Karnataka: Review of mining leases cleared under 'diluted' rules comes to halt

At a time the state-level expert committee (SEAC) has ceased to exist, time is running out for more than 1,500 quarries and sand mining leases whose environment clearances need to be reappraised by April to continue operations.

The environment clearances granted for leases by the district-level environment impact authorities between January 15, 2016 and September 13, 2018 have to be reappraised by the expert committee in view of an order by the National Green Tribunal (NGT).

Hearing a petition against the “dilution” of Environment Impact Assessment Rules through amendments made by the Ministry of Environment, Forests and Climate Change (MoEF&CC), the NGT had in 2018 observed that the changes were in violation of the Supreme Court’s directions.

The “dilution” included doing away with public hearing, environment impact assessment studies and environment management plan for leases for areas up to 25 hectare.

The NGT directed that clearances issued for all leases with less than 5 hectares of area need to be reappraised by the SEAC, and fresh leases have to be issued by state-level authorities.

Environment impact assessment and management plan was made mandatory for clusters of leases with over 5 hectare area.

The NGT noted that mining leases granted with the “diluted” rules are still continuing even after the 2018 order and asked the MoEF to get leases issued across the country reappraised by the SEAC. Last year, the MoEF issued a memorandum to all the states stating that reappraisals shall be completed by April.

However, the term of the SEAC, set up by the previous BJP government, ended on November 19, 2023. “In Karnataka over 1,500 leases issued by the district authorities need to be reappraised. However, the term of the SEAC has ended. Since then, the reappraisal work has stopped. Those with mining leases have time till March 31 following which they will have to shut operations till getting the clearances,” sources said.

The source said the dilution of the rules by the MoEF means the many district authorities had laid down conditions necessary to prevent air and water pollution. “It’s not that mere issuing of conditions will prevent environment pollution. However, issuing clearances without necessary conditions will make it difficult to act against violators. The dilution of the conditions has led to unnecessary confusion and burden of work,” the source added.

The MoEF has directed that the clearances issued over the last two years should be uploaded on its portal and the committee should use data analytics and GIS maps during reappraisal.The work requires technical experts in the SEAC, which is dominated by political appointees.