Bengaluru: In November, the Union environment ministry released an additional set of guidelines to states and Union territories to “streamline” the approval process of proposals filed by mining companies to undertake surveys and exploratory drilling in forest areas.
The latest “additional” guidelines from the Union environment ministry have now given a timeline for the entire process of approvals being given to agencies for such surveying and exploration.
As per the new guidelines, a nodal officer – authorised by a state or Union territory – who receives these proposals from companies will be able to grant permission within 45 days to undertake such surveys and exploratory drilling in forest areas if it involves cutting less than 100 trees in the survey area.
And once the nodal officer grants this permission to an agency, the divisional forest officer of the area has to allow them to undertake the survey.
This demand by the Union environment ministry of states and Union territories, is, however, an “overreach”, environment policy experts told The Wire. Wildlife and forest conservation, and permitting such projects on forest land, is first the state’s jurisdiction and not the Union government’s, they said.
What the additional guidelines say
A survey, as per the newly-implemented Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 (formerly the Forest Conservation Act, 1980 (FCA)), is “any activity to be taken up prior to initiating commissioning of a project or any activity undertaken for the purpose of exploring, locating or proving mineral deposits including coal, petroleum and natural gas before carrying out actual mining in the forest land, that includes survey, investigation, prospecting, exploration, including drilling therefor, etc.”
The latest additional guidelines developed by the Union environment ministry say that a divisional forest officer will have to record his observations and recommendations (as well as compensatory levies in exchange for permitting the survey) regarding a survey proposal within a month of receiving it from a user agency or mining company.
Then, within 15 days, a nodal officer – authorised by a state or Union territory – “shall give permission” to the proposal via the Union environment ministry’s online portal, Parivesh.
Over the next 15 days, the user agency will have to submit whatever compensatory levies are required for the project, and deposit it in the state’s Compensatory Afforestation Fund Management and Planning Authority account.
And once the nodal officer grants permission to a user agency, the divisional forest officer of the area has to allow them to undertake the survey.
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What prompted the Union environment ministry to develop such a quick timeline, or “streamlining” process for such survey proposals?
The ministry’s letter that lists these guidelines say that the ministry examined the issue after letters – from the Indian government’s Ministry of Mines (DO No. M.I-403/2020-Mines I dated 3.09.2024) and the secretary general of the Federation of Indian Mineral Industries (letter No. A/MOEFCC/24/301 dated 28.10.2024) – requested the ministry “to streamline the approval process of proposals pertaining to surveys and exploratory drilling” in forest areas.
The Wire reached out to the secretary general of the Federation of Indian Mineral Industries asking why there was a need to “streamline” the process. No response has come in so far, and this story will be updated as soon as The Wire receives one.
As per the Union environment ministry, states and Union territories should take these guidelines into consideration while considering proposals exempted under subsection 2 of Section 2 of the Adhiniyam (which pertains to surveys and exploratory drilling being exempt from forest clearance).
But let’s take a closer look at this subsection. This is what subsection 2 of Section 2 of the Adhiniyam says:
“The Central Government may, by order, specify the terms and conditions subject to which any survey, such as, reconnaissance, prospecting, investigation or exploration including seismic survey, shall not be treated as non-forest purpose.”
This, ironically, means that the Union government has the power to categorise a survey to be “not treated as non-forest purpose” – which essentially means that it can be categorised as being undertaken for forest purposes.
This subsection was introduced only in 2023 when the Union environment ministry overhauled the FCA and replaced it with the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, Debadityo Sinha, who leads the Climate and Ecosystems Initiative at the Delhi-based Vidhi Centre for Legal Policy, told The Wire.
Scientists, conservationists, policy experts and politicians had raised numerous concerns regarding the amendment of the FCA in 2023; however, the amendment was pushed through in what many of these groups have called an “undemocratic” process.
And surveys and exploratory drilling not being treated as a “non-forest purpose” – and thus being exempted from forest clearances – was one of them.
How the Adhiniyam changed the FCA
One of the terms and conditions in subsection 2 subject to which surveys may be not treated as being for non-forest purposes was that surveys being undertaken in forest lands for developmental projects such as hydro-electric projects, establishment of wind energy farms, transmission lines and railway lines “shall not be treated as non-forest purpose” if they do not involve any breaking of forest or cutting of trees, and if the operations are restricted to clearing bushes and lopping tree branches.
Another was that such surveys for mining – involving drilling bore holes and digging trenches – in forest lands would not be seen as a “non-forest purpose” if they involved the felling of up to 100 trees in the entire areas proposed for survey, drilling up to 25 boreholes of four inches in diameter per 10 square kilometres, or 80 shot holes of six inches in diameter per square kilometre in case of seismic surveys.
But any survey that required more than 100 forest trees to be cut, or more bore or shot holes to be drilled, would require the prior approval of the Union government.
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In their official submission to the joint parliamentary committee on the amendment in May 2023, the Vidhi Centre for Legal Policy recommended that this entire subsection be deleted from the amendment.
They argued that exempting these surveys and explorations from the need for forest clearance from the Union government was “not in keeping with the purpose of the FCA, which is conservation of forests”.
“Exemption of permission for conducting such surveys will open the floodgates for conducting surveys for purely commercial activities like mining. Some of these surveys or investigations might require drilling/digging of surface, clearing of vegetation, levelling of ground, creating access roads and producing high decibel noise or use of light at night or any other activity which might be detrimental to the wildlife and the ecosystem,” the report, submitted by Vidhi’s High Level Working Group, noted.
The working group comprised 18 experts across the fields of conservation, ecology, environment and policy including Sinha, M.K. Ranjitsinh and Asad Rahmani.
‘Definitely an overreach’
“The other issue is that this is a violation of the National Forest Policy of 1988,” Sinha told The Wire.
The preamble of the National Forest Policy, 1988 states that the “serious depletion” of forests in the country was due to several reasons, including the “tendency to look upon forests as revenue earning source”.
As per Section 2.2 of the Policy:
“The principal aim of Forest Policy must be to ensure environmental stability and maintenance of ecological balance including atmospheric equilibrium which are vital for sustenance of all lifeforms, human, animal and plant. The derivation of direct economic benefit must be subordinated to this principal aim.”
“The Forest Policy clearly states that any commercial activity should be secondary to the ecosystem and its conservation,” Sinha told The Wire.
Moreover, wildlife and forest conservation, and permitting such projects on forest land, is first the state’s jurisdiction and not the Union governments, Sinha said.
“Yes, this is definitely overreach by the [Union] government,” he added.
“The secondary point is, if the state gives permission, then it is not illegal. But should the state give permission? What if you find oil there? What then?” Sinha asked.
