The first-ever guidelines to check and monitor illegal sand mining in the country have been unveiled by India’s Ministry of Environment, Forests and Climate Change (MoEFCC). These directives, released along the Sustainable Sand Management Guidelines for 2016, aim at more effective enforcement of regulatory conditions and tracking their implementation. In a scenario where both sets of guidelines clash, the latest will supersede.
Background
The Mines and Minerals (Development and Regulation) Act, 1957 grants state governments the authority to curtail illegal mining, transportation, and storage of minerals. However, rampant cases of unauthorized mining have triggered losses not only in terms of revenue but also impacting the environment adversely. It also highlights the peril faced by officers enforcing these provisions.
Legal Framework Around Mining in India
The legal framework for mining in India is outlined in the Constitution. As per Entry 23 of List II (State List), state governments can claim ownership of minerals found within their territories. Similarly, Entry 54 of List I (Central List) empowers the central government to own minerals within the Exclusive Economic Zone of India (EEZ).
The Mines & Minerals (Development and Regulation) Act 1957 was formed in compliance with these constitutional provisions. It also helps the Central Government classify certain minerals as ‘minor’, with absolute powers resting with the state government for regulating these ‘minor’ minerals which include building stones, ordinary clay, ordinary sand.
Enforcement and Monitoring Guidelines for Sand Mining 2020
The 2020 guidelines aim at effective monitoring of sand mining from identification of sources to its dispatch and usage. It envisions uniform protocol across the country, ensuring transparent processes, constant vigilance using drones and night-vision technology, and mandatory audits of river beds. It also encourages states to establish dedicated task forces for enforcement.
Key Facts About Sand Mining
| S.No. | Fact |
|---|---|
| 1 | New guidelines provide a uniform protocol for sand mining across India |
| 2 | It encourages constant monitoring using drones, including night-vision technology. |
| 3 | Emphasizes transparent processes like online sales and purchases of sand and other riverbed materials. |
| 4 | Instructions for states to create designated task forces at district levels for rigorous enforcement. |
| 5 | No riverbed mining allowed during monsoon, to avoid adverse impacts. |
Procedure for Comprehensive DSRs
According to the Sustainable Sand Mining Guidelines, 2016, it is vital to prepare District Survey Reports (DSR) before granting a mining lease. However, these reports, often lacking in detail, left room for illegal activities. The 2020 guidelines address this issue by providing a detailed procedure for the creation of DSRs, even creating an inventory of river bed material and other sand sources in districts. Hence, the new set of guidelines is anticipated to put an end to unauthorized mining activities effectively.