National Mineral Policy 2006 - Department of Mines

7.89 After the delisting of ilmenite as a Prescribed Substance, DAE has proposed that sincein the new dispensation there will be no licensing by DAE and since the work of radiationmonitoring has to continue, the Ministry of Mines should obtain licence/NOC from AERBunder the Atomic Energy (Radiation Protection) Rules, 2004 before granting approval of theCentral Government (as required for First Schedule, Part C minerals). According to theproposal of DAE, the MLs to be issued by the state governments must be subject toconditions imposed by AERB. This procedure is necessary to enable AERB to examine theproposals on a case-by-case basis and work out appropriate guidelines for tailings disposalfor each proposal as part of the licence issuing process. Further, possible radiation exposures,both external and internal, have to be evaluated by AERB while examining proposals for useof the tailings in road construction, civil construction, etc. Such applications should beforwarded by the state government to AERB. DAE maintains that it is difficult to haveeffective post closure control/surveillance over waste disposal practices and thereforesufficient safeguards have to be put in place. Some of the radio nuclides in the tailings have along half-life and the lease given to the operators may be of comparatively shorter durations.When the operation of a private sector facility ceases, the operator may close down thefacility and abandon the premises. In such cases, the authority issuing ML/industrial licencemust be in a position to take over the responsibility of the facility as well as the site that hadbeen subjected to the tailings disposal, if so specified by AERB. Appropriate mechanisms toensure this capability need to be put in place.7.90 It has been recommended in paragraph 7.76 that the three titanium bearing BSMscould be put in Part C of the First Schedule, so that approval by the Ministry of Mines isnecessary before any licence for prospecting or mining is granted. Irrespective of the positionin this regard, the current arrangement in respect of clearances under the Forest ConservationAct (1980) and the Environment Protection Act (1986) could be quite easily followed inrespect of these BSMs. All concessions are issued by the state governments subject to theapplicant obtaining the requisite clearances from the concerned authorities under the abovementionedstatutes. In this case also, the state governments should be required to issue thelicenses/leases subject to the applicants obtaining clearances under the Atomic Energy(Radiation Protection) Rules, 2004 and under the Atomic Energy (Safe Disposal ofRadioactive Wastes) Rules, 1987 from AERB. As recommended in paragraph 2.14 in respectof forest and environmental clearances, the PL/ML applicant could apply simultaneously tothe AERB to obtain the clearance from the radiation point of view. Further, states should be181