Section 17 in Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019
17. Mining Plan.
- Each Mineral Concession Holder/Government/ Corporation as the case may be shall have to submit a Mining Plan, to the Department/Mining Officer before commencing the mining operation. Such mining plan shall be prepared by any Recognized Qualified Person.(1)Essential Factors to be considered for preparation of Mining Plan.-While preparing the Mining Plan the following issues should be taken into consideration:-(i)Estimated level of production.(ii)Estimated level of mechanization.(iii)Type of machinery to be used.(iv)Estimated quantity of diesel / fuel consumption.(v)Estimated number of trees to be uprooted due to mining operation.(vi)Previous level of the river-bed, quarry-bed to be ascertained by RQP and stated in the plan for calculation of mineable minerals.(vii)Ascertaining water level at mine-site and stating same in mine plan to avoid mining below ground water level as well as for study of ground water level.(viii)In case of mining of River-bed material calculation of Annual Rate of Replenishment for Sustainability of Sand Mining as per guidelines of MoEF & CC.(ix)Study to show the Annual Replenishment of sand in mining lease area being sufficient to sustain mining operations at level prescribed in the mining plan.(2)Important aspects of Mining Plan.-The said Mining Plan shall incorporate-(i)The plan of the precise area showing the nature and extent of the minor mineral reserve;(ii)Spot/ spots where the excavation is proposed and its extent;(iii)A detailed cross section and detailed plan of spots of proposed excavation.(iv)Details of the geology of the precise area including minor mineral reserves of the area.(v)The extent of manual mining/ mechanised mining in the precise area.(vi)Measures under Mine Closure plan -Progressive and Final Mine Closure plan.(vii)Annual programme and plan for excavation in the precise area from year to year for the entire mineral concession period.(viii)Tree/Plants conservation and development plan.(ix)Any other matter which the State Government may require to be provided in the mining plan.(3)The mining plan shall be prepared by a person who shall possess the qualification and experience as specified below.-(i)a degree in mining engineering or a post-graduate degree in geology granted by a University established or incorporated by or under an Act of Parliament or State Legislature or any institution recognized by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (Central Act No. 3 of 1956) or any qualification equivalent thereto; and(ii)Professional experience of five years of working in a supervisory capacity in the field of mining after obtaining the qualification as specified in clause (i):Provided that the person is empanelled with State Government or other State Government or Central Government.(4)Approval and submission of Mining Plan.-All Mineral Concession Holders or the Government/Corporation as the case may be shall submit a mining plan duly prepared by an RQP and approved by the Director or any officer / person/academic institution/Govt. agency authorized by the Department in this regard within a period of three months from the date on which communication regarding grant of mineral concession is received or such other period as may be decided/ allowed by the department for the submission of the approved mining plan.Provided that in case mine plan is prepared by the department through agencies, the cost shall be realized from the concerned Mineral Concession holder/ settlee.(5)Period of validity of Mining Plan.-The mining plan, once approved shall be valid for the entire mineral concession period unless revised/modified during the mineral concession period.(6)Modification of Mining Plan.-(i)The Director or any person authorized in this behalf by the Department may require the holder of a mineral concession to make such modifications in the mining plan or impose such conditions as it considers necessary by an order in writing if such modifications or imposition of conditions are considered necessary.(a)In light of the experience of operation of mines.(b)On account of change in the technological development.(c)In light of any change in the legal provisions or the orders of any court.(ii)A Mineral Concession Holder, desirous of seeking modifications in the approved mining plan, shall apply to the Department or any person authorized in this behalf setting forth the intended modifications and explaining the reasons for the same.(iii)The Director or any officer/ person / academic institution/ Govt. agency authorized in this behalf by the Department may approve the modification or approve with such alterations as it may consider expedient within a period of sixty days from the date of receipt of such application for modification of mining plan.(iv)Where no decision is communicated within the aforesaid period of sixty days, the mining plan or modified mining plan or scheme of mining, as the case may be, shall be deemed to have been provisionally approved, till such time a final decision in the matter is communicated.(v)In case of any increase in lease area or production capacity prior approval of competent authority of MoEF & CC has to be obtained.(7)(i)Mine Closure Plan- Every mine shall have Mine Closure Plan which shall be of two types -Progressive Mine Closure Plan; and Final Mine Closure Plan.(ii)Submission of Progressive Mine Closure Plan.-(a)The owner, agent or manager of a mineral concession shall submit a progressive Mine Closure Plan as a component of mining plan to the officer authorized by the Department in this behalf as the case may be for approval within a period of one year from the date of grant of such mineral concession.(b)The officer authorized by the Department in this behalf shall convey his approval or refusal of the progressive mine closure plan within ninety days of the date of its receipt.(c)If approval or refusal of the progressive mine closure plan is not conveyed to the owner, agent or manager of the mineral concession the progressive mine closure plan shall be deemed to have been provisionally approved, and such approval shall be subject to final decision whenever communicated.(iii)Submission of Final Mine Closure Plan.-(a)The owner, agent or manager of a mineral concession shall submit a final mine closure plan to the officer authorized by the Department in this behalf for approval one year prior to the proposed closure of the mine.(b)The officer authorized by the Department in this behalf shall convey his approval or refusal of the final mine closure plan within ninety days of the date of its receipt to the owner, agent or manager of the mineral concession.(c)If approval or refusal of the final mine closure plan is not conveyed to the owner, agent or manager of the mineral concession, the final mine closure plan shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated.(d)The essential factors for preparation of mine plan, modified mine plan and submission of final mine closure plan shall be subject to guideline issued from time to time by the State Govt./ Central Govt.
