EDITORIAL ANALYSIS :Tapping technology to check minor mineral plunder

 Source: The Hindu

  • Prelims: Minor minerals, drones, EIA etc
  • Mains GS Paper II: Digital India, Important aspects of technology in mineral exploration, Application of drones.,

ARTICLE HIGHLIGHTS

  • With the increase in the pace of development, the demand for minor minerals such as sand and gravel has crossed 60 million metric tons in India.
  • This also makes it the second largest extractive industry on the planet, after water.
  • Laws and monitoring have been made stringent for the mining of major minerals consequent to the unearthing of several related scams across the country, the fact is that rampant and illegal mining of minor minerals continues unabated.
  • The United Nations Environment Programme, in 2019, ranked India and China as the top two countries where illegal sand mining has led to sweeping environmental degradation.

 

INSIGHTS ON THE ISSUE

Context

Minor minerals:

  • Minor minerals are those which are prescribed by Mines and Minerals (Development and Regulation) Act, 1957 (section 3(e)) as being categorized as ‘minor minerals’.
  • Any mineral which by the notification of the Central Government may declare to be a minor mineral.
  • The State Government may, by notification in the Official Gazette, make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith.
  • In addition to those specified under MMDR Act, here are few minerals that the Central Government has declared as minor minerals:
    • boulder, shingle, chalcedony pebbles, lime shell, kankar and limestone, brick-earth, fuller’s earth, bentonite, road metal, slate, marble, stone used for making household utensils, quartzite and sandstone, saltpeter and ordinary earth.

 

Issue with the regulation of minor minerals:

  • Regulatory and administrative powers to states: Unlike major minerals, the regulatory and administrative powers to frame rules, prescribe rates of royalty, mineral concessions, enforcement, etc. are entrusted exclusively to the State governments.
  • EIA notification and environmental clearance: The Environment Impact Assessment (EIA) Notifications of 1994 and 2006 made environmental clearance compulsory for mining in areas more than or equal to five hectares.
    • However, the Supreme Court of India directed all State governments to make the requisite changes in the regulatory framework of minor minerals, requiring environmental clearance for mining in areas less than five hectares.
    • EIA was amended in 2016 which made environmental clearance mandatory for mining in areas less than five hectares, including minor minerals.
  • Setting up of EIA authority and appraisal committee: The EIA amendment provided for the setting up of a District Environment Impact Assessment Authority (EIAA) and a District Expert Appraisal Committee (EAC).
    • State-wise review of EACs and EIAAs in key industrial States such as Gujarat, Uttar Pradesh, Karnataka and Tamil Nadu, shows that these authorities review over 50 project proposals in a day and the rejection rate at the State level has been a mere 1%.
    • This raises a pertinent question on whether introducing clearances alone can help eliminate irregularities in the illegal mining of minor minerals.
  • Underestimating the problem: The problem of illegal mining of minor minerals is often under-estimated, thus accentuating undesired environmental consequences.
  • Illegal mining: There have been numerous cases of the illegal mining of dolomite, marble and sand across States.
    • For example, in Andhra Pradesh’s Konanki limestone quarries alone, 28.92 lakh metric tonnes of limestone have been illegally quarried.

 

Impact Observed  by agencies:

  • No comprehensive assessment: There is no comprehensive assessment available to evaluate the scale of sand mining in India.
  • Impacting the soil and life: Nevertheless, regional studies such as those by the Center for Science and Environment of the Yamuna riverbed in Uttar Pradesh have observed that increasing demand for soil has severely affected soil formation and the soil holding ability of the land, leading to:
    • a loss in marine life,
    • an increase in flood frequency, droughts
    • degradation of water quality.
  • Impact on fish species: Such effects can also be seen in the beds of the Godavari, the Narmada and the Mahanadi basins.
    • As has been pointed out in a study of the Narmada basin, sand mining has reduced the population of Mahseer fish from 76% between 1963 and 2015.
  • Impact on government exchequer: Illegal mining causes copious losses to the state exchequer.
    • As per an estimate, P. is losing revenue from 70% of mining activities as only 30% area is legally mined.
    • Similarly, the absence of royalty has caused a loss of ₹700 crore in Bihar
    • while non-payment of various cesses due to unregulated mining has resulted in a loss of ₹100 crore to Karnataka and ₹600 crore to Madhya Pradesh in 2016-17.

 

Judicial orders and state response:

  • Neglecting judiciary orders: Judicial orders are often neglected by State governments.
  • Failed or partial complying by state with the orders: In the report of the Oversight Committee by the National Green Tribunal (NGT), Uttar Pradesh (where illegal sand mining has created a severe hazard) has either failed or only partially complied with orders issued regarding compensation for illegal sand mining.
    • Such lax compliance can be seen in States such as West Bengal, Bihar, and Madhya Pradesh too.
  • Malfunctioning of governance: A State-wide review of the reasons behind non-compliance suggests a malfunction of governance due to:
    • weak institutions
    • a scarcity of state resources to ensure enforcement
    • poorly drafted regulatory provisions
    • inadequate monitoring and evaluation mechanisms
    • excessive litigation that dampens state administrative capacity.

 

EIA Notification 2006:

●    Decentralization of Project Clearances: It classified the developmental projects in two categories:

○      Category A (national level appraisal): projects are appraised by Impact Assessment Agency (IAA) and the Expert Appraisal Committee (EAC).

○      Category B (state level appraisal): State Level Environment Impact Assessment Authority (SEIAA) and State Level Expert Appraisal Committee (SEAC) provide clearance to the Category B projects.

●    Introduction of Different Stages: The Amendment introduced four stages into EIA Cycle; Screening, Scoping, Public hearing and Appraisal.

●    Category A projects require mandatory environmental clearance and thus they do not have to undergo the screening process.

●    Category B projects undergo a screening process and are further classified into B1 (Mandatorily requiring EIA) and B2 (Not requiring EIA).

●    Projects with Mandatory Clearance: Projects such as mining, thermal power plants, river valley, infrastructure (road, highway, ports, harbors and airports) and industries including very small electroplating or foundry units are mandated to get environment clearance.

 

Way Forward

  • Investment in production and consumption measurement: Protecting minor minerals requires investment in production and consumption measurement and also monitoring and planning tools.
    • To this end, technology has to be used to provide a sustainable solution.
  • Monitoring by satellite imagery: Satellite imagery can be used to monitor the volume of extraction and also check the mining process.
    • Even for past infractions, the NGT and administrative authorities can obtain satellite pictures for the past 10 to 15 years and uncontrovertibly show how small hillocks of earth, gravel or small stone dunes have disappeared in an area.
    • Recently, the NGT directed some States to use satellite imagery to monitor the volume of sand extraction and transportation from the riverbeds.
    • Well-planned execution of these directions increased revenue from minor minerals mining in all these States.
  • Use of drones, IOT block chain technology: Additionally, drones, the internet of things (IoT) and blockchain technology can be leveraged to monitor mechanisms by using Global Positioning System, radar and Radio Frequency (RF) Locator.
    • State governments such as Gujarat and judicial directions such as the High Court of Madras have employed some of these technologies to check illegal sand mining.

 

QUESTION FOR PRACTICE

  1. India has grossly underestimated the issue of illegal mining, which damages the environment and causes revenue loss. Discuss

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