Legal procedure and factor for getting an EIA report in a Mining project and its short--coming.Presented by :-Himanshu Goyal(2013TT10932)Anmol Deepak (2012EE20504)

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Content

▪ 1. Factors for the EIA report in mining projects(Me)▪ 2. How to proceed for such an assessment (Me)▪ 3. Legal requirements▪ 4. Shortcoming of above process.▪ 5. Conclusion▪ 6. Bibliography

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1. Factor to be considered for an EIA report in a Mining project.

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1.Factor to be considered for an EIA report in a Mining project.

▪ 1. Land use/ Landscape▪ 2. Socio-economic▪ 3.Water resources/hydrology ▪ 4. Water quality ▪ 5. Air pollution, Noise and vibrations ▪ 6. Ecology (flora & fauna)▪ 7.Public health and safety

All the images in the background of this ppt are related to mining industry and are mostly taken from short book title “Environmental Impact Assessment Procedure forMining Projects in Finland” or a result of open goolge search the link of the book is given in the notes section of PPT

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1. Land-scape

▪ During mining and post-mining phases drastic changes in landscape with landforms take place. The major associated impacts are soil-erosion, loss of top soil, change in complete geology, creation of huge dumps & voids, disposal of wastes, deforestation etc.

▪ Ecological importance of the proposed area and all the possible factor which will get affected due to purposed project.

▪ Overburden analysis and selective procedures for handling requirements.

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2. Land Use:-▪ Impact on land use during the pre mining phase i.e. the removal

of vegetation and resettlement of displaced population. ▪ To ensure land use changes happen in an optimal way so that impacts

are minimised and land is reclaimed as soon as possible with predetermined land use patterns and landscape considerations.

▪ To minimise the impacts on the local population with provision of environmental benefits to local people.

▪ For Vedanta project nearly 1.2 lakhs of trees was to be cut down and 7 square Km of land to be occupied and used for the course of 23 years.

Image showing mining work in State elephant reserve.

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3. Socio-economic

▪ The major beneficial impacts of mining projects are change in employment & income opportunity, infrastructure, medical facilities etc.

▪ The major adverse impact, however, is the displacement and rehabilitation/resettlement of affected people including change in culture, heritage & related features.

▪ For employment, displaced persons to be given preference in recruitment to category in concerned company

▪ Since R&R is very sensitive issue, utmost care should be taken in its effective implementation while involving the actual displaced persons. While initiating R&R measures, care should be taken to ensure to the extent possible, that the traditional life style of local people is not disturbed.

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4. Hydrology/water resources

▪ The major adverse impacts are changes in ground water flow patterns, lowering of water table, changes in the hydrodynamic conditions of river/underground recharge basings, reduction in volumes of subsurface discharge to water bodies.

▪ The bauxite-bearing soils have a highly porous structure that gives them an increased capacity for water retention. These hill-top bauxite-containing soils are sources of perennial water and are crucial for ensuring a continuous water supply in low rainfall seasons

▪ Provision for creation of stored water bodies be made by putting up the pumped out mine water in these. This can provide excellent recharging facility and ensure proper quantity of available water in league with National Water Policy Wherever possible grouting may be done to prevent particular water bodies.

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5. Water Quality

▪ What are the water pollution due to erosion, oil & grease, contamination of water bodies due to discharge of mine water/effluents, pollution from domestic & sewage effluents, sedimentation of rivers and other stored water bodies, leachates from wash-off from dumps, solid waste disposal sites, broken rocks, toxic wastes, salinity from mine fires, acid mine drainage etc.

▪ Sedimentation can be checked by providing various engineering measures and stabilising dumps etc.

▪ Collection/storage of leachates, seepages, wash-offs with subsequent treatment

▪ Proper sanitation and provision of domestic and sewage effluents treatment▪ Treatment of mine water discharges.

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6. Noise and Vibrations,

▪ The major adverse impacts during pre-mining and mining phases are generation of obnoxious levels of noise & vibrations which also spread in neighbouring communities.

▪ Use of silencers/mufflers in HEMM, ▪ Use of noise insulating enclosures.▪ Location of residential/resettlement colonies away from

noise generating sources.

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7. Air pollution

▪ The major adverse impact is the high intensity of dust nuisance problems such as visuals, soiling and degradation of materials etc. The major sources activities of dust emissions are drilling & blasting.

▪ All the possible effluent from industry should be mentioned and more consideration is given to air pollution if mining area has a refinery also.

▪ Consolidation of haul roads & other roads should be sprayed with suitable chemical additives for effective check of dust emissions.

▪ Provision for regular air quality monitoring at all the possible effected sites should be done.

▪ Should adhere to Air pollution act 1981.

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8. Flora and Fauna

▪ The major adverse impacts due to pre-mining and mining phases are loss of habitat, biodiversity, rare flora & fauna, fisheries & other aquatic life, migration of wildlife and overall disruption of the ecology of the area. During post-mining phase after land restoration, ecology may effectively improve.

▪ Providing environmental (wildlife) corridors to link adjacent habitat where mining is to be carried out in such sensitive afforested areas.

▪ Suitable design of greenbelts/shelter beds with selected species should be provided which can also respond to attenuate dust, gaseous emissions and noise levels.

▪ Should adhere to the wildlife protection act 1972.

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Flora before mining flora after mining start

Decomposition of flying ash on wheat crop

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9. Public Health and safety

▪ Various respirable and water-borne diseases are cause of concern for public health and safety in mining areas due to high intensity dust nuisance

▪ Risks and hazards arise mainly from blasting and mine occupational activities and are well established. Blasting may effect the mine workers as well as people residing in the vicinity of mine and dependent upon the type & quantity of explosives used.

▪ These include mock safety drill during blasting, stabilisation of dumps and fencing of hazardous areas

▪ As a result of better sanitation, medical facilities and other infrastructural facilities, there is likelihood of the reduction in disease. However, regular medical check up of employees particular those put on risky and occupational hazards should be done periodically

▪ The Public Liability Insurance Act, 1991

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10. Monitoring

▪ Each mining company including at project level usually identify within its setup a Department/Section/Cell with trained personnel to take up the model responsibility of environmental management as required for planning and implementation of the projects.

▪ To ensure that no impacts are in excess of standards▪ To check the predictions made in EIA ▪ To facilitate identification of any unidentified impacts and

make provisions for their mitigation.▪ Total water usage, waste water generated and waste

water recycled,Noise level ,SOx and NOx Emission shall be monitored.

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11.Public Consultation

▪ The public also has an important role to play in EIA. The concerned persons will be invited through press advertisement to review information and provide their views on the proposed development requiring environmental clearance

▪ In this the concerns of local affected persons is ascertained with a view to taking into account all the material concerns in the project or activity design as appropriate.

▪ After completion of the public consultation, one shall address all the environmental concerns expressed during this process, and make appropriate changes in the draft EIA.

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2. How to get an EIA (Step By step)

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Steps For getting an EIA

1.Screenin

g

2.Scoping

3.Collecting Base

Line Data

4. Impac

t Prediction

5. Assessme

nt of alternativ

es

6.Preparati

on Of EMP and

EMI

7. Public hearin

g

8. Decisi

on Making

9. Monitoring the post

performance

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1.IDENTIFY projector ACTION

2. Screening

3. EIA NOT REQUIRED

4. EIA REQUIRED

5. SCOPING TERMS OF REFERENCE PREAPRED

6. DRAFT EIA

7. Feasibility Studies , BASELINE STUDIESIMPACT STUDIES 8. Final EIA

submition9.DECISION OR/and ENVIROMENTAL CLEARANCE

10. PROJECT REJECTED

11. PROJECT APPROVED

12. PROJECT IMPLEMENTATION OR MONITORING

13.Administrative review

0. Public hearing and participation

Public hearing in various step of an EIA

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3. Legal Requirments

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▪ Specified activities in forest areas are controlled under this act.

▪ Use of forest land for mining and other non-forestry purposes is not encouraged.

▪ Clearance for such activities are difficult to obtain

The Forest Conservation Act,1980

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The Water (prevention and control of pollution) Act, 1974

▪ The investor intending to set up an industry is required to apply to the SPCB to obtain a CFE and then CFO.

▪ Consent (permission) is granted for limited period of time.S.No. List of Parameters Units Standard

1 Colour and Odour -- All efforts should be made to remove colour and unpleasant odour as far as

practicable.2 Suspended Solids mg/l 100.03 Particle size of Suspended Solids -- Shall pass 850 micron IS Sieve4 pH value -- 5.5 to 9.05 Temperature -- Shall not exceed 5 oC above the

receiving water temperature.

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▪ This act is similar to Water Act 1974.▪ In a state where water pollution board is already

established these boards are combined to form SPCBs.

The Air Act,1981

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NATIONAL AMBIENT AIR QUALITY STANDARDS

PollutantTime

Weighted Average

Concentration in Ambient Air (g/m3)Standard

Industrial Area

Residential, Rural & Other Areas

Sensitive Areas

Sulphur dioxide (SO2)

Annual Average* 80 60 1524 Hours** 120 80 30

Oxides of Nitrogen (NOx)

Annual Average* 80 60 1524 Hours** 120 80 30

Suspended Particulate Matter (SPM)

Annual Average* 360 140 7024 Hours** 500 200 100

Respirable Particulate Matter (Size less than 10 microns)

Annual Average* 120 60 5024 Hours** 150 100 75

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PollutantTime

Weighted Average

Concentration in Ambient Air (g/m3)Standard

Industrial Area

Residential, Rural & Other Areas

Sensitive Areas

Lead (Pb) Annual Average* 1.0 0.75 0.5024 Hours** 1.5 1.0 0.75

Carbon monoxide (CO)

8 Hours 5000 2000 10001 Hour** 10000 4000 2000

Ammonia Annual Average* 100 100 10024 Hours** 400 400 400

NATIONAL AMBIENT AIR QUALITY STANDARDS

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Environment Protection Act and Rules, 1986

▪ This Act was enacted to provide for the protection and improvement of environment.

▪ It is considered necessary to prevent the hazards to human beings, other living creatures, plants and property.

▪ This act gave birth to many acts▪ This act call for procedural requirements for – Obtaining Environmental Clearance; and – Submission of Environmental Statement.

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The Public Liability Insurance Act, 1991

▪ purpose is to provide immediate relief to the persons affected by accident occurring while handling any hazardous substance and for matters connected therewith or incidental thereto.

▪ Where death or injury to any person (other than a workman) or damage to any property has resulted from an accident, the owner shall be liable to give such relief as is specified in Schedule for such death, injury or damage.

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4.Shortcomings of above process

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▪ The donor agencies like the World Bank and the Asian Development Bank grant environmental clearance for the projects that are directly funded by these agencies through a different set of requirements .

▪ The procedural formalities have created an obtrusive ineffective process resulting in political and corporate interest creating a form of green tapism in the clearance procedure.

▪ Reduced Public participation.▪ Exclusion of Panchayats in public hearing panels.▪ Local governance bodies is excluded from consulting in

the matter of policy and decision making process.

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▪ Railways and irrigation projects impact the environment but excluded from EIA 2006.

▪ Due to deficiency of reliable data sources and the credibility of the primary data attenuated the concept of quality EIA reports.

▪ Creates inefficiency and abuse of power because of freedom to take decision was granted to bureaucracy without any safeguards and accountability.

▪ Corrupt, prejudicial and ineffective decisions by the bureaucratic stranglehold.

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6. Biblography :-1.Supportive review The-Lanjigarh-Development-Story-Vedanta-Perspective.pdfhttp://www.vedantaaluminium.com/pdf/The-Lanjigarh-Development-Story-Vedanta-Perspective.pdf

2. Critic review Saxena Vedanta http://envfor.nic.in/sites/default/files/Saxena_Vedanta-1.pdf

3.new_guide_for_environmental_impact_assessment_procedure_for_mining_projects.pdf”https://www.tem.fi/files/42872/New_guide_for_environmental_impact_assessment_procedure_for_mining_projects.pdf

4. “environmentalimpactassessmentofminingprojects-17-03-09-120119100359-phpapp01.pdf” http://s3.amazonaws.com/ppt-download/haribonbiodive-110613095259-phpapp01.pdf?response-content disposition=attachment&Signature=5chSkuEdMvpgokyEWeMwSbDiF3k%3D&Expires=1457170763&AWSAccessKeyId=AKIAJ6D6SEMXSASXHDAQ

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Biblography :-

5. “Guide Book for evaluating mining project” https://www.elaw.org/files/mining-eia-guidebook/Full-Guidebook.pdf6. “Report for Process of getting an EIA” http://

envfor.nic.in/divisions/iass/eia/Chapter1.htm

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