Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

28
Elective Report On Mining Policy Framework – A Comparative Study Submitted by: Ms Savita Dahiya IFS (P), 2013-15 Batch Rajasthan Cadre 1 Guided by- Dr. Sanjay Srivastava Additional Professor IGNFA

Transcript of Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Page 1: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Elective Report

On

Mining Policy Framework – A Comparative Study

Submitted by:

Ms Savita Dahiya

IFS (P), 2013-15 Batch

Rajasthan Cadre

1

Guided by-

Dr. Sanjay Srivastava

Additional Professor

IGNFA

Page 2: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Declaration of Originality

I, Ms. Savita Dahiya, hereby declare that the report being presented here is first hand perspective and due acknowledgement is given for the sources referred.

( )

Savita DahiyaIFS(P), Rajasthan Cadre

2

Page 3: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Declaration by the Guide

I, Dr. Sanjay Srivastava, hereby declare that the work on the topic has been done under my supervision.

( )

Dr. Sanjay SrivastavaAdditional Professor

IGNFA, Dehradun

3

Page 4: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Table of Contents

Objectives of Study

Methodology

Introduction 1

Type chapter title (level 2) 2

Type chapter title (level 3) 3

Big Policy Dilemma 4

Type chapter title (level 2) 5

Type chapter title (level 3) 6

Minor Minerals & Forest Conservation

Finding a Common Ground

4

Page 5: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Objectives of the study

This elective study involves:

Brief study of existing legislative gaps in mining policy framework in India vis-a-vis environmental regulation with focus on exploration of minor minerals.

Comparative study of environmental legislation w.r.t. mining in various countries.

Suggested best practices that may be incorporated in environmental management in mining rich areas to evolve sustainable development framework for mining in country.

5

Page 6: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Materials and Methods

Method of study is primarily the literature survey and review of existing standard literature on the subject. The study may be extended further with availibilty of more literature and hence provides platform for future work which may be undertaken whenever time permits.

6

Page 7: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Chapter 1 Introduction

“Man is preceded by Forest but followed by Desert”, says Graffito

2.4 ENVIRONMENTAL RESOURCES CONSERVATION VS MINING CONUNDRUM

Mining is the primary source of important metals and minerals for areas ranging from traditional construction to green technology. Yet mining is also associated with a number of negative consequences, such as large quantities of waste, emissions to water and air, and noise. Common concern for the environment has led to a convergence of mining laws; not only in the Nordic region, but globally. The extensive amount of EU directives in this area illustrates this. This is reflected by the mineral strategies adopted by many countries in recent years.

India is also endowed with abundant mineral resources and most of these resources are located in nationally protected areas, which establishes a fundamental conflict between the goals of promoting the development of our domestic mineral/ energy supplies and the preservation of our national treasures especially Wildlife. With growth in environmental activism, the Protected Area Network is expanding. This will further enhance the conflict as developing economy needs more natural resources to sustain GDP growth.

It has been argued that area earmarked for the extraction or mining had already been degraded and that the economic value of mining outweighs its negative effects. On the other hand, majority of these forest reserves sit on minerals; therefore if permits are offered to mining companies, all of the nation's forests will be degraded. The Forest Service promulgated regulations to deal with the increase of environmental mishaps attributable to mining in the national forests.

Figure 1 – Summary of Gamut of Laws Governing Mining Sector (List if non-exhaustive)

7

Page 8: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

National parks, nature reserves, and other protected areas (PAs) are the foundation of global efforts to conserve biodiversity. Today, more than 122,000 nationally designated PAs cover approximately 12% of the earth's land surface and another 0.65% of its oceans (Wood et al. 2008; IUCN and UNEP 2009; United Nations 2009).

It is normally assumed that PAs are permanent fixtures on the landscape, but recent evidence points to widespread downgrading, downsizing, and degazettement of PA (PADDD). Though the conventional pattern regarding PAs is one of continuous growth in numbers and spatial extent (Figure 2), several countries have scaled back their national PA systems. Recent government proposals like downgrading Amboseli National Park (Kenya) and the Arctic National Wildlife Refuge (ANWR) (USA) are few examples.

Figure 2 - Cumulative growth of nationally designated protected areas (PAs), 1872–2008 (UNEP-WCMC 2009 ).

Note: Graph excludes 52,932 PAs for which date of establishment is not specified within the World Database of Protected Areas.

The dilemma and related debates pertaining to mining and forest conservation are getting deeper everyday, capturing substantial space on print and electronic media. This has served as a motivation to delve deeper into the problem of conservation versus mining, world over.

2.4 INDIAN SCENARIO

As per Economic Survey, 2015 published by Government of India, the extent of stalled projects in India accounts to 7-8% of GDP, most of which are due to lack of environmental or forest clearance. These include more than 40 stalled mining project due to non-grant of statutory clearances.

The report published by Kalpavriksh, 2003 named Undermining India – Impacts of mining on Ecologically Sensitive Areas states that at least 90 sanctuaries and National Parks and many other Ecologically Sensitive areas in the country are threatened by existing or proposed mining activities. The Parliament enacted the Forest Conservation Act, 1980 (the F.C. Act) for conservation and check further deforestation of forests. Mining activity is a non-forest activity. Even if there be a mining lease in favour

8

Page 9: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

of an entity under the M.M. Act, mining cannot be done within a forest area unless there is prior approval from the Central Government under the F.C. Act and possession is handed over by the State Government.

In general Indian policy framework in last few years has been very dynamic and progressive especially in mitigating socio-economic resistance. For instance, in Scheduled area, prior informed recommendation/ consent of Gram Sabha for minor minerals before starting process of land acquisition. This is also being brought in case of major minerals also, proceeded by consultation and disclosure process. Identification of no-go areas in Coal Blocks allocation is a breakthrough step.

CPCB in collaboration with SPCBs, research and academic institutions in early 1990s envisaged preparing District Zoning Atlas project, which aims to assign and identify areas for different categories industries at district level (Red, Orange and Green category of Industries).

However there are some major problem areas that requires attention viz.

o Social Impact

o No disclosure of SIA and SMP reports to community as part of disclosure of public consultation.

o Social Impact Assessment is currently mandated under EIA notification 2006, during diversion of forest land under Forest Conservation Act, 1980 and under National Policy on Resettlement & rehabilitation 2007 (triggered when more than 400 people are displaced for a project). However, projects do not need a separate permit/ clearance on basis of social impacts.

o There is hardly any incentives for involvement of local community in continuous EIA during life cycle of a mine

o Due to inadequate capacity building of government agencies like Indian Bureau of Mines (IBM) in terms of technical know-how and understanding of environment and impact assessment limits their ability to undertake and monitor scientific mining.

o Enforcement is the key drawback in regulatory arrangements despite having one of the most progressive mining and environmental laws in the world. One glaring example of several violations and levels of illegality is seen in Hospet - Bellary in Karnataka, in terms of boundary violations, over-extraction, under-reporting production and export.

o There should be proper mapping of viable mineral ore bodies through systematic assessment.

o Problem of Small Mining Lease and Minor Minerals

o Mining Lease smaller than 5 Ha in size, irrespective of mineral, type of method or mineral location; is not subjected to careful environmental scrutiny or appraisal by concerned mining authorities. There is limited or no capacity of undertake

9

Page 10: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

proactive comprehensive regional planning exercise that takes into account accumulates impacts and risks.

o Artisanal & Small-scale Mining (ASM) i.e. mining practised by individuals, groups or communities often informally and in developing nations is causing maximum loss to environment. In Schedule 5 & 6 areas, tribal or local cooperatives are sometimes given mining rights but due to lack of adequate capacity- building and no regulation, they are doing huge loss to environment. These geographic area may be small for mines less than 10 ha, out of 9416 mines (excluding fuel, atomic and minor minerals) in country, they are about 5345 or 56%. Their cumulative lease area is 21000 ha which is 4% of total mine lease area.

Figure 3

In minor mineral cases, there is no reliable information on physical distribution pattern of mining lease, where small mines dominate.

10

Page 11: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Chapter 2 The Big Policy Dilemma

The ongoing conflict between environmentalist and mining lobby in India and USA present a contrasting picture with Scandinavian countries especially Sweden, where a dynamic mining and mineral industry coexists with a strong national environmental commitment. Swedes and Canadians manage the seemingly impossible combination of decentralization and flexibility in environmental regulation with high standards.

The Swedish policy model, as well as Canadian and Finnish models, may not be applicable to current Indian and U.S. socio-political conditions because of difference in level of development and population density, but they offer important perspectives on potential ways to break out of the current standoff.

2.4 REGULATORY FRAMEWORKS IN THE SCANDINAVIAN COUNTRIES

Scandinavian nations lack large scale conflicts and are global leaders in environmental and energy policy. Norway, is the world’s third largest oil and LNG producer. Finland is the world leader in the enclosed flash smelting process for copper and other sulfide ores. The technology has dramatically increased production efficiency and reduced energy requirements for ore processing, while almost completely eliminating toxic emissions. The magnetite-producing Kiruna Mine in Sweden is one of the world’s largest and most modern underground mines.

History of extractive industry regulation and environmental management in all the Scandinavian countries tends toward broad consensus, with policies remaining little affected by changes in party control of the government. Trust in public administrators is strong.

Under Sweden’s Mining Law, only nine employees work in Bergstaten, the national mining bureau office within the Swedish Geological Survey. The office handled 305 mineral exploration leases in 2005 — almost double the total for 2004 and emphaises on efficiency and fair operating environment.

In 1999, Sweden consolidated 15 existing environmental laws into a single Environmental Code amounting to 164 pages. Permit are granted by Environmental CourtsPermits are not required for limited exploration (subject of controversy). Its is obligatory to consult County Board if exploration alters natural environment. There is decentralization of environmental governance:

o Permit requests for each type of mining activity (Divided into Categories) are allotted administrative level corresponding to the level of hazardous materials

11

Page 12: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

involved in the activity. For example, bulk mineral mining permits are in category C, handled by municipal boards.

o Normal mining exploration (except uranium) is in category B, corresponding to county boards. Full-scale metal mining requests are in category A, handled by regional environmental courts. These courts have advisory and oversight duties in addition to rendering legal decisions.

o The government can not permit activity unless approved by municipal parliament. Special permits are granted if area is designated as conservation area (Municipal Veto)

One salient feature is case to case basis of application of general environmental code provisions. If a company can prove that normal conditions are unreasonable, a balancing environmental operation based on precautionary principle is allowed under governmental oversight.

If environmental code is expected to be violated, mining licensem ay not be given even after exploration. So, this serves are an incentive to use least destructible mining techniques.

There are certain STOP provisions, whereby any activity causing harm to public health are stopped at any stage.

Key operating principle is that it is difficult for a supervisory body with limited resources and detailed regulations to achieve better safety than the operator who takes active responsibility. Sweden has exceptionally high public environmental awareness and standards, which the government proposes further extending to meet 19 national environmental goals, along with the requirements of membership in the European Union.

Mining accidents and failures, well-publicized and analyzed when they occur, are rare. Companies are required to clean up environment post-operations. However, an example of failure is the clean-up of the Blaiken mine, in northern Sweden, which two bankrupt companies left to the state, will cost around €23m]. In 2008, the Swedish Environmental protection Agency estimated that the current cost of cleaning up former mines and processing their waste would amount to between €230m and €350m. Further, There is threat to tourism and Lapland and Sami indigenous communities who live by reindeer herding and fishing by polar mining boom, which mirrors the oil industry’s search for oil and gas.

Denmark extractive industry is focused mainly on nonmetallic minerals including salt, stone, gravel, sand, chalk and limestone, which are used primarily in building and construction projects in Denmark.

Mining in Finland is governed by EU pollution laws but supervision and control of the industry is poor and government has often failed to monitor or act because the industry

12

Page 13: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

and the authorities are closely and intimately linked. Authorities are understaffed and underfunded

Greenland is an outlier in terms of legislation. There are no large-scale active mines in Greenland today, Its Mineral Resources Act includes provisions for prospecting permits and small-scale exploitation licences, unlike the other Nordic countries. Furthermore, Greenland demands that permit applicants conduct not only an Environmental Impact Assessment (EIA), which we will look at next, but also a Social Impact Assessment (SIA). Also, licences are generally contingent on agreement on an Impact Benefit Agreement (IBA).

2.4 REGULATORY FRAMEWORKS IN CANADA & AUSTRALIA

The Canadian National Environmental Protection Law of 1999 is the overriding national legislation, supplemented by laws dealing with special issues such as the Arctic and fisheries. In Canada, mining plans now require land restoration plans, and most provinces require bonds to ensure restoration in the case the operating company goes out of business.

Canadian system emphasizes decentralized management with intensive consultation among stakeholders (including the federal government). The system includes special environmental courts and has relatively low levels of litigation.

Australia has 14 Commonwealth laws regarding environment, with states having an additional five to 15 laws each. A private environmental organization, Minewatch, monitors both nations’ mining interests and raises alarms at intervals.

2.4 REGULATORY FRAMEWORK IN GHANA

As a policy, mining was earlier not accepted in any forest reserve in Ghana. The fact that mineral resources are located beneath rich biological resources designated as forest reserve posed a dilemma to the Ghanaian Government. In mid-2003, the Government cleared the air and announced limited mining in some selected forest reserves.

It was estimated that less than 1% of forest reserves will be affected. The impact of mining on the reserves should therefore be insignificant. The benefits of mining in the areas concerned in terms of jobs and local infrastructure support would outweigh the environmental consequences. Furthermore, the use of modem technology would minimise the effects of the mining. All these factors notwithstanding, the companies are mandated to undertake environmental and social impact assessments prior to the grant of the mining lease.

One peculiar requirement in granting mineral concession include the prior forestation of an area of the size of the proposed mining area and reclamation, rehabilitation and reafforestation of the affected area after the extraction. The goal is to restore the

13

Page 14: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

degraded forest. Though there is presently no requirement for financial assurance for the rehabilitation of sites in Ghana. Therefore, in a situation where a company goes bankrupt or displays financial incapacity to reclaim and reafforest, public funds might well be the last resort to finance the clean-up. (Citation: 22 J. Energy & Nat. Resources L.241 2004)

2.4 REGULATORY FRAMEWORKS IN UNITED STATES

There are many similarities between Indian and USA’s mining policy and conflict landscape. The National Forest System includes 155 National Forests consisting of 191 million acres. These lands encompass about 10% of the land area of the United States. More than 7 million acres of land within the National Forest System contain coal reserves. There are a limited number of surface and underground coal mining operations currently existing within the boundaries of the National Forests.

There are rigid laws and long court battles which has more rift between general public and conservationists. The Endangered Species Act, for example, places severe restrictive measures on any public or private land that contains listed species or sensitive habitats, which may give landowners strong disincentives to identify endangered species or critical habitats. In a recent incident, controversy erupted over closure of large lumber areas in the Northwest because they were habitat for the spotted owl.

Status of Forest Conservation – A Framgmented Approach

o National Park System consists of 361 areas covering more than 80 million acres. These areas are of such national significance that Congress established the National Park Service as a separate agency. It has been estimated that slightly more than 1 million acres or 1.3% of all National Park areas contain underground coal.

o The National Wildlife Refuge System consists of approximately 89 million acres of land managed chiefly for the conservation of wildlife. Approximately 3.2 million acres or 3.7% of the Wildlife Refuge System contain coal reserves. There are no existing surface coal mining operations reported within the boundaries of the National Wildlife Refuge System.

o  The National Trail System is a cooperative program between federal, state, and local agencies which establishes scenic trails, preserves their natural setting, and protects them from incompatible development. No surface coal mining operations are reported within their boundaries.

o The National Wilderness Preservation System, managed by a variety of federal agencies. Activities within a National Wilderness are restricted and the goal is to maintain them in a primitive state, largely untouched by human activities.

          Role of Forest Service   

14

Page 15: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Even though the Forest Service regulates much of the mining in the national forests, its regulation of mining is not exclusive—its jurisdiction overlaps with that of the Bureau of Land Management. While prospecting, locating, and developing of mineral resources in the national forests may not be prohibited nor so unreasonably circumscribed as to amount to a prohibition, the federal court stated that Secretary may adopt reasonable rules and regulations which do not impermissibly encroach upon the right to the use and enjoyment of placer claims for mining purposes.

Forest Service has authority to require mining operators to comply with environmental regulations to help preserve forest resources. Although the regulations do not specifically mention prohibition of mining operations, modern problems may force the Forest Service to take this more activist regulatory stand.

The recent New World mine project controversy (just outside Yellowstone National Park) and the Gallactic Mine disaster in Colorado exemplify the need for a strong Forest Service policy to preserve and protect forest ecosystems. However, court's limited interpretation of the Forest Service's authority in these cases, to restrict mining, the Forest Service regulations have remained nearly untouched until the present day.

Regulations require that a prospective miner file a notice of intention to operate with the Forest Service District Ranger if the proposed mining operations “might cause disturbance of surface resources. A miner can dispense with filing even a notice of intent: where a plan of operation is submitted in lieu of a notice of intent; or for operations that will not use mechanized earthmoving equipment. All mining operators who the Forest Service requires to file a plan of operations must file a bond conditioned on compliance with all environmental regulations prescribed in the regulations.

Forest Service officer may ask the operator to furnish a proposed modification of the plan of operation during any time of the operations and may request a modification of the operation plan if the circumstances demand a modification.

During mining operations, the regulations require that Forest Service officials periodically inspect the mining operations to ensure compliance. However, there is no provision in the regulations to shut down or terminate mining operations.

Forest Service's inability to prohibit destructive mining activities handicaps its function of managing forest surface resources.

15

Page 16: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Chapter 4 Minor Minerals and Forest Conservation

Union government has recently declared 31 major minerals as minor minerals, which has totalled minor minerals as 54. Mining lease for these minerals and to formulate regulations is exclusively the domain of state govt. Study of these minerals assume significance as many of these mining areas overlap with forest areas. Environmental Impact Assessment Notification of 1994 did not apply earlier to the mining of minor minerals. However, minor minerals were brought under the ambit of the Environmental Impact Assessment Notification of 2006 with a lease area of 5 hectares and above require prior environmental clearance.

In most of the countries, the extraction of minor minerals remains either with small, unorganised commercial sector or with community. Due to lack of strong regulations, exploitation of these minerals is causing degradation of natural resources. India has emerged as a pioneer in regulating minor mineral mining by means of legislation through judicial pronouncements. Some of the Landmark judgements and their findings are:

The illegal uncontrolled limestone mining and deforestation in Doon Valley has stripped bare of its green cover, which is 10% of the area today while decades ago it was 70 %. The case of Rural Litigation and Entitlement Kendra, Dehradun v. State of UP, is a very significant case in the history of environment protection movement in India, which totally stopped mining in these hills.

In Tarun Bharat Sangh v. UOI, SC was made aware of the fact that the State Govt. of Rajasthan was authorizing mining operations in Reserved Forest Area. SC gave directions that no mining operations of whatsoever nature shall be carried on within the protected and reserved forest.

In Ishwar Singh v. State of Haryana, the environmental damage caused by stone quarrying was highlighted by the Punjab & Haryana High Court. SC held that there should be one km. safe distance from a stone quarry or crusher to a lake, water reservoir and residential locality and it directed the HC to modify its order of 2 kms.

In Deepak Kumar vs. State of Haryana, it was observed that the size of the Mine Lease area and period of lease vary from state to state. Mining is considered to be capital intensive industry and considerable time is lost for developing the mine before it attains the status of fully developed mine. If the tenure of the mine lease is short, it would encourage the lessee to concentrate more on rapid exploitation of mineral without really undertaking adequate measures for reclamation and rehabilitation of mined out area, posing thereby a serious threat to the environment and health of the workers and public at large.

o There is a need to bring uniformity in the period of lease. It is recommended that a minimum period of mine lease should be 5 years, so that eco friendly scientific and sustainable mining practices are adopted.

16

Page 17: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

o Need to develop a cluster-approach in case of smaller mine leases being operated presently. Further, these clusters need be provided with processing/crusher zones for forward integration and minimizing excessive pressure on road infrastructure.

o Requirement of Mine Plan for Minor Minerals:At present, most of the State Governments have not made it mandatory for preparation of mining plan in respect of minor minerals except in few states like Rajasthan. These should specifically include the provision for reclamation and rehabilitation of mined out area, progressive mine closure plan and post mine land use.

o Mining of minor minerals, in our country, is by and large unorganized sector and is practiced in haphazard and unscientific manner. At times, the size of the leasehold is also too small to address the issue of reclamation and rehabilitation of mined outs areas.. There is thus, a need to create a separate corpus, which may be utilized for reclamation and rehabilitation of mined out areas on the basis of `polluter pays' principle. An organizational structure may also need to be created for undertaking and monitoring these activities.

o Detailed hydro-geological report should be prepared in respect of any mining operation for minor minerals to be undertaken below groundwater table to put restrictions on depth of mining from case to case basis.

o Environment damage being caused by unregulated river bed mining of sand, bazari and boulders needs strict moniroring w.r.t seasonality of extraction and place of mining and should be restricted to 3 m depth.

The State of Haryana and various other States have not so far implemented the above recommendations.

17

Page 18: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Chapter 5 Conclusion: Finding Common Ground

Historical and ongoing conflict between mining mineral reserves and conserving environmental resources will continue to exist even in future as India’s forests, mineral bearing areas, major riversheds, tribal habitat regions and most backward regions overlap significantly. However, by adopting some management practices, these conflicts can be significantly toned down in the interest of sustainable development.

Risk assessment of sitting industries

o Categorize mineral resources at state level into high and low risk groups based on environmental and social sensitivities. Categorization should be based on impacts like pollution levels, water quality, health indicators in area which include potential and ongoing impacts of mining activity.

o Using powers vested in Environment Protection Act, 1986, extend go-no go categorisation and exclude them from mining consideration and disclose criteria used for categorisation.

o Re-assessment of risks associated with existing lease for mid-course correction.

o Periodic update of social and environment risk database update at national, state and district levels.

Proactive and Regional EIAs

o In last decade, given the increasing number of critically polluted areas either due to industrial sector or due to mining sector. These regional EIAs have been commissioned more as a reactive management study than proactive planning strategy. Goa has been advised to commission NEERI to undertake such comprehensive EIA of mining activities in state.

o Assessment and Updating Health of Forest/ PA’s health before and during the life cycle of mining and strict enforcement of ‘ Precautionary Principle’ & ‘ Polluter Pays principle’.

A Swiss challenge is a form of public procurement in some (usually lesser developed) jurisdictions which requires a public authority (usually an agency of government) which has received an unsolicited bid for a public project (such as a port, road or railway) or services to be provided to government, to publish the bid and invite third parties to match or exceed it.Some Swiss challenges also allow the entity which submitted the unsolicited bid itself then to match or better the best bid which comes out of the Swiss challenge process.It is a form of regulating public procurement.

18

Page 19: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

Adopt Swiss Competitive Challenge & Open sky exploration policy

It is an alternative selection process wherein third parties shall be invited to submit comparative/ superior proposals to an unsolicited proposal (1st exploring agency in this case) submitted by a private entity. Accordingly, the private sector entity that submitted the unsolicited proposal is accorded the right to match any superior offers given by a comparative private sector participant.

Various governments are mooting this idea for inviting better terms and conditions w.r.t environmental governance in mining areas.

Institutional innovations

o Critical and continuous monitoring of standards followed by mining companies by integration of Remote Sensing and GIS, geo-hydrological studies with participation from local community, civil society and environment firms.

o Since small producers, miners sell 'up the value chain' to buyers who are larger and thus may well be easier for the state to monitor and thus to regulate. The larger actors could induce environmental compliance from small miners by sharing more surplus in bargaining in exchange for shifts in miner behavior that lessen larger actors' regulatory liabilities. As consumers, small-scale miners value public goods such as improved property rights and local infrastructure. Therefore, they might be willing to monitor each other's individual compliance if the level of public goods provided rises with total regional compliance

o Channelizing CSR funds in environmental regulation monitoring in forest areas

Incentives to Public Servants especially Forest officers to enhance vigil and report cases of non-compliance by mining companies

Class action lawsuit in environmental cases can go a long way in ensuring compliance of laws by authorities as well as industries.

19

Page 20: Elective Report - Mining Versus Environmental Laws Scenario Worldwide - Savita

References

1. PRESERVATION VERSUS PRIVATE RIGHTS: MINING IN THE NATIONAL PARKS AND FORESTS, Glen G. Kizer, Dean K. Hunt; Fordham Environmental Law Journal, 1997

2. http://www.theguardian.com/environment/2014/sep/03/mining-threat-northern- europe-wilderness-finland-sweden-norway

3. A New Look at Mining and the Environment: Finding Common Ground, Frank T. Manheim, Geotimes

4. Institutional Innovations for Environmental Governance when Monitoring is Limited: the Case of Small-scale Gold Mining, Luz A. Rodriguez, (Duke University) et al.

5. ..6. ..7. ..8. ..9. ..

20