MoEF (Ministry of Environment and Forest) has extended validity of Forest Clearance for 82 mines till 2020 and 2030, in line with the MMDR Act 2015.
In case of existing mining leases in respect of minerals specified in sub-section (1) of section 8A of the MMDR Act, 1957, as inserted by the Mines and Mineral (Development and Regulation) Amendment Ordinance, 2015, period of validity of approvals accorded under Section-2 of the FC Act shall be extended, and shall be deemed to have been extended up to a period co-terminus with the period of mining lease in accordance with the provisions of the MMDR Act, 1957, as amended, subject to the following conditions:
(i) The State Government shall, within a period of two years from the date of issue of this letter, realize from the user agency, Net Present Value (NPV) of the forest land for which period of validity of approval under the FC Act has been extended, in case the same has not already been realized, and transfer the same to the ad-hoc Compensatory Afforestation Fund Management and Planning Authority (CAMPA).
(ii) In case NPV of forest land for which period of validity of approval under the FC Act has been extended by this letter has not already been realized and the State Government fails to realize the same from the user agency within a period of two years from the date of issue of this letter, approval accorded under the FC Act for such forest land shall be kept in abeyance, and shall be deemed to have been kept in abeyance, till such time, the NPV of such forest land is realized by the State Government.
(iii) Provisions of this letter, notwithstanding anything contained therein, shall not apply to forest land falling in a mining lease for which renewal has been rejected, or which has been determined or lapsed before the issue of this letter.
FIMI had in a letter dated 23rd January, 2015, requested to extend the validity of Forest Clearance for the mining leases till the lease period in accordance with the Mines and Minerals (Development and Regulation) Amendment Bill, 2015 and simplification of Forest Clearance procedure by empowering State Governments to grant Stage-ll Clearance, after the Stage-1 (in principle) clearance is accorded by the Central Government after compliance of all conditions of Stage-1 clearance.
MM(DR) Amendment Ordinance 2015 was promulgated with effect from 12th January 2015. In terms of the Sections 8A (5) and 8A(6) of this Ordinance, the validity of the mining leases has been deemed to be extended for the period as applicable. These sections are reproduced below:
8A (5) Notwithstanding anything contained in sub-sections (2), (3) and sub – section (4), the period of lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015, where mineral is used for captive purpose, shall be extended and be deemed to have been extended up to a period ending on 31st March, 2030 with effect from the date of expiry of period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with.
8A (6) Notwithstanding anything contained in sub-sections (2), (3) and sub – section (4), the period of lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015, where mineral is used for other than captive purpose, shall be extended and be deemed to have been extended up to a period ending on 31st March, 2020 with effect from the date of expiry of period of renewal last made or till the completion of renewal period, if any. or a period of fifty years from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with.”
“The Federation of Indian Mineral Industries”, therefore felt that since the Forest Clearances granted under Forest (Conservation) Act, 1980 is co-terminus with the lease period, these clearances shall also be extended and be deemed to have been extended up to a period ending on 31st March, 2020 in case of mining leases where minerals are used for other than captive purposes and 31st March, 2030 in case of mining leases where minerals are used for captive purposes with effect from the date of expiry of the period of renewal last made or till the completion of renewal period if any or a period of 50 years from the date of grant of such lease, whichever is later.
In a letter dated 01 April, 2015, Ministry of Environment, Forests and Climate Change (Forest Conservation Division), Government of India has written to the Principal Secretary (Forests), All State / Union Territory Governments, on diversion of forest land for non-forest purpose under the Forest (Conservation) Act, 1980- Guidelines regarding extension of period of validity of approvals accorded under the Forest (Conservation) Act, 1980 for diversion of forest land for mining projects.
Guidelines issued under the Forest (Conservation) Act, ‘1980 (FC Act) inter-alia provides that the approval under the FC Act for diversion of forest land for grant/renewal of mining leases shall normally be granted for a period co-terminus with the period of mining lease proposed to be granted under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act, 1957) or Rules framed there under, but not exceeding 30 years, in consonance with the provisions of the Section 8 of the MMDR Act, 1957 prior to its amendment by promulgation of the Mines and Mineral (Development and Regulation) Amendment Ordinance, 2015.
Link to the list of 82 Mining Leases
The Ministry of Mines has drawn attention of this Ministry to the Mines and Minerals (Development & Regulation) Amendment Ordinance, 2015 promulgated by the Central Government on 12 January 2015 and informed that as per the Ordinance, there would be no renewal of any Mining Lease in future.
All Mining Leases to be granted in future would have tenure of 50 years. Similarly, leases granted prior to the promulgation of Ordinance would also have tenure of not less than 50 years. Ministry of Mines requested this Ministry to consider extending the period of validity of approvals accorded under the FC Act to existing mining leases.
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