Cement, Energy & Environment

notification exempts such projects from obtaining no-objection certificates from village gram sabhas. In 2011, the ministry had issued a notification based on the Supreme Court order, mandating project developers to obtain forest clearances before applying for environmental clearances. This had rai sed concerns among several developers as the process increased a time period for receiving both the clearances. However, with the current ruling, developers can start construction with only the environment clearances . Conclusion The MoEF's notifications are a welcome step for all stakeholders and will drive infrastructure development in the country. Other key proposals under the government's consideration include delinking of forest and environmental clearances for coal mining projects to help CIL meet its fuel supply targets . Further, the government is reportedly looking to set up an additional appraisal committee in order to fast-track clearances for mining projects. Meanwhile, CIL is reportedl y seeking the PMO's intervention for obtaining state– level forest clearances , mainly in Odisha, Jharkhand and Chhattisgarh. These proposal, if accepted, would increase domestic coal production and help overcome fuel supply challenges. Courtesy: Power Line, Volume 17, No.9 May 2013 NO RIVER BED SAND MINING SANS ENVIRONMENTAL OKAY The National Green Tribunal on Monday ordered a stay on all sand mining activities in river beds that do not have requisite environmental clearance. The interim order came on a petition filed by the National Green Tribunal Bar Association in response to the suspension of lAS officer Durga Shakti Nagpal, who initiated a drive against illegal sand mining in Gautam Budh Nagar district of Uttar Pradesh. The petition raised the issue of "illegal and impermissible mining activity" in Uttar Pradesh, particularly on the banks of the Yamuna , Ganga, Chambal, Gomti and Revati. "Uttar Pradesh authorities have failed and/or have intentionally not taken appropriate legal action against the project proponents and thus have abetted and willfully connived in allowing such illegal sand mining to take place in complete violation of environmental and other applicable laws," the petitioners alleged. A bench headed by tribunal chairperson Swatanter Kumar decided to widen the scope of the petition to the entire country as it "raises substantial environmental issues and questions arising directly from the implementation of the Environment Protection Act, 1986 and other Act." The interim order by the green court doesn't go beyond the Supreme Court ruling of February 2013, but instead focuses on its implementation. "This removal of minerals from the river beds is causing serious threat to the flow of the rivers, forests upon river banks and most seriously to the environment of these areas ," the order said, add– ing that "besides violations of law, the mining activity is being carried out on a large scale, causing state revenue loss , which may be running into lakhs of crores of rupees." The green court reiterated that the Supreme Court's February judgment makes environmental clearance mandatory for mining of minor minerals, including sand from river beds even in areas less than 5 hectares. The apex court ruling was clear that sand mining on either riverbank, up stream and in stream is a cause of environmental degradation and threat to biodiversity, therefore requiring monitoring and regu latory oversight. The Supreme Court ruling has been opposed by several state governments such as Maharashtra and the construction lobby, who see mandatory environmental clearance as a hurdle. The petition before the green court argued that a major portion of the sand mining activity is carried out without any licence or clearance from the environment ministry or state environmental impact assessment authorities. All these mining activities are in violation of the country's green laws - the Environment (Protection) Act, 1986, Air (Prevention and Control of Pollution) Act, 1981 and Water (Prevention and Control of Pollution) Act, 1974. Courtsey: The Economic Times, New Delhi, 06.08.2013 22