Lok Sabha Question No. 931 (UNSTARRED), answered on 2016-11-22
Subject: Environmental Clearance for Sand Mining
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: PRALHAD VENKATESH JOSHI

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION No. 931

TO BE ANSWERED ON 22.11.2016

## Environmental Clearance for Sand Mining

## 931. SHRI PRALHAD JOSHI:

Will  the Minister  of  ENVIRONMENT, FOREST  AND  CLIMATE  CHANGE  be  pleased  to state:

- (a) whether  the  Government  proposes  to  decentralise  the  process  of  granting  environment clearance for mining of sand and minor minerals;
- (b) if so, the details and likely impact of the said move; and
- (c) whether the Ministry has received notice from the National Green Tribunal in this regard and if so, the details thereof?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT, FOREST AND CLIMATE CHANGE

## (SHRI ANIL MADHAV DAVE)

(a): The government has notified the Environment Impact Assessment (EIA) Notification, 2006, as amended from time to time, under the Environment (Protection) Act, 1986 which deals with the process of granting Environmental Clearance. The government has further decentralized the process of granting Environment Clearance for mining of sand and minor minerals and notified the  amendments in the  EIA  Notification,  2006,  vide  SO  No.  141  (E)  on  15.01.2016for  minor minerals with special focus on sustainable sand mining.  The Ministry, vide Notification dated 15.01.2016,  has  also  delegated  the  Authority  of  Environmental  Clearance  up  to  5  hectare  of individual mining lease of minor minerals and 25 hectares in clusters to the District Environment Impact Assessment Authority (DEIAA) headed by the District Magistrate/ District Collector. A District Expert Appraisal Committee (DEAC) has also been constituted under the chairmanship of the Executive Engineer, Irrigation Department to assist the DEIAA. The Ministry has notified the constitution of DEIAA and DEAC, vide Notification SO No. 190 (E) dated 20.01.2016.

(b): The District Magistrate is the appropriate authority to appraise the cases of small leases at District  level  and  to  monitor  the  implementation  of  conditions  and  mining  activities  in  the district.  Hence,  the  District  Magistrate/District  Collector  has  been  made  head  of  the  DEIAA constituted  at  District  level.    The  notification, inter-alia ,  emphasises  the  survey  of  minor minerals at District level. Hence, District Survey Report is to be prepared for each minor mineral in the district separately and its draft is to be placed in the public domain. The District Survey

Report forms the basis for application of the environment clearance and appraisal of the projects. The Notification also emphasizes the procedure for monitoring of sand /river bed mining with respect tothe monitoring of the mined out material which is key to the successful implementation of  sustainable  Environment  Management  Plan.  Use  of  Information  Technology  (IT)  and  ITenabled services for effective monitoring along with process reengineering has been made a part of the Notification. Detailedmonitoring mechanism has been provided in the Notification.

The monitoring of mined out mineral, environmental clearance conditions and enforcement of Environment Management Plan are ensured by the DEIAA, SEIAA and the State Pollution Control Board or Committee. The status of compliance of stipulated conditions of the environmental clearances of different projects, including sand mining projects, is monitored by ten Regional Offices of this Ministry in the Country.The Ministry has also requested all the State Governments to implement the provisions of  the  Notification  in  true  spirit  in  order  to  ensure environmentally sustainable sand mining in the Country.

(c): Pursuant  to  the  order  of  Supreme  Court  dated  27 th February,  2012  in  I.A  No.12-13  of 2011 in Special Leave Petition(C) No.19628-19629 of 2009, in the matter of Deepak Kumar etc. vs  State  of  Haryana  and  Others  etc.,  prior  environment  clearance  had  become  mandatory  for mining of minor minerals irrespective of the area of mining lease. As a result of the Supreme Court  of  India's  Orders,  the  number  of  cases  requiring  environment  clearance  had  increased substantially.  Subsequently,  the    National  Green  Tribunal(NGT)    vide  its  Order  dated  13 th January,  2015  had  directed  the  Ministry  for  making  a  policy  on  environment  clearance  for mining leases in cluster for minor minerals. Taking into consideration the Orders of the Supreme Court of India and the NGT, the Ministry has notified the amendments in the EIA Notification, 2006, vide SO No. 141 (E) on 15.01.2016for minor minerals with special focus on sustainable sand mining. One OA No.405/216 'Rajiv Surivs Union of India and others', has been filed in NGT in September, 2016 against Ministry Notification dated 15.1.2016 and 1.7.2016 related to environment clearances for sand mining and minor minerals.

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