Lok Sabha Question No. 3015 (UNSTARRED), answered on 2021-08-06
Subject: Mining Leases in Forest Areas
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: S. Ramalingam, A. Ganeshamurthi

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

## LOK SABHA UNSTARRED QUESTION No. 3015

TO BE ANSWERED ON 06.08.2021

## Mining Leases in Forest Areas

## 3015.   SHRI RAMALINGAM S.:

SHRI A. GANESHAMURTHI:

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

- (a) whether  the  Ministry  has  recently  made  a  new  provision  for  mining  permits  to  be transferred to new mining leases from previous lease holders without having to apply for a fresh forest clearance under the Forest Conservation Act, 1980;
- (b) if  so,  the  details  thereof  and  the  reasons,  purpose  and  intentions  to  make  such  new provision in the said mining permits;
- (c) whether his Ministry has written a letter to all States and Union Territories that the transfer of approval of new mining leases under the Forest Conservation Act, 1980, can be made only after such companies meet certain conditions;
- (d) if so, the details thereof; and
- (e) the total number of mining permits that have been transferred to new mining leases from previous lease holder without having to apply for a fresh forest clearance under the Forest Conservation Act, 1980, as on date, State/UT-wise?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

(SHRI ASHWINI KUMAR CHOUBEY)

- (a) to (d) Yes  Sir, keeping  in view  the  provisions under  Mines      and Minerals (Development   and Regulation)   Amendment   Act,   2021   which   has   been notified   by   the   Central Government on 28.03.2021, and with a view to align the  amended  provisions  with  those  of  the  Forest  (Conservation)  Act,  1980,  the Ministry  has  issued  guidelines  vide  letter  dated  07.07.2021  for  transfer  of approvals in respect of mining leases granted under the Forest (Conservation) Act, 1980. The said letter has been sent to all States/UTs. The same is annexed .
- (e) No State/UT has reported any such transfer of approval to the Ministry so far.

***

To

## Annexure

## Annexure referred to the part (a) to (d) of the Lok Sabha UnStarred Question No. 3015 asked by SHRI RAMALINGAM S. and SHRI A. GANESHAMURTHI regarding 'Mining Leases in Forest Areas ' due for answer on 06.08.2021

## File No.FC-11/112/2020-FC(Pt)

Government of India Ministry of Environment, Forest and Climate Change (Forest Conservation Division)

Indira Paryavaran Bhawan, Aliganj, Jorbagh Road, New Delhi-110003

Dated: 7th July, 2021

The Additional Chief Secretary (Forest)/Principal Secretary (Forest), All State Governments/UT Administrations

Sub:  Guidelines  under  Forest  (Conservation)  Act,  1980  for  transfer  of  approvals  granted under the Forest (Conservation) Act, 1980 to mining leases allotted to new lessee as per the provisions of the Mines and Minerals (Development and Regulation) Amendment Act, 2021 reg.

Madam/Sir,

I am directed to refer to the Mines and Minerals (Development and Regulation) Amendment Act, 2021 which has been notified by the Central Government on 28.03.2021. Section 8B of the amended Act is reproduced below:

' provided  that  even  after  expiry  or  termination  of  lease  and  such  rights,  approvals,  clearances, licenses and the like shall be transferred to, and vested; subject to the conditions provided under such laws; in the successful bidder of the mining lease selected through auction under the said Act. It has also been provided in the amendment Act that it shall be lawful for the new lessee to continue mining  operations  on  the  land  till  expiry  or  termination  of  mining  lease  granted  to  it,  in  which mining operations were being carried out by the previous lessee.'

In  light  of  the  above  provisions  of  the  MMDR  Amendment  Act  2021,  the  matter  related  to  the validity of the approvals granted under Forest (Conservation) Act, 1980 (FCA-1980) was examined in the Ministry, and with a view to align the provisions under the two Acts, it has been decided that transfer  of  approval  under  FCA-1980  in  such  mining  leases  may  be  considered  subject  to  the following conditions:

- i. Complete  compliance  of  such  terms  and  conditions  as  stipulated  in  the  approval  granted previously under the FCA-1980, and rules and guidelines framed thereunder in respect of the  concerned  mining  lease  has  been  made.  The  non-compliance  of  conditions,  if  any, stipulated  in  the  approval  granted  to  the  erstwhile  agency  under  FCA-1980,  which  were required  to  be  complied  before  handing  over  the  forest  land  to  such  agency,  shall  be transferred as liabilities to the new allocattee, and in such case, complete compliance of such conditions shall be made prior to handing over of forest land to the new allocattee. For the remaining conditions, the new allocattee will make an undertaking to comply with, before handing  over  of  the  forest  land.  It  is  clarified  that  in  case  of  violation  of  any  of  the conditions which was done during the period of previous allocattee and which constitutes an
2. offence  under  the  FCA-1980,  the  penal  clauses  will  be  invoked  against  the  previous allocattee only and not against the new allocattee.
- ii. Approval under FCA-1980 was valid on the date of expiry of previous lease.
- iii. Mining operations will be restricted to the forest area for which approval under Section 2 (ii) of the FC Act, 1980 has been obtained by the erstwhile user agency. No non-forest use of such forest lands falling within the lease shall be allowed, for which approval under Section 2(ii) has not been obtained by the State Government. Mining in such areas may be allowed only after  obtaining  prior  approval  of  the  Central  Government  under  Section  2  (ii)  of  the FCA- 1980.
- iv. The  State  Government  shall  ensure  that  the  amount  of  Net  Present  Value,  Safety  Zone Plantation and Compensatory Afforestation(CA), if not deposited earlier, has been deposited prior to handing over of the forest land to the new allocattee. Also, in case the CA land has not  been  made  available  previously,  the  forest  land  shall  be  handed  over  to  the  new allocattee  only  after  the  corresponding  CA  land  has  been  accepted  by  the  competent authority as per the extant procedures for acceptance of CA lands for a new proposal.
- v. Mining operations and other activities shall be carried out as per the land-use allowed in the approval under the FCA-1980. Any change in the land use on account of any valid reason shall be effected with the prior approval of the Central Government.
- vi. Reclamation of the mined out forest area in the whole lease area as per the approved Mining Plan shall be an obligatory condition for the new allocattee.
- vii. Transfer fee, as prescribed in the relevant guidelines incorporated in the Handbook of Forest (Conservation) Act, 1980 shall be realized from the new allocattee and deposited into the account of CAMPA of the State concerned.
- viii. Transfer of approvals to new agency may be accorded by the concerned State Government/UT Administration subject to fulfilment of conditions/provisions stipulated in the relevant guidelines of the Ministry.

This issues with the approval of the competent authority in the Ministry.

Yours faithfully, Sd/(Sandeep Sharma) Assistant Inspector General of Forests

## Copy to:

1. The Secretary (Mines), Government of India.
2. The Principal Chief Conservator of Forests, All State Governments/UT Administrations.
3. The Nodal Officer (FCA), Office of the PCCF, All State Governments/UT Administrations
4. The  Dy.  Director  General  of  Forests  (Central),  All  Integrated  Regional  Offices  of  the MoEF&CC
5. PS to Hon'ble Minister, EF&CC ,GoI New Delhi.
6. PPS to Secretary (EF&CC) GoI/PPS to DGF&SS, MoEF&CC, GoI.
7. Monitoring Cell, FC Division, MoEF&CC, New Delhi.
8. Guard File.