Presentation on
“Various Statutory Clearances/Permissions
required for a Green Field Coal Mining Project”
Anup kumar Rai
1
List of Various Permissions/Clearances
required for a Green Field Coal Mining Project
Description of
Statutory Issuing /approving
Sl.No Permissions/
Provisions Authority
Clearances
1 Prospecting License MM(D&R) Act, 1957 State
Government/MoEF
2 Mining Plan and Mine Mineral Concession Standing committee
Closure Plan Approval Rules, 1960 MoC,GOI
3 Mining Lease MM(D&R) Act, 1957 I & C dept.State
Government
4 Land Acquisition Land Acquisition State Government
Act,1894
5 Forestry Clearance Forest( Conservation) MoEF, GOI.
Act, 1980
22
List of Various Permissions/Clearances
required for a Green Field Coal Mining Project
Continued -
Description of Issuing
Sl.No Permissions/ Statutory Provisions /approving
Clearances Authority
9 Approval For Explosive Pre-requisite for EC Chief controller
Magazine Indian Explosives Act, 1884 of Explosives
(PESO),
Nagpur
10 Electrical power supply Pre-requisite for EC State Electricity
Electrical (Supply) Act, Board
1948 & IE Act ,1910
11 Project specific Pre-requisite for EC Concerned State
permissions like /Central Govt.
diversion of Roads, Departments
power lines, canals
44 and nallahs etc
List of Various Permissions/Clearances
required for a Green Field Coal Mining Project
Continued -
Description of Issuing
Sl.No Permissions/ Statutory Provisions /approving
Clearances Authority
12 Environmental Environment Protection MoEF, GOI.
Clearance Act, 1986 & EIA
Notification ,2006
13 Consent for Water (P&C of Pollution) State Pollution
Establishment Act, 1974 and Air (P&C of Control Board
Pollution) Act, 1981
14 Approval for storage Petroleum Rules,1976 Chief controller of
of HSD Explosives
(PESO), Nagpur
15 Approval for Wireless The Indian wireless Ministry of
Communication telegraphy Act,1933 Information &
55 Broadcasting
List of Various Permissions/Clearances
required for Green Field Coal Mining Project
Continued -
Issuing
Description of Statutory
Sl.No /approving
Permissions/ Clearances Provisions
Authority
16 DGMS permissions CMR,1957 DGMS
17 Permission for opening of Coal Controller Coal
coal seam Rules, 2004 Controller,
Kolkata
66
1.Prospecting License
Under provisions of Section 4 of MM(D&R), Act, 1957.
Permission under section 1.3 of FC Act,1980 is required -FL involved.
– Metallic ores, Coal & Lignite 8.0” Dia 10 Sq.km 20 BH
– Non Metallic ores 6.6” Dia 10 Sq.km 16 BH
(Provisions of FC Act does not attract for above cases)
Detailed exploration is needed for preparation of G.R.
State Govt. grants License with previous approval of Central Govt.
License validity Minimum 3 years and Maximum 6 years.
Prospecting license shall not be more than 500 Sq. Km.
77
2.Mining Plan and Mine Closure Plan
Under provisions of Rule 22(4) of Mineral Concession Rules,1960.
The Mine Closure Plan also part of Mining plan.
Mining Plan is required for Optimum extraction of coal reserves.
Approval Authority- MOC.
Pre-requisites – Geological Report and Feasibility report.
Recognized qualified person will prepare and sign the Mining plan.
Presentation by RQP before Standing Committee.
Mining company shall open an ESCROW account.
88 Validity period -life of the project
3.Mining Lease
Under provisions of section 5 & 6 of MM(D&R) Act, 1957.
Pre- requisites – Approved MP.FC,EC and CFE.
Approving authority -I & C Dept. (GoAP).
Submission of application to ADMG .
Site inspection by ADMG and forward to ZJDMG.
ZJDMG to DMG - I & C Dept. (GoAP).
GOAP Forward to MoC for prior approval.
Submission of Lease deed on stamp papers and ADMG issues work
order.
Validity period -30 years (Fresh) and 20 Years (Renewal).
99
4.Acquisition of Land (Private)
Submission of requisition to L.A.O for acquisition.
SD survey and attestation of SDR by AD(S & LR).
Submission of revised requisition.
Joint inspection by L.A.O,EE(R&B) & EE(Irrigation).
Deposition of 80% of the funds.
L.A.O to prepare draft DN & DD and submission to Collector for
approval.
Publication of DN & DD in Gazette & News papers.
Award of enquiry and submission of PV statement for approval of
Collector.
Deposition of funds.
Passing of Award and handing over of land by LAO.
10
4.Acquisition of Land(Govt.)
Submission of requisition to District Collector.
District collector shall endorse the application to RDO for SD survey.
Inspection by RDO and fix the market value and submits to
Dist.Collector.
Finalise the market value and submit proposal to Govt. through CCLA
for sanction.
In case of Lease/Alienation, company to pay Lease rent/Market
value.
In case of Assigned land, company to deposit money for payment of
exgratia.
CCLA forward proposal to Govt. for approval.
Govt. to approve.
Collector issue proceedings of Lease/Alienation.
11
5.Forest Clearance
Under the provisions of section 2 of FC Act,1980
Pre –requisite Certificate from D.C under RoFR,Act ,2006.
Approving authority –MoEF
Requisition to Nodal officer -forwarding to DFO.
Site inspection and preparation of CA scheme by DFO and forward to CF.
CF conduct site inspection - PCCF -State Govt. (EFS &T).
State Govt to MoEF, New Delhi - MoEF,Bangalore for inspection.
Inspection report to MoEF, New Delhi and Consideration by FAC.
GOI issue stage-I clearance (In principal approval).
Submission of compliance report for stage-I clearance conditions.
NPV charges ,CA scheme, CA land ,Afforestaion 100 m radius & De
silting of tanks
MoEF issue stage-II clearance (Final approval).
Deposit of Extraction charges and handing over of land by DFO.
12
6.Wildlife Clearance
Under the provisions of Wildlife (Protection) Act,1972.
Pre –requisites –Recommendation of CWW &SWLB.
Projects located in core and buffer areas of the Wildlife
Sanctuaries / National parks / Biosphere Reserves from
– Supreme Court of India -Core Zone
– Standing Committee on National Board For Wildlife-Buffer Zone.
DFO-CF-CWW-SWLB-State Govt –SC on NBWL.
Project area falls 10 km of Wildlife Sanctuaries / National parks /
Biosphere Reserves a specific condition is stipulated by MoEF that
EC is subject to prior clearance from wildlife angle.
13
7. Rehabilitation & Resettlement plan
R&R should be as per the provisions of GO Ms.No.68 dated 8.4.2005
and as amended from time to time.
R&R is applicable, if a Project displaces 25 or more families enmass
in Scheduled areas or 100 or more families enmass in plain areas
from their lands and or houses.
For implementing the R&R, State Govt. appoints an Officer not below
the Rank of Joint Collector as Administrator for R&R.
Notifies the Project Area as Affected Zone after satisfying that the
Project is attracting the provisions of above said GO.
14
7. Rehabilitation & Resettlement plan
Continued -
Administrator undertakes Socio-Economic Survey (SES) and
identifies eligible PAFs/PDFs and prepares draft R&R Plan.
The draft R&R Plan is discussed in the Gram Sabha and after
approval of R&R Plan by District Collector, the same is published in
the District Gazette and implemented by Administrator with the funds
deposited by Project proponent.
Project Affected People (PAPs) are consulted in preparing R&R Plan
and while implementing the same.
15
8. Ground Water Clearance
Ground Water Clearance is pre-requisite for Environmental
Clearance.
GW Clearance issued by State GWD/CGWD.
Application and preliminary Hydrological report of the project is to
be submitted to Director, State GWD/CGWD.
Hydro geologists from above department make field investigations
and submit report based on Ground water potential of area for
drawl and usage of water.
Field investigation charges to be paid by project proponent.
Director ,State Ground water Department issues GW Clearance.
16
9. Approval For Explosive Magazine
The license is granted to storage and use of explosives from
Magazine in Form-22 of explosives Rules,1983.
Applicant should submit required documents to CCE (Petroleum and
Explosives Safety Organization), Nagpur for approval for construction
of proposed Magazine.
NoC from District Magistrate for site location.
After approval of the drawings by CCE (PESO), Nagpur, construction
facilities in the proposed premises starts on receipt of NoC .
After completion of construction facilities, submission of drawings and
other required documents by the applicant to CCE (PESO),Nagpur
for grant of license.
Inspection of Magazine by the officer of the PESO and Grant of
17 license by CCE (PESO),Nagpur.
10. Electrical power supply
Application to concerned DISCOM regarding power supply from near
by feeder.
Payment of demand charges as per the demand by DISCOM
Approval from Chief Electrical Inspector about substation
layout ,transformer and switch Gear along with drawing as per
IER,1956.
Payment for drawing and Payment of inspection charges.
Inspection of Chief Electrical Inspector /other officials from his office.
Issue of Safety clearance certificate by Chief Electrical Inspector
Submission of Safety Clearance certificate to DISCOM
Issue of order for drawing of power
18
11. Project Specific Permissions
The following project specific permissions required.
• Diversion of Public Roads - R&B/NHAI/PWD
• Diversion of Canals – I & CAD
• Diversion of Nallahs/Streams - I & CAD/CWC
• Diversion of Pipelines – RWD/PWD
• Diversion of OHT lines - DISCOM
19
12.Environmental clearance
Under EP Act & Rules ,1986 and EIA Notification ,2006.
Pre requisites –FR,MP,ML,FC, GWC,Magzaine permission, power supply
agreement ,Flora &Fauna certificate and Land acquisition certificate
Approving authority Category A: MoEF and B:SEAC
Application in Form-I and Pre –Feasibility report submitted to MoEF.
Presentation before EAC and MoEF will issue TOR (Validity 2 Years).
Environmental Baseline Data collection in and around the project up to 10
KM radius.
Based on the TOR, the project proponent should prepare a Draft
Environmental Impact Assessment / Environmental Management Plan.
20
12.Environmental clearance
Continued -
Public Hearing should be conducted through SPCB (Notification+
Presentation by Proponent + Recording of Minutes).
After PH, Final EIA / EMP and Questionnaire for Mining projects
should be prepared addressing all the issues raised during the
public consultation and comments of the project proponent.
Submission of Final EIA / EMP along with Project Feasibility
Report.
Presentation on Final EIA/EMP to EAC.
MoEF will issue the EC (Validity is 30 years).
21
13. Consent For Establishment
Under section 21 of Air (P & C of P) Act,1981 and section 25 of water
(P&C of P) Act,1974.
Pre-requisite –EC and Approving Authority- SPCB
Prescribed application form along with consent Fee submitted to
E.E,Regional Office,SPCB.
E.E, SPCB inspect the site and forward to Member Secretary ,SPCB.
Presentation before CFE Committee.
CFE issued by Member Secretary ,SPCB-Validity(5 years)
CFO obtained during operation from SPCB
22
14. Approval for storage of HSD
The license in Form-XIV under the of petroleum Rules,1976 is
granted to storage and use of Petroleum .
Applicant should submit required documents to CCE (PESO),Nagpur
for approval for construction of proposed petrol Pump .
Approval of the drawings by CCE (PESO), Nagpur for construction
facilities in the proposed premises.
After completion of construction facilities, submission of drawings and
other required documents by the applicant to CCE (PESO),Nagpur
for grant of license.
Grant of license by CCE (PESO),Nagpur.
23
15. Approval for Wireless communication
Submission of Community Radio Station (CRS) application to CRS
Cell, Ministry of Information & Broadcasting, Govt. of India (MolB,
Gol).
Clearance from Ministries and security check - by various ministries
of Gol, including Civil Aviation, Defence, Home affairs,
Communication.
Presentation to screening committee - to panel of Govt. and civil
society representative at MolB in New Delhi.
Issue of Letter of Intent (Lol) by MolB, Gol.
Application for SACFA (Standing Advisory Committee on (Radio)
Frequency Allocation) clearance and frequency allocation - within a
month of Lol issue Wireless Planning & Coordination Wing (WPC),
24 Dept. of Telecommunication & Information Technology, (MoCIT),
15. Approval for Wireless communication
Continued -
• Issue of SAFCA clearance and frequency by WPC.
Application for Grant of Permission Agreement (GoPA) to MolB with
frequency in hand.
Issue of GoPA by MolB, Gol - sign this within a month of issue
Application for Wireless operating License (WoL) to WPC, DoT,
MoCIT
Issue of WoL by WPC, DoT, MoCIT
Commencement of CRS operations - within 3 months of signing of
GoPA.
25
16. DGMS permissions
The following permissions required from DGMS
Notice of opening of Mine under Reg.3 of CMR, 1957
Mining Permission under Reg.98 (1) & 98 (3) of CMR, 1957
Mine Boundary Reg. 107(1) of CMR, 1957
Permission for the use of SMS/SME under Reg. 161(1) & 168(5) of
CMR, 1957
Using of Equipment Reg.181 of CMR, 1957
Preparation of code of practices and submission for approval.
26
17. Permission for opening of Coal Seam
Application in prescribed format to be submitted to The Coal
Controller, Ministry of Coal, Kolkata for permission for opening of
coal seam.
Following statutory clearances should be submitted along with
application.
– Approval of project report
– Approval of mining plan
– Land acquisition Actual surface right
– Mining lease
– Forest clearance
– Ground water clearance
– Environmental clearance
– DGMS clearance
27 – Consent For Establishment
Conclusion
Major challenges in timely development of Greenfield coal block are
related to critical issues like Land acquisition, Environmental and
Forestry clearance, Rehabilitation and Resettlement of PAF’s
Concept of Single window clearances is needed – By way of
formation of inter ministerial / inter department group who shall be
authorized to deal with such clearances in a time bound manner.
Creation of infrastructure in the initial stages of mine development is
a big challenge particularly where the adjoining blocks (if any) have
not been developed.
State Govt. should take lead for creation of common facilities like
Rail, Road etc.
Clear Time Frame, Accountability and transparency to each
Clearance procedure.
28
Thank you
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