FAC to decide if coal mines can start mining before obtaining forest clearance

Two other policy issues that were discussed at the committee’s meeting are: if a zoo can be considered a “forestry activity” and the definition of “permanent structures” under eco-tourism facilities which will attract provisions of the forest conservation act

The Environment Ministry’s Forest Advisory Committee (FAC) is dealing with three contentious policy issues which could have far reaching impacts on forest management. One of them is whether coal mines involving both forest and non-forest land can start mining in the latter before obtaining a forest clearance.

Open cast coal mines at Jharia in Dhanbad. Image for representational purpose only. (File photo)

Two other policy issues that were discussed at the September 21 meeting are: if a zoo can be considered a “forestry activity” and the definition of “permanent structures” under eco-tourism facilities which will attract provisions of the forest conservation act.

The FAC hasn’t taken a decision on these policy issues yet. “FAC considered the policy issues and decided that Forest Conservation division of the ministry of environment, forest and climate change (MoEFCC) may have some more deliberation on the issues involving concerned divisions of the ministry, after which same may be placed before FAC with appropriate recommendation for analysis and decision,” the minutes of the meeting state.

“We don’t know what will be the impact of starting mining in non-forest land on the adjoining forest land. Personally, I think taking a general or blanket decision on all such coal mines is not recommended. It should be decided on a case by case basis depending on how much forest area is involved,” said a senior environment ministry official on condition of anonymity. He added that no decisions had been taken yet on whether a zoo can be considered a forestry activity and definition of permanent structures in forests. No permanent structures are allowed to be raised in forest areas under the forest conservation act.

The process of auctioning 38 coal blocks is underway, out of which many mines involve large tracts of forest areas. Prime Minister Narendra Modi had launched the auction of 41 mines for commercial mining on June 18. He had said the market for coal is open now and that the auction will help turn the Covid-19 crisis into an opportunity.

But the list of 41 mines had suggested several of them are located in biodiversity rich forest areas in central India, including a few in one of the largest contiguous stretches of dense forests called Hasdeo Arand spanning 170,000 ha. Following opposition from Chhattisgarh government, the ministry of mines had agreed in August that it will exclude five mines in Hasdeo Arand region from the auction.

The description of mines up for auction on MSTC website shows several do not have required forest clearance and are in the midst of protected forests. There are several coal blocks in biodiversity rich forest land in Jharkhand and Chhattisgarh that are still up for auction. For example, Chakla block has 55% forest cover and acts as drainage for major rivers like Damodar and Bakri. Jharkhand’s Choritand Tilaya also has forests in 50% of the area; Seregarha block is 40% forest. Madhya Pradesh’s Gotitoria East coal block is 80% forest and acts as drainage for Sitarewa river.

“Any change in the procedure for forest clearances, including that of prior approvals will require a legal amendment through the Parliament. The FAC is only an advisory body. However, the bigger concern this throws up is that such a possibility is even being considered. Initiating mining operations without ascertaining impacts, viability and ensuring recognition of existing rights is not just legally flawed but does not have social or environmental legitimacy,” said Kanchi Kohli, legal researcher, Centre for Policy Research.