Without even going into the despicable manner in which the Department of Mines signed lease renewals after it was aware of the contents of the mining ordinance, between January 5 and 12, the ordinance itself nullifies and crushes the very spirit of the Supreme Court order, whose guiding principle was that mining companies and operators which have committed grave irregularities, should be removed from the mining ecosystem.
The state government has further helped such companies including one which is under the scanner in the investigations into black money stashed in Swiss and other banks, and another which is being investigated for FERA violations and under invoicing of exports made to own or partner firms in Hong Kong and Singapore. The leases of both these companies were renewed in the mad race to complete as many lease renewals as possible because the ones that will get left out will get to operate only till 2020. At the rate at which the Goa government has renewed leases, (now they have officially stopped informing which ones they have renewed), there will be very few who will have to shut shop in 2020 and have a clear run till 2027. Doesn’t that defeat the very purpose of cleaning up the stables, which was sought to be the culmination of the Shah Commission investigations and the Supreme Court monitored investigation thereafter? What the Ordinance does, without quite saying so, is that it says “to hell with the Courts, mining must resume, by hook or ….” (Herald doesn’t need to complete that sentence, the people of Goa will).
This Ordinance has extended the life of all the leases which were not declared as terminated / lapsed / surrendered, till 2020 for merchant miners and until 2030 for Captive Mines. It has also removed what is called by the sector as “technical illegality”, as per SC order for operations in the period 2007-2012 while leases were awaiting their second renewal.
What is now awaited is the Ministry of Environment and Forests, revocation of its September 14, 2012 order, suspending all Environment Clearances. But here again, the purpose behind suspending the EC’s gets nullified. They were suspended on account of suspected large scale irregularities and violations including the manner in which EC’s were granted. Revoking them, would be tantamount to saying that it is overlooking all violations, or suspending scrutiny till later. Even if we discount that, bringing all EC’s to life would allow mining without a cap. Is that what the government proposes to do too?
Meanwhile restarting mining in a jiffy is a bit of a pipe dream. The state government will have to remove the ban on transportation of Iron Ore, and set up the monitoring and regulatory mechanism to work within the cap suggested by the Supreme Court based upon the earlier judgment and any subsequent orders based on the Monitoring Committee report. So can the suspended EC’s be revoked, while this process is on?
It will also have to set up the special courts as per Ordinance and ensure speedy trial of the cases of illegal mining. How long will that process stake? And can mining resume without these being set up.
Meanwhile the Goa State Pollution Control Board will have to revalidate the Consents to Operate under Air, Water & Hazardous Waste Act, so units can operate. Also new mining plans will have to be prepared and submitted to IBM for approval, mainly since plans have been prepared without the new reality of dumping outside lease area not being permitted. Importantly that state Forest department will also have to clear the operations of Mines taking into account the Buffer Zone Policy.
As these scenarios get played out, the biggest let down of this mining ordinance is that the black apples that remained it the basket and took down the entire industry have been put back into the basket and infused with new life to further pollute the sector. And no argument which says that this is only for a short term till investigations are complete, can justify what the Modi government has done- bring the crooks who looted the exchequer in the name of mining, back in business.
