or with the directions issued under section
33(A). Imprisonment - 11/2 years (mini) 6 years maximum &
with fine. If failure continues Rs. 5,000/- day. Continues
beyond a period of one year after the date of conviction.
Imprisonment - 2 years (mini) 7 years & with fine15.
 Section 39 - Penalty for flouting of certain provisions of the

act. Flouting any provision of the act or fails to comply with
any order or direction issued under this act, for which no
penalty has been elsewhere provided in this act. Imprisonment
– 3 months or fine upto Rs.10,000/- or with both and continue
of flouting will charge Rs.5,000/- day
Coastal Regulation Zone  According to CRZ Notification 201116, prohibited items State and
Notification 2011 related to mining include mining of sand, rocks, etc. But under Central
permissible activities, mining of rare minerals are allowed government
because it is not found outside CRZ area
If mining of rare minerals are falling in CRZ area then such

project requires CRZ clearance. The State Coastal Zone
Management Authority first examine the project and gives its
recommendation to Ministry of environment and forest and
State level Environment Impact Assessment Authority
(SEIAA) in case of ‘B” category project. The MOEF/SEIAA)
reviews the recommendation and gives CRZ clearance.
The Hazardous wastes  Like chemical sector, mining sector is not producing State
(management, handling and significant quantity of hazardous waste. As per appended government
transboundry movement) Schedule I of this rule, the general hazardous wastes generated (SPCB)
Rules, 2008 in mining and associated allied activities includes used
oil/spent oil and wastes/residues containing oil from mining
equipments and vehicles workshops. Therefore, under section
5 – mining industry has to take authorization from State
Pollution Control Board.
The Batteries (management  This rule is applicable to every manufacturer, importer, re- State
and handling) rules 2001 conditioner, assembler, dealer, recycler, auctioneer, consumer government
and bulk consumer involved in manufacture, processing, (SPCB)
sale, purchase and use of batteries or components. The
mining sector consume substantial amount (bulk consumer) of
battery. Sometimes big mines also auction used battery,
therefore, this rule is applicable. As per the provisions of
these rules the responsibilities of bulk consumers and
auctioneers are17
(a) Responsibility of bulk consumers
 Consumer to ensure that used batteries are not disposed of in

any manner other than depositing with the dealer,
manufacturer, importer, assembler, registered recycler,
reconditioner or at the designated collection centres
 File half-yearly return in Form VIII (appended to this Rule) to
the State Board
 Auction to registered recyclers only.
15 http://appcb.ap.nic.in/environment%20act/ea_air.html
16 http://www.cseindia.org/userfiles/india.pdf
17 http://www.mppcb.nic.in/pdf/Batteries_Info-2010.pdf
(b) Responsibility of auctioneers
 auctioned to the registered recyclers only

 File half yearly return in form Form-IX to State Board
 Record keeping of such auctions and make records available
to the
 State Board for inspection
The Noise Pollution  This Rule is also applicable on mining sector, as mining area State
(Regulation and Control) falls under Industrial zone, therefore noise level shall not government
Rules, 2000 exceed the ambient air quality standard ( i.e. 75 dD (A) Leq (SPCB)
day time and 70 dD (A) Leq night time, The day time means
from 6.00 a.m to 10.00 p.m and night time means 10 p.m to
6.0 a.m
Bio-medical waste Applicable, if mining projects have hospital or health care facilities State
(management and handling) government
Rules  Requires authorization from SPCB (granted for three years) (SPCB)
 Treatment and disposal as per schedule I appended to Rule
and generation has to comply with standard as prescribed in
Schedule V
 Provide time-bound requisite facilities for treatment of
biomedical waste as mentioned Schedule VI
The Wild Life (protection)  Section 2918 and 3519 restricts the mining in sanctuaries and State and
amendment Act, 2002 national parks. According to current legal framework, EC central
stands null and void without forest and wildlife clearance. government
 Recommendation of NBWL, if project is located within the

eco-sensitive zone20 i.e. within a distance of 10 kms from its
boundaries National Park and Sanctuaries.21
 After the NBWL Standing Committee recommends the

proposal, the concerned agency is required to approach the
Supreme Court for final aproval as required by the Apex Court
order dated November 13, 2000. The order notes that that
“there shall be no denotification of National Parks and
Sanctuaries without approval of the Supreme Court.
Therefore, to take up any such activity, a final approval from
Hon'ble Court is mandatory”.
 In National parks and Sanctuaries, no borrowing of earth

/excavation of 'brick earth' or 'ordinary earth' shall be allowed
within 1 km from the of national parks and wild life
sanctuaries22.
18 According to section 29 of The Wild Life (protection) amendment Act, 2002 - No person shall destroy, exploit or remove any
wild life including forest produce from a Sanctuary or destroy or damage or divert the habitat of any wild animal by any act
whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a
permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being satisfied
in consultation with the National Board that such removal of wild life from the sanctuary or the change in the flow of water into
or outside the sanctuary is necessary for the improvement and better management of wild life therein. Further forest produce
obtained shall not be use for commercial purpose. The grazing or movement of livestock permitted in sanctuary.
19 According to section 35 of The Wild Life (protection) amendment Act, 2002 - No person shall destroy, exploit or remove any
Wild Life including forest produce from a National Park or destroy or damage or divert the habitat of any wild animal by any
act whatsoever or divert, stop or enhance the flow of water into or outside the National Park, except under and in accordance
with a permit granted by the Chief Wild Life Warden, and no such permit shall be granted unless the State Government being
satisfied in consultation with the National Board that such removal of wild life from the National Park or the change in the flow
of water into or outside the National Park is necessary for the improvement and better management of wild life
therein, authorises the issue of such permit. Further forest produce obtained shall not be use for commercial purpose.
20 Area within 10 km radius of the boundaries of National park and Sanctuaries
21 http://forest.bih.nic.in/Circulars/CN-01-14-08-2012.pdf
22 http://moef.nic.in/assets/ia-24062013.pdf
 No commercial mining is allowed within 10 km from the
boundaries of National Park and Sanctuaries23
Forest (Conservation) Act, 1980  Forest Conservation Act (FCA), 1980 provides for the
and amendments made in 1988 conservation of forests and restriction on use of ‘forest-land’.
Section 2 of the Act, forestland can be diverted for non forest
use onlywith the prior approval of the Central Government.
 Act also requires the developers to pay for purchase of an
equivalent area of non-forest land as near as possible to the
site of diversion, or twice the degraded forest area for
compensatory afforestation.
 In addition to compensatory afforestation developer has to pay
Net Present Value (NPV) for the forest land diversion, which
range from 6.9-10.43 lakhs per hectare
 The forest clearance for mining project requires two stage
clearance - Stage I (In principal approval) and Stage II
(final clearance). The final EC is issued only after
Submission of Stage 1 Forest Clearance. At the time of
grating EC, if competent authority (CA) does not receive stage
I forestry clearance certificate, then, CA hold the EC
certificate and give time limit of 12 month to summit stage I
forestry clearance. It is further extended to 18 month under
exceptional case, otherwise EC will stand rejected and entire
process of obtaining EC would have to be initiated again
under EIA Notification 2006.
Mine closure (all minerals  Provision for mandatory Mine Closure - The central
except coal, petroleum, natural government after making amendment in Mineral Concession
gas, atomic minerals and minor Rules, 1960 and Mineral Conservation and Development
minerals) Rules, 1988, issued notification (GSR 329 (E), dated
10.4.2003) for Mine Closure
 According to said notification, all existing mines lease owners

are required to submit the “Progressive Mine Closure Plan”
along with prescribed financial sureties within 180 days.
Further, prior to one year of final closure the owners are also
required to submit “Final Closure Plan”. The financial sureties
is 25000/ ha for A category24 mines and rupees 15000/ha for B
category mines25
Coal and Lignite  In 2009, the Ministry of coal issued guideline for preparation
of mine closure plan for coal and lignite mine, which was
further modified in 2009, 2012 and 2013.26 The said guideline
stipulate to prepare closure plan for a new and old mine and
shall be approved within a period of one years in advance of
mine closure27. The Ministry of coal estimated the closure cost
for opencast mine is around Rs 6 lakh per Hectare mine
leasehold area and 1 lakh per Hectare mine leasehold area for
underground mine. The said amount, which is called financial
assurance, is deposited in any scheduled bank. The computed
23http://forest.bih.nic.in/Circulars/CN-01-14-08-2012.pdf
24According to the Mineral Conservation and Development Rules, 1988 (as amended up in 2011) for the purpose of Rule, mines
are divided into category “A” and Category “B”. The category 'A' mines means those mine which is fully mechanized and works
are carried out by the deployment of heavy mining machinery for deep hole drilling, excavation, loading and transport” or
“Such mines where the number of average employment exceeds one hundred and fifty in all or seventy-five workings below
ground, or mines where any of the mining operations like deep hole drilling, excavation, loading and transport is carried out
with the help of heavy machinery”.
25 The Category 'B' means mines other than category 'A' mines (manual mining)
26 http://www.coal.nic.in/070113b.pdf
27 http://www.coal.nic.in/120112.pdf
annual cost is deposited every year as financial assurance
throughout the mine life compounded @ 5% annually28.
Minor minerals
 The state government has absolute power to regulate minor
minerals within the state boundary, therefore, numbers of
states has inserted clause for mine closure for minor minerals
for instance as per Rule 37E (vi) of the Rajasthan Minor
mineral concession Rules, 1986 stipulate the submission of
progressive mine closure plan, if the mining area exceeding
one hectare29. Similarly in Haryana every mineral concession
holder must prepare and submit mining plan and mine closure
plan (Progressive & Final) and shall commence operation as
per approved plan30. Further Haryana government charge
additional 10% of royalty/dead rent along with payment of
royalty or dead rent, which ever higher every month (7th of
every month) for Reclamation & Restoration works. The
additional amount is refunded to mine operator after
satisfactory Reclamation/ Restoration of the area in
accordance with the Mine Closure Plan31. Similarly, in states
like Punjab32 and Utter Pradesh33, it is mandatory for mine’s
owner to submit the closure plan for minor minerals.
2. Mining and Non-compliance
In the recent years, high level of non-compliance has been reported by IBM under Mineral
Conservation and Development Rules (MCDR) 1988 and violation of other statutory
compliance like mining plans / schemes of mining / mine closure plans See Table 2:
Inspection and compliance status in major minerals. According to the reply by the Minister of
Mines to Lok Sabha, unstarred question no. 1912, 8th March, 2013, the minister has provided
the inspection and compliance status of mines for major minerals in parliament. According to
the data presented in the parliament, the number of violations has increased considerably with
an increase in number of mines. The number of mines that violated compliance has increased
two folds in the last four years, 34% in 2009-10 to upto 81% in 2012-13. Also, over a span
of four years, the percentages of non-inspected mines have increased from 5% in 2009-10 to
18% in 2012-13. Except the year 2010-11, there has been a considerable increase in the
number of mines to whom show cause notices were issued for violation of MCDR from 2009-
13. Similarly, from 2009-13, there has been a significant increase in the number of mines
28 http://coal.nic.in/cpam270809.pdf
29 http://www.dmg-raj.org/docs/MMCR-1986%20Amended%20up%20to12-07-2013.pdf
30 http://haryana.gov.in/misc/Mineral%20Rules.pdf
31 http://haryana.gov.in/misc/Mineral%20Rules.pdf
32 http://pbindustries.gov.in/Notifications/PMMR-2013.pdf
33 http://mineral.up.nic.in/images/latest%20MM%201963%20n.pdf
where mining operations were suspended under rule 13(2) of MCDR, 1988 , from 79 mines in
the year 2009-10 to 612 mines in the year 2012-13.
Table 2: Inspection and compliance status in major minerals

S.No 2009-10 2010-11 2011-12 2012-13
i Total reported mines* 2483 2546 2663 2535
ii Number of mines inspected 2371 2177 2563 2077 (till
February, 2013)
iii Number of mines where 797 685 1722 1675 (till
violations observed February, 2013)
iv Percentage of mines that are 5 14 4 18

not inspected**
v Percentage of mines that non- 34 31 67 81
complied ***
vi Number of mines to whom 404 168 856 744 (till
show cause notices issued for February, 2013)
violation of MCDR
vii Number of mines where 17 20 9 5 (till February,
prosecution cases were 2013)
compounded by IBM
viii Number of mines where 79 104 172 612 (till
operations suspended under February, 2013)
rule 13(2) of MCDR, 1988
ix Number of mines where - - 1445 574 (till
operations suspended under February, 2013)
rule 45(7)(i)(a) of MCDR,
1988
Source: Anon, Lok Sabha, Unstarred question no. 1912, To be answered on 8th march, 2013 , Inspection by IBM
* This information have been taken from the published data of IBM, it is a sum total of the total number of reporting metallic
and non-metallic mines from 2009-2013.
** Calculated by dividing ii/i*100
*** Calculated by dividing iii/ii*10

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Environmental Impact

• A decision making tool

 To compare various alternatives for a project

 To identify best combination of economic, environmental

Designing a mitigation and environment management

Implementation of the environment management plan

• Decision makers - Responsibility of appraisal authorities to

 Cumulative assessment for stressed areas

 EIA report should be comprehensive but focused

• All new projects or activities listed in the Schedule

• Expansion and modernization of existing projects or

• Any change in product - mix in an existing

Note: No construction work shall start prior to EC

• Projects in Schedule classified based on potential

• Category A cleared at Central level (MoEF)

• Category B1, B2 at State Level (SEIAA/ SEAC)

• Check-list information in Form-1/Form-1A + feasibility

• Scoping stage incorporate site clearance – No

For projects –Building/Construction/Area Development

Answer - All correspondence with the authority including

In the absence of the authorized representative, the

Source : S.O 3067 (E) dated 1st December 2009 of MoEF

Source :MoEF circular dated 4th September 2009

• No activity including civil construction can be

Source :MoEF office memorandum dated 19th August 2010

• Summary of draft EIA report (for category ‘A’ project )

• Categorically specifies that from 1st April 2010 onwards, the

• It will be further extended for one year, based on proper

• Primary data should not be older than 3 years

• In case of change of consultant, PP must inform

• Source: Office memorandum, dated 17th March 2013

• Stage (1) Screening (Only for Category ‘B’ projects

• Stage (2) Scoping (60 days is required)

• Stage (3) Public Consultation (45 days)

• Stage (4) Appraisal and EC granting (105 days)

Total Days for EC – (60+45+105 = 210 days)

• In case of Category B projects, identification by

Stage II: Scoping

• Determination of TORs for EIA for Category A

• The Terms of Reference (TOR) shall be

• If the Terms of Reference is not finalized and

• Display of approved Terms of Reference on

• Application may be rejected by the regulatory

• In case of such rejection, the decision together with

• Advertisement of venue, date and time in one major

• A minimum notice period of 30 (thirty) days shall be

• Advertisement shall also inform the public about the

 modernization of irrigation projects

 all projects or activities located within industrial

 expansion of Roads and Highways which do not

• All Building /Construction projects/Area Development

• All projects or activities concerning national defense and

• Postponement shall be notified to the public

• Regulator shall arrange video recording of

• A copy of the videotape or a CD shall be

• Every person present at the venue shall be granted an

• Views and concerns expressed shall be recorded by the

• Regulator shall also display the proceedings on its website for

• PH shall be completed within a period of 45 (forty five)

• Regulator shall sent the public hearing proceedings to

• Appraisal means - scrutiny of documents like

• Appraisal Committee shall make categorical

• Appraisal of project shall be completed by the

• Regulatory authority shall consider the