This PPT is about the factor that one need to consider for getting an EIA in mining project.This report describe all of the above factor for vedanta mining project EIA report with through analysis given in notes section. It also describe the various laws that one need to compile with in Indian Scinerio.And finally analyse the shortcoming of the procedure and the flaws in it.
EIA Procedure and Legal Requirements for Mining Projects
1. Legal procedure and
factor for getting an
EIA report in a Mining
project and its short-
-coming.
Presented by :-
Himanshu Goyal(2013TT10932)
Anmol Deepak (2012EE20504)
2. Content
▪ 1. Factors for the EIA report in mining projects(Me)
▪ 2. How to proceed for such an assessment (Me)
▪ 3. Legal requirements
▪ 4. Shortcoming of above process.
▪ 5. Conclusion
▪ 6. Bibliography
2
3. 1. Factor to be considered for
an EIA report in a Mining
project.
3
4. 1.Factor to be considered for an EIA
report in a Mining project.
▪ 1. Land use/ Landscape
▪ 2. Socio-economic
▪ 3.Water resources/hydrology
▪ 4. Water quality
▪ 5. Air pollution, Noise and vibrations
▪ 6. Ecology (flora & fauna)
▪ 7.Public health and safety
All the images in the background of this ppt are related to mining industry and are mostly taken from short book title “Environmental Impact Assessment Procedure for
Mining Projects in Finland” or a result of open goolge search the link of the book is given in the notes section of PPT
4
5. 1. Land-scape
▪ During mining and post-mining phases drastic changes in landscape with
landforms take place.The major associated impacts are soil-erosion, loss of top
soil, change in complete geology, creation of huge dumps & voids, disposal of
wastes, deforestation etc.
▪ Ecological importance of the proposed area and all the possible factor which will
get affected due to purposed project.
▪ Overburden analysis and selective procedures for handling requirements.
5
6. 2. Land Use:-
▪ Impact on land use during the pre mining phase i.e. the removal of vegetation
and resettlement of displaced population.
▪ To ensure land use changes happen in an optimal way so that impacts are minimised
and land is reclaimed as soon as possible with predetermined land use patterns and
landscape considerations.
▪ To minimise the impacts on the local population with provision of environmental
benefits to local people.
▪ ForVedanta project nearly 1.2 lakhs of trees was to be cut down and 7 square Km of
land to be occupied and used for the course of 23 years.
Image showing mining work in State elephant reserve. 6
7. 3. Socio-economic
▪ The major beneficial impacts of mining projects are change in employment & income
opportunity, infrastructure, medical facilities etc.
▪ The major adverse impact, however, is the displacement and
rehabilitation/resettlement of affected people including change in culture, heritage
& related features.
▪ For employment, displaced persons to be given preference in recruitment to
category in concerned company
▪ Since R&R is very sensitive issue, utmost care should be taken in its effective
implementation while involving the actual displaced persons.While initiating R&R
measures, care should be taken to ensure to the extent possible, that the traditional
life style of local people is not disturbed.
7
8. 4. Hydrology/water resources
▪ The major adverse impacts are changes in ground water flow patterns, lowering of
water table, changes in the hydrodynamic conditions of river/underground recharge
basings, reduction in volumes of subsurface discharge to water bodies.
▪ The bauxite-bearing soils have a highly porous structure that gives them an increased
capacity for water retention.These hill-top bauxite-containing soils are sources of
perennial water and are crucial for ensuring a continuous water supply in low rainfall
seasons
▪ Provision for creation of stored water bodies be made by putting up the pumped out
mine water in these.This can provide excellent recharging facility and ensure proper
quantity of available water in league with National Water Policy Wherever possible
grouting may be done to prevent particular water bodies.
8
9. 5. Water Quality
▪ What are the water pollution due to erosion, oil & grease, contamination of water
bodies due to discharge of mine water/effluents, pollution from domestic & sewage
effluents, sedimentation of rivers and other stored water bodies, leachates from
wash-off from dumps, solid waste disposal sites, broken rocks, toxic wastes, salinity
from mine fires, acid mine drainage etc.
▪ Sedimentation can be checked by providing various engineering measures and
stabilising dumps etc.
▪ Collection/storage of leachates, seepages, wash-offs with subsequent treatment
▪ Proper sanitation and provision of domestic and sewage effluents treatment
▪ Treatment of mine water discharges.
9
10. 6. Noise and Vibrations,
▪ The major adverse impacts during pre-mining and mining phases are
generation of obnoxious levels of noise & vibrations which also spread in
neighbouring communities.
▪ Use of silencers/mufflers in HEMM,
▪ Use of noise insulating enclosures.
▪ Location of residential/resettlement colonies away from noise generating
sources.
10
11. 7. Air pollution
▪ The major adverse impact is the high intensity of dust nuisance
problems such as visuals, soiling and degradation of materials etc.
The major sources activities of dust emissions are drilling & blasting.
▪ All the possible effluent from industry should be mentioned and
more consideration is given to air pollution if mining area has a
refinery also.
▪ Consolidation of haul roads & other roads should be sprayed with
suitable chemical additives for effective check of dust emissions.
▪ Provision for regular air quality monitoring at all the possible effected
sites should be done.
▪ Should adhere toAir pollution act 1981.
11
12. 8. Flora and Fauna
▪ The major adverse impacts due to pre-mining and mining phases are loss of
habitat, biodiversity, rare flora & fauna, fisheries & other aquatic life, migration of
wildlife and overall disruption of the ecology of the area. During post-mining
phase after land restoration, ecology may effectively improve.
▪ Providing environmental (wildlife) corridors to link adjacent habitat where
mining is to be carried out in such sensitive afforested areas.
▪ Suitable design of greenbelts/shelter beds with selected species should be
provided which can also respond to attenuate dust, gaseous emissions and noise
levels.
▪ Should adhere to the wildlife protection act 1972.
12
13. Flora before mining flora after mining start
Decomposition of flying ash on wheat crop
13
14. 9. Public Health and safety
▪ Various respirable and water-borne diseases are cause of concern for public
health and safety in mining areas due to high intensity dust nuisance
▪ Risks and hazards arise mainly from blasting and mine occupational activities
and are well established. Blasting may effect the mine workers as well as
people residing in the vicinity of mine and dependent upon the type &
quantity of explosives used.
▪ These include mock safety drill during blasting, stabilisation of dumps and
fencing of hazardous areas
▪ As a result of better sanitation, medical facilities and other infrastructural
facilities, there is likelihood of the reduction in disease. However, regular
medical check up of employees particular those put on risky and occupational
hazards should be done periodically
▪ The Public Liability Insurance Act, 1991
14
15. 10. Monitoring
▪ Each mining company including at project level usually identify within
its setup a Department/Section/Cell with trained personnel to take up
the model responsibility of environmental management as required for
planning and implementation of the projects.
▪ To ensure that no impacts are in excess of standards
▪ To check the predictions made in EIA
▪ To facilitate identification of any unidentified impacts and make
provisions for their mitigation.
▪ Total water usage, waste water generated and waste water
recycled,Noise level ,SOx and NOx Emission shall be monitored.15
16. 11.Public Consultation
▪ The public also has an important role to play in EIA.The concerned
persons will be invited through press advertisement to review
information and provide their views on the proposed development
requiring environmental clearance
▪ In this the concerns of local affected persons is ascertained with a
view to taking into account all the material concerns in the project or
activity design as appropriate.
▪ After completion of the public consultation, one shall address all the
environmental concerns expressed during this process, and make
appropriate changes in the draft EIA.
16
18. Steps For getting an EIA
1.
Screening
2.
Scoping
3.
Collecting
Base Line
Data
4.
Impact
Predicti
on
5.
Assessment
of
alternatives
6.
Preparation
Of EMP
and EMI
7.
Public
hearing
8.
Decision
Making
9.
Monitoring
the post
performance
18
19. 19
1.IDENTIFY project
or ACTION
2. Screening
3. EIA NOT REQUIRED 4. EIA REQUIRED
5. SCOPINGTERMSOF
REFERENCE PREAPRED
6. DRAFT EIA
7. Feasibility
Studies , BASELINE
STUDIES
IMPACT STUDIES 8. Final EIA submition
9.DECISIONOR/and
ENVIROMENTAL
CLEARANCE
10. PROJECT
REJECTED
11. PROJECT
APPROVED
12. PROJECT
IMPLEMENTATIONOR
MONITORING
13.Administrat
ive review
0. Public
hearing and
participation
Public hearing in various step of an EIA
21. ▪ Specified activities in forest areas are controlled under this act.
▪ Use of forest land for mining and other non-forestry purposes is not
encouraged.
▪ Clearance for such activities are difficult to obtain
The Forest Conservation Act,1980
21
22. The Water (prevention and control of pollution) Act,
1974
▪ The investor intending to set up an industry is required to apply to the
SPCB to obtain a CFE and then CFO.
▪ Consent (permission) is granted for limited period of time.
S.No. List of Parameters Units Standard
1 Colour and Odour -- All efforts should be made to remove
colour and unpleasant odour as far as
practicable.
2 Suspended Solids mg/l 100.0
3 Particle size of Suspended Solids -- Shall pass 850 micron IS Sieve
4 pH value -- 5.5 to 9.0
5 Temperature -- Shall not exceed 5 oC above the receiving
water temperature.22
23. ▪ This act is similar toWater Act 1974.
▪ In a state where water pollution board is already established these
boards are combined to form SPCBs.
The Air Act,1981
26
24. NATIONAL AMBIENT AIR QUALITY STANDARDS
Pollutant Time
Weighted
Average
Concentration in Ambient Air (g/m3)
Standard
Industria
l Area
Residential, Rural &
Other Areas
Sensitive Areas
Sulphur dioxide
(SO2)
Annual Average* 80 60 15
24 Hours** 120 80 30
Oxides of
Nitrogen (NOx)
Annual Average* 80 60 15
24 Hours** 120 80 30
Suspended
Particulate
Matter (SPM)
Annual Average* 360 140 70
24 Hours** 500 200 100
Respirable
Particulate
Matter (Size less
than 10 microns)
Annual Average* 120 60 50
24 Hours** 150 100 75
27
25. Pollutant Time
Weighted
Average
Concentration in Ambient Air (g/m3)
Standard
Industria
l Area
Residential, Rural &
Other Areas
Sensitive Areas
Lead (Pb) Annual Average* 1.0 0.75 0.50
24 Hours** 1.5 1.0 0.75
Carbon monoxide
(CO)
8 Hours 5000 2000 1000
1 Hour** 10000 4000 2000
Ammonia Annual Average* 100 100 100
24 Hours** 400 400 400
NATIONAL AMBIENT AIR QUALITY STANDARDS
28
26. Environment Protection Act and Rules, 1986
▪ This Act was enacted to provide for the protection and improvement
of environment.
▪ It is considered necessary to prevent the hazards to human beings,
other living creatures, plants and property.
▪ This act gave birth to many acts
▪ This act call for procedural requirements for
– Obtaining EnvironmentalClearance; and
– Submission of Environmental Statement.
29
27. The Public Liability Insurance Act, 1991
▪ purpose is to provide immediate relief to the persons affected by
accident occurring while handling any hazardous substance and for
matters connected therewith or incidental thereto.
▪ Where death or injury to any person (other than a workman) or
damage to any property has resulted from an accident, the owner
shall be liable to give such relief as is specified in Schedule for
such death, injury or damage.
30
29. ▪ The donor agencies like theWorld Bank and the Asian Development
Bank grant environmental clearance for the projects that are directly
funded by these agencies through a different set of requirements .
▪ The procedural formalities have created an obtrusive ineffective
process resulting in political and corporate interest creating a form of
green tapism in the clearance procedure.
▪ Reduced Public participation.
▪ Exclusion of Panchayats in public hearing panels.
▪ Local governance bodies is excluded from consulting in the matter of
policy and decision making process.
33
30. ▪ Railways and irrigation projects impact the environment but excluded
from EIA 2006.
▪ Due to deficiency of reliable data sources and the credibility of the
primary data attenuated the concept of quality EIA reports.
▪ Creates inefficiency and abuse of power because of freedom to take
decision was granted to bureaucracy without any safeguards and
accountability.
▪ Corrupt, prejudicial and ineffective decisions by the bureaucratic
stranglehold.
34
32. Biblography :-
5. “Guide Book for evaluating mining project”
https://www.elaw.org/files/mining-eia-guidebook/Full-Guidebook.pdf
6. “Report for Process of getting an EIA”
http://envfor.nic.in/divisions/iass/eia/Chapter1.htm
36
Main Sources to be used in this URL’s are as follows :-
1.Supportive review
The-Lanjigarh-Development-Story-Vedanta-Perspective.pdf
http://www.vedantaaluminium.com/pdf/The-Lanjigarh-Development-Story-Vedanta-Perspective.pdf
2. Critics review
Saxena Vedanta
http://envfor.nic.in/sites/default/files/Saxena_Vedanta-1.pdf
3. “New_guide_for_environmental_impact_assessment_procedure_for_mining_projects.pdf”
https://www.tem.fi/files/42872/New_guide_for_environmental_impact_assessment_procedure_for_mining_projects.pdf
4. “environmentalimpactassessmentofminingprojects-17-03-09-120119100359-phpapp01.pdf”
http://s3.amazonaws.com/ppt-download/haribonbiodive-110613095259-phpapp01.pdf?response-content-disposition=attachment&Signature=5chSkuEdMvpgokyEWeMwSbDiF3k%3D&Expires=1457170763&AWSAccessKeyId=AKIAJ6
D6SEMXSASXHDAQ
5. “Guide Book for evaluating mining project”
https://www.elaw.org/files/mining-eia-guidebook/Full-Guidebook.pdf
Background image :- Showing effect of air Pollution on trees in mining area.
The PML (and the Niyamgiri Hills habitat) is highly productive in terms of wildlife since it provides the valuable ‘edge effect’ --to wild animals, with open grasslands as feeding space and neighbouring trees for shelter and escape.
Mining operations of the intensity proposed in this project spread over more than 7 square km would severely disturb this important wildlife habitat. The entire Niyamgiri hills will suffer major ecological damage if mining is allowed in the PML (purposed mining leage )area.
As many as 1,21,337 trees will have to be cut in case the mining lease is granted. Of these trees approximately 40 per cent would be in the mining lease area while the remaining 60 per cent would have to be removed to construct the access road and other mine related planned activities.
Several perennial springs flow from below the top plateau, which is a part of the proposed mining lease site.
It appears likely that the PML could be one of the main sources of Vamsadhara river which would make mining on this plateau a hydrological disaster.
The grasses are breeding and fawning ground for Four-Horned Antelope (Tetracerus quadricornis), Barking Deer (Muntiacus muntjac), as well as Spotted
Edge effect -- edge effects refer to the changes in population or community structures that occur at the boundary of two habitats
Violation of Forest Conservation Act , Violation of the Environment Protection Act (EPA) , Non-implementation of the Panchayats (Extension to the Scheduled Areas) Act (PESA) ,
Vedanta say:- “The aluminium industry is very labour intensive and aluminium production generates huge employment opportunities. A 350kt smelter, with matching upstream and downstream facilities, will generate direct employment for over 10,000-12,000 people with indirect employment for 30,000-36,000 people in associated
industries like transport, construction, power etc…
Not proper consideration is given in choosing land….
Opposition view :-The value of Niyamgiri hill forests as an important elephant habitat is well recognized; therefore this habitat has been included within the South Orissa Elephant Reserve.
Mining on the scale proposed in this habitat would severely disturb elephant habitats, and threaten the important task of elephant conservation in south Orissa. That mining causes severe disturbance to elephant habitats has already been demonstrated in Keonjhar district.
Vedanta view :- Lanjigarh was found to be close to natural deposits of bauxite that were gibbstic in form (and therefore required less energy intensive processing) and
by establishing a refinery here we could ensure that the direct and indirect economic benefits of extraction would not be felt in another part of the country.
It was established in the EIAs that by choosing to implement this project in Lanjigarh, we would be able to minimise the acquisition of forest land and
agricultural land. The area also provided good transport links to ports and inland by train
Nevertheless there were numerous studies conducted collaboratively between MoEF and the Orissa Mining Corporation outlining environmental and social impacts
separately including their resettlement and rehabilitation plan socio-economic studies of the Project Affected People (PAPs). The results of these studies have informed their decision making in many areas of this project, including action plans and mitigation measures.
Like giving food after burring them under your growth burden…!!!
The Niyamgiri hills are the sole habitat of this group whose distinctive identity is evident in their unique language, agro-forestry expertise, social structure, and religious practices. At least 1453 Dongaria Kondh (20 per cent of the total population of the community numbering 7952 as of the 2001 census) live in villages in and around the Forest Blocks of the proposed mining lease area.
Job to the member of the family but only one -- >
The mining operations will destroy significant tracts of forest lands. Since the Dongaria and Kutia Kondh are heavily dependent on forest produce for their livelihood, this forest cover loss will cause a significant decline in their economic well-being.
Their cultivation lands lie in close proximity to the PML area. Mining-related activities such as tree-felling, blasting, the removal of soil, road building, and the movement of heavy machinery will deny them access to their lands that they have used for generations
Vedanat view :- Kalahandi is one of the most under-developed areas of the country and the Government of Odisha (GoO) looked to industry as a way of alleviating poverty in the area.
And provide the basic emmunity for better sol (stand. Of living )
• water supply system
• electricity supply for black start
• laying more than 16km of railway line
• large site grading cost due to rocky terrain
• high logistical cost for equipment and machineries
• no connectivity with the state or national highway
As is well known, Kalahandi is one of the most drought-prone districts in the country and thus water in streams and rivers in this district is a precious commodity .
It appears likely that the PML could be one of the main sources of Vamsadhara river which would make mining on this plateau a hydrological disaster.
The decision to source water from the Tel river instead of the Vamshadhara
came as a result of careful consideration of the impact the project would have
on the local communities’ water resources (usage as a function of percentage
of extracted water of total flow during lean season).
Water quality that Is going out should be controlled.
The Water (Prevention and Control of Pollution) Act, 1974 as amended from time to time
(Water Act)
ii) The Water (Prevention and Control of Pollution) Cess Act, 1977, as amended (Water Cess Act)
Noise casuse irritation
HEMM – heavy earth moving and mining..
The Air (Prevention and Control of Pollution) Act, 1981 as amended (Air Act).
iv) The Environment (Protection) Act, 1986 (EPA)
In this also there is some consiparcy like Dust wasn’t counted as pollutant and not all the sites were sampled
There is insufficient discussion and justification of design criteria for the red mud and fly ash ponds, and the exact location of expanded ponds is not specified
Vedanta response :-
Dust as a source of pollution is included in the EIA for the refinery under the name SPM – i.e. suspended particular matter that over 10 microns in diameter.
Odour, as mentioned
• using railways for freight as much as possible to reduce the number of lorries required in operations
• the installation of dust suppression systems such as electro static precipitators, industrial vacuum cleaning
systems, dry fog systems, bag filters, etc
• our greenbelt development programme, which has involved the planting of 300,000 native varieties of saplings
variety in and around our operations to reduce the impact of dust.
The Wildlife (Protection) Act, 1972 as amended
vi) The Forest (Conservation) Act, 1980 as amended
Given that more than 1.21 lakh trees have to be felled; and since the number of shrubs and large herbs in a rich tropical forest are at least thrice the number of trees, it can be reasonably concluded that more than 3.63 lakh shrubs and ground level flora would also be cleared under the project.
2. Providing environment corridor to the habitant
Green belt for enviroment
Various community work was done in this. Like making hospital and school to educate people and training camp was also organize for skill development.
Total water usage, waste water generated and waste water recycled shall be
monitored;
• Ground water quality monitoring and water level monitoring
• Continuous monitoring of SPM, SO2, NOX and CO is proposed.
• Characteristics of water in the central sump shall be monitored to check
compliance with the wastewater discharge standard for land application;
• Ambient air quality will be monitored for SPM, RPM, SO2, NOX,CO and Pb at
locations prescribed by MoEF or OPCB; and
• Noise level within the plant at the noisy areas and at various points at the
plant boundary will be monitored to check compliance with relevant ambient
and work area noise level standards.
In the Vedanta case a public voting has happened and 7 out of 11 voted against Vedanta and the project was shut down.
Source : -http://envfor.nic.in/divisions/iass/eia/Chapter1.htm
1. Screening : -Screening is done to see whether a project requires environmental clearance as per the statutory notifications. It is true for all mining project.
2. Scoping :- Scoping is a process of detailing the terms of reference of EIA. It has to be done by the consultant in consultation with the project proponent and guidance, if need be, from Impact Assessment Agency.
3. Collecting Base line data :- Collecting the existing environmental status of the identified study area. The primary data should be monitored for the identified parameters in scoping process.
4. Impact Prediction :- Impact prediction is a way of the mapping environmental consequences of the significant aspects of the project and its alternatives. Should take care all possible consequences and precaution.
Min factor include :- Air, water, Land ,Biological, Socio-economic.
5. Assessment of Alternatives :- All the possible alternatives of current should be identified with environment impact compared.
Alternatives should consider no project option also.
Alternatives should then be ranked for selection of the best environmental option for optimum economic benefits to the community at large
A mitigation plan should be drawn up for the selected option and is supplemented with an Environmental Management Plan (EMP)
An EIA report which should provide clear information to the decision-maker on the different environmental scenarios without the project, with the project and with project alternatives is to be prepared. Uncertainties should be clearly reflected in the EIA report.
Public Hearing :- Any one likely to be affected by the proposed project is entitled to have access to the Executive Summary of the EIA. They are to be given an opportunity to make oral/written suggestions to the State Pollution Control Board
Decision Making :- Involves Consultation between the project proponent (assisted by a consultant) and the impact assessment authority. The decision on environmental clearance is arrived at through a number of steps including evaluation of EIA and EMP.
Monitoring the post performance :- Should be done during both construction and operation phases of a project. This is not only to ensure that the commitments made are complied with but also to observe whether the predictions made in the EIA reports were correct or not
This Act introduced the State Pollution Control Boards to grant Consent For Establishment (CFE) and Consent For Operation (CFO) to the industries.
Consent For Establishment (CFE)
Consent For Operation (CFO)
(Spcb) : state pollution control board
Table is for waste water discharge std.
The main Rules pertinent here are indicated below:
The Hazardous Waste (Management and Handling) Rules, 1989 (with amendments upto 2000);
Environmental Impact Assessment Notification; and
Public Hearing Notification