17th April, 2003
Ministry of Information & Broadcasting  


A CLARIFICATION


A news item has appeared in the Indian Express dated 16th April 2003 "Ministry of Environment stands up for miners". A number of issues have been raised on the MOEF’s affidavit dated 2nd April 2003 regarding mining operations in the State of Haryana and these need to be clarified and factual position brought out.

The Ministry of Environment and Forests, in order to ensure that uniform procedures are adopted throughout the country for environmental clearance of mining projects involving major minerals and having lease area greater than 5 hectares, amended the Environmental Impact Assessment Notification, 1994 and the Aravlli Notification of 1992. As a result, mining of major minerals in Gurgaon and Alwar districts also require environmental clearance from MOEF if lease area exceeds 5 hectares.

The Ministry of Environment and Forests would like to clarify the issues as follows :

  1. Contrary to the news report, the MOEF affidavit DOES NOT recommend that all mines be reopened.
  2. - Of the 34 mines in Faridabad, only 14 mines have been recommended to be reopened as they are complying with conditions imposed by the relevant agencies.

    - In Gurgaon, of the 76 mines, 65 mines have been found complying with major conditions and have been recommended to be reopened.

    The remaining mines can be considered only subject to compliance of conditions by the various regulatory agencies including the Indian Bureau of Mines, Director General Mines Safety, State Government and MOEF including forestry clearance, etc.

  3. The recommendations of the Central Ground Water Board for imposing additional conditions with regard to issues on ground water have been incorporated in the affidavit. Accordingly, with regard to seven mines in the District of Faridabad where ground water table has been encountered, the MOEF’s affidavit clearly states "it is recommended that the 7 mines in Faridabad where mining has encountered ground water table, further mining may be permitted only in consultation with CGWB and conditions imposed by them for compliance by the mines owners. In case of all other mines in Gurgaon and in Faridabad where the ultimate working depth during mining is likely to encounter ground water table, such mining operations may be permitted subject to additional conditions that may be imposed by the CGWB. The State Government may also invite a representative of the CGWB in its Expert Committees".
  4. Therefore the issues of protection of ground water has been adequately addressed in the MOEF affidavit.

  5. The State Governments are being asked to direct closure of such mines whose owners have not applied to MOEF for environmental clearance as on 31sr March 2003 following the MOEF Public Notice dated 14th and 15th March 2003 regarding ex-post facto environmental clearance to units set up without prior environmental clearance under the provisions of the EIA Notification, 1994.
  6. MOEF statement that "afforestation of diverted plantation is not practically feasible as areas become refractory and hence difficult to establish green cover" has been quoted out of context. The relevant paras of the affidavit clearly state that small areas of plantations (either created from external help or from own resources), if require to be diverted for projects of national importance, may be done on merit/case by case basis. In such cases, whether commercial mining over an already existing valuable national resource such as forestry (even if created through plantations) should be taken up at all needs careful examination. Refforestation of such diverted plantations is also not practically feasible as areas become refractory and hence difficult to re-establish green cover. The resources required to afforest such areas would be more because of the degradation of the area.