Ministry of Environment and Forests vide letter dated 1st February 2013 informed the all State/ Union Territory Governments inter–alia as below:
(i) Henceforth, in case of mining leases having forest land in part or in full, approval under the Forest (Conservation) Act, 1980 (FC Act) for diversion of entire forest land located within the mining shall be obtained before execution/renewal of the lease under the Mines and Mineral (Development and Regulation) Act, 1957.
Applications seeking prior approval under FC Act for diversion of the entire forest land (and not a portion thereof) located within the area proposed to be assigned on lease shall only be accepted by the Nodal Officers in the concerned State/ Union Territory Governments.
The Minister further stated that All State/UT Governments shall within a period of three months submit to the MoEF details of all such mines where approval under the FC Act for diversion of only a part of forest land has either been obtained or is presently under examination in the State/Central Government.
This was stated by Dr. M.Veerappa Moily, Union Minister for Environment and Forests, in a written reply to a question in the Rajya Sabha today. The State Governments in all such cases shall request the concerned user agencies to submit application to obtain approval under the FC Act for diversion of the remaining forest land located within the mining lease.
Mining in such leases after two years will be allowed only if the user agency either obtains approval under the FC Act for the entire forest land located within the mining lease or surrenders such forest land for which approval under FC Act has not been obtained and execute a revised mining lease for the reduced lease area.
The Minister further stated that the Federation of Indian Mineral Industries (FIMI) vide their letter dated July 5, 2013 requested the MoEF that above guidelines may be considered for review and provision of obtaining approval under the FC Act for diversion of entire forest land located within the mining lease within a period of two years should not be insisted.
The FIMI in their said letter further suggested that the said guidelines may be amended to provide that all Project Proponents must file application to seek approval under the FC Act for diversion of entire forest land located within the mining lease within a period of one year, failing which mine will be closed till the project proponent submits application to seek approval under the FC Act.
The said representation of the FIMI is presently under consideration of the MoEF.
