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LATEST NEWS UPDATES | Government eases public hearing rules for legacy mining cases -Mayank Aggarwal

Government eases public hearing rules for legacy mining cases -Mayank Aggarwal

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published Published on Mar 19, 2021   modified Modified on Mar 23, 2021

-India.Mongabay.com

* In its latest decision, the Indian government’s ministry of environment has come out with an order to help a certain category of mining projects avoid public hearing while seeking environment clearance.
* This decision is mainly for projects which were granted environment clearance under environmental impact assessment notification 1994 after a public hearing was conducted.
* But experts note that public hearings should be understood as a critical tool for good governance and an important process for mining-affected communities, who may be suffering from non-compliance of mandatory environmental safeguards in mining projects.

Indian government’s environment ministry has come out with an order with which the mining industry can avoid public hearing for projects which were granted environment clearance under the Environmental Impact Assessment (EIA) notification 1994.

Under India’s environmental laws, industrial projects such as mining, highways, power plants, dams are granted environment clearance after a detailed process involving public hearing and an appraisal by expert committees.

Once the Environment (Protection) Act 1986 came into force, such projects were first brought under regulation through EIA notification 1994 which was then updated with the EIA notification 2006 to reflect the required changes. In 2020, the central government came up with a draft 2020 version which has, so far, been controversial and ended up in court seeking wider public consultations.

Now, in February 2021, the Union Ministry of Environment, Forest and Climate Change (MoEFCC) has come out with an order that seems to make operations easier for the legacy mining projects.

The ministry’s February 16 order highlighted that its April 2018 order enabled those “whose environmental clearance under was granted EIA notification 1994 and was considered as valid for five years, to apply for environment clearance under EIA notification 2006.”

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India.Mongabay.com, 19 March, 2021, https://india.mongabay.com/2021/03/government-eases-public-hearing-rules-for-legacy-mining-cases/


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