INTEGRATED LEGAL FRAMEWORK FOR SUSTAINABLE MINING

Author- Mohammad Tauqir Ali & Koushik Gorain

ABSTRACT

Mining activities have been on rise as they highly appreciate the GDP of a country but the impact it has on environment and mine workers cannot be ignored. All the three organs of the government have been working to create mining as safe and risk- free activity. Legislature has enacted time to time legislations and amended the same as per the changing needs. Two most important legislations relating to mining are Mines and Minerals (Development and Regulation) Act,1957 and Mines Act,1952. The Central government in regard to the power conferred by these legislations have released various rules, regulations and policies such as Mines Rules, 1955, National Mineral Policy 2019 etc. Judiciary continuously have to choose between environment protection and mining, rights of residents and mining, constantly it has been focusing on providing judgements on sustainable mining in order to maintain balance between growth and environment, rights of residents and labour workers etc. But despite these efforts, there has been gap in sustainable techniques in mining. Some of the problems include illegal mining, corruption, careless mining techniques, no regards to environmental guidelines. Many people don’t even hesitate to complete all the formalities before starting the mining operation. They fail to take in forest clearance, environment clearance, following the procedure and rules in EIA Rules,2006. The mine workers are often unaware of their rights and exploited by the employer and owner of the mine. No regard is paid to provisions of Mines Act, 1952.

KEYWORDS

Mine, mineral, environment, worker, health, legislation, mining 

• INTRODUCTION

When a country is on the path of development, mining becomes one of the most important element in its growth but what comes with it is wave of environmental damage. In order to balance development and environment damage, proper legislations along with their strict implementation is required. The provisional total value of mineral production for 2023-24 was estimated to be 1,41,239 crores, representing a growth of approximately 14.83% over the previous year. In 2022, India was the world ‘s 2nd greatest producer of cement and coal. 

Mining as an activity started decades ago but the need for legislations is felt now due to continuous pollution caused by it. The first plan to regulate mining activities was introduced in 1890 by Lord Cross, and in 1894, the post of inspector was introduced to deal with management and supervision of mines.

It was finally in the year 1901 that first mines act was introduced to regulate mining operations in British India. 

 The final and most important legislation which regulates mining now is Mines and Minerals (Development and Regulation) Act,1957(hereafter used as MMDR Act,1957). It has been amended timely to incorporate changes needed as per the changing envi Along with, various other laws and rules have been introduced.

• LEGAL FRAMEWORK RELATING TO MINING IN GENERAL

Article 246 divides the subjects on which government can make laws into 3 heads:

• Union list: Union list includes subjects which are of public interest and laws on the same are made by Central Government. This list of mining-related subjects includes the management of mines and minerals to the degree that the central government is in charge and regulations of labor and safety in mines.
• State list: The State list comprises of subjects of local importance and laws on the same are made by State Government. Subjects relating to mining includedin this list are management of mines and minerals to the degree under control of state government and taxes on mineral rights.

In the latest case of Mineral Area Development Authority v. Steel Authority of India, Supreme Court ruled that the MMDR Act,1957 does not restrict the authority of State Government to tax mining lands and quarries.

      National legislations:

 Various legislations and rules have been enacted from time to time to regulate the mining activities in India. Few of them are as follows:

• MMDR Act,1957:  This act is regarded as the backbone of legal framework governing the mining activities. The basic elements which are covered under the act are:

1. The act mandates the license for mining operations which will be granted by State Government and it imposes certain restrictions, obligations and duties for conducting mining processes.
2. It deals with terms and conditions for conducting mining activities.
3. It limits the area which can be granted for mining activities (10 sq. km)
4. It lays down the minimum and maximum lease for mining (minimum 20 years and maximum 30 years)
5. It lays down various punishments for acts such as illegal mining and violations of any provisions of this act.

The act was comprehensively amended in 2015 to bring into account several reforms, making auction for mineral concession mandatory to bring transparency, it led to establishment of District Mineral Foundation (DMF) and National Mineral Exploration Trust (NMET) . The act was further amended in 2016 and 2020 and was latest amended in the year 2021.

There has been an amendment bill of 2023 known as Minerals (Development and Regulation) Amendment Bill, 2023, which intends to bring in the following changes:

• The list of atomic minerals has lost 6 minerals.
• Central government exclusively have the right to auction mineral concessions for critical minerals 

• It introduces exploration license for deep- seated and critical minerals.
• It aims to provide favorable legal environment in mining for attracting Foreign Direct Investment and subordinate mining agencies.

• Mines Act, 1952:  It deals with safety and regulation of labor in mines. Some of the salient features of this act includes:

1. It deals with various aspect such as appointment and powers of special officers such as power to enter any mining area. 
2. It deals with appointment of inspectors and facilities provided to them.
3. It restricts employment of workers who have not completed the age of 18 years.
4. It provides for provision of drinking water for workers.
5. It provides for a weekly holiday and compensatory holiday.
6. It specifies hours of work below as well as above the ground.

• Mines Rules, 1955:  It deals with basic health and basic sanitation facilities for the workers and their families. It provides for some of clearances required for initiating a mining activity such as environmental clearance, explosive license, permission for mine opening etc. 
• Offshore Areas Mineral Concession Rules, 2006: It establishes the procedure for granting and extending licenses for exploration and production as well as concessions of reconnaissance limits.
• Mining Conservation and Development Rules,2017: The MMDR Act of 1957’s Section 18 served as the basis for these regulations. It lays out guidelines for resource conservation, systematic mining, national mineral development, and environmentally friendly mining methods.
• Minerals (other than Atomic and Hydro Carbons Energy Minerals) Concession Rules,2021:  It aims to increase employment opportunities and funding in the mining industry and increase the auction and exploration of mining areas etc. It allowed transfer of composite mining lease. Interest on delayed payments reduced from 24% to 12%. Part surrender of all kind of mining areas are allowed. These rules provide manner of sale of 50% of mineral produced from captive lease.
• National mineral policy, 2019:  It stands as an improvised version of National Mineral Policy of 2008. This policy aimed at developing such mining practices which are sustainable in nature. It provided stronger mechanism to address illegal mining activities and value leakages by introducing e-governance system. It aimed to increase awareness and public participation by involving the local people.
• National Mineral Exploration Trust Rules,2015: These rules were enacted by Central Government by the power conferred by section 9C of MMDR Act,1957. It establishes a governing body with Union Minister Incharge of ministry of Mines as its chairperson and an executive committee with secretary of mines as its chairperson. It established a trust for the purpose of undertaking studies of mineral development, taking up exploration of areas for strategic and critical minerals etc. These rules were lastly amended in 2018.
• Mineral (Auction) rules, 2015:  These rules were enacted under the section 13 of MMDR act, 1957. These rules were enacted on 20th May 2015. It deals with requirement for auction of mining lease, eligibility for the same, bidding parameters, bidding process, payment and performance security for the mining lease, etc. It lays down that auction will be conducted through electronic mode only. It also provides for auction of composite license of mining and performance security for the same. These rules were amended on 30th November 2017.

• Mineral (Evidence of Contents) rules, 2015:  These rules came into force on 17th April, 2015 by the Union Government by the power given by section 13 of MMDR act, 1957.  These rules establish the parameters for determining the existence of mining contents in an area to grant license, grant composite license and to conduct auctions under the MMDR Act,1957.
• Mineral Concession Rules,1960: Under the authority granted to the Union Government by section 13 of the MMDR Act, 1957, these regulations were put into effect on November 11, 1960. It outlines the process for obtaining a reconnaissance permission, a prospecting licence, a mining licence, and other provisions for territory where the government owns the minerals.
• Coal mines regulation 2017: These are the regulations which govern the coal mining in India. These replaced the Regulation Act of 1957. It deals with the safety measures for mechanized opencast workings such as planning and designing the mine, ensuring compliance with the recommendations of a scientific study and monitoring slope monitoring.

Judicial pronouncement for better implication of MMDR act, 1957:

• In the case of Jayant V. State of Madhya Pradesh, it was ruled that for acts covered by the legislation, the police station’s SHO is authorised to file a FIR or crime case.

• In the case of Saiyed Jiyaulla v. State of Karnataka, it was marked that a private complaint cannot be entertained by court unless and until it has been filed by competent authority.
• In the case of Pradeep S. Wodeyar v. State of Karnataka, it was decided that if the judge’s action was supported by a police report rather than a private complaint, he does not need to give a thoroughly reasoned ruling as long as it is demonstrated that he has applied his mind.
• In the case of Sandur Manganese and Iron Ores Limited v. State of Karnataka and others, it was ruled that the State Government cannot operate in a way that is in conflict with the terms of section 11(1) of the MMDR operate, 1957 since it is carrying out a delegated function that the parliament has granted it for the purposes of section 11(3) of the act.

• ENVIRONMENT REGULATIONS AND MINING

Legislations relating to environment:

There are many legislations relating to environment dealing with mining activities specifically:

1. By avoiding and enabling contamination from mining activities, the MMDR Act,1957 itself gives power to the Central Government to create mining regulations that promote sustainable practices and environmental protection..  
2.  Even the Mineral Conservation and Regulation Rules, 2017 provides for sustainable development. It provides storing of waste rock, slimes etc. at separate places, disposal of waste dumps and site of waste dams etc. Every holder of prospecting license must take all possibles measures to keep air pollution within permissible limits, it also provides for standard and allowable limits of all pollutants such as air, noise etc., toxins etc. to be provided by concerned authorities
3. Environment (Protection) Act,1986: Officials such as the Controller General, Chief Controller of Mines, and Others have been granted authority by the Union Government to enter and examine mines, confiscate equipment, register, document, and collect samples of soil, water, air, and other materials.
4. Forest (Conservation)Act,1980: It stipulates that prior consent or approval from the Union Government is required before using forest land for any non-forest purpose. Non- Forest purposes specifically include mining activity.
5. Wildlife Protection Act,1972: If any area allotted to mining includes national parks, sanctuaries, etc., then the project should be transferred for reference to National board for wildlife and its standing committee for verification and approval.
6. Environment Impact Assessment (EIA) rules, 2006: These rules mandate environment clearance for any mining site. This notification requires all mining operations to follow the following procedure:

 ∙ An EIA report (Environment Impact Assessment report) should be prepared based on Terms of Reference (ToR). It is done to analyse the consequence of mining on the environment.

∙ A public hearing must be conducted to seek advice and approval of local people. During the public hearing, whole impact on environment and local people and rehabilitation of local people should be discussed.

 ∙ Approval by an expert committee by verifying all the required clearances and procedures.

It categorises mining projects into two categories: 

Category A:  for this category, permission is required from MoEFCC

Category B: For this category, permission is required from SEIAA (State environment Impact Assessment Authority).

Various standards for environment protection during mining operations:

1. IRMA (Initiative for Responsible Mining Assurance): It conducts independent third -party assessment of industrial scale mine. Tracking of environmental and social performance by audit agencies is necessary for those who adopt IRMA standard. It aims to improve mining operations in terms of environment and social standard.
2. ICMM (International Council on Mining and Metals) ‘s principles: ICMM is an international organization working for sustainable development, aimed to create a safe, just and sustainable world. It gives 39 performance expectations and 9 positional statements for environmental, social and governance requirement. 
3. TSM: Towards Sustainable Mining (TSM) is an internationally recognized sustainability program which was initially developed in Canada. Its administration is done by Minerals Council of Australia. Its objective is to improve safety, environmental and social governance in the mining sector. it provides 8 social and environmental performance protocols for mining companies. 
4. CMSI (Consolidated Mining Standard Initiative) : It is result of a collaboration amongst Copper Mark, ICMM, Mining Association of Canada(MAC) and World Gold Council. It works for consolidating 4 existing different standards into one standard. This is to done for improved performance and compliance efficiency on responsible mining at scale.
5. GRI: The GRI mining standard provides an extensive framework for mining companies to measure, manage and publicly report their sustainable performance. It covers various critical themes such as emissions, waste, human rights, land etc. One of the most important use of this standard is that it increases environmental stewardship and ensure sustainable operations.

Judicial precedents in cases of environmental protection and mining

•  Rural Litigation and Entitlement Kendra and others v. State of UP and others In this case, the reckless and illegal mining operations, careless disposal of mine waste and unregulated blasting operations disturbed the water systems and polluted the drinking water. Supreme court immediately prohibited the mining operations in order to firstly inquire whether mines operated are following safety standards or not.
• In the case of Tarun Bharat Sangh, Alwar v. Union of India, it was decided that no mining operations can be carried out in a sanctuary, national park, reserved forest and a protected area.
• In the case of Common Cause v. Union of India, it was decided  that mining in the forest land should only be allowed if all the due procedure that is prior consent of Union Government is taken.
• In the case of M.C. Mehta v. Union of India, it was determined that no mining operations should be permitted without corrective actions in order to integrate sustainable development principles. For this reason, before any mining operation is allowed, an Environment Impact Assessment must be completed.
• Kuldeep Singh v. State of Haryana, in this case, the respondent was indulged in illegal mining activities without following any environmental norms. It had failed to provide green belt of 7.5m and to provide safety zone. Thus, the respondent was liable for compensation.

• LEGISLATION RELATING TO HEALTH AND SAFETY OF MINE WORKERS

Health risk to mine workers: 

Mining involves a series of dangerous activities. Those who are working in a mine are thus exposed to a great health risk. Various health issues involved in course of mining activity are:

• Respiratory Issues: Diseases like black lung disease, silicosis, and asbestosis from inhaling dust and fumes.
• Hearing Loss: Noise-induced hearing loss from loud machinery and equipment.
• Musculoskeletal Injuries: Strains, sprains, and back problems from physically demanding work.
• Cardiovascular Risks: Increased risk of heart attack and high blood pressure due to physical exertion and stress.
• Cancer: Exposure to carcinogens like radon, diesel exhaust, and toxic chemicals.
•  Heat Stress: Dehydration and heat stroke in hot working conditions.
• Accidents: Injuries from cave-ins, explosions, equipment malfunctions, and falls.

Laws for health and safety of mine workers:

Mining includes several processes which are dangerous for the person performing as well as for the people present there at that time. Consequently, appropriate regulation is required to uphold safety protocols at the mine site and safeguard the worker’s health .The Mines Act of 1952 is the primary  legislation pertaining to worker’s health and safety. Chapter V specifically deals with provisions to health and safety.  Mines Act,1952 have some of the provisions same as Factories Act, 1948 but in respect of mine workers. It covers certain important provisions such as:

1. It lays down powers and functions of inspectors: These include power to conduct any kind of inquiry or investigation regarding working of a mine, enter into any mining site and inquire about the working condition, ventilation of the mines etc., seize any register or document etc. Chief Inspector also have the power to not to allow employment in certain cases. The person who is prohibited from employment shall be entitled to full wages. Inspector has also power to make it necessary for any worker working in the mine to have his medical examination done if in his opinion he is not an adult or not attained age of 16 years.
2. Certifying surgeons: Qualified medical practitioners are appointed by the union government.  These perform their duties such as examination of adolescents and issuance of certificate of fitness to adolescents and to those who are involved in any dangerous activity of the mine.
3. Provision of drinking water: The provision provides that there must be effective arrangement for providing and maintaining sufficient supply of wholesome drinking water for those working above as well as under the ground of a mine area.
4. Provisions as to conservancy: There must be provision of sufficient number of latrines and urinals conveniently accessible to all the workers at all working hours. Male and female urinal and latrines must be kept apart.
5. Maintenance of medical appliance:  There must be maintained a first aid box or cupboard with specified contents and where there are more than 150 workers employed, there must be also provision of first aid room. 
6. Limitation of employment: it is provided that no worker in a mine will be permitted to work in a mine for days exceeding 6 in a week. In case, he is deprived of such weekly day of rest, then compensatory days of rest will be given to him which will be equal to the number of days of rest he has been disadvantaged of which he can avail during that month and following two months.
7. Hours of work: It is prohibited for any mine worker operating above ground to work hours exceeding 48 in a week or nine hours per day. Spreadover of more than 12 hours, including rest time, is prohibited. The employee is not permitted to work hours exceeding 5 hours straight unless he takes a minimum of thirty minutes off. No mining worker who works underground is permitted to work more than eight hours per day or more than 48 hours per week. They had to continue working underground in shifts. No one is permitted to work for hours exceeding 10 in a single day including his overtime.
8. Extra wages for overtime: In case a mine worker works for more than 8 hours below the ground or 9 hours above the ground or more than 48 a week in both the cases- above and below the mine, then he is entitled to wages at the rate of twice his ordinary rate of wages.

Another important rules concerning health and safety of mine workers are mines rule,1955. They were created with an aim to safeguard health and safety of workers. The main features of the same are:

1. Mines Rules ,1955 has the same provision for certifying surgeon as Mines Act,1952 . It is applicable on every mine worker except who are employed purely on temporary basis for a period not exceeding 6 months. A person who without any reasonable cause fails to appear for medical examination after notice provided to him shall be liable to be discharged from services. According to 29M, unfit people will not be employed. If unfit person gets fit within 6 months, then he can submit himself for re-examination.
2. It specifies quantity of drinking water. According to the rule, at least 2 liter drinking water per worker must be readily available and conveniently accessible and if the drinking water is not provided from tap, it must be stored in cool and suitable vessel.
3. It specifies the quantity of urinals and latrines. There must be atleast 1 for every 50 males and 1 for every 50 females. It also provides standard for construction such as site must be approved by inspector, adequately drained etc.There is a provision for water for washing as given under Rule 36. These must be kept in clean and hygienic condition.
4. Rule 43 provides for first aid room if there are more than 150 workers are employed.
5. It also discusses provision of shelter if 50 or more workers are employed. It also provides for a scope of canteen if more than 250 persons are employed. It also provides for standard of shelter and canteen.
6. Rule 67 states that mine area must be kept in sanitary condition. A provision for hot water must be there to clean utensils and equipment. All the furniture, utensils and equipment must be kept in sanitary condition.

Mines vocational training rules, 1966: These rules mandate training to mine workers before they are employed in any mine. These ensure that workers are well trained enough to handle machinery, operations to avoid any unfortunate incidents. These include training for persons previously employed, already employed, persons employed belowground in gassy mines, timber mistry, for handling of explosives, shotfiring etc.

International Conventions: Many international conventions had health and safety of mine workers as their agenda. These were:

1. Safety and Health in Mines Convention, 1995:  Adopted at the 82nd International Labour Conference, it was a convention of the International Labour Organisation. . It was the conference which aimed to spread awareness about the various dangers in the mining workplace and providing a solution to these dangers. It aims to oversee and safeguard miners’ Occupational Safety and Health. This agreement was adopted by ILO on June 22, 1995. It deals with responsibilities of employers, rights and duties of workers etc.
2.  Safety and Health in Mines Recommendation, 1995: It was held in Geneva on 6th June 1995. It sought to address issues such as the need to prevent worker fatalities, injuries, or illness, as well as the right to information, training, and meaningful consultation on and participation in the planning and implementation of health and safety measures. It also acknowledges the necessity of collaboration between the World Health Organisation, International Labor Organization, International Atomic Energy Agency and other important organizations.

Directorate General of Mines Safety: 

It is a governmental body formed under Ministry of Labor and Employment with an aim of occupational safety, health and welfare of mine workers. These subjects are part of Union list. Thus, these are the concerns of Central Government. Taking in mind these subjects, Mines Act, 1952 was enacted and rules were also framed therein. These were regulated by Director General of Mines safety. It has its headquarters at Dhanbad ( Jharkhand) .Achieving risk and hazard-free working conditions and the welfare of mine workers is the goal of DGMS.

Judicial pronouncements relating to labour laws relating to mining:

• In the case of M/s Creative Garments v. Kashiram, the court stated about the 4 labour codes which will be replacing several labour laws. These codes were formed to make labour laws simpler and strengthening the protection to labour workers. The Mines Act, 1952 has been made a part of Occupational Safety, Health and Working Conditions Code. 
•  In the case of State of Meghalaya v. Ali Dimasa Students Union,  the court ruled that the District Magistrate cannot take direct action or issue an order while performing the duties and powers of an inspector without first consulting the Chief Inspector. 
• In the case of Rakesh Dalal v. State of Haryana, it was decided that as per the Constitution, the Mines Act of 1952 and its implementing subordinate laws control the health, safety, and welfare of mine workers. This Directorate, a subordinate office under the Ministry of Labor & Employment, oversees and manages adherence to the Mines Act, 1952 and the regulations governing certain mining operations, such as deep hole blasting and the deployment of heavy earth moving machinery. The court also ruled that the Mines Act of 1952 requires inspection.
• In the case of India Cement Limited v. Director General of Mine Safety, the court clarified the purpose of the Mines Act of 1952. The Mines Act is a social welfare legislation that was largely passed with the intention of safeguarding mine workers from industrial and occupational dangers, with a particular focus on worker safety. As a result, the Mines Act lays out strict guidelines about the owners’ duties to safeguard employees and ensure that they have jobs and living conditions that are safe and healthy. 
•  In the case of Devidas Khatri v. State of Rajasthan, the court decided that the mine owner and agent—are accountable for the safety, health, and welfare of mine workers according to section 18(1) and 18(4) of the Mines Act,1952.

1. ROLE OF CORPORATE SOCIAL RESPONSIBILITY IN FIELD OF MINING

Corporate Social Responsibility (CSR) plays a critical role in the mining industry by focusing on the environmental, social, and economic impacts of mining operations. The role of CSR in mining can be understood through several key aspects:

1. Environmental Stewardship: Mining may have significant environmental effects ,for example deforestation, air  pollution, and habitat destruction. CSR initiatives often focus on minimizing these effects through sustainable practices like reducing carbon emissions, rehabilitating mined areas, and ensuring proper waste management.
2. Community Engagement and Development: Mining operations can affect local communities, both positively and negatively. CSR efforts aim to foster positive relationships with local populations by investing in infrastructure (such as schools, healthcare, and roads), creating job opportunities, and supporting local businesses. It also involves respecting indigenous rights and addressing the concerns of affected communities.
3. Ethical Labor Practices: CSR in mining entails protecting workers’ rights, equitable pay, and safe working conditions. This also involves promoting diversity, equality, and fair treatment in the workforce, particularly in areas where labor conditions can be exploitative.
4. Transparency and Governance: Mining companies can be involved in corruption, environmental violations, and human rights abuses. A strong CSR strategy ensures transparency in reporting and governance, allowing stakeholders (governments, local communities, NGOs) to hold companies accountable.
5. Economic Contributions: By making sure that the advantages of mining, like income and jobs, are distributed fairly among local communities and governments, CSR can support sustainable economic growth. This may also include contributions to local economies through taxes, royalties, and partnerships.
6. Stakeholder Engagement: Mining companies that focus on CSR take into consideration the interests of various stakeholders, including investors, regulators, local communities, and environmental groups. Engaging stakeholders and addressing their concerns can help improve the reputation of a company and secure long-term social license to operate.

• CONCLUSION:

In conclusion, the sustainability of mining activities is greatly influenced by the legislative framework surrounding the industry. While progress has been made in addressing environmental concerns, labor rights, and community welfare, significant gaps remain in the enforcement and adaptation of these laws to the evolving challenges of modern mining. As global demand for minerals intensifies, particularly with the rise of renewable energy technologies, mining regulations must adapt to make sure that the extraction of resources does not come at cost of environmental integrity or human rights.

Looking toward the future, several key trends and reforms are critical for achieving sustainable mining. First, stricter regulations on environmental impact assessments, waste management, and land reclamation will be necessary to reduce the industry’s ecological footprint. Additionally, greater emphasis will be placed on ensuring the rights of indigenous communities and affected populations are fully protected, with stronger legal frameworks for land acquisition and compensation.

Technological advancements will also shape future mining regulations. Tools such as remote monitoring, artificial intelligence, and blockchain can enhance transparency, improve compliance, and provide better oversight of mining operations. Legal reforms will need to keep pace with these innovations to ensure they are harnessed to promote sustainable practices.

Ultimately, the future of mining law will depend on a balanced approach—one that promotes responsible resource extraction through stricter regulations, greater corporate accountability, and incentives for sustainable practices. By strengthening legal frameworks and fostering collaboration between governments, industry, and civil society, mining can evolve to meet the demands of the future while minimizing harm to the planet and its people.