sand mining

In this article, Janvi Ahuja of SLS Hyderabad discusses how to stop illegal sand mining.

How to stop illegal sand mining?

Introduction

Sand is a mineral as defined under Section 3(e) of Mines and Minerals Development and Regulation Act, 1957 (MMDR Act). This act empowers government and state to make any laws to prevent illegal mining.

Sand mining is a practice that is used to extract sand, mainly through open pit. This demand is exalting at alarming rates a result of ever increasing building construction projects and other infrastructural development. In the view of high demand there is illegal means for sand extraction. Sand mining is also done on beach, inland dunes and dredged from ocean beds and river beds. Sand mining is done to extract minerals such as Rutile, Ilmenite and Zircon which contain useful elements Titanium and Zirconium. The main sources of sand are agricultural fields, riverbeds and floodplains, coastal and marine sand, lakes and reservoirs. These mineral occur with ordinary sand, which is dug up, the valuable minerals are separated in water by the virtue of different densities. In India estimate consumption of cement is 324 million tons, and for each tonne of cement, the building industry needs about 6 to 7 times more tons of sand and gravel.

The problem is serious in the case of river in the south western coast of India, especially in Kerala, where rivers are small with limited bed resources.

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How to differentiate whether Mining is Legal or Illegal

The sand mining activities carried out is cluster of 5 hectares and above, it has graded approval by District Level. For clusters between 5 to 50 ha, approval is with State Environment Impact Assessment Authority. For area above 50ha, the approval process lies with the MoEFCC and its expert committees. but the draft notification does not mention how procedural accountability and legal compliance would be attributed. The draft notification gives mine owners to seek environmental approval both at individual and cluster level.

Guidelines for carrying out sand mining activities legally  

  1. The prospecting mining operation should be under licence or lease- the lease conditions should be contrary to the rules.
  2. after the end of lease period, there needs a renewal of lease for continuing mining.
  3. Exceeding the lease area, comes under illegal mining of this act.
  4. After a premature termination of lease, there is a need for seeking permission from State Government for the operative mechanism of section 4(A)(1) of MMDRA, 1957.

District level committee has powers to terminate the lease or cancel it, after consulting it with Central Government where it is expedient in the interest of regulation of mines and minerals development, preservation of natural environment, control of flood, prevention of pollution, or to avoid danger to public health or communications or to ensure safety of buildings, monuments or other structure or for such other purpose it may deem fit. But this rule is not exhaustive there are other authorities which might govern the rule like Ministry of Environment, Forest and Climate Change and National Green Tribunal (NGT).

Regulating Sand Mining

There have been several attempts by state and center government and judiciary to restrict illegal sand mining, most notably the Supreme Court order in 2012 that banned all sand mining, including that on land less than five hectares, without the approval of Environment and Forest (MoEF). NGT in 2013 issued notices against violators of SC orders, existing mining leaseholders to get environmental clearance from MoEF, giving them 3 months time to do so. Sand mining is regulated by The Mines and Minerals (Development and Regulations Act, 1957. According to the Section 4(A) (2) where the state government is in the opinion that it is exponent in the interest of regulation of mines and minerals development, preservation of natural environment, control of flood, prevention of pollution or to avoid danger to public health, or to ensure safety of building, state government may deem fit, can, by any order, in respect of any minor mineral, make premature termination of prospective license or mining lease with respect to the area or any part thereof covered by such lease.

Consequences of illegal sand mining

To assess the impact of mining and remedial measure be assessed through monitoring. This requires mid course correction, it will provide data to evaluate the upstream and downstream effect of mining. The consequences of mining have been worse due to increased needs of minerals.

Un-regulated sand mining has resulted in the erosion of riverbanks resulting in increased flooding and causing a severe threat to biodiversities in Punjab.

Several mangrove forests had been destroyed by illegal construction to storage docs, roads and other infrastructure to facilitate easy transfer of sand from the river. This made Mumbai and other neighbouring regions more vulnerable to floods.

Livelihoods of local fishermen were being threatened by the sand barge which often destroys their net. Yet they do not register an official complain.

India’s Struggle to stop unauthorized sand mining

India’s sand mining problem is so prevalent that it has developed into black market, that continues to exploit millions of tons of commodity annually, in the open loot of the riverbeds, canals and beaches sand is being drained by illegal means. According to Geological Survey of India, riverbeds mining cause several alterations to the physical characteristics of both the river and the riverbeds, which severely affect the ecological system of river plants and animals.

According to India’s construction industry Development council, this guides the government on construction policy, which says that the country consumes 500 million tons of the commodities annually and that’s only the legally recorded amount.

According to a report on ABC Foreign Correspondents, India’s sand business employs over 35 million people and is valued at well over $126 billion per annum. The supply problem could partially be attributed to the environmental limitations imposed to protect ecosystem or due to the existence of illegal means to create a supply chain.

How do you report and where do you report

For illegal sand mining, one can complain to police station or can inform environment ministry, or can complain to complain board online by sending the details where the mining takes place. if one is found being involved in illegal sand mining he might face harsh punishment.

Section 47 of MMDRA, 1957 says that any person contravening the provision of these rules shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to INR 5000/- or with both in case of continuing contravention with an additional fine extend to 500/- for every day during which such contravention continues after conviction for such contravention.

One can file a Public Interest Litigation (PIL) in the court or can report to Ministry of Environment & Forest National River Conservation Directorate or one can complain to Air (prevention and control of pollution Act, 1974. A complaint can be made to National Green Tribunal https://ngtonline.nic.in/ngtonline or a person can notify his state government about illegal mining through an online application or by sending a mail.

Even the police now have powers to cache hold on illegal sand mining, they have the power to seize illegal sand mined or transported sand. They can be booked under IPC section 379 of theft, which includes removal of sand, which was distinct from the offence of mining without permission under special enactment.

It is the duty of police investigator to investigate if the mining is done according to the rules, or if the case is reported to the ministry of forest it is their duty to investigate in the matter, to check that does the lease holder comply with the statutory provisions or not,  if the mining is legal or not, if it is illegal they may take further actions against the party.

What if illegal sand mining has done personal damages to you?

Personal damage can be fatal and non-fatal permanent Damage. If there is a personal injury a person can recover loss of wage, by applying a law of negligence. If there is a loss of wage some evidence needs to be presented White v. Breedon.

Guidelines framed by Geographical Survey of India

Following geo-scientific considerations are suggested to be taken into account for sand/ gravel mining:-

  1. Abandoned stream channels on terrace and inactive floodplains may be preferred rather than active channels and their deltas and floodplains. Replenishment of groundwater has to be ensured if excessive pumping out of water is required during mining.
  2. Stream should not be diverted to form inactive channel,
  3. Mining below subterranean water level should be avoided as a safeguard against environmental contamination and overexploitation of resources,
  4. Large rivers and streams whose periodic sediment replenishment capacity are larger, may be preferred than smaller rivers,
  5. Segments of braided river system should be used preferably falling within the lateral migration area of the river regime that enhances the feasibility of sediment replenishment,
  6. Mining at the concave side of the river channel should be avoided to prevent bank erosion. Similarly meandering segment of a river should be selected for mining in such a way as to avoid natural eroding banks and to promote mining on naturally building (aggrading) meander components,
  7. Scraping of sediment bars above the water flow level in the lean period may be preferred for sustainable mining,
  8. It is to be noted that the environmental issues related to mining of minerals including riverbed sand mining should clearly state the size of mine leasehold area, mine lease period, mine plan and mine closure plan, along with mine reclamation and rehabilitation strategies, depth of mining and period of mining operations, particularly in case of river bed mining.
  9. The Piedmont Zone (Bhabbar area) particularly in the Himalayan foothills, where riverbed material is mined. This sandy- gravelly track constitutes excellent conduits and holds the greater potential for groundwater recharge. Mining in such areas should be preferred in locations selected away from the channel bank stretches. Areas where channel banks are not well defined, particularly in the braided river system, midstream areas should be selected for mining of riverbed materials for minimizing adverse effects on flow regime and instream habitat..
  10. Mining of gravelly sand from the riverbed should be restricted to a maximum depth of 3m from the surface. For surface mining operations beyond this depth of 3m (10 feet), it is imperative to adopt quarrying in a systematic bench- like disposition, which is generally not feasible in riverbed mining. Hence, for safety and sustainability restriction of mining of riverbed material to maximum depth of 3meter is recommended.
  11. Mining of riverbed material should also take cognizance of the location of the active channel bank. It should be located sufficiently away, preferably more than 3m away (inwards), from such river banks to minimize effects on river bank erosion and avoid consequent channel migration.
  12. Continued riverbed material mining in a given segment of the river will induce seasonal scouring and intensify the erosion activity within the channel. This will have an adverse effect not only within the mining area but also both in upstream and downstream of the river course. Hazardous effects of such scouring and enhanced erosion due to riverbed mining should be evaluated periodically and avoided for sustainable mining activities.
  13. Mineral processing in case of riverbed mining of the sandy gravelly material may consist of simple washing to remove clay and silty area. It may involve crushing, grinding and separation of valueless rock fragments from the desirable material. The volume of such waste material may range from 10 to 90%. Therefore, such huge quantities of mine wastes should be dumped into artificially created/ mined-out pits. Where such tailings / waste materials are very fine grained, they may act as a source of dust when dry. Therefore, such disposal of wastes should be properly stabilized and vegetated to prevent their erosion by winds,
  14. Identification of river stretches and their demarcation for mining must be completed prior to mining for sustainable development.
  15. The mined out pits should be backfilled where warranted and area should be suitably landscaped to prevent environmental degradation.
  16. Mining generally has a huge impact on the irrigation and drinking water resources. 

Steps taken by Government to curb illegal sand mining practices

A round-the-clock complaint cell has been set up at the Collectorate Control Room for the public to register complaints regarding illegal sand mining in the district. The cell will function for registering complaints. Appropriate directions will be given by the Additional District Magistrate (ADM) to revenue squads formed to check the illegal practice.

Tahsildars have been asked to conduct raids, seize vehicles that engage in the illegal activity and bring them to the notice of District Collector.

The Circle Inspector/Sub Inspector has been asked to take necessary steps to control the illegal activity by conducting raids as per the information received from the control cell.

Conclusion

Sand mining contributes to construction of buildings, infrastructure development, it helps in extracting minerals and provides both economic and social benefits. However, intensive sand mining with disregard to environmental protection erodes these gains and creates a series of environmental problems. The regulatory agenda prepared for sand mining is passive and these make enforcement difficult and complicated. Lack of clear guidelines for dealing with sand mining operations coupled with inability of the regulatory authorities’ results in unscrupulous sand mining activities and environmental degradation.

Even though there are no specific guidelines followed as if now, but it is suggested that local municipalities come up with bylaws to help preserve the ecological beauty of their areas. Environmental awareness training should be conducted for the communities in the vicinity of the extraction sites, there should be a clear check maintained on the bodies, so that there is fear of illegal sand mining. This will help in monitoring and enforcement of the bylaws made for the development of the society. Studies focusing on the impacts of sand mining on water quality, and the land affected by it, they should also monitor the damage caused due to sand mining to workforce. This will help the community and the government authorities to know and understand the nature and severity of impacts of sand mining on water quality in area.

References

 

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2 COMMENTS

  1. Hi, there is illegal sand mining going on in the river behind my house and they have converted the river into a stagnant ditch, the water is not flowing anymore and getting stagnant. There is no point making a complaint in the police station because the police is involved. How would you help me stop this illegal activity and catch the culprits and police involved in this corruption? I would go forward with the details and evidence only if you can assure me that positive action will be taken and our identity secured.

  2. Hi, there is illegal sand mining going on in the river behind my house and they have converted the river into a stagnant ditch, the water is not flowing anymore and getting stagnant. There is no point making a complaint in the police station because the police is involved. How would you help me stop this illegal activity and catch the culprits and police involved in this corruption? I would go forward with the details and evidence only if you can assure me that positive action will be taken and our identity secured.

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