Lok Sabha Question No. 3894 (UNSTARRED), answered on 2015-12-22
Subject: Mining in Non-Forest Areas
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: RAJESH RANJAN  (PAPPU  YADAV)

## GOVERNMENT OF INDIA

## MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA

## UNSTARRED QUESTION NO. 3894 TO BE ANSWERED ON 22.12.2015

## Mining in Non-Forest Areas

## 3894. SHRI RAJESH RANJAN:

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

- (a) whether  the  Government  has  allowed  mining  in  non-forest  areas  without  the  final approval from the Ministry;
- (b) if so, the details thereof;
- (c) whether  any  mechanism  has  been  laid  down  by  the  Government  to  ensure  that  the principle of sustainable development is not violated while allowing faster extraction of coal; and
- (d) if so, the details thereof and if not, the reasons therefor?

## ANSWER

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

## (SHRI PRAKASH JAVADEKAR)

- (a) and (b) In  partial  modification of the paragraph 4.4 of the consolidated guidelines issued under the Forest (Conservation) Act, 1980 and guidelines issued by the Ministry of Environment,  Forest  and  Climate  Change  (MoEFCC)  vide  letter  dated  1 st April 2015, the MoEFCC vide letter dated 10 th November 2015 issued guidelines to the following effect:

In  case  of  mining  leases  having  forest  land  in  part  or  in  full,  the concerned  user  agency  may  execute  a  single  mining  lease  in  accordance with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules framed thereunder, for the entire area falling in the mining lease after final approval under Section-2 of the Forest (Conservation)  Act,  1980  for  the  entire  forest  land  falling  in  such  mining lease  is  obtained.  However,  the  State  Government,  if  so  desires,  may execute  a  separate  mining    lease  for  a  whole  or  part  of  non-forest  land falling  in  such  mining  lease,  once  stage-I  approval  under  Section  2  of  the Forest  (Conservation)  Act,  1980  for  the  entire  forest  land  falling  in  such mining lease is obtained. The State Government, in such cases, shall take all measures to ensure that no violations of the Forest (Conservation) Act, 1980 occurs on the forest land.

- (c) and (d) Mining  of  coal  requires  prior  Environmental  Clearance  in  accordance  with  the provisions  of  the  EIA  Notification,  2006,  as  amended.  In  case  mining  of  coal involves forest land, prior approval of Central Government under Section-2 of the Forest (Conservation) Act, 1980 is also required to be obtained. In case mining of coal  involves  areas  falling  in  Protected  Areas  or  Eco-sensitive  zone  of  Protected Areas,  prior  recommendation  of  Standing  Committee  of  National  Board  for Wildlife  (NBWL)  is  also  required  to  be  obtained.  While  taking  decision  on applications seeking  these  approvals,  the  Central  Government  and  Standing Committee  of  the  NBWL  stipulates  appropriate  conditions  to  ensure  that  the principle  of  sustainable  development  is  not  violated  while  allowing  extraction  of coal.

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