Careamol Iron Ore mine, Pirla stayed by NEAA

The National Environment Appellate Authority (NEAA) today [13-5-2010] stayed the Environmental Clearance granted to Careamol Iron Ore Ltd at Village Pirla, Quapem Taluka, South Goa. The mining project was granted environmental clearance on 18-9-2007 by the Ministry of Environment and Forest. It was challenged by local group Gomantak Shetkari Sanghatana before the NEAA in 2007. The NEAA dismissed the case on technical grounds of delay. The decision of the NEAA was challenged before the Delhi High Court which reversed the decision of the NEAA and directed the NEAA to hear the matter on merit.

The main issue raised was the wrong declaration made in the EIA document: i.e the river Kushawati is at a distance of 2.6 km whereas actually it is at a distance of only 50 Mts. The EIA document was made available only in English and the Public Hearing venue was nearly 40 kms away from the project site. There is also an archeological monument within a distance of 500 mts which was never disclosed to the NEAA. There was

The NEAA also stated that a site visit will be conducted on the 15^th and 16^th of July to ascertain the distance from the river as well as meet the affected people.

Further, since the project is located within 10 km of a wildlife sanctuary : Cotigaon and Netravali, the, MoEF has been directed to place the project before the Standing Committee of the National Board for Wildlife for consideration.

Ritwick Dutta

Indian Environment Minister imposes morotarium on new mining in Goa

Indian Environment and Forest Minister Jairam Ramesh has written an interesting letter today February 22, 2010 on mining to Goa Chief Minister Digambar Kamat . He writes as follows:

"Dear Shri Digambar Kamatji,

Please refer to your letters dated 4th February and 17th February 2010.

In response to the request you made, it has been decided to impose moratorium on consideration of mining proposals for environmental clearance under the provisions of Environmental Impact Assessment Notification, 2006 till the Mineral policy for the State of Goa is finalized and the Ministry of Environment and Forest is informed in this regard. I am advising the officer concerned to return all the proposals to the proponents which are pending for consideration and not to accept any new proposals from the State of Goa.

I also feel that time has come for a comprehensive environmental impact assessment of all the mining activities that has taken place and for which permissions have been given over the past few years. Such a study should also identify remedial measures. I am planning to ask NEERI, Nagpur to conduct this study and I am confident that I can count on your support in this regard.

With warm regards,

Sd/-

(Jairam Ramesh)"

Mining dumps

By Freddy Agnelo Fernandes, Dubai

In the tug-of-war going on between environmentalists and Sesa Goa over illegal dumping of mining waste at Advalpal, even though the High Court has asked Sesa Goa to relocate its mining rejects dumps, the company claims this is not feasible.

The company should be taken to task and penalized for the destruction caused to the ‘nullah’. The villagers had lodged a complaint with the Indian Bureau of Mines (IBM), but no action was taken. IBM should also be held responsible for inaction.

If the mining rejects are not relocated now and come crumbling down in the rainy season, who will be responsible? The people of Advalpal and their properties must be protected.

Herald, Panjim, November 12, 2009

Goa's Mining Undermining Goans!

In Goa, mining is seen to take place with large scale environmental
degradation violating all human rights. Multidimensional approach i.e.
denial of the eligible rights of the people in mining zones, flouting of law
by the State machinery & mine owners and denial of mineworkers rights that
is followed in Goa for mining industry compounds the problem still further.
Due to which, almost every day Goans from in and around mining areas are
seen agitating against mining came on streets. 

Goa government after two years of mass agitation has now come up with mine
owners' friendly draft Mining Policy for Goa! Apart from permitting mining
near the state's wildlife sanctuaries and legalizing other non-operative
dormant leases issued during Portuguese regime,  the said draft mining
policy of Goa has retained many flows, as in the past, which are
non-compliant with many prevailing Acts of government of India. 

As far as mining in Goa is concerned, mine owners in connivance with
government of Goa appears to have violated and are violating following basic
norms: 

Constitutional Rights - under Fundamental Rights: Article 19; (i), (f) -
Right to acquire, preserve and transfer the property, Article 21 - Right to
live and livelihood.

Directive Principles of State Policy: Article 38 - Assures the protection of
the social order and promotion of welfare of the people; Article 39 (a) -
Right to earn a dignified livelihood; Article 39 (b) - The State shall in
particular direct its policy towards securing - that the ownership and
control of the material resource of the community are so distributed as best
to sub-serve the common good; that the operation of the economic system does
not result in the concentration of the wealth and means of production to the
common detriment; Article 46 - The State shall promote..the SCs / STs, and
shall protect them from social injustice and all forms of exploitation;
Article 47 - Duty of the state to develop the standard of living of the
people; Article 48 - To protect agriculture and animal resource; Article 51
A (g), (i) - It is the fundamental duty of every citizen of India - to
protect the natural environment including forest, lakes, river and wild
life. 

In addition to above, mining in forest areas grossly violates major
provisions under the National Forest Policy 1988 such as Sections 2.1, 2.2,
3.1, 3.2, 3.4, 3.5, 4.3, 4.4, 4.6, and 4.9. 

All provisions with regards to the Scheduled Area Act as well as the
provisions under the Panchayat Raj Act are grossly violated. In Section 4
(a) it clearly states, "a state legislation on the panchayats that may be
made shall be in consonance with the customary law, social, and religious
practices and traditional management practices of community resource".
Further Section 4 (b) says, "every gram sahbha shall be competent to
safeguard and preserve the traditions and customs of the people, their
cultural identity, community resources and the customary mode of dispute
resolution".

The Scheduled Area Act or the Panchayat Extension to Scheduled Area Act
(PESA) is one powerful weapon in fighting unjust mining. To compound the
complications further is gross irregularity and corruptions in granting the
mining lease are involved. 

Despite of India having best of the Acts gross irregularities and
corruptions at highest & lowest level in government departments are granting
mining leases left, right and center. This has resulted in displacement,
migration, socio-cultural and environmental impacts in the areas surrounding
mining areas. These nonreversible impacts have widened the gap between the
rich and poor even in rural areas. While Goa government appears to have
turned into a repressive tool in the hands of the corporate sectors,
particularly the mining companies, imposing anti-people laws and polices on
the people. 

The developed attitude of the state government towards mining sector clearly
shows its withdrawal from welfare responsibilities. The ruling government is
also seen to operate as a string-puppet with the corporate sector holding
its strings. The trust of the disinherited is further shattered and disowned
by the disingenuous attitude of the government. In many cases even the
highest offices of the CM, and the Governor closed their eyes only to remain
disabled to use their prerogative powers only to give an impetus to the
mining companies to capitalize the situation and overthrow the people's
aspirations. 

Considering what's going on in Goa's mining areas its time for Goans to
fight for themselves and maintain checks on mining activities. Goans also
need to be extra vigil in lodging their formal protest(s) for
non-compliances' left within draft mining policy of Goa before the draft
becomes an Act to act against Goans.

Best regards,

Dr. U. G. Barad

As circulated on Goanet mailing list on August 23 2009