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Green nod for Karnataka illegal mines to be transferred to new lessees
The Forest Advisory Committee has allowed forest clearance of category ‘C’ mines to be transferred to new lessees following auctions
New Delhi: The Forest Advisory Committee (FAC), a statutory body under the union environment ministry that signs off on the use of forest land for projects, has allowed forest clearance of category ‘C’ mines to be transferred to new lessees following auctions, reversing a position taken by its parent ministry as recently as September last year.
Category ‘C’ mines are those that were found to be flouting environmental norms on a large scale in Karnataka’s Bellary, Chitradurga and Tumkur districts in the 2000s following which the Supreme Court ordered the cancellation of 51 mining leases in 2013. In a 2015 order, the apex court allowed reallotment of these mines by auctioning them. The Karnataka government in a letter dated August 30 this year requested the union environment ministry to consider transfer of forest clearance in favour of successful bidders. And FAC responded positively to this request. “The Advisory Committee, after deliberations and discussion with the Regional Officers and official of the Forest Conservation Division, observed that enabling provisions have been provided in the guidelines dated 1.04.2015 read with guidelines dated 7.07.2021 to consider the transfer of approvals granted to Category ‘C’ mining leases in accordance with the directions contained in the Hon’ble Supreme Court order dated 30.07.2015. The Committee accordingly recommended that approvals granted in the past to Category ‘C’ mines may be considered analogous to renewal of approval granted under the FC Act, 1980,” the FAC decided in its September 11 meeting, minutes state.
In a letter to state government dated September 13, 2022, the union environment ministry said its transfer of clearance guidelines dated July 7, 2021, are not applicable in the case of leases which have lapsed or terminated or been cancelled by the Centre, state or by any court of law. “Therefore, Category C mines in Karnataka shall have to apply afresh and transfer in this case shall not be tenable,” that letter stated.
The September 11 decision means ex-post facto approval (after new lease is granted) will also be granted by the environment ministry for extending the validity of approval granted under the Forest (Conservation) Act, 1980 to make it co-terminus with the validity of new lease granted. “This will not affect the environment. The forest clearance has been allowed to be transferred against certain conditions. There are safety guidelines and there are rehabilitation and resettlement plans. We have been pursuing this matter with the union environment ministry for years now. Applying and processing fresh forest clearances takes a very long time, sometimes four to five years,” said BK Bhatia, additional secretary general, Federation of Indian Mineral Industries (FIMI).
The push to shorten timelines may mean overlooking previous violations, an expert said.
“While there is a reason why state governments are seeking clarification and a seamless transfer of approvals to new mine operators, an emphasis on efficiency can appear to be a missed opportunity to address legal issues related to prior mining operations. These legacy concerns may have arisen at the time of approvals or during operations. Socio-ecological aspects or forest clearances are essential to reconcile at various stages prior to approvals being granted and during monitoring of safeguards,” said Kanchi Kohli, a legal and policy researcher.
