Mining on non-forest land can begin with nod from state governments

Relaxing green norms for coal production, the environment ministry has decided that companies can begin work in non-forestry areas of a coal block even before they obtain requisite clearances to mine in the forested areas of the block. The decision is likely to benefit power companies and cut down time taken to mine coal. As per earlier guidelines issued by the environment ministry under the Forest (Conservation), Act, 1980, coal mining on non-forest land was not allowed until the Centre released forest land for mining.

According to the new guidelines, the ministry had "received representations to amend the (earlier) guidelines under Forest (Conservation) Act, 1980 to allow mining on non-forest areas. After 'careful examination' of the representations received, the ministry decided that the onus of granting permission to begin mining on non-forest areas should be on the state governments. Explaining this decision, the ministry's new guidelines said, "The State government, if so desires, may execute a separate mining lease for a whole or part of non-forest land falling in mining lease, once Stage-I approval under FC Act 1980 for the entire forest land falling in such mining lease is obtained."

Adding a note of caution, the guidelines also added, "The state government, in such cases, shall take all measures that no violation of the Forest (Conservation) Act, 1980 occurs on forest land."

The ministry's move relaxes the norms for coal mining on multiple counts. To begin with, Stage-I forest clearance under the FC Act, 1980, only pertains to recommendation of projects by the ministry's expert committee for clearance. After obtaining this recommendation, the project proponent has to ensure that forest rights of tribal communities are settled under the Forest Rights Act, 2006. Besides, they also are required to deposit money with the ministry for afforestation and comply with other conditions, such as mitigation measures to conserve wildlife if necessary.

Later, companies obtain Stage-II clearance only when they fulfill these obligations. However, it has been witnessed in several instances that forest rights of tribal communities are not settled on time. In certain instances, final clearances for cutting down forests may be rejected if the project proponent is found violating conditions laid down after the Stage-I clearance. But, the new guidelines effectively detach fulfilling of conditions pertaining to forest land by allowing mining to begin on non-forest areas.

While this may increase coal production and boost the power sector, environmentalists said that it will hasten the vetting of projects and clearances. Even as India is trying to increase its share of renewable energy to reduce carbon emissions, 52% of the country's energy needs are met by coal and 66% of power generation is coal based, according to data from Coal India Limited, the world's largest producer of coal.

Stages for clearances
The ministry's move relaxes the norms for coal mining on multiple counts. To begin with, Stage-I forest clearance under the FC Act, 1980, only pertains to recommendation of projects by the ministry's expert committee for clearance. After obtaining this recommendation, the project proponent has to ensure that forest rights of tribal communities are settled under the Forest Rights Act, 2006. Besides, they also are required to deposit money with the ministry for afforestation and comply with other conditions, such as mitigation measures to conserve wildlife if necessary.