TEAM HERALD
PANJIM: The Centre in a notification released recently on Environment Clearances has ‘clarified’ on its earlier notification saying that when it said “for a period of five years,” it meant “for a period of five years for commencement of the construction or operation (mining) and not five years from commencement of the construction or operation,” giving an indication of the pressure being faced by the nation on balance of payments.
An earlier notification dated 4th May, 1994 says: “the clearance granted shall be valid for a period of five years from commencement of the construction or operation”.
However, the government backtracking on that says “…the intent of the Central Government has been and has always been that the validity of the Environmental Clearance is five years “for” commencement of the construction or operation and not that the environment clearance is only for five years “from” the commencement of construction or operation.
The Environment Clearances of many mines had been challenged on the grounds that they had lapsed by this notification and the High Court of Bombay, at Goa in its order dated the August 12, 2011 in a Writ Petition in the matter of Shankar Raghunath Jog and Ors. vs. Talaulicar and Sons Pvt. Ltd. and Ors. had held that the validity of the Environmental Clearance granted by the Ministry of Environment and Forests is for a period of five years from the date of the commencement of the operation of the mining projects or expansion of the project.
Now the Centre (Ministry of Environment and Forests) has filed a Special Leave Petition in the matter of Union of India vs. Shankar Raghunath Jog and Anr. against the order dated August 12, 2011; as well as issue “a clarificatory notification with respect to clause (c) of sub-paragraph (III) of paragraph (2) of notification number S.O.356(E), dated 4th May, 1994.”
The notification says that the Central Government has decided to issue a clarification in order to remove the anomalous situation emerging out of the interpretation by the High Court of Bombay… and consequential repercussions on the validity of environment clearance issued to several thousand ongoing projects under notification number S.O. 356(E), dated 4th May, 1994.
The original notification, quoted in this notification says: “And whereas the prior Environmental Clearance granted for a project or activity shall be valid for a period of ten years in the case of River Valley projects, project life as estimated by Expert Appraisal Committee or State Level Expert Appraisal Committee subject to a maximum of 30 years for mining projects and five years in the case of all other projects and activities and as such conveying the intent of the Central Government all through that the validity of the environment clearance was “for” construction or operation and not “from” commencement of the construction or operation.”
The notification is made “in exercise of the powers conferred under sub-section (1) and clause (xiv) of sub-section (2) of Section 3 of the Environment (Protection) Act, 1986, read with sub-rule (4) of Rule 5 of the Environment (Protection) Rules, 1986.”
Mining to start in 2-3 months: CM
PANJIM: The Chief Minister, Manohar Parrikar Thursday said that he expects mining activities to start within the next 2 to 3 months, albeit in a limited way, stating, “I hope…be positive.”
“We expect mining to start, not with a bang, but to start. Deliveries (at least) will start within 2 to 3 months. The Supreme Court has agreed with our difficulties and consented to hear it (the case) on a day to day basis,” he said talking to media after a meeting with bankers.
Mining including transportation and exports has been banned by the apex court.
Parrikar, who is also the mines minister said that the government would not allow any new machinery when there is a relaxation in the ban “till this issue is sorted out.”
“So any ore can be transported only by using existing machinery, trucks, barges,” he said.
The government has just notified the Dump policy and has been pushing for clearing of dumps ~ even arguing that dumps that have been here for decades and which on there are trees growing are an environmental hazard.
