Introduction:
Environmental regulations are much needed in today’s world as the impact of human activities is deteriorating the environment. It is degrading every day and we need to take steps to preserve the environment for ourselves and our future generations. Governments around the world are taking steps to decrease pollution and make the economies carbon neutral. Governments around the world have set goals to become carbon neutral and have provided a timeline for the same.
Mining is considered to be one of the most polluting industries as it not only deteriorated the ecosystem for the construction of mines. [1]It actively produces toxic materials that are dumped onto the neighboring sites and thus further polluting the ecology and increasing strain on the environment. To stop the companies from further polluting the environment and creating awareness about the same, the government has introduced several regulations in mining activities to keep the pollution in check.
This has to be done to ensure that the mining industry remains profitable enough to generate jobs and other opportunities for the individuals but at the time is not causing too much pollution.
Analysis
In India, over the last few years, many mining disasters have taken place. This has caused loss of life and increased the impact of the mines on the degradation of the Environment. This has prompted the government to take several steps to reduce the impact of the mines on the environment and take corrective action.
The constitution of India under Article 48A[2] states that the government shall take steps to protect the environment and ensure that there are enough safeguards to improve the environment and protect the wildlife and forests of the country. This was first implemented by the High court of Rajasthan in the case of L.K.koolwal vs. the State of Rajasthan[3]. In this case, the court recognized the importance of a clean and hygienic environment and directed the government to take steps to ensure that the citizens are provided with the same.
The Ministry of Environment and Forest is responsible for framing the legislation on Environment protection in India. [4]They have issued certain steps that are to be considered to ensure that the environmental degradation is contained and integrated decisions regarding the environment are taken. They are as follows-
- To prevent the pollution at its source by implementing strict rules and regulations
- To implement the best technical solution, present for a problem and encourage to develop any other feasible solutions for a problem.
- To ensure that the pollution which is caused by the polluter is paid for by the polluter themselves so that they are discouraged to pollute in the future.
- To restore the heavily polluted environment which is present in the country.
- To Restrict the pollution that is dumped into the rivers and other water bodies
- To use governmental resources to implement environment protection methods and techniques
There is a different type of threat that is also present in the environment from the defunct mines as hundreds of acres of land is required to make a mine and when a mine closes that area is left abandoned without any efforts made to restore the same and thus it continues to deteriorate and make the environment around the same worse. This can take some time to restore naturally. This happens when the mines are closed and their equipment like heavy machinery, vehicles, dredgers, etc. are left behind as it becomes too expensive to remove the same from the area due to the transportation and removal costs. This equipment then decomposes and rusts which will further deteriorate the environment, not to mention the fluids which are present in these machines can seep into the water sources and damage the hydrology of the area. Thus further causing damage to the already unstable environment.
Other hazards that are posed by these mines are the open pit areas where hundreds of acres of forests are cleared to make room for the mines. [5]These areas are not restored to their former glory after the extraction of minerals is completed in the mines and thus are left barren wastelands in the middle of the jungle as the fertile topsoil is removed and subsequently the flora and fauna are also removed. The area thus cannot grow any kind of vegetation. It takes a very long time to naturally restore such areas. This is a major issue as local wildlife will be affected by this type of area. They will not be able to utilize that patch of land which would have otherwise been very productive.
Section 4A of the Mines and Mineral (Development and Regulation) Act, 1957 deals with the termination of prospecting licenses or mining leases to protect the environment from deteriorating and preserving the otherwise neglected environment.
Section 18 of the Mines and Mineral (Development and Regulation) Act, 1957 deals with the mineral development aspect of the mines. It must be done sustainably and precautions must be taken by the Central government to ensure the same is enforced.
Section 20A of the Act empowers the central government to issue directions to the state government regarding the protection of the environment from mining activities and the same must be complied with by the state government.
Several steps have been taken by the government to ensure that the environmental pollution caused by these mines is reduced to the minimum possible level and that the owners of the mines are to be held responsible for the pollution caused. The environment protection (Amendment) Act, 2006 and Forest conservation Act, 1980 are the primary policies that contain clauses related to mining monitoring in India and protecting the environment.
The forest conservation act, 1980 has been amended many times over the past few years to ensure that environmental protection could be done with the changing environment. The central government has the power to make amendments to the act and take measures as deemed necessary to protect the environment. The standards for discharge like air pollution, water pollution, soil pollution, etc. are mentioned in the Environment Protection act 1986. The mines need to pass all the requirements and collectively it is known as Environmental Impact Assessment (EIA) This is the assessment that is required to be passed by the mines to get an environmental clearance to operate in that area.
The Central Pollution Control Board also has a very active part in the protection of the environment from the pollution caused by the mines. Several laws have been introduced like the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act, 1981, and the Coastal Zone Regulation, 2011. All these laws are important as they have a major role in protecting the environment.
The state governments are also involved in making regulations regarding the protection of the environment from mines. The Department for Mining, Department for Forests, and State Pollution Control Board all play an important role in dealing with the discovery, maintenance, development, and protection of mineral resources.
Licensing, permits, leases, inspections, etc. have been made mandatory to ensure that the mines are complying with the latest requirements set by the government. The star rating is also implemented by the government in which all the mines are required to achieve a minimum rating of 4 stars in the maximum period of 2 years.[6] This ensures that the mines are following all the legal requirements. If any mine fails to achieve the target of 4 stars in 2 years, then operations by such a mine are to be closed.
All these regulations are made mandatory and any mine which is operating in India has to follow all the rules and regulations established by the government for the respective industry and take care of the environment simultaneously.
Conclusion
The Indian mining industry is growing at a tremendous pace and still has a huge potential to grow. This has prompted the Indian government to take several proactive measures to ensure that the production of the mines does not fall and simultaneously a climate crisis could be avoided. Several steps and measures are taken to ensure that the mining sector becomes environmentally sustainable and thus is highly regulated to ensure proper legal and regulatory frameworks are present.
Small and medium-tier mines are a very important part of the economy but at the same time, they are causing a lot of pollution to the environment. It is challenging for the government to ensure that the mines follow the rules and regulations and at the same time remain profitable enough to sustain themselves in the longer run. This is achieved by using and implementing the latest technology available in the market. This will not only increase the output of the mines it will also help in reducing their carbon footprint.
This could only be achieved by creating a mining industry that is sustainable enough to move from the individual adoption of technology to large-scale adoption. Governmental support is a must to ensure that these practices are followed. The mining industry in India is becoming a climate-conscious industry but it still has a long way to go and achieve many goals before becoming completely carbon neutral.
References:
[1] Shivpriya Nanda, Mining in India: overview, Practical law (2021), https://uk.practicallaw.thomsonreuters.com/0-562-4168?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_anchor_a595013 (Last visited on November 04, 2021)
[2] The constitution of India, 1950, Article 48A
[3] L.K.koolwal vs. the State of Rajasthan [AIR 1988 Raj 2, 1987 (1) WLN 134]
[4] Pradeep S Mehta, The Indian Mining sector: Effects on the Environment & FDI Inflows, CCNM Global Forum on International Investment (February 08, 2002), https://www.oecd.org/env/1830307.pdf (Last visited on November 04, 2021)
[5] Rajeev Singh, Sustainable mining in India Overview of legal and regulatory framework, technologies, and best process practice, CUTS International (February, 2018), https://cuts-citee.org/wp-content/uploads/2019/08/Sustainable_Mining_in_India-Overview_of_legal_and_regulatory_framework_technologies_and_best_process_practices.pdf (Last visited on November 05, 2021)
[6] C.M. Jariwala, Mining and Environment: Indian Law Scenario, Indian Law Institute (December, 1995), https://www.jstor.org/stable/43953244?seq=6#metadata_info_tab_contents (Last visited on November 05, 2021)
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