River/Stream Bed Mining Policy Guidelines
for the State of
Himachal Pradesh
1.Key element
Crushed stone, gravel and sand are one
of the largest non-fuel mineral commodities by tonnage produced in Himachal Pradesh, supplying some of the most important construction
materials. Further, average unit value of crushed stone, sand and gravel
is one of the lowest of all mineral commodities.
This production of aggregate in a
particular area is a function of the availability of natural resources,
the size of population, the economy of the area and various developmental
and infrastructural works being undertaken in the area like road
construction, hydro-electric projects etc. Further, being a low- value,
high-volume mineral commodity,
the prices are dramatically affected by
transportation distances. If the distances increase, the transportation
cost may increase much more than the cost of the aggregates.
A
stable river is able to consistently transport the flow of sediments
produced by watershed such that its dimensions (width and depth) pattern and
vertical profile are maintained without aggrading (building up) or degrading
(scouring down)
The amount of boulders, cobbles, pebbles and sand deposited
in riverbed equals to the amount delivered to the river from watershed and
from bank erosion minus amount transported downstream each year.
2. Concern
The Himalayas and its foothills are a treasure house of the minerals being exploited by human beings since times immemorial. With the advent of society, the methods of the extraction of the minerals became more and more mechanized which resulted in extraction of the minerals at a pace much faster than the pace at which the nature
could meet itself with such a situation to recover from the onslaughts of human beings. It brought into sharp focus the conflict between development and conservation, which served to emphasize the need for reconciling the two into the larger interest of the society
3.Vision
In Future River bed mining will be allowed in environmental friendly manner:-
It has become clear that short- term benefits must be weighted and balanced against the resulting long-term effect of resource depletion and decline in the state of the environment. This has arisen from :-
Increasing evidence of potential problems
from over- extraction of river/stream beds, and
The community increasing demand on and expectation of , the river system
Therefore, in future Riverbed mining should be based on the principle of sustainable development.
4. Policy Statement
The State of Himachal Pradesh through the implementation of State Policy on River /stream bed mining, wishes: -
to support an appropriate and environmental friendly utilization of natural resources of the rivers;
to contribute to the conservation of the beauty and cleanliness of the rivers of Himachal Pradesh;
to minimize the risk of channel erosion and the subsequent damage to private and governmental property.
5. Principles
River natural resources must be utilized for the benefit of the present and future generation;
It is the responsibility of all sectors to maintain the river resources of the state and to ensure that it is prudently managed and developed;
Awareness is essential for ensuring the protection of river natural resources and for the proper utilization of riverbed material.
6. Objective
To ensure
Scientific and systematic mining;
Conservation of minerals;
Protection of environment and ecology;
Proper replenishment of River beds;
Proper protection of River banks;
Protection of soil erosion;
Protection of bridges and other structure etc;and
Checking of illegal mining.
7.Overview
Riverbed mining in Himachal Pradesh
The total number of parts of riverbeds presently identified for auction in the State of Himachal Pradesh are about 300 and out of this about 110 parts of river beds are under operation. In addition, about 156 leases in river beds have been granted for the establishment of stone crushers and about 14 leases have been granted for setting up
of screening plants/hollow blocks units. In total about 47.3 Sq.Km (i.e 0.085% of the State) area is involved in river/stream bed mining.
Based on conservative estimate, approximately 35 lakh tonnes of sand, gravel and boulders are extracted annually from river/streams to meet the demand of road construction, bridges, building material, engineering requirements for flood controls, maintaining water supply intake points, retaining walls, hydroelectric projects etc.
Based on these about 260 number of stone crushers, 14 no of screening- cum- hollow block units have been established in the State. Apart from generating Rs. 2.8 crore of direct revenue it has generated direct/indirect employment to about 20000 persons in far-flung areas of the state have also been provided.
8.Legislations
· The Himachal Pradesh Minor Mineral (Concession) Revised, Rules, 1971
· The Mines and Mineral (Development and Regulation) Act, 1957
· The Mineral Concession Rules,1960
· The Forest Conservation Act, 1980
· The Forest Conservation Rules, 1981
· The Environment Protection Act ,1986
· The Environment Protection Rules,1986
· The Himachal Pradesh Mineral Vesting of Rights Act,1983
· The Himachal Pradesh Mineral Vesting of Rights Rules,1989
9. Strategies
To achieve the objectives of the State River/Stream bed mining, following are the strategies and actions.
9.1 Strategy 1
Review of legislation
To ensure systematic and scientific mining, few amendments shall be required in Himachal Pradesh Minor Mineral (Concession) Revised) Rules, 1971 particularly with reference to:-
9.1.a. To ensure systematic and scientific mining the provisions of Mining cum Environment Management Plan shall be incorporated in the Himachal Pradesh Minor Minerals (Concession) Revised Rules, 1971.
9.1.b. To ensure proper replenishment and to avoid deep mining of the area, leases over larger areas i.e. more than 10 hectare shall be encouraged.
9.1.c. To ensure systematic mining by way of proper planning, replenishment and reclamation of the area, the period of lease shall be 5 years. Extension can be considered only after Joint Inspection by Sub-Divisional Committee and keeping in view its recommendations, depending upon the availability of raw material and requirement of mineral based industry.
In addition to this, the provision for continuity of working after expiry of lease period, in conformity with rule 24A(6) of the Mineral Concession Rules, 1960 shall also be incorporated, which reads as: -
"If an application for renewal of a mining lease made within the time and is not disposed of by the State Government before the date of expiry of the lease, the period of that lease shall be deemed to have been extended by a further period till the State Government passes order thereon"
9.1.d. In conformity with Section 6(1)(c of The Mines and Mineral (Development and Regulation) Act, 1957, provision shall be made in the Himachal Pradesh Minor Minerals (Concession) Revised Rules, 1971 to grant lease in relation to area which is not compact or contiguous to avoid degradation of the larger area.
9.1.e. To ensure proper implementation of the policy, provisions of Minimum Security amounting to Rs 25,000 for an area of 10 hectares and if the area involved is more, additional security based on pro-rata percentage for additional area, shall be made in the Himachal Pradesh Minor Minerals (Concession) Revised Rules, 1971
9.1.f. For Checking of illegal mining
The Himachal Pradesh Minerals (Prevention of Illegal Mineral Transportation & Storage), Rules are being framed. The salient features of the proposed Rules are
1. Compulsory registration of dealers;
2. To prevent illegal mining and storage of mineral;
3. No transportation of mineral without transit pass;
4. Penalty upto Rs twenty five thousand rupees for illegal transportation and storage of minerals.
9.1.g. Powers have already been delegated to Executive Magistrates within their jurisdiction to seize any mineral raised by any person without any lawful authority or any tool, equipment, vehicle or any other thing brought on the land for the purpose, under Section 21 of Mines and Minerals (Development and Regulation) Act 1957.
Following Sub- Divisional Level Flying squad has already been constituted vide notification No Udyog ( Chh) 7-3/90 dated 11/3/93 and revised vide notification no. Udyog ( Chh) 7-3/90 dated 20/11/93
· Sub-Divisional Magistrate Chairman
· Assistant Conservator of Forest Member
· Deputy Superintendent of Police or
his representative having local jurisdiction Member
The above committee is authorized to requisition the relevant record from the office of Mining Officer and the services of Mining Officer and his staff for the purpose of carrying out such inspections.
Power shall also be delegated to other members of Sub-Divisional Level Flying Squad under section 21 of Mines and Minerals (Development and Regulation) Act 1957.
In a phased manner power shall also be delegated to Forest Guards for checking of illegal mining in forest area, under the provisions of the Mines and Mineral (Development and Regulation) Act, 1957 as has already been done in case of District Kullu vide notification no. Ind(B) F (6) 5/2003 dated 17/9/2003
Compounding of illegal mining and transportation cases shall be done in exceptional cases and that too by charging minimum compounding fee of rupees five thousand and no compounding shall be done if the offence is repeated by the same person, and case shall be lodged in appropriate court of law.
9.1.h. For checking of unhealthy competition, excessive and indiscriminate mining in river beds, following changes in the auction procedures shall be made in the Himachal Pradesh Minor Minerals (Concession) Revised Rules, 1971
· The auction shall be done as per the recommendations/approval of the Sub- Division Level Committee as mentioned in para 9.6.2.
· Annual review of auctioned areas shall be done by the Sub- Divisional Level Committee;
· Some beds will be kept vacant on rotation basis for proper replenishment.
9.1.i. For checking of excessive mining in river/stream beds, provisions shall be made in rules to ensure that no boulders, cobbles and hand broken ballast are transported outside the state.
9.1.j. To discourage the selective mining and for proper utilization of waste, provisions for sale of sand/river borne bajri and crusher-dust from the leases granted for establishment of crusher shall be made in the Himachal Pradesh Minor Mineral (Concession) Revised Rules, 1971.
9.2 Strategy 2
District Level River/Stream Bed Mining Action Plan
The action plan for River/Stream bed mining shall be based on a survey document of the existing river/stream bed mining in each district and also to access its direct and indirect benefits and identification of the potential threats to the individual rivers/streams in the state.This survey shall be conducted by Geological Wing, Department of Industries, Himachal Pradesh and shall contain:-
1. District-wise details of Rivers/Streams/Khallas; and
2. District-wise details of existing mining leases/contracts in River/Stream/Khalla beds.
Based on this survey, the action plan shall divide the rivers/streams of the state into the following two categories:-
I. Rivers/streams or the River/Stream sections selected for extraction of minor minerals.
II. Rivers/streams or the River/Stream sections prohibited for extraction of minor minerals.
9.3 Strategy 3
Extraction of minor minerals to be done in selected rivers/streams or the river/stream sections:
9.3.a. Based on the action plan as mentioned in strategy 2, lease / contract shall be granted as per Himachal Pradesh Minor Mineral (Concession) Revised Rules, 1971 and by following the procedures as mentioned in the policy.
9.3.b. Extreme care and caution shall be taken to identify mining area in the perennial river/streams so as to avoid mining activities in these areas.
9.3.c. The grant of lease shall be preferred over the auction.
At the first instance and in the interest of systematic/scientific mining and to reduce pressure on river/stream beds, no auction shall be done in border areas, like Nalagarh sub-division and Kasauli tehsil of District Solan, where there are chances of over exploitation of River/Stream beds and chances of illegal transportation of mineral outside the State. Other border areas shall also be included on the basis of study to be conducted.
9.3.d. Leases for free sale upto 5 hectare and for a period upto 5 years in areas other than as specified in para 9.3.b. shall be granted subject to conditions that no boulders/cobbles/ hand broken road ballast shall be allowed to be transported out side the state.
9.3.e. Priority shall be given to Government Departments i.e PWD, IPH etc if mineral is required for departmental bonafied use,by engaging departmental laboures.
9.3.f. The possibility of utilizing the waste generated during tunneling by various projects and during road construction shall be studied in the interest of mineral conservation, while granting permission for setting up of crusher in the vicinity of above waste.
9.4 Strategy 4
Prohibition of specific Rivers/Streams or the River/Stream section for extraction of minor minerals
Based on the action plan as mentioned in strategy 2,specific Rivers/streams or the river/stream section will be prohibited (and/or phased out if ongoing activities exists) in specific environment sensitive Rivers/Streams or the River/Stream sections
River bed mining in the prohibited areas will only be allowed for activities related to specific purpose such as flood mitigation, water supply or river rehabilitation. In such cases permission shall be given subject to the recommendations of the Sub- Divisional Committees as mentioned in strategy no 6.,
after technical satisfaction that such permission shall not have any adverse effect if mining is undertaken for specific period.
9.5 Strategy 5
Mining in River/Stream beds shall be subject to following general conditions in addition to Site specific conditions as specified by the Committee
9.5.a. No River/Stream bed mining shall be allowed without the recommendations of the Sub-Divisional Level Committee.
9.5.b. No River/Stream bed mining shall be allowed without getting clearance under Forest Conservation Act, 1980 if the area attracts the provisions of FCA. 1980.
9.5.c. No River/Stream bed mining shall be allowed within 75 meters from the periphery of soil conservation works, nursery plantation, check dams or within the distance as recommended by the Sub-Divisional Committee, which ever is more.
9.5.d. No River/Stream bed mining shall be allowed within 1/5th of its span or 5 meters from the bank or as specified by the Sub- Divisional Committee which ever is more.
9.5.e. No River/Stream bed mining shall be allowed within 200 meters U/S and D/S of Water Supply Scheme or the distance as specified by the Sub- Divisional Committee which ever is more.
9.5.f. No River/Stream bed mining shall be allowed within 200 meters U/S and 200 to 500 mts D/S of bridges depending upon the site-specific conditions.
9.5.g. No approach road from PWD road shall be allowed to River/Stream beds mining, unless lessee/contractor obtains written permission from XEN PWD for making road leading to all intake places from the PWD Roads.
9.5.h. No mechanical mining i.e through mechanical excavator etc. shall be allowed in River/Stream beds, for which amendment in the Rules shall be made. Mechanical mining shall not be allowed even for projects of national importance, power projects etc.
In the power project areas, no mining activities by power project Companies/promoters shall be allowed in the river beds. Each project shall identify captive mining area duly approved by the competent authority. In the exceptionally inevitable situations where such projects require extraction of sand from river beds,
prior approval of Council of Ministers shall be obtained. Royalty for use of various kind of minerals by power projects shall be realized fully by evolving a transparent and scientific procedure and mechanism.
9.5.i. No boulder/cobbles/hand broken road ballast shall be allowed to be transported outside the state from River/Stream beds, so as to reduce pressure on the River/Stream beds.
9.5.j. No digging of more than 3 feet shall be allowed in River/Stream beds.
9.5.k. Every leaseholder shall supply in advance, the Registration Nos of vehicle engaged in transportation of mineral from mining area to his industrial unit. This would ensure checking of illegal vehicles carrying minerals.
9.5.l. Every lessee/contractor shall ensure that his labour does not involve in fish poaching.
9.5.m. No blasting shall be allowed in river/stream beds.
9.6 Strategy 6
9.6.1. For Mining Leases
Every River bed mining lease shall be allowed as per the Working- Cum -Environment Management Plan
To achieve this
A. A person who applies for mining lease shall submit the following details alongwith application in Form 'B' as prescribed in Himachal Pradesh Minor Mineral (Concession) Revised Rules, 1971
Location plan of the area showing:
i) Location of area
ii) All physiographic features viz;
· Water body;
· Boundary of banks;
· Meandering pattern;
· Any spring;
iii) All man made features viz;
· Any habitation along the bank;
· Any agriculture field along the bank;
· Any bridge in the area;
· Any water supply scheme etc;
· Any School, hospital, educational institute etc;
· Any crematory/cemetery ground;
· Any other structure like transmission line, telephone line, well, footpath etc.
B.Joint Inspection
The area applied for lease shall be inspected by a Committee, comprising of following members: -
1. Sub -Divisional Magistrate Chairman
2.
Assistant Conservator of
Forest/Range Officer Member
3.
Representative of Environment
Protection and Pollution Control Board Member
4. Executive Engineer PWD
or his representative Member
5. Executive Engineer IPH
or his representative Member
6. Mining Officer Member Secretary
Joint inspection shall be conducted by at least three members viz Chairman, Assistant Conservator of Forest/Range Forest Officer and Mining Officer on the prescribed checklist .
Other members may issue separate NOC's as per the checklist.
C. Working- Cum -Environment Management Plan
Every applicant shall submit Working-cum-Environment Management Plan as per the mining plan format for very small ‘B’ category mines of Indian Bureau of Mines, G.O.I., for approval within a period of 3 months or such period as may be allowed by the State Geologist and not exceeding 6 months, from the date of issue of the grant order.
The Working-cum-Environment Management Plan shall incorporate:
a) Contour plan of the area on appropriate scale (1:1000 to 1:5000);
b) Showing every surface feature, natural water course, location of trees if any, and any other important point within the mining lease area;
c) All intake points of water supply schemes;
d) A geological plan of the lease hold area;
e) Tentative reserves of the minor minerals available within the lease area;
f) Plan of excavation/lifting/mining;
g) Rotational plan of mineral excavation from river bed so that proper replenishment could happen;
h) Environment management plan;
· Step to be taken to control soil erosion, and air, water and noise pollution;
· Waste management;
· Afforestation programme ; etc.
The working Working-cum-Environment Management Plan shall be prepared by a person holding qualification as specified in Rule 22-B(2) of Mineral Concession Rules,1960 and should be registered with the Geological Wing of Department of Industries.
The Working-cum-Environment Management Plan shall be duly approved by the authority, authorized for approval of mining plans under Section 22(4A) of Mineral Concession Rules, 1960
The security deposited under rule 16 of H.P. Minor Mineral (Concession) Revised Rules, 1971, shall stand forfeited if Working-cum-Environment Management Plan is not submitted within prescribed period unless he gets a written permission from the State Geologist for its late submission.
The lease deed shall only be executed only after submission of Working-cum-Environment Management Plan.
Where mining operations have been undertaken before the commencement of this policy, the holder of such mining lease shall submit a Working-cum-Environment Management Plan within a period of one year from the date of enforcement of this policy.
9.6.2 Auctions
On the basis of district survey document, the feasibility of working in a particular river/stream bed shall be made by the Geological Wing with respect to mineral, geology, phsiography, soil/ bank erosion etc.
Based on this, Survey Document the Mining Officer shall put up the proposal for auction of River/Stream/Khalla beds to the following Sub-Divisional Committee for its approval
1. Sub Divisional Magistrate Chairman
2. Assistant Conservator of
Forest/Range Officer Member
3. Representative of Environment Protection and Member
Pollution Control Board
4. Executive Engineer PWD or his representative Member
5. Executive Engineer IPH or his representative Member
6. Mining Officer Member Secretary
9.6.2.a The above Committee shall study the entire River/Stream beds considering all aspects of the policy.
9.6.2.b The Committee shall also look into the aspect as to whether the riverbed can be auctioned with respect to proper replenishment or it requires some more time for replenishment with respect to the area so it could be left vacant.
9.6.2.c After recommendations of the Committee, the area may be put to public auction for three years subject to conditions that every contractor in whose favour the bid is accepted by the competent authority as per H.P. Minor Minerals (Concession) Revised Rules 1971, shall work as per the general conditions
of the policy as well as per the site specific conditions imposed in the feasibility report and by the Sub-Divisional Committee.
9.6.2.d The Sub- Divisional Committee shall review the working of each river bed annually.
9.6.2.e The security deposited by the contractor under rule 30(2)(iv) of H.P. Minor Mineral (Concession) Revised Rules, 1971, shall stand forfeited if workings are not done as per the conditions of auction.
9.7 Strategy 7
Short Term Permit in River/Stream beds shall be issued only in exceptional cases where: -
1. The area which has been auctioned and the sanction from competent authority has not been received, subject to the conditions:-
· That the workings shall be done as per the recommendations/conditions of Sub-Divisional Committee imposed at the time of auction and other general conditions of policy guidelines.
2. The area which has been auctioned and the contract is cancelled due to non fulfillment of contract conditions or for not working as per conditions of Sub-Divisional Committee or not for working as per policy guidelines, subject to the conditions: -
· that the workings shall be done as per the approved conditions of the earlier contract or subject to the conditions as imposed by the Sub-Divisional Committee at the time of auction and as per the general conditions of policy guidelines.
3. The area which has been recommended for auction by the Sub-Divisional Committee and the area is under process of auction, subject to the conditions:-
· That the workings shall be done as per the recommendations of the Sub- Divisional Committee for the auction and general conditions of the policy guidelines.
· The permit shall be cancelled immediately after holding auction and the permit shall be given to the highest bidder.
4. The area which has been leased out and the lease has been cancelled for non fulfillment of the conditions of lease deed, subject to the conditions:-
· that the workings shall be done as per approved working plan of earlier lessee or subject to the conditions of the Sub-Divisional Committee, imposed at the time of joint inspection and other general conditions of the policy guidelines.
· The area shall be proposed for auction after getting fresh recommendations of the Sub-Divisional Committee
· The permit shall be cancelled immediately after holding auction and it shall be given to the highest bidder as per the conditions of case No 1 or in favour of the lease applicant from the date, the area is recommended by Sub-Divisional Committee for grant of mining lease as per conditions of case No.5
5. The area pending for grant of lease and has been recommended for grant of lease by Sub-Divisional Committee, subject to the conditions:-
· That the workings shall be done as per recommendations of the Sub-Divisional Committee
6. In private land where mineral is available and person intends free sale of minerals in open market, subject to the conditions:-
· that at the first instance the permit shall be issued after getting NOC's from members of the Sub-Divisional Committee for a period of 3 months and within that period permit holder shall have to apply for mining lease ( the period of mining lease shall be decided on the basis of mineral available).
· That working shall be done as per the conditions imposed in various NOC's and other general conditions of policy guidelines.
· Short term permit for the extraction of sand and bajri shall be given for bonafide consumption for the construction of building as per existing rule 3 (ii) of H.P. Minor Mineral (Concession) Revised Rules 1971
9.8 Strategy 8
Involvement of PR's'
9.8.a. No concession shall be given without consultation of concerned Gram Sabha in the Scheduled areas.
9.8.b. Priority to concerned Panchyat shall be given if they apply for mineral concessions in the Scheduled areas.
9.8.c. The opinion of the concerned Gram Panchayat shall be sought on prescribed Performa for consideration, before granting mining lease in non-scheduled areas.
9.9 Strategy 9
9.9.1 Sub Divisional Level Flying Squad
9.9.1.a. Scope and functions of the Committee
To check illegal mining in the area
9.9.1.b. Composition of the Committee
As notified vide notification No Udyog (Chh) 7-3/90 dated 11/3/93 and as revised vide notification No. Udyog (Chh) 7-3/90 dated 20/11/93
· Sub-Divisional Magistrate Chairman
· Assistant Conservator of Forest Member
· Deputy Superintendent of Police or
his representative having local jurisdiction Member
The above committee is authorized to requisition the relevant record from the office of Mining Officer and the services of Mining Officer and his staff for the purpose of carrying out such inspections.
Power shall also be delegated to other members of the Sub-Divisional Flying Squad under Section 21 of Mines and Minerals (Development and Regulation) Act 1957.
9.9.1.c. Periodicity of the Flying Squad
At least once in a month or as and when felt necessary by any one member of the Sub Divisional Level Committee.
The Mining Officer may nominate Mining Inspector if required by different Sub- Division Committee, on the same day
9.9.2.District Level Committee
9.9.2.a Scope and functions of the Committee
To review: -
· Action taken against illegal mining;
· Action plan to stop illegal mining;
· Review the workings of riverbed mining in the district; and;
· Any other point raised by any member regarding mining activity in the district.
9.9.2.b Composition of the Committee shall be
1.Deputy Commissioner Chairman
2.Superintendent of Police Member
3.Divisional Forest Officer or
his representative Member
4.Repersentative of EP &PCB Member
5.Mining Officer Member Secretary
6.Any other Officer nominated Special Invitee
by the Chairman
9.9.2.c Periodicity of meeting
Once in three months
9.9.3. State Level Committee
9.9.2.a. Scope and functions of the Committee would be:-
· To review action taken against illegal mining in the state;
· To review the suggestions of the District Level Committees;
· To review the working of riverbed mining in the State;
· To develop an action plan for future river bed mining in the State;
· Any other point raised by any member regarding mining activity in the State;
9.9.3.b Composition of the Committee
( as notified on 16/1/04 vide notification no. Ind.II(E)2-1/2001)
1. A.C.S. - cum- Secretary (Industries) to
the Government of Himachal Pradesh Chairman
2. Pr. Secretary (S & T-Environment) to
the Government of Himachal Pradesh Member
3. Pr. Secretary (Forest) to
the Government of Himachal Pradesh Member
4. Pr. Secretary (P.W.D) to
the Government of Himachal Pradesh Member
5. Pr. Secretary (I.P.H.) to
the Government of Himachal Pradesh Member
6. Member Secretary,
Environment Protection & Pollution Control Board
Himachal PradeshMember
7.
State Geologist, Himachal
Pradesh Member Secretary
9.9.3.c Periodicity of meeting
Once in 6 month
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