Indian Government says Vedanta violated licensing rules at Nyamgiri
Published by MAC on 2009-11-30Last August, India's newly appointed central minister for environment and forests (MoE&F) promised to blow a "new wind" through some of his country's dusty and corrupt corridors of administrative power.
In particular, Jairam Ramesh said he'd staunch the flow of retrospective and rubber stamped ("in-principle") permits, given to questionable industrial developments in rural areas. In many cases, these permits have contravened rights recently afforded to forest dwelling communities, particularly Adivasi (Indigenous) ones. See: http://www.minesandcommunities.org/article.php?a=9437
Mr Ramesh has now demanded that the Orissa state government explain why UK-listed Vedanta Resources was allowed to work on (and indeed destroy) government land, in violation of the MOE&F's guidelines.
Although the move is welcome, on its own it's not going to halt Vedanta's Nyamgiri bauxite mine project - for which the Orissa state government itself is technically the lead partner.
Last week, rumours circulated in India that this project was about to receive final permitting, following four years massive opposition at both ground and top judicial levels.
Nonetheless, two legal challenges still remain to be heard.
Vedanta flouts rules in Orissa, central government wants to know why
Indo Asian News Service (IANS)
27 November 2009
New Delhi - The union environment ministry has written to the Orissa government asking why the controversial bauxite mining project by the private firm Vedanta had been allowed to start work in violation of a ministry guideline.
Environment Minister Jairam Ramesh said Friday that a probe had found construction work had started in land that belonged to the revenue department, though the project had not yet been cleared by his ministry.
The project to mine bauxite at the Niyamgiri hills -- sacred to the locals -- has been vehemently opposed. It envisages mining in protected forest area too.
Ramesh said in a statement: 'I have been receiving a large number of representations in regard to the project for bauxite mining by the Orissa Mining Corporation (OMC) through Vedanta, a private mining company, in Kalahandi and Rayagada districts of Orissa. The total amount of forest land proposed to be diverted is 660.749 hectares, of which around 353.14 is in the Niyamgiri reserved forest. Concerns have also been raised on the impact that this project will, inter alia, have on livelihoods of tribal communities.'
Recalling that the project application was received Feb 26, 2005, Ramesh said the ministry gave 'in-principle' approval Dec 11, 2008, 'to be converted to a final approval after the fulfilment of stipulations contained in the 'in-principle' approval'.
Local residents started complaining to the ministry that Vedanta had started project activities without the final approval, so on Aug 6 this year Ramesh asked the Regional Chief Conservator of Forests based in Orissa capital Bhubaneswar to investigate the complaints. The official reported on Aug 16 that construction activity had begun in the revenue department's land.
'Technically this is not a violation of the law but it is a violation of the guidelines issued by the MoE&F (Ministry of Environment & Forests) which says that when a project involves non-forest and forest lands, construction in the non-forest land should not begin without clearance for activity in the forest land itself,' Ramesh stated.
'A letter has been issued on November 25th, 2009 to the Orissa Government asking for an explanation as to how the violation of this guideline has been permitted.'
According to the minister, on Aug 3 the ministry had issued a 'binding guideline' to all state governments that application for diversion of forest land for other purposes would be considered 'only after all due processes contained in the Scheduled Tribe and Other Forest Dwellers (Recognition of Rights) Act, 2006 have been fully and satisfactorily completed'.
Ramesh's statement said: 'A letter was subsequently issued by the MoE&F to the Orissa government on November 3, 2009 directing the state to comply with the provisions of the Scheduled Tribe and Other Forest Dwellers (Recognition of Rights) Act, 2006 and provide evidence for the compliance before the centre could examine conversion of the 'in-principle' approval to final approval. The reply of the state government is awaited.'
The union ministry is sending another inspection team in the next one week to verify fresh allegations of violations of the terms of the 'in-principle' approval.
The minister said: 'The new policy of the MoE&F does away with the concept of 'in-principle' approval. Projects are now being examined for approval or rejection so that there is no ambiguity and project proponents do not misuse the 'in-principle' approval
Project for bauxite mining in Orissa
Ministry of Environment and Forests Release
27 November 2009
Minister of State (Independent Charge) Shri Jairam Ramesh received a large number of representations in regard to the project for bauxite mining by the Orissa Mining Corporation (OMC). In a statement issued here today he said the projects are now being examined in the Ministry for approval or rejection so that there is no ambiguity and project proponents do not misuse the ‘in-principle' approval.
The following is the text of Shri Jairam Ramesh on the issue of bauxite mining in Orissa:
"I have been receiving a large number of representations in regard to the project for bauxite mining by the Orissa Mining Corporation (OMC) through Vedanta, a private mining company in Kalahandi and Rayagada districts of Orissa. The total amount of forest land proposed to be diverted is 660.749 ha., of which around 353.14 ha is in the Niyamgiri reserved forest. Concerns have also been raised on the impact that this project will, interalia, have on livelihoods of tribal communities.
The project application was received in the Ministry of Environment & Forests (MoE&F) on February 26, 2005. The MoE&F gave ‘in-principle' approval for this project on December 11,2008 under the Forest Conservation Act,1980. This ‘in-principle' approval is to be converted to a final approval after the fulfillment of stipulations contained in the ‘in-principle' approval.
As the representations started coming in, on August 6, 2009 the MoE&F asked the Regional Chief Conservator of Forests, Bhubaneshwar to investigate complaints that project activities have started even without the final approval of the Central Government in violation of the Forest Conservation Act, 1980. The site was inspected and the site inspection report was submitted on August 16,2009. The site inspection report found that construction activity had begun in the non-forest revenue land.
Technically this is not a violation of the law but it is a violation of the guidelines issued by the MoE&F which says that when a project involves non-forest and forest lands, construction in the non-forest land should not begin without clearance for activity in the forest land itself. A letter has been issued on November 25th,2009 to the Orissa Government asking for an explanation as to how the violation of this guideline has been permitted.
On August 3, 2009, the MoE&F had issued a binding guideline to all State Governments that application for diversion under the Forest Conservation Act, 1980 would be considered only after all due processes contained in the Scheduled Tribe and Other Forest Dwellers (Recognition of Rights) Act, 2006 have been fully and satisfactorily completed.
A letter was subsequently issued by the MoE&F to the Orissa Government on November 3, 2009 directing the State to comply with the provisions of the Scheduled Tribe and Other Forest Dwellers (Recognition of Rights) Act, 2006 and provide evidence for the compliance before the Centre could examine conversion of the ‘in-principle' approval to final approval. The reply of the state government is awaited. In addition, another site inspection team is being sent in the next one week to verify fresh allegations of violations of the terms of the ‘in-principle' approval under Forest Conservation Act,1980.
The new policy of the MoE&F does away with the concept of ‘in-principle' approval. Projects are now being examined for approval or rejection so that there is no ambiguity and project proponents do not misuse the ‘in-principle' approval."