Ore extraction capped at 20 million tonnes per annum
No mining within one km of wildlife sanctuaries, protected areas
TEAM HERALD
NEW DELHI: The Supreme Court on Monday lifted the ban on iron ore mining in Goa ~ slapped on October 5, 2012 on Goa Foundation’s PIL ~ citing Justice MB Shah Commission’s report of rampant illegalities.
The mining operations, however, may resume only in the next season in September. Despite lifting of the ban, mining cannot start immediately as the court has declared all deemed mining leases after 2007 as illegal and mining firms will have to wait for the State government to formulate a policy for grant of fresh licences to apply for new leases and then get them cleared by the Ministry of Mines and Ministry of Environment and Forests.
The three-judge Green Bench, headed by Justice AK Patnaik, left it up to the Goa Government to decide as a matter of policy on what manner the mining leases of iron ore and other ores will be granted in future, subject to in accordance with MMDR Act and the Rules and in consonance with the constitutional provisions.
It capped maximum annual extraction of ore to 20 million tonnes from the mining leases, other than dumps, pending the final report of the Expert Committee it has constituted. The Expert Committee was directed to submit its final report on capping within 12 months as also a report within six months on how to deal with the mining dumps in the State. (Related reports on Pg 3)
The Court also quashed all deemed mining leases that had already expired on November 22, 2007 as illegal, upholding the orders issued by the State Government and the Ministry of Environment and Forests (MoEF) in September 2012 withdrawing permission to them.
The State government was empowered to initiate action against the mining lessees violating Rules 37 and 38 of the MC Rules and strictly enforce the Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules, 2013.
The mining lessees of iron ore in future will have to pay 10 per cent of the sale price of the iron ore sold by them to the Goan Iron Ore Permanent Fund to be set up by the Goa Government and got cleared from the Court.
The judgment also spells out how to distribute the money earned by the State government in the e-auction allowed in November to dispose off the ore while directing it to keep the proceeds in a fixed bank account.
Goa’s mine owners will not get the money for their ore that was allowed to be sold by the Supreme Court through the e-auctions. They will get just the mining cost and that too not actual.
The judgment says “As we have held that renewal of all the deemed mining leases in the State of Goa had expired on 22.11.2007, the mining lessees will not be entitled to the sale value of the ores sold in e-auction but they will be entitled to the approximate cost (not actual cost) of the extraction of the ores.”
The proceeds will be used to pay off 50 per cent of wages and DA to the workers on the muster rolls who have not been paid during the period of suspension of mining operations and 50 per cent of the claims of the Mormugao Port Trust (MPT) as storage charges for the mineral ores after October 5, 2012.
Out of the balance, 10 per cent will go towards the permanent fund and the remaining amount will go to the State government as the owner of the ores.
The Bench, which also included Justices Surinder Singh Nijjar and Fakkir Mohamed Ibrahim Kalifulla, also directed the Goa Government to frame and submit to the court within six months a comprehensive scheme, in consultation with the Central Empowered Committee (CEC), on sustainable development and intergenerational equity as also the Goan Iron Ore Permanent Fund.
While holding that no mining activities will be allowed within one km from the boundaries of national park and wildlife sanctuaries, the Court made it clear that there is no prohibition on mining activities within 10 km distance from the national parks and sanctuaries. The MoEF was directed to notify within six months the eco-sensitive zones around the national parks and wildlife sanctuaries.
The Goa Pollution Control Board was directed to strictly monitor the air and water pollution in the mining areas and furnish all relevant data to the Expert Committee.
Even while allowing the Goa Foundation writ petition, the Court did not withdraw its hands from Goa’s mining as it set various deadlines for the State government, Expert Committee and Monitoring Committee for various reports, saying these matters will be listed as and when received.
The State Government has to give its report within six months on the fund to be created for tackling the ecological damage from the mining activities while the Monitoring Committee has to submit within six months the report on utilisation and appropriation of the sale proceeds of the e-auction. The Expert Committee has to give two reports, one on dealing dumps within six months and another on the final cap on the annual excavation of the iron ore.
The Apex Court had banned all iron ore mining activities in Goa in October 2012 on a petition by Goa Foundation that cited rampant illegal mining by a judicial commission headed by retired Supreme Court judge MB Shah appointed by the Centre to probe illegal mining in various States.
What the SC judgement says…
All deemed mining leases after 2007 illegal
Expert committee to submit final capping report within 12 months
Expert panel report on how to deal with mining dumps within 6 months
Goa govt empowered to initiate action against mining lessees violating rules
Mining lessees of iron ore in future to pay 10% to GIOP Fund
Judgment spells out how to distribute money earned by e-auction
MoEF to notify eco-sensitive zones around national parks, wildlife sanctuaries
GPCB directed to monitor air, water pollution; furnish data to Expert Committee
Goa govt to frame, submit scheme on sustainable development and intergenerational equity
