Goa's draft Mineral Policy fails to understand mining

To,
The Director,
Directorate of Mines and Geology,
Udyog Bhavan,
Panaji, Goa.

21.10.2008

Sub: Comments/Objection on Draft Mineral Policy 2008– Goa


Sir as per notification of Draft Mineral Policy – Goa published in Official Gazette series I No. 21 21st August 2008 we wish to state the following:

Introduction of the Policy reads as “In order to facilitate planned and systematic exploitation of mineral resources in a sustainable manner, a mineral policy for Goa is being formulated.”

Mining of major minerals is governed through central legislations namely The Mines and Minerals (Regulations and Development) Act, 1957 and The Mineral Conservation and Development Rules, 1988 that are already ensuring that Minerals can be exploited as long as they become uneconomical. In fact “Abandonment of mine - means final closure of a mine either whole or part thereof when the mineral deposits within mine or part thereof, have been fully extracted or when the mining operations have become uneconomical” [Section (3) (a) of The Mineral Conservation and Development Rules, 1988]. Sustainability has no PLACE in both these legislations and Goa’s Mineral Policy. Also doesn’t stand on specific criteria/definition for “sustainability. ’
Even with existence of MCDR 1988 Rule 3[a] all the abandoned mines for twenty years are brought under operation when there was demand from China for low grade that was “uneconomical” proving the economical term contextual and subjective. Therefore sustainability without precise definition and aptly providing regulatory cover cannot serve the purpose of formulating the policy. So for want of the credibility this policy should not be allowed to be operational, instead it should be scrapped.

Further para2 of the Introduction states “Mining industry in Goa has contributed immensely to the economic development of the state ……’’

This statement is baseless and false as the data / facts and figures in Economic Survey of 2006-07, nowhere substantiate the claim in the draft .On contrary its state contribution of Mining industry to Goas SDP to be 4.41p.c.which is below the contribution from agriculture. The economic survey also shows that state got only 1 p.c.of the ore value exported. The Royalty the state got in the yr 2002-03-Rs 15crores, 2003-04Rs18crores and 2004-05Rs17crores even when price of the ore shoot of from US $ 17 to around US $ 200 per tonne.

Again it is interesting to note to disprove government claim of mining has contributed immensely to the economic development of the state. When the public debt of the state in 2003 is 2141.10 crores the value of the ore is 4645.7 crores, 2004 public debt is 2615.17 & the value of the ore exported is 6117.4575 crores, in the year 2005 the public debt is 3088.67 crores where as the value of the ore exported is 17719.8 crores. (Value based on the existing rates)

The government has no data on the assessment of economic loss due to the impact of mining on:-
a) Paddy cultivation.
b) Arecanut cultivation ( kulagar)
c) Dairy.
d) Destruction of natural water bodies.
e) Destruction of forest.
f) Health hazards.
g) Depletion of the fertility there by compelling the farmers to increase the doses of chemical fertilizers to maintain the yield.
h) The expenses incurred everyday for washing of the filter beds at opa water projects which gets choked due to mining rejects.
i) The loss in terms of the destruction of perennial surface water bodies & ground water.
The government till today has no data whatsoever to this effect therefore the approach to the draft mineral policy is totally unscientific and cannot be justified pertaining to the claims of economic development in the context of mining industry. Therefore the draft policy is unscientific and therefore should be scrap.

The draft is very superficial and casual on environment al degradation which is proved by the statement “…. has also caused certain environmental degradation.” The mining has been in Goa for more then five decades. There is also different report on amount of environmental degradation which has caused serious irreversible impact on different vital components of the environment including perennial water bodies.

The draft policy has failed to refer to the following:-
1 Report prepared by Tata Energy Research Institute in 1997 sponsored by the state it self.
2 Reports / studies / data from the scientists of NIO Goa.
3 IBM‘s report on availability of waste / rejection.
4 Recent booked published by Goa Foundation – Sweet Land of Mines.
5 Rich land and Poor people booked published by centre for science for environment New Delhi.
6 Report of the house committee of March 2000 which categorically mention how mining has destroyed means of livelihood, water bodies etc.

Therefore it is clearly visible that this draft is prepared without any data information which exists. Hence it should be scrapped.

The statement in the same para “it is therefore imperative to achieve the best use of available mineral resources through scientific methods of mining, beneficiation and optimum utilization.” The statement brings out to a conclusion that all the mines operating as on today in Goa are not following:
1 Scientific methods of mining.
2 No Scientific methods of beneficiation.
3 No scientific methods being employed by the mining companies for optimum utilization.

Therefore the view of above and also to justify the objective of the draft mineral policy the State Govt. has to go for the closure of all the mines with immediate effect to prove that the state is impartial.

BACKGROUND (comment)

The minerals from Goa have never been “capital assets of the nation and the major source for development because the ore from Goa is 100% export oriented. If at all Goa’s ore serve the purpose of development, it is only for other countries and not our nation. Post 2003 till 2008 scenario reveals that Goa’s mineral have served to strengthen the economic of china and never catered to the needs of countries iron and steel industries. Secondly it has only allowed the mine owners to increase their profits from millions to billions.
There can be either mines or no mines. There is no mining as sustainable mining. The point is already discussed in the earlier parts.

GOA

The draft mineral policy has utterly failed to understand mining in Goa in a comprehensive manner only because of not employing scientific approach. The geographical area of Goa is 3702 sq.km. Which is 0.11% or 888 times smaller then the geographical area of the country. Yet it contributes 39% of the ore to the countries total iron ore production. At what cost? The north to south stretch is 105km and the mining belt covers 95 km. The mining belt stretching in this 95 km from north to south covers the plateau region which is adjacent to Sahyadri watershed. As per the objective of the policy all the mining areas already identified and yet to be identified will be operated for exploitation of ore. This virtually means that entire plateau region will be subjected to destruction. As on today there are exclusively 15 Perenial River bodies including mandovi originates form the Western Ghats and flow down through the plateau region.

This means that these entire perennial rivers will be destroyed for the sake of minerals. It has to be noted seriously that two of the water projects which are endangered due to the mining activities, Opa network and Salaulim network catering to the needs of 85% of the Goa’s total population, consuming 73% of total water consumed by entire Goa.

In the economic survey of 2006 and 2007 the tourism department has cautioned the Govt., “… the Govt. taps are running dry to cater to the needs of Tourism Industry, so it has suggested “…. Commissioning of the Tillari project at the earliest”

This statement is good enough to prove that Goa will have to depend on neighbouring states for the need of drinking water facilities to make the survival of not only the Tourism Industry but also the people of Goa.

The draft mineral policy has seriously failed to understand this problem and also to address the same only because the state wants to pursue and bless the mining industries for the reasons better known to the Govt. therefore the lack of transparency in the intentions of the Govt. the policy should be scrapped.

It is prove that the mandovi and Zuari Rivers including Kumbharjua canal have been key factor maintaining economic viability of Goan mining. But it is exclusively for the sake of profits of mine owners and not for the interest of the state.

The fact about the mandovi is that it has more than 1580 sq.km. of catchment area drains from 43500 ha. Of forest land with 27 large mines operating and dumping reject into the river on an average 270 tonnes per day per mine same is the case with Zuari with the catchment area of 55000ha. And 10 mines operating dumping rejects on an average 333 tonnes per day per mine. The status of the two river is therefore clearly revealed indication how ruthless hazardous the mining activity are for the environment in Goa.

MINES AUDIT

The draft policy shows the clear ignorance of matters of mines the three aspects of under this title.
a) Risk assessment
b) Safety
c) Environment management
All this comes under the jurisdiction of Central Govt. through IBM. The process involved is as follows
a) IBM has to approved EIA & EMP including mining plan prepared by the mining companies.
b) EIA’s are to be prepared based on the TOR set by the Expert Appraisal Committee (Central Govt.) which also includes environment management plans.
All the above things are guided by the notification issued by the Central Govt. through its agencies – MOEF N.Delhi. The State Govt. has no role to play. Therefore mine audit shall have to over right the jurisdiction of the Central Govt. to comply the statements made there in. this lack of knowledge does not provide any authentication to the draft mineral policy hence its needs to be scrapped. The draft mineral policy has again failed to highlight the environmental clearances which are obtain by the mine owner from the MOEF n. Delhi through the public consultation based on the false and fabricated document prepared by agencies and sponsored by the mine owner with the sole objective of getting EC very easily to get the mines under operations. The State Govt. doesn’t have any of the mechanism spelt in the draft policy to monitor / regulate / check the processes / procedure therefore this mineral draft policy cannot attain any status also should be scrapped.

It is also to be noted how the policy draft is contradicting its own points, page 720 of the notification under working of mining leases and prospecting licenses “…. No prospecting leases should be allowed for the time being.” Where as page 721 states “…. Prospecting licences stroke mining lease shall not be granted in areas considered sensitive on the basis of following criteria:-
a) “Areas which can cause serious erosion problem, prone to land slides and damage hill slopes, wet lands etc.

It is a confusion of the policy this policy does not no that all mining in Goa are on the hills and hill slope so the criteria suggest that there can be no mining in Goa. the criteria suggested has not mention very important aspect i.e. the mining leases which has proximately to perennial water bodies like rivers , lakes etc. hence it is a lop sided policy which needs to be scrapped.

OBJECTIVES AND STRATEGIES OF MINERAL POLCY 2008 (comment)

Out of 16 objectives mention 11 are very casual and shall never be complied with because of they have no scientific approach .most of them are elaborately figuring out in “Mines and Minerals Laws” the State Govt. in spite of that, has failed to execute any of the rules and Acts. The point no.14 which is to encourage cluster approach is a dangers trends – a draconian provision to favour the mine owners. this objectives cannot with stands in the lights of the notifications from the Central Govt. though which EC are obtain EC’s are either accorded on the basis of individual mines or the mines with contiguous nature owned by one lease holder. This provision is incorporated to facilitate the mine owner to evade the mandatory forest clearance. For e.g. in cluster if two mining leases have forest cover and others do not have the application of the cluster theory ultimately will benefit to get rid of the forest clearance for first two mines, which otherwise would have experienced a legal blocked for their mining operations.

Iron manganese bauxites which are found in Goa are the major minerals hence come under the jurisdiction of Central Govt. therefore the Rules and Acts related to these minerals are made enacted by the Central Govt. in the parliament. The State Govt. has the Jurisdiction over the minor minerals. Therefore the question is whether the State Govt. can decide on making a mineral policy encompassing major minerals?

Lastly, it is also seen that the entire policy doesn’t speak any thing about the people and there residential area including their traditional sources of livelihood in context of encouraging minerals development i.e. the mining Industries.

Therefore the draft mineral policy should out rightly be scrapped.

Sd/-
(RAMESH S. GAUNS)