Question : Mining in Non-Forest Areas

(a) whether the Forest Advisory Committee has proposed to approve mining in non-forest areas;
(b) if so, the details thereof;
(c) whether any proposal is under consideration of the Government to provide relief and rehabilitation to the affected people and conservation programme for the affected fauna and flora after mining; and
(d) if so, the details thereof and if not, the reasons therefor?

Answer given by the minister

MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
(SHRI ASHWINI KUMAR CHOUBEY)

(a)& (b) Yes sir, on the recommendation of the Forest Advisory Committee, the Ministry has issued detailed guidelines on 10.12.2021 which are available in public domain on the websitewww.parivesh.nic.in.

(c) & (d) As per Rule 22 (1) of the Mineral Conservation and Development Rules
(MCDR), 2017 every mine shall have mine closure plans, which shall be of two types; namely:–

(i) A progressive mine closure plan: Progressive mine closure plan means a progressive plan for the purpose of providing protective, reclamation and rehabilitation measures in amine or part thereof.
(ii) A final mine closure plan: Final mine closure plan means a plan for the purpose ofdecommissioning, reclamation and rehabilitation of a mine or part thereof after cessation of mining and mineral processing operations.

As per Rule 26(1) of MCDR 2017 the holder of a mining lease shall have the responsibilityto ensure that the protective measures including reclamation and rehabilitation works havebeen carried out in accordance with the approved mine closure plan or with suchmodifications as approved by the competent authority.

Further, Rule 44 of MCDR 2017 provides that every holder of prospecting licence,prospecting license cum mining lease or a mining lease shall carry out prospecting ormining operations, as the case may be, in accordance with applicable laws and in such amanner so as to cause least damage to the flora of the area held under prospecting licence,prospecting license cum mining lease or mining lease and the nearby areas.

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