A Guide to Investment in India’s Mineral Sector
APPLICABILITY OF OTHER ACTS & RULES Clearance from Ministry of Environment and Forests Environmental controls for the mining sector are regulated by the Forest (Conservation) Act, 1980 and Environment (Protection) Act, 1986 (‘EPA’). FOREST CLEARANCE For exploring and mining on forest land, prior permission of the government is required, under the provisions of the Forest (Conservation) Act, 1980. Rule 6 of the Forest (Conservation) Rules, 2003 prescribes the procedure for submission of proposals for seeking prior approval of the Central Government under Section 2 of the Act. All proposals relating to diversion of forest land up to 40 hectares and proposals for clearing of naturally grown trees for reforestation shall be sent directly to the concerned Regional Office of the MOEF by the State/UT government or other authority. Compensatory afforestation and payment of net present value of forest land are the most important conditions stipulated by the Central Government while approving proposals for de-reservation or diversion of forest land for non-forest uses. Compensatory afforestation is required to be done over equivalent area of non-forest land. The other standard conditions for mining projects include: (a)
phased reclamation of mined area,
(b)
safety zone area, its afforestation and fencing,
(c)
afforestation on one and half times degraded forest land in lieu of the area used for safety zone and
(d)
In case of under ground mines, areas on surface to be fenced and afforested.
(e)
Lands identified for compensatory afforestation to be transferred to the Forest Deptt.
(f)
Two stage clearance of proposals. In first stage, the proposal shall be agreed to in principle whereas in the second stage, the final approval will be accorded.
25
