TEAM HERALD
teamherald@herald-goa.com
PANJIM: The Bellary model does not provide the design of an effective institutional framework for environmentally sound and regulated mining in the country and the model depends on committees of the court to oversee the management. Calling this “at best a short-term solution” Chandra Bhushan, Deputy Director General Centre for Science and Environment says that the Bellary case does not mean the end of illegal mining or a new dawn for sustainable mining in the country.
In a press communiqué released here, he says that the Bellary case and perhaps now the Goa case is setting a precedent for mining regulations in the country, alleging that the issue of illegal iron ore extraction and sales has been ignored by CEC in defining illegality.
“In 2012, the Supreme Court directed CEC to assess within three months the actual quantity of illegal iron ore that was sold, so that companies could be fined. But this has not happened. So mines have opened and many more will open soon, and all the talk of recovering ill-gotten funds may well be brushed under the carpet. Small wonder the mining barons are once again in power in Bellary,” he points out.
On the Mining Penal Code, CSE points out that the Supreme Court appointed Central Empowered Committee (CEC) of the Supreme Court has classified mining into three categories – A, B and C, taking encroachment as the basis of the nature of offence committed.
To judge the quantum of offence, CEC has taken the ratio of the lease area of each mine to respective encroachment. In Category A: No major encroachment outside the lease area. But this does not mean that this category is “clean” on other accounts, says CSE, pointing out that mine operations are allowed after the reclamation and rehabilitation (R&R) plan is started.
In Category B, encroachment up to 10 per cent of the mine lease area for mining pit and dumping of waste in area up to 15 per cent of the lease area. They have to complete R&R and pay some fines before resuming operations.
In Category C, encroachment more than 10 per cent of the lease area and dumping of waste in area, which is more than 15 per cent of the lease area and their leases will be cancelled and then auctioned for captive use.
“The bottom line, after all the rigmarole and more than two years of judicial scrutiny, is that all mines, big and small, big offenders or small offenders, will continue in some form or another, says Bhushan, adding that the problem with this manner of categorising penalties is threefold.
“One, that CEC has defined the “nature” of offence in a very limited manner, which does not take into account the environmental fallout or the cumulative impact of the mines in the region… There is nothing to suggest that these methods will add up to sustainable mining, even if a cap is put on the total mining that will be allowed,” he says, adding that this rulebook could well end up incentivising large mines to commit large offence.
“The simple fact is that the Bellary formula will work against small mines, as it is based on quantifying the extent of violation as a percentage of the mine lease area. This will end up “legalising” non-compliance of large mines,” Bhushan argues.
Allowing C category mines in the future once they are auctioned for captive use presumes illegal mining will thus remain in check. But the fact is captive mines discount natural resource, allow transfer pricing and promote poor mining practices, as is evident from cases across the country.
“There are four key departments that can be held most accountable for the extent of illegal mining in Bellary (and Goa). One, the forest department as it turned a blind eye to the takeover of its land. Two, the state mining department, which gave leases and clearances with total indifference.
“Three, Nagpur-based Indian Bureau of Mines, which gave permissions to increase mining from 20 MTPA to 80 MTPA without any care or scrutiny for impacts. And four, the Ministry of Environment and Forests (MoEF), which gave environmental and forest clearances to anyone and everyone without any assessment,” says CSE, adding that government officers who “connived”, “consented” or simply did nothing to stop the rot have not been held accountable.
“The worst part is that today these departments¡ªrepresented in the Supreme Court monitoring committee¡ªhave become all-powerful and are back in the business to decide the fate of Bellary without any institutional reform.”
