4.1.3
National Mineral Policy
Another important policy declaration bearing direct relevance to environment
in mining areas is the National Mineral Policy 1993. Under the Constitution
of India mineral rights are vested to State Governments. But the Seventh Schedule
of the Constitution empowers the Central Government to regulate mineral development
in India.
Soon after independence a 'Mineral Policy Conference' was held in New Delhi
which called for an appropriate mineral development policy. The Central Government
responded by establishing regulatory agencies (e.g. the Indian Bureau of Mines,
the Coal Board etc.) and by promulgating relevant sector-specific Acts, viz.,
the Atomic Energy Act 1948, the Mines and Minerals (Regulation and Development)
(MMRD) Act 1948, Coal Mines (Conservation and Safety) Act 1952, etc.
The first Industrial Policy Resolution adopted in 1948 codified the national
policy in respect of mines and minerals. Mining sector also received due attention
in the second 'Industrial Policy Statement' issued in 1956. As a follow-up
measure to Industrial Policy Resolution of 1956, the MMRD Act 1946 was repealed
and MMRD Act 1957 was enacted. Under this Act the Mineral Concession Rules
1960 and the Mineral Conservation and Development Rules 1958 (MCDR) were issued.
As environmental protection became increasingly important the MMRD Act was
drastically amended in 1987 to incorporate some important provisions relating
to protection of environment.
The relevant provisions of the Act are as below:
1. In the interest of preservation of natural environment mining leases or
prospecting licences may be prematurely terminated.
2. Mining leases can not be granted unless the mining plan (integrated with
an environmental management plan) is approved.
3. The Central Government is duty bound to take necessary steps for protection
of environment by preventing or controlling any pollution caused by prospecting
or mining operations.
4. The Central Government is empowered to make rules for, among other things,
the following: -
a) tailing disposal; and,
b) control of pollution due to mining.
The amendments made in the MMRD Act were followed by significant modifications
of the Mineral Concession Rules (MCR) in 1988. The revised MCR now requires
that 'mining plans' to be submitted to IBM for approval must incorporate a
plan of the area showing the water courses, limits of reserved and other forest
areas, density of trees, etc. The mining plan should also contain an assessment
of impact of mining activity on environment including land, air, water, and
forest. Details of afforestation scheme, land reclamation, pollution control
measures must also be submitted.
It may therefore be noted that although EIA of development projects became
statutory requirement only in 1994, as far as the mining projects of non-fuel
and non-atomic minerals are concerned environmental management planning has
become a legal requirement since 1988. Only a mining plan integrated with
environmental management plan can be entertained for the purpose of granting
approval.
Another step forward was repealing of MCDR 1958 and promulgation of MCDR 1988.
The fifth chapter of MCDR 1988 comprises eleven rules. Provisions of all these
rules are intended for environmental protections. Such provisions include:
-
1. Storage of top soil, overburden, waste rock etc.,
2. Precautions against ground vibrations, air and noise pollution;
3. Land reclamation and afforestation; and,
4. Effluent discharge limits.
4.1.3.1 National Mineral Policy 1990
National Mineral Policy 1990 was the first comprehensive national policy for
the mineral sector. Formulated in August 1990, this policy conferred on the
state the exclusive or predominant responsibility for development of mining
and processing of specified minerals of basic and strategic importance (Choudhury
1996, Sen 1995, Jhingran 1997).
4.1.3.2 National Mineral policy 1993
In order to cope with the rapid globalisation of world trade, a policy of
economic reforms was introduced in 1991. Accordingly a new-look 'Statement
of Industrial Policy' (SIP) was issued in July 1991. The new Industrial policy
has been oriented towards market liberalisation. The National Mineral Policy
1993 can be viewed as an exercise to keep the mineral sector tuned to the
restructuring measures adopted in the trade and fiscal sectors.
The new Mineral Policy declared in March 1993, has made a radical departure
from the earlier policies by throwing open the mineral sector to private companies
and by allowing equity participation by foreign companies in joint venture
in mining promoted by Indian Companies. The National Mineral Policy 1993 however,
covers only the non-fuel and non-atomic minerals. Areas covered by the policy
include, inter-alia; - protection of forests, environment and ecology, recycling
of metallic scrap and mineral wastes. One of the stated objectives of the
policy is to minimise adverse effects of mineral development on the forest
environment and ecology through appropriate protective measures. The policy
addresses sustainability criterion, - particularly the inter-generational
equity aspect, by stating that one of its main objectives is 'to develop mineral
resources taking into account the national and strategic considerations and
to ensure their adequate supply and best use, keeping in view the present
needs and future requirements'.
In order to translate the policy into action, the MMRD Act was amended in
1994 through a Presidential Ordinance, which has latter been ratified by both
the houses of Indian Parliament. As has been noted earlier the amendments
to MMRD Act 1959 made in 1987 included provisions for environmental protection
and the amendments of 1994 were mostly to liberalise mineral resource development
in India.
The Environment (Protection) Act 1986, the Forest (Conservation) Act 1980,
the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention
and Control of Pollution) Act 1981, the Wildlife (Protection) Act 1972 and
the Mines and Minerals (Development and Regulations) Act 1957 (as amended
up to 1999) cover all aspects of environmental management in mining areas.
Rules framed and Notifications issued under these Acts provide the procedural
framework of activities required for environmental preservation and pollution
control.
From the above discussions it can be inferred that at least at the policy
level, environmental management in general and EIA in particular have received
necessary attention.