New mining rules

There is urgency about protecting environment and ecology from reckless mining and degrading river beds while extracting sand and gravel from it without any restriction. Mining and extracting minerals from the mines is an old practice. However, previously less attention was paid to the protection of environment from adverse impact of mining. But now with more awareness about the need to maintain clean and pure environment, the issue of mining has come up for serious consideration. The problem of environmental degradation and reckless extraction of sand and gravel from the bed of water bodies came to the notice of the Government when local people protested against the open mining that caused serious health hazards for the people. After the floods of 2014, it was found that reckless sand extraction had done damage to the environment.
In 2012, the Supreme Court, while hearing a petition filed by an aggrieved party against the State of Haryana, issued directions to all the States including Jammu and Kashmir to frame proper rules in accordance with the recommendations made by the Union Ministry of Environment and Forests (MoEF) under Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 so as to check adverse impact of uncontrolled mining/quarrying of minerals on riverbeds and groundwater. Actually, the recommendations of the MoEF were made in the year 2010. The Ministry of Mines had issued guidelines before the State issued auction notices.  Despite being aware of the fact that effective framework of mining plan was imperative in order to take care of all environmental issues, the State Government did not frame the rules as was desired by the Apex court. The miners went with extraction of mines and those who had the contracts of extracting sand and gravel from the bed of water bodies went on with their activities without hindrance just because the State had failed to frame the rules after directions were communicated by the Apex Court. Why did not the State Government authorities and the departments of environment take notice of it and allowed the loot and wanton destruction of water bed for four long years? This is what the State Government shall have to explain.
Now after the matter was brought to the notice of the Governor, Government has come up with Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 which will be made applicable in the State from April 1, 2016, after extending existing rules up to March 31, 2016. The main highlights of the new rules are to ensure mining of minor minerals and quarrying doesn’t leave any further adverse impact on the environment. Observing these rules means several agencies of the Union Government would play key role in granting permission for mining of minor minerals besides various organs of the J&K Government. No minor mineral permission will be granted in respect of any land within a distance of 150 meters from the outer periphery of the defined limits of a National Highway, Railway Line, State Highway, major district roads; 50 meters upstream as well as downstream of water works, head works or hydraulic works and 25 meter from any embankment or flood embankment as defined under the J&K Water Resources (Regulation and Management) Act, 2010. Moreover, no mining activity/operation shall be carried out in any river bed below the depth of 3 meters or the water level, whichever is lesser, and the water level of the river bed shall be determined by the Chief Engineer, Irrigation and Flood Control Department. Consent of Irrigation and Flood Control Department has been made mandatory.
It is a comprehensive set of rules. A careful study of the rules shows that the Governor has tried to bring all aspects of Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016 under consideration that lead to preservation of environment and ecology of mines, river beds and other places of operation from wanton destruction. We have a number of times taken up the issue of reckless mining and querying with devastating effect on the health of the local people. Now that we have new laws, these must be implemented in letter and in spirit if we want to protect the environment and ecological balance in the State. We are aware that some political figures and bureaucratic functionaries have established illegal alliance with the contractors who are favoured with allotment of quires and mining permission. Owing to corruption, miners take leverage and inflict ecological damage. We trust that anybody trying to violate the rules framed now after a lapse of four years will be implemented in letter and in spirit.

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