Lok Sabha Question No. 2786 (UNSTARRED), answered on 2018-12-28
Subject: Environment Clearance for Mining Projects
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: RAVNEET SINGH

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

## LOK SABHA UNSTARRED QUESTION No. 2786

TO BE ANSWERED ON 28.12.2018

## Environment Clearance for Mining Projects

2786.  SHRI  RAVNEET  SINGH:

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

- (a) whether  mining  projects  of  less  than  5  hectares  are  exempted  from  environmental clearances and if so, the details thereof;
- (b) whether the Government has conducted any study on the amount of deforestation caused by mines under 5 hectares and if so, the details thereof;
- (c) the number of large mines that have split their lease into small mines; and
- (d) whether the Government plans to bring mines less than 5 hectares under the purview  of  environmental  clearances,  if  so,  the  details  thereof  and  if  not,  the  reasons therefor?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (DR. MAHESH SHARMA)

(a) to (d): The  Ministry  of  Environment,  Forest  and  Climate  Change  has  issued  the Environment Impact Assessment (EIA) Notification, 2006 under the Environment (Protection) Act,  1986  which  deals  with  the  process  to  grant  Environmental  Clearance.  As  per  the  EIA Notification, 2006, amended from time to time, Environmental clearance is required for all the non-coal mining projects irrespective of the size of the mine lease area and type of minerals.

The requirement for environmental clearance (EC) for minor mineral mining projects of area less than 5 hectare arose pursuant to order dated 27.2.2012 of the Hon'ble Supreme Court, in SLP (C) No.19628-19629 of 2009 titled Deepak Kumar etc. versus State of Haryana & Ors. Pursuant to the aforesaid order dated 27.02.2012, this Ministry issued an Office Memorandum dated  18.05.2012  stating  inter-alia  that  all  mining  projects  of  minor  minerals  including  their renewal, irrespective of the size of the lease would require prior EC. Further, the Ministry, vide Notification dated 15.01.2016, for the first time, has delegated the Authority of Environmental Clearance  up  to  5  hectares  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.  Recently,  the  Hon'ble  National  Green  Tribunal,  vide  its  judgment  dated

04.09.2018  and  13.09.2018,  inter-alia,  directed  this  Ministry  to  amend  the  notification  dated 15.01.2016  to  the  extent  that  leases  admeasuring  0  to  5  hectares  may  be  granted  prior environmental  clearance  by  State  Environment  Impact  Assessment  Authority  (SEIAA)  /  State Expert Appraisal Committee (SEAC) and not by DEIAA/DEAC.

No specific study at National Level has been conducted by the Ministry of Environment, Forest and Climate Change on the amount of deforestation caused by mines under 5 hectares/ splitting of mines.

***