Chief Minister Conrad Sangma today cited existing court rulings and prevailing laws related to mining and environmental clearance as the reasons for strictures on small-scale mining of sand, boulders, or other minor minerals in Meghalaya.
Sangma highlighted that due to interpretations by the Supreme Court and the Meghalaya High Court, no exemptions could be granted for small-scale mining of sand, stones, or other minor minerals from laws and rules governing mining lease based on prior environmental clearance.
“Considering the existing laws on the matter which are in force in Meghalaya perhaps no exemption could be made in favour of small scale mining of sand, stones and any other minor mineral from the operation of these statutes for the purpose of securing mining lease based on prior environmental clearance,” Sangma told the Assembly today.
He was replying to a motion on “Problems faced by the local small scale sand and stone mines in the State” brought recently by VPP legislator Ardent M. Basaiawmoit.
Sangma however said that all steps would be taken to expedite granting mining lease or quarry permit to applicants who approach the Forest and Environment Department for the same.
He also informed that the officials of the Forest and Environment Departmental would be instructed to assist such applicants in helping them fill the relevant applications besides explaining to them the procedure involved for applying for such mining permits.
The chief minister said that in view of complete embargo on any form of mining of minor minerals in the State without due process of law by the Meghalaya High Court in the rulings passed in 2015, the State government with an intent to open the avenue for mining of minor minerals in accordance with the applicable statutes, has notified the Meghalaya Minor Minerals Concession Rules, 2016 in exercise of powers conferred on it under Section 15 of Mines and Minerals (Development and Regulation) Act, 1957.
Sangma also told the House that because no exemption was provided under the provisions of Mines and Minerals (Development and Regulation) Act, 1957 for traditional small scale mining from the ambit of the Act, therefore the Meghalaya Minor Minerals Concession Rules, 2016 also could not provide any exemption clause in respect of small scale mining of sand, stones and limestone in the traditional manner of mining.
Sangma said since there was no provision for exemption for traditional mining of sand, stones either under Meghalaya Minor Minerals Concession Rules, 2016 or under the Mines and Minerals (Development and Regulation) Act, 1957, the State government could not exempt their operation without any quarry permit or lease being granted under the provisions of the Meghalaya Minor Minerals Concession Rules, 2016.
“The Meghalaya Minor Minerals Concession Rules necessitate preparation of mining plan, environmental clearance, pollution clearance under Air and Water Pollution Acts respectively, clearance by District Council authorities etc,” he said.
Sangma said that currently, to facilitate local sand mining, Rule 4 of Meghalaya Minor Minerals Concession Rules, 2016 has been amended by the State government through a notification issued on July 4, 2022.
According to the chief minister, the rules as they stood prior to amendment had prohibited mining any form of minor mineral within a distance of 100 meters from any water body which had prevented sand mining applicants from applying for quarry permit for river sand.
“In view of the current amendment, the applications for grant of mining lease or permit for mining sand are entertainable and applicants could be helped with grant of quarry permit for mining of river sand,” he said.
