Sand Mining with the capacity of 5 hector require EC or not?

[shailesh gamit]

Dear All,

i require details regarding Sand Mining projects particularly in
GUJARAT.....

Whether Sand mining with the capacity of 5 hector require

EC or not? and if EC required then from which authority???

Gujarat or Center(MOEF).....

Whether this project require EIA(rapid or comprehensive)????

nowadays something is going at the high court level here in gujarat

in this kind of projects....so need some clear idea regarding this...

if some details please provide me.....

Thanking you in advance......

Shailesh Gamit...

[phone](M.)

[e-mail]

[jasbinder singh shergill]

No river sand mining project, with mine lease area less than 5 ha, may be considered for
granting EC. The river sand mining projects with mining lease area 2! 5 ha but < 25 ha
will be categorized as 'B2'. In addition to the requirement of documents, as brought out
above under sub-para (ii) above for appraisal, such projects will be considered subject to
the following stipulations:
(a) The mining activity shall be done manually.
(b) The depth of mining shall be restricted to 3m/water level, whichever is less.
(c) For carrying out mining in proximity to any bridge and/or embankment, appropriate
safety zone shall be worked out on case to case basis to the satisfaction of
SEAC/SEIAA, taking into account the structural parameters, locational aspects,
flow rate, etc., and no mining shall be carried out in the safety zone so worked out.
(d) No in stream mining shall be allowed
(e) The mining plan approved by the authorized agency of the State Government shall
inter-alia include study to show that the annual replenishment of sand in the mining
lease area is sufficient to sustain the mining operations at levels prescribed in the
mining plan and that the transport infrastructure is adequate to transport the mines
material. In case of transportation by road, the transport vehicles will be covered
with taurpoline to minimize dust/sand particle emissions.
(f) EC will be valid for mine lease period subject to a ceiling of 5 years.
Provided, in case the mining lease area is likely to result into a cluster situation Le.
if the periphery of one lease area is less than 1 km from the periphery of another lease
area and total lease area equals or exceeds 25 ha, the activity shall become Category 'B1'
Project under the EIA Notification, 2006. In such a case, mining operations in any of the
mine lease areas in the cluster will be allowed only if the environmental clearance has
been obtained in respect of the cluster.

[Prof Dr V N Sivasankara Pillai]

Note Section (iii) d

which states that no in-stream mining will be permitted.

[Dr Anil Kumar Patni]

see the attached file

[shailesh gamit]

Thanx Jasbinderji for your kind reply and it is much useful to me and other members.....

Thanx a lot.....

Regards...

Shailesh Gamit.....
jasbinder singh shergill said:

No river sand mining project, with mine lease area less than 5 ha, may be considered for
granting EC. The river sand mining projects with mining lease area 2! 5 ha but < 25 ha
will be categorized as 'B2'. In addition to the requirement of documents, as brought out
above under sub-para (ii) above for appraisal, such projects will be considered subject to
the following stipulations:
(a) The mining activity shall be done manually.
(b) The depth of mining shall be restricted to 3m/water level, whichever is less.
(c) For carrying out mining in proximity to any bridge and/or embankment, appropriate
safety zone shall be worked out on case to case basis to the satisfaction of
SEAC/SEIAA, taking into account the structural parameters, locational aspects,
flow rate, etc., and no mining shall be carried out in the safety zone so worked out.
(d) No in stream mining shall be allowed
(e) The mining plan approved by the authorized agency of the State Government shall
inter-alia include study to show that the annual replenishment of sand in the mining
lease area is sufficient to sustain the mining operations at levels prescribed in the
mining plan and that the transport infrastructure is adequate to transport the mines
material. In case of transportation by road, the transport vehicles will be covered
with taurpoline to minimize dust/sand particle emissions.
(f) EC will be valid for mine lease period subject to a ceiling of 5 years.
Provided, in case the mining lease area is likely to result into a cluster situation Le.
if the periphery of one lease area is less than 1 km from the periphery of another lease
area and total lease area equals or exceeds 25 ha, the activity shall become Category 'B1'
Project under the EIA Notification, 2006. In such a case, mining operations in any of the
mine lease areas in the cluster will be allowed only if the environmental clearance has
been obtained in respect of the cluster.

[shailesh gamit]

Thanx sirji....

Prof Dr V N Sivasankara Pillai said:

Note Section (iii) d

which states that no in-stream mining will be permitted.

[shailesh gamit]

Thanx sirji for your kind reply.....
Dr Anil Kumar Patni said:

see the attached file

[Shweta Gupta]

As per the recent judgement of high court dated 21st April 2014, a stay has been put on its earlier judgement in which high court has directed to close all the mine lease if EC is not taken within 6 months from the date of judgement. 

However, sooner or later, EC would be required for all the mining projects. Moreover, recent MoM uploaded on MoEF website also states that mine lease having area less than 5 hectares will not be appraised(for major minerals). But EC for minor minerals (other than river sand mining) having area less than 5 Ha is required in Gujarat.

Regards

Shweta Gupta

[shailesh gamit]

Hi Shweta,

Thanx a lot for your kind reply and detail regarding the subject matter....

it is very much useful to me as well other member of IEN network....

Best Regards....

Shailesh Gamit...

Shweta Gupta said:

As per the recent judgement of high court dated 21st April 2014, a stay has been put on its earlier judgement in which high court has directed to close all the mine lease if EC is not taken within 6 months from the date of judgement. 

However, sooner or later, EC would be required for all the mining projects. Moreover, recent MoM uploaded on MoEF website also states that mine lease having area less than 5 hectares will not be appraised(for major minerals). But EC for minor minerals (other than river sand mining) having area less than 5 Ha is required in Gujarat.

Regards

Shweta Gupta

[shailesh gamit]

Hi Shweta,

Do u have the copy of judgement of high court dated 21st april 2014?

if possible can u pls provide me the same.....

Thanking you in advance....

Best Regards....

Shailesh Gamit....

shailesh gamit said:

Hi Shweta,

Thanx a lot for your kind reply and detail regarding the subject matter....

it is very much useful to me as well other member of IEN network....

Best Regards....

Shailesh Gamit...

Shweta Gupta said:

As per the recent judgement of high court dated 21st April 2014, a stay has been put on its earlier judgement in which high court has directed to close all the mine lease if EC is not taken within 6 months from the date of judgement. 

However, sooner or later, EC would be required for all the mining projects. Moreover, recent MoM uploaded on MoEF website also states that mine lease having area less than 5 hectares will not be appraised(for major minerals). But EC for minor minerals (other than river sand mining) having area less than 5 Ha is required in Gujarat.

Regards

Shweta Gupta

[Raj Shekhar Singh]

Agreed with Jasbinder for nicely presenting the reply, However, his last paragraph (f) showing the distance of one km from the periphery of one should be 500 m then it will fall under BI category Amendment done (MOEF) in 24th Dec. 2013. If you need the details can be sent.

[Ravi Ananth]

The validity of EC in this case referred for discusssion is not always 5 years. It depend upon the quantity to be excavated and period of mining with the available reserves in that bit of mining stretch.