SHILLONG, FEB 22: Chief Minister Conrad K Sangma on Thursday said the state government cannot exempt traditional small-scale mining of sand, stones etc without any quarry permit or lease being granted.
“There being no provision for exemption for traditional mining of sand, stones etc either under the Meghalaya Minor Minerals Concession Rules (MMMCR), 2016 or under the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957, the state government could not exempt their operation without any quarry permit or lease being granted under the provisions of the aforesaid MMMCR, 2016,” Sangma told the Assembly.
He was replying to a motion moved by VPP legislator from Nongkrem Ardent M Basaiawmoit on the problems faced by the local small scale sand and stone miners in the state.
Sangma said, “Therefore, in view of the extant court rulings including those of the Supreme Court and the Meghalaya High Court in interpretation of the Constitution of India and prevailing statutes relating to mining and environmental clearance, the existing laws on the matter which are in force in our state perhaps no exemption could be made in favour of small scale mining of sand, stones and any other minor minerals from the operation of these statutes for the purpose of securing mining lease based on prior environment clearance.”
“However, all steps would be taken to expedite granting mining lease or quarry permit to applicants who approach the department for the same,” he assured while further stating that the departmental staff would also be instructed to assist such individuals in helping them fill the relevant applications, and explain them the procedure involved for applying for such permits.
He said because no exemption is provided under the provisions of Mines and Mineral (Development and Regulation) Act, 1957 for traditional small scale mining from the ambit of the Act therefore the MMMCR, 2016 also could not provide any exemption clause in respect of small scale mining of sand, stones and limestones in the traditional manner.
The lMMMCR necessitates preparation of mining plan, environmental clearance, pollution clearance under Air and Water Acts respectively, clearance by District Council authorities etc.
He said further judgment was issued by the Meghalaya High Court dated July 21, 2017 through a Division bench in Writ Appeal No 38 of 2017 in Foreign Trade Chamber of Commerce, Meghalaya & others Vrs State of Meghalaya alongwith Writ Appeal by War Jaintia, Limestone, Boulders, Stones Exporters and Miners Vrs State of Meghalaya – dismissing the prayer of the petitioners for transporting stone boulders and limestone without the state insisting on procurement of transport challan (Form-H) under Rule 26 of the MMMCR, 2016.
Further, the notification of Ministry of Environment, Forest & Climate Change, government of India through a further amendment of the Environment Impact Assessment Notification, 2006 (issued under the provisions of sub section 3 of section 3 of Environment Protection Act, 1986) vide notification dated January 15, 2016, has made it compulsory to secure environmental clearance for mining of minor minerals, which would include sand, stone, limestone of non-industrial use, etc in lease areas of any size.
The amended EIA Notification, 2016 prescribeds requirement of environmental clearance in respect of mining minor minerals for mining leases or quarry permits for areas below or equal to five ha too, which needs to be granted by the SEIAA.
Earlier only mining leases of area 5 Ha and above needed environmental clearance.
He said the judgment of the Supreme Court on July 3, 2019 held that the Mines and Minerals (Development and Regulation) Act, 1957 is fully applicable in the Sixth Schedule States including Meghalaya and any form of mining in Meghalaya and other VI Schedule State should be in conformity with the aforesaid MMDR Act, 1957.
Further, the CM said currently, to facilitate applying for sand mining, Rule 4 of MMMCR, 2016 has been amended by the state government vide notification dated July 4, 2022.
“The Rules as they stood prior to amendment had prohibited mining any form of minor mineral within a distance of 100 meters from any water body which had prevented sand mining applicants from applying for quarry permit for river sand. In view of the current amendment the applications for grant of mining lease or quarry permit for mining sand are entertainable and applicants could be helped with grant of quarry permit for mining river sand,” he added.
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