How ignorant is our legal fraternity!
Supreme Court Order in 114/2014
In the course of hearing, this
Court on 16.01.2019 passed an order taking cognizance of the deleterious effect
of mining on vegetation, after mining activities are over. In particular, it is
observed that an area which is mined results in complete elimination of grass
which in turn denies fodder to the herbivores.
The only solution can be
re-grassing of such mined areas. It is not in dispute that re-grassing
technology is available in this country.
We see no reason why the area
which has been mined should not be restored so that grass and other vegetations
including trees can grow in the mining area for the benefits of animals.
We are of the view that this can
be achieved by directing the Union of India to impose a condition in the mining
lease and a similar condition in the environmental clearance and the mining plan
to the effect that the mining lease holders shall, after ceasing mining
operations, undertake re-grassing the mining area and any other area which may
have been disturbed due to their mining activities and restore the land to a
condition which is fit for growth of fodder, flora, fauna etc.
The Union of India may devise
appropriate methods for ensuring compliance of this condition after the mining
activity is over at the cost of the mining lease holders. This condition shall
be in addition to those conditions which have already been imposed for achieving
the same purpose under the mine closure plan. This condition shall not be imposed
in derogation of any conditions which are already in force.
The court and the great set of
lawyers present in the court failed to mention that the current law goes beyond
re-grassing!
If the judges were knowledgeable
or the lawyers honest enough to mention that the current legislation calls for
tougher conditions than what they are prescribing and all the miners are in
complete violation.
Here are the guidelines…
Guidelines for preparation of Mine
Closure Plan
Preamble:
1. The Central Government vide
Notification No. GSR 329 (E) dated 10.04.2003 and No. GSR 330 (E) dated
10.04.2003 amended the Mineral Concession Rules, 1960 and Mineral Conservation
and Development Rules, 1988 respectively. As per these amendments all the
existing mining lessees are required to submit the "Progressive Mine
Closure Plan" along with prescribed financial sureties within 180 days
from date of notification. Further, the mining lessee is required to submit
"Final Mines Closure Plan" one year prior to the proposed closure of
the mine. In the notification it has been enumerated that the "Progressive
Closure Plan" and "Final Closure Plan" should be in the format
and as per the guidelines issued by the Indian Bureau of Mines.
2. Mine closure encompasses
rehabilitation process as an ongoing programme designed to restore physical,
chemical and biological quality disturbed by the mining to a level acceptable
to all concerned. It must aim at leaving the area in such a way that
rehabilitation does not become a burden to the society after mining operation
is over. It must also aim to create as self-sustained ecosystem.
3. Mine closure operation is a
continuous series of activities starting from day one of the initiation of
mining project. Therefore, progressive mine closure plan will be an additional
chapter in the present mining plan and will be reviewed every five years in the
Scheme of Mining. As progressive mine closure is a continuous series of
activities, it is obvious that the proposals of scientific mining have had
included most of the activities to be included in the progressive mine closure
plan. Therefore, reference to relevant paragraphs and a gist of the same in
progressive mine closure plan will be sufficient.
4. Final mine closure plan as per
statute, shall be considered to have its approval at least nine months before
the date of proposed closure of mine. This period of nine months is reckoned as
preparatory period for final mine closure operations. Therefore, all proposals
for activities which have to be carried out after production of mineral from
the mine or mining is ceased, shall be included in the final mine closure plan.
The final mine closure plan will thus be a separate document with detailed
chapters as per guidelines given below.
The mine closure plan will be
prepared as per the guidelines given as enclosure. The guidelines include the
specific activities both in progressive mine closure plan and final mine
closure plan.
ENCLOSURE
GUIDELINES FOR MINE CLOSURE
PLAN
1. Introduction:
The name of the lessee, the
location and extent of lease area, the type of lease area (forest, non-forest
etc), the present land use pattern, the method of mining and mineral processing
operations, should be given.
1.1
Reasons for closure:
The reasons for closure of mining
operations in relation to exhaustion of mineral, lack of demand, uneconomic
operations, natural calamity, directives from statutory organisation or court
etc. should be specified.
1.2
Statutory obligations: The legal
obligations, if any which the lessee is bound to implement like special
conditions imposed while execution of lease deed, approval of mining plan,
directives issued by the Indian Bureau of Mines, conditions imposed by the
Ministry of Environment and Forests, State of Central Pollution Control Board
or by any other organisation describing the nature of conditions and compliance
position thereof should be indicated here (the copies of relevant documents may
be attached as Annexure).
1.3
Closure plan preparation: The names and addresses
of the applicant and recognised qualified person who prepared the Mine Closure
Plan and the name of the existing agency should be furnished. A copy of the
resolution of the Board of Directors or any other appropriate administrative
authority as the case may be on the decision of closure of mine should be
submitted.
2. Mine Description:
2.1 Geology: Briefly
describe the topography and general geology indicating rock types available,
the chemical constituents of the rocks / minerals including toxic elements if
any, at the mine site.
2.2 Reserves: Indicate
the mineral reserves available category wise in the lease area estimated in the
last mining plan / mining scheme approved along with the balance mineral
reserves at the proposed mine closure including its quality available (for
final mine closure plan only).
2.3 Mining Method: Describe
in brief the mining method followed to win the mineral, extent of mechanisation,
mining machinery deployed, production level etc.
2.4 Mineral Beneficiation: Describe
in brief the mineral beneficiation practice if any indicating the process
description in short. Indicate discharge details of any tailings / middlings
and their disposal / utilisation practice followed.
3. Review of Implementation of
Mining Plan / Scheme of Mining including five years Progressive Closure Plan
upto final closure of mine:
Indicate in detail the various
proposals committed with special emphasis on the proposals for protection of
environment in the approved Mining Plan / Scheme of Mining including five years
Progressive Closure Plan upto the closure of mine vis-a-vis their status of
implementation. Highlight the areas, which might have been contaminated by
mining activities and type of contaminants that might be found there. The
reasons for deviation from the proposals if any with corrective measures taken
should also be given.
4.Closure Plan:
4.1 Mined-Out Land: Describe
the proposals to be implemented for reclamation and rehabilitation of mined-out
land including the manner in which the actual site of the pit will be restored
for future use. The proposals should be supported with relevant plans and
sections depicting the method of land restoration / reclamation /
rehabilitation.
4.2 Water Quality Management
: Describe in detail the existing surface and ground water bodies
available in the lease areas and the measures to be taken for protection of the
same including control of erosion, sedimentation, siltation, water treatment,
diversion of water courses , if any, measures for protection of contamination
of ground water from leaching etc. Quantity and quality of surface water bodies
should also be indicated and corrective measures proposed to meet the water
quality conforming the permissible limits should also be described. Report of
hydrological study carried out in the area may also be submitted. The water
balance chart should be given. If there is potential of Acid Mine Drainage the
treatment method should be given.
4.3 Air Quality Management: Describe
the existing air quality status. The corrective measures to be taken for
prevention of pollution of air should be described.
4.4. Waste Management: Describe
the type, quality and quantity of overburden, mineral reject etc. available and
their disposal practice. If no utilisation of waste material is proposed, the
manner in which the waste material will be stabilised should be described. The
protective measures to be taken for prevention of siltation, erosion and dust
generation from these waste materials should also be described. If toxic and
hazardous elements are present in the waste material the protective measures to
be taken for prevention of their dispersal in the air environment, leaching in
the surface and ground water etc, should be described.
4.5 Top Soil Management: The
top soil available at the site and its utilisation should be described.
4.6 Tailing Dam Management : The
steps to be taken for protection and stability of tailing dam, stabilisation of
tailing material and its utilisation, periodic desilting, measures to prevent
water pollution from tailings etc., arrangement for surplus water overflow
alongwith detail design, structural stability studies, the embankment seepage
loss into the receiving environment and ground water contaminant if any should
be given.
4.7 Infrastructure: The
existing infrastructural facilities available such as roads, aerial ropeways,
conveyer belts, railways, power lines, buildings & structures, water
treatment plant, transport, water supply sources in the area etc. and their
future utilisation should be evaluated on case to case basis. If retained, the
measures to be taken for their physical stability and maintenance should be
described. If decommissioning proposed, dismantling and disposal of building
structures, support facilities and other infrastructure like electric
transmission line, water line, gas pipeline, water works, sewer line, telephone
cables, underground tanks, transportation infrastructure like roads, rails,
bridges, culverts etc., electrical equipments and infrastructures like electric
cables, transformers to be described in connection with restoring land for
further use.
4.8 Disposal of Mining
Machinery: The decommissioning of mining machineries and their possible
post mining utilisation, if any, to be described.
4.9 Safety and Security: Explain
the safety measures implemented to prevent access to surface openings,
excavations etc., and arrangements proposed during the mine abandonment plan
and upto the site being opened for general public should be described.
4.10 Disaster Management and
Risk Assessment: This should deal with action plan for high risk accidents
like landslides, subsidence flood, inundation in underground mines, fire,
seismic activities, tailing dam failure etc. and emergency plan proposed for
quick evacuation, ameliorative measures to be taken etc. The capability of
lessee to meet such eventualities and the assistance to be required from the
local authority should also be described.
4.11 Care and maintenance
during temporary discontinuance : For every five yearly review ( as given
in the mining scheme), an emergency plan for the situation of temporary
discontinuance or incomplete programme due to court order or due to statutory
requirements or any other unforeseen circumstances, should include a plan
indicating measures of care, maintenance and monitoring of status of unplanned
discontinued mining operations expected to re-open in near future. This should
detail item wise status monitoring and maintenance with periodicity and
objective.
5. Economic Repercussions of
closure of mine and manpower retrenchments:
Manpower retrenchment,
compensation to be given, socio-economic repercussions and remedial measures
consequent to the closure of mines should be described, specifically stating
the following.
5.1 Number of local residents
employed in the mine, status of the continuation of family occupation and scope
of joining the occupation back.
5.2 Compensation given or to be
given to the employees connecting with sustenance of himself and their family
members.
5.3 Satellite occupations
connected to the mining industry - number of persons engaged therein -
continuance of such business after mine closes.
5.4 Continued engagement of
employees in the rehabilitated status of mining lease area and any other
remnant activities.
5.5 Envisaged repercussions on
the expectation of the society around due to closure of mine.
6. Time Scheduling for abandonment:
The details of time schedule of
all abandonment operations as proposed in para 4 should be described here. The
manpower and other resources required for completion of proposed job should be
described. The schedule of such operations should also be supplemented by PERT
(Programme Evaluation & Review Technique), Bar chart etc.
7. Abandonment Cost:
Cost to be estimated based on the
activities required for implementing the protective and rehabilitation measures
including their maintenance and monitoring programme.
8. Financial Assurance:
The financial assurance can be
submitted in different forms as stated in Rule 23(F)(2) of Mineral Conservation
and Development (amendment) Rules, 2003. In the mine closure plan, the manner
in which financial assurance has been submitted and its particulars have to be
indicated.
For Model Bank Guarantee Form, please click here.
9. Certificate:
The above-mentioned actions have
been taken to be stated clearly in the mine closure plan. A certificate duly
signed by the lessee to the effect that said closure plan complies all
statutory rules, regulations, orders made by the Central or State Government,
statutory organisations, court etc. have been taken into consideration and
wherever any specific permission is required the lessee will approach the
concerned authorities. The lessee should also give an undertaking to the effect
that all the measures proposed in this closure plan will be implemented in a
time bound manner as proposed.
10. Plans, Sections etc.:
The chapter 1,2,3 and 4 should be
supported with Plans and Sections. The Closure Plan may also be submitted
depicting photographs, satellite images on compact disc etc. wherever possible.
NOTE
1. The mine closure plan in
progressive stage will be prepared by paragraphs where sub-paragraphs may be
added for detailed items whereas the final mine closure plan will be prepared
in chapters with sub-chapters as necessary with adequate details.
2. The guidelines for the both
the documents will be same as above.
Why this?
The Courts are passing
verdicts, Justice is a far cry and notional according to the whims and fancies
of our legal fraternity!
