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DETAILS OF THE AUTHORS

Author 1

1. Name: Mohd Yasin


2. Institution: Faculty of Law, Jamia Millia Islamia, New Delhi
3. Designation: Student
4. Address: Johri Farm, Near Jamia Nagar, New Delhi-110025.
5. Email: yaseenk316@gmail.com
6. Contact No: +91-9648594449

Author 2

1. Name: Anmol Chitranshi


2. Institution: Faculty of Law, Jamia Millia Islamia, New Delhi
3. Designation: Flat No. 308, Gaur Enclave-II, C-348A, Shalimar Garden Ext. II,
Sahibabad, Ghaziabad, U.P. 201005.
4. Email: anmolchitranshi@gmail.com
5. Contact No: +91-9654995984

TITLE OF THE PAPER: -

SUSTAINABLE MINING IN VIEW OF RECENT LEGISLATIVE ENACTMENTS


ABSTRACT

Mining practice is perennial and new techniques have constantly been applied to simplify
mining operations. Mining has a very significant impact on the economic, social and
environmental fabric of the adjoining areas. In terms of mineral production, India stands on 11th
rank among the mineral producing countries wherein it is one of the largest exporters of iron ore,
chromite, bauxite, mica, manganese etc. Although it can be argued that mining activities bring
about economic development in the area but it also can’t be denied that it causes land
degradation, contamination of water bodies, intoxication of air, etc. which consequently create
ecological and socio-economic problems. Mining adversely affects the ecosystem as a whole. It
is important to conduct suitable assessments to understand the potential adverse impact of
mining on flora and fauna. Therefore, any adverse and undesirable impact can be sensed out in
the planning stage itself so that precautionary and corrective measures conducive to sustainable
mining may be taken in advance. In essence, the paper initially emphasizes on the legal
regulatory mechanisms governing the pre-operational phase of mining and its applicability in the
country’s present scenario.

In view of the current situation, mining plan in India has undergone many changes with
the passage of time with regard to the format and design of the Mining Plan. For instance,
recently, Mines & Minerals (Development & Regulation) Amendment Act, 2015 was enacted
and regulations like Mineral Concession Rules 1960 and Mineral Conservation and Development
Rules 1988 were repealed. The Mineral Conservation and Development Rules 2017 were formed
with effect from 27th February, 2017 as it was necessary to re-look and re-design the templates
and format of Mining Plan keeping the latest legal changes in mind.

Therefore, the paper in the later part highlights the problems of post-mining phase along
with several examples wherein the mined-area is left out untreated, therefore causing pollution in
various aspects. It also critically analyzes that there is no explicit provision with regard to
regulatory mechanism to tackle with the post-mining phase in the above mentioned recent
enactments of 2015 and 2017. Thus, the solution to the problem starts with the awareness
regarding the environmental concern. A vigilant system must also be professed and incorporated
wherein every mine manager or a person-in-charge should keep a checklist giving essential
information on environmental controls, as envisaged in the various mining lease conditions of
the Government of India and Environment Management Plan. Frequent review of this
information may enable identification of the site-specific environmental issues at the mine.
Moreover, an action plan for minimizing the adverse effect from environmental impact due to
proposed mining activity should be prepared. This shall also include the rehabilitation of the
mining area. Therefore, the paper concludes on a suggestive and recommendatory note as to the
incorporation of regulatory mechanisms of dealing with pre-mining and post-mining operations
leading to sustainable mining.

Keywords:- Regulatory framework, Untreated, Pollution, Minimizing, Adverse Effect