National Mineral Policy 2006 - Department of Mines

such as agriculture, housing, industry, mining, etc. In October 1992, guidelines were issuedunder the FCA, detailing the terms and conditions subject to which diversion could beallowed. One of the essential conditions was that the user agency would adequatelycompensate for forest loss by raising compensatory afforestation in non-forest land ofequivalent area.3.21 As per the FCA guidelines, all mining, including underground mining, requires priorapproval of the Central government (MOEF). The FCA applies not only to the surface areathat is used in mining but also to the underground mining area beneath the forest. Renewal ofan existing ML in a forest area also requires prior approval of the Central government. Theguidelines provide that prospecting of any mineral done under a PL granted under theMMDR Act, 1957 that requires collection/removal of samples from the forest land would betreated as a stage between survey and investigation (reconnaissance) and grant of ML and,therefore, permission under FCA would be required. However, test drilling upto 10 boreholes of maximum 4 inches diameter per 100 sq. km for prospecting, without felling of trees,did not attract the provisions of the FCA. In all other cases involving drilling of bore holes,prior permission of the Central government under the FCA would be required. It has beenclarified that the permission to survey, explore, or prospect would not ipso facto imply anycommitment on the part of the Central government for grant of a ML in forest land. However,such a stipulation militates against the seamless transfer dispensation that the Committeewould like to promote to attract investment into mining. The Committee would, therefore,propose that the conditionality for environmental clearance for eventual grant of ML may bespelt out in advance and a prospector who meets the conditionality may be assured of FCAclearance eventually. The essential difference between a mining intervention and otherinterventions is that the miner eventually leaves the land and can recreate or even improveupon the forest as it existed before commencement of operations. The guidelines also providethat:(i)Investigations and surveys carried out in connection with development projects such astransmission lines, hydro-electric projects, seismic surveys, exploration for oil drilling, min ing,etc. will not attract the provisions of the Act as long as these surveys do not involve any clearingof forest or cutting of trees, and operations are restricted to clearing of bushes and lopping of treebranches for purpose of sighting.(ii)If, however, investigations and surveys involve clearing of forest area or felling of trees, priorpermission of the Central Government is mandatory.79