EC under EIA notification 1994 invalid: MoEF

Mining lease holders need to reapply; MoEF notification divides mining leases into two categories

Team Herald
PANJIM: Union Ministry for Environment and Forest (MoEF) has notified that the Environment Clearance (ECs) granted under EIA notification 1994 to iron ore mines are invalid now and that lease holders will have to apply for fresh ECs within six months. 
In Goa, 35 operational mines had been granted EC under the notification, until the Supreme Court quashed and set aside the renewal of these mines in February this year. 
The Apex Court judgment quashed second renewals granted to 88 mining leases while directing the Goa government to initiate the process for fresh grant of leases and also asked MoEF to grant fresh ECs to valid lease holders. The Court also reiterated that the validity of the environmental clearance for mining projects granted under the EIA Notification, 1994 shall be five years. 
Of the 88 leases in Goa, 72 were granted ECs by MoEF, of which 35 were under EIA notification 1994 and 37 under EIA notification 2006. 
As such, the MoEF notification issued on April 6 has divided the mining leases into two categories under EIA Notification, 1994. 
The first category consists of mining projects, which were granted EC under the EIA Notification, 1994, and also granted EC for expansion/modernisation/amendment under the EIA Notification, 2006; and the second category of mining projects granted EC under the EIA Notification, 1994, but not obtained EC for expansion/modernisation/amendment under the EIA Notification, 2006. 
“The projects mentioned in category one, do not suffer from the infirmity of expansion vis-à-vis the base production as these projects were already appraised and granted EC under the EIA Notification, 2006,” the notification stated.
“And whereas, all mining projects mentioned in category two required to obtain EC under the EIA Notification, 2006, in pursuance of the aforesaid judgments of the Supreme Court,” MoEF said. 
The project proponent in all cases involving validity of the EC and expansion of mining projects vis-à-vis the base production, are now directed to apply within six months for grant of EC under provisions of EIA Notification, 2006. 
The applications will be considered by the Expert Appraisal Committee or the State Level Expert Appraisal Committee on due diligence necessary including preparation of Environmental Impact Assessment (EIA) report and public consultation and the application shall be appraised accordingly.

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