Forest clearances as per Forest (Conservation) Act, 1980 is required as the proposed mining area lies in the forest area. Procedure to be followed as per Forest (Conservation), 2003 Rules is as follow:
Prepration of proposal by user agency and submission to Parivesh portal.
Nodal officer ( CCF/ CF/ Additional PCCF) will look into the application and can raise queries if any.
DFO will do the site inspection and field visit.He will check whether the project would cause irreparable damage to the ecosystem or not. He may also check settelment of claims regarding the Forest Rights Act, 2006 with help of Gram Sabha.
PCCF reviews the subordinates finding and forward the application. He/ She consults with Chief Wildlife Warden, if area is important for wildlife point of view.
If area is greater than 60 hactares then application seeking clearances is send to MOEFCC. (As in our case ). The regional office of MOEFCC may go for site inspection if area is greater than 100 ha.
Forest advisory group at Central ministry level will consult with group Domain experts before giving the clearances.
National Board of Wildlife also scrutinize application if concerned area is located within 10 km of protected area.
Supereme court appointed committee also look into conversion if forest area is located within the boundary of protected area.
Environmental clearances will be done as per Environment (Protection) Act, 1986. The brief overview of the process is as follows -
Site selection is done by user agency. Consent to establish and Consent to operate is given by respective State pollution control board.
Environmental Impact Assessment is done by the user agency which include screening, scoping, Baseline study, Risk assessment, mitigation, Expert review, stakeholder review, regulatory review, etc.
Apply for NOC (No objection Certificate) .
SPCB arranges the public hearing.
Project proponent apply for the environmental clearances, submitting required documents (EIA report, NOC from SPCB etc. )
Review is done by Environmental Appraisal Committee. It may accept, reject or suggest changes in the project.
Mining clearances - Under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957, every mine is required to obtain statutory clearances before getting mining lease. Also Mineral Conservation and Development Rules (MCDR) 2017 mentions
Chapter V prescribes rules for " sustainable mining; removal and utilisation of top soil; storage of overburden, waste rock etc.; precaution against ground vibrations; control of surface subsidence; precaution against air pollution; discharge of toxic liquid; precaution against noise; and restoration of flora" etc.
Every lessee is mandated to obtain at least three star rating (given by Indian bureau of mines ) within four years from 28.02.2017 or date of commencement of mining operations and thereafter maintain the same on year on year basis.
Protective measures including reclamation and rehabilitation works has to be carried out in accordance with the approved mine closure plan
Wildlife clearances as per Wildlife protection act, 1972 is required if the diverted area lies within the protected area or inside ecosensitive zone . As the buxwaha mining project does not lies inside the protected area it does not require the wildlife clearances. However the procedure is as follows:
User agency submits the proposal to DCF giving full details of project and project site
DCF submit complete proposal to CF with his recommendation/ reservation and precautions/ condition required to mitigate the project impact if project is allowed.
CF examine the project proposal for completeness and forward it to Chief wildlife warden / Member secretary of State Board wildlife.
State board of wildlife consider the proposal and make observation
Then proposal is forwarded to National Board of Wildlife.
After this Government of India approve the proposal and same is forwarded to sate government.
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