India: Public consultation waived off for critical, strategic minerals mining

  • Exemptions to help meet defence, strategic needs
  • EIAs, EMPs to still require mitigation measures

The government has issued a memorandum to fast-track projects involving mining of critical, strategic, and atomic minerals. Notably, the Ministry of Environment, Forest and Climate Change (MoEF&CC) has exempted atomic, critical, and strategic mineral projects from the requirement of public consultation, which is otherwise mandatory for obtaining environmental clearance (EC).

The exemption, issued through an office memorandum dated 8 September, was made at the request of the Ministry of Defence. The ministry noted that such projects involve national defence, security, and strategic considerations and, therefore, merit fast-track processing.

Projects involving atomic minerals notified in Part B and critical and strategic minerals notified in Part D of the First Schedule of the MMDR Act will now be appraised directly at the central level, irrespective of the lease area. However, the ministry has clarified that Environmental Impact Assessments (EIAs) and Environment Management Plans (EMPs) will still require mitigation measures such as the creation of social infrastructure, such as medical facilities, drinking water supply, skill development, and employment opportunities, to address the impact on local communities.

While public consultation is generally mandated under the EIA Notification, 2006 (sub-clause (f) of clause 7 (UD) (1)), it may be exempted for defence and other strategic considerations, such as a pandemic or national schemes and mission.

Last month, the Department of Atomic Energy wrote to the MoEF&CC, seeking exemptions by citing the wide-ranging defence applications of rare earth elements (REEs). These include use in magnets, radar and sonar systems, communication and display technologies (such as lasers, monitors, and avionics), mounting systems in armoured vehicles, and precision-guided munitions. The department followed up with another letter highlighting nuclear applications of thorium (from monazite, a beach sand mineral) and the need to expedite development of new uranium deposits.

Earlier, in March, the Environment Ministry had already decided to give out-of-turn consideration to all critical and strategic mineral projects seeking clearance. These minerals are essential for high-tech electronics, telecommunications, transport, and defence and are vital for India’s target of achieving net-zero emissions by 2070.