The absence of a structured policy becomes evident when there is insufficient oversight of mining activities, causing severe environmental damage.
Published Aug 27, 2024 | 9:00 AM ⚊ Updated Aug 27, 2024 | 9:00 AM
A granite quarry located at Muthalamada, a highly vulnerable area of Western Ghats. (KA Shaji/South First)
It is 14 years since the Union Ministry of Mines issued a directive to all state governments to draft a comprehensive State Mineral Policy in 2010.
The aim was to facilitate the exploration and use of mineral resources scientifically and sustainably. Kerala, however, has still to formulate such a policy, and some state officials believe that existing laws already provide for a comprehensive mineral policy.
The absence of a structured policy, however, becomes evident when there is insufficient oversight of mining activities, causing severe environmental damage. The Wayanad landslide disaster of 30 July is a stark reminder of the need for a sound regulatory framework.
Though there is as yet no scientific consensus that unregulated mining and quarrying around Punchirimattam, the epicentre of the landslide, resulted in the disaster, discussion of the issue is once again heated, as there is greater recognition of the adverse potential impact of quarrying on the state’s fragile environment.
The Compliance Audit Report of the Comptroller and Auditor General (CAG), tabled in the Kerala Assembly in July, underlined the absence of a mineral policy in the state.
In 2010, the Union government had advised states to frame the State Mineral Policy based on the Model Mineral Policy 2010 drafted by the Centre. Kerala has overlooked this advice.
The CAG Compliance Audit report states: “The State did not have a policy on issues related to mining operations such as exploration and auction of minerals, rehabilitation of affected persons/areas and a proper plan of sustainable mining, identification of potential revenue, restoration of mines, utilization of technology in detecting encroachments/ illegal mining etc. This prevented the State from effectively estimating mineral resources through prospecting and exploration, auctioning of minerals and planning for prudent utilization of minerals, thereby depriving the State of potential revenue.”
A well-crafted mineral policy would aid Kerala in harnessing its mineral wealth sustainably. Such a policy would provide for scientific exploration, fair auctioning, and proper regulation of mining activities. It would ensure that the state’s mineral resources are used to benefit its citizens and contribute to its economic development without causing irreparable damage to the environment.
Environment activist V K Madhusoodanan told South First, “Considering the push for sustainable development against the backdrop of recurring national disasters, a mineral policy serves as a roadmap for the responsible and equitable management of mineral resources, balancing economic benefits with environmental and social considerations.”
Madhusoodanan said the state faces the need to balance the demands of development and sustainability, and a policy would ensure that development aligns with social and environmental goals.
“Kerala is witnessing a slew of developmental activities. To complete massive projects like the construction of roads, we need raw materials including quarry materials. But that doesn’t mean these materials should be made available without a consideration for the impact of mining,” Madhusoodanan said.
A spokesperson for the Department of Mining and Geology (DMG), functioning under the Department of Industries and Commerce of the state government, which oversees mineral exploration and mineral administration in the state, said existing acts and rules are adequate to address the challenges raised by the CAG.
In Kerala, mineral administration is carried out under the following rules:
– Kerala Minor Mineral Concession Rules 2015
– Kerala District Mineral Foundation Rules 2018
– Kerala Minor Mineral Concession (Amendment) Rules 2023
– Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) (Amendment) Rules 2023
Besides these state rules, there are Central Acts:
– The Mineral Concession Rules, 1960
– The Mineral Conservation and Development Rules, 1988
– The Mines and Minerals (Development and Regulation) Act, 1957
– The Granite Conservation and Development Rules, 1999
“Considering the exhaustive list, an exclusive mineral policy is just a formality. The existing acts and regulations are more than enough to ensure there are no gaps in the way mining is being carried out in the state. But considering the existence of a National Mineral Policy 2019 and subsequent directions to states to frame their own policy, we have reached out to the state government for chalking one out,” said an official of the DMG.
Besides the lack of an explicitly defined state policy, there are other issues to be considered: Auctioning of mineral licences and leases lacks the transparency and fairness required under the Mines and Minerals (Development and Regulation) Act or MMDR Act 1957.
The CAG has stated that Kerala has not framed any rule for auction of mineral licences/leases as required by MMDR Act. It did not auction mineral blocks through competitive bidding. Licences were issued on ‘first come, first serve’ basis, which lacks transparency and fairness, and does not ensure that all eligible persons get a fair opportunity.
The CAG report notes: “Deficiencies were, however, observed in rules/guidelines and its enforcement which led to illegal mining, over-exploitation of mineral resources, and loss of revenue. Further, the impact of illegal mining on environmental degradation was not assessed by the Government/Department of Mining and Geology for remedial action.”
State officials, however, counter that the Kerala Online Mining Permit Awarding Services (KOMPAS), an e-Governance initiative, exists for efficiency and transparency in mineral administration.
A mining engineer attached to a company that carries out mining and quarrying in the state said the existing rules and regulations leave loopholes that aid in over-quarrying. “It starts with the Form-P, an application form for obtaining a quarry lease. The DMG also does not conduct surprise checks and investigations to ensure that all stipulations are followed. The absence of adequate mining engineers in the department is another problem; the department has more geologists than mining engineers. While geologists are vital, since their responsibilities encompass a range of tasks, from exploration and planning to ensuring safety and environmental compliance, there is need for adequate number of mining engineers within the government system to oversee all mining sites,” the engineer told South First.
According to DMG, minor minerals constituted 97.37 percent of the total mineral reserves in the state.
According to section 3(e) of the MMDR 1957, “minor minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral.
Mining activity in the state was mainly confined to the extraction of Granite Building Stone (GBS) which constituted 98.75 per cent of the total minor mineral reserves in the state.
Currently, the state has 616 quarries and 711 crushers.
The process of granting or rejection of quarrying permit/lease in Kerala at present is as follows:
– Submission of application for quarrying permit/lease with required documents;
– Mining plan
– Environmental Clearance (from Ministry of Environment, Forest and Climate Change/State Level Impact Assessment Authority, wherever applicable);
– No Objection Certificate (NoC) from revenue authorities if the quarrying area is poramboke land/revenue land
– NoC from the Forest Department if the quarrying land is forest land;
– NoC from statutory authorities (Pollution Control Board),
– Issue of Letter of Intent for permit/lease, and
– Site inspection and inquiry by geologist
Thereafter, the application is disposed of by granting a mining permit/lease and if rejected, an opportunity to be heard is provided to the applicant.
(Edited by Rosamma Thomas)
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