NGT notice to MoEF on freeing up green clearance for sand mining

MoEF given two weeks to respond to activist's plea to quash move to set up district level panels to evaluate mining projects

The principal bench of the National Green Tribunal issued notice to the Ministry of Environment and Forests (MoEF) on Tuesday against its policy to decentralise granting of environmental clearances for mining of sand and other minor minerals.

The MoEF has been allowed two weeks to respond to a plea raised by an environment activist seeking the quashing of notifications to amend the 2006 Environmental Impact Assessment notification and establishment of district level panels for evaluation of such projects.
    
According to the notifications issued, the districts will decide on granting environmental clearances for lands up to five hectares for individual leases and up to 25 hectares in clusters. State departments are to decide on clearances up to 50 hectares, while the ministry will evaluate requests for larger areas.

To facilitate the new regime, each district administrative department has been asked to constitute a four-member District Environment Impact Assessment Authority (DEIAA), which will be chaired by a district magistrate or district collector of the region.

To assist these DEIAA’s the ministry has also formed eleven-member District Level Expert Appraisal Committee’s (DLEAC’s) for each district.

The present application has challenged the composition of these DEIAA’s and DLEAC’s, contending that the members of the bodies lack the requisite environmental expertise and knowledge, as they are primarily comprised of only administrative posts.

The plea has also argued that the present decentralisation process, with its lack of adequate safeguards and exemptions from requirements of public hearing (for lands under 25 hectares), violates the environmental clearance procedure enshrined under the Environment Protection Act 1986.

The tribunal has listed the matter for further hearing on November 2.