Section 6 in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
6. Mining Plan a pre-requisite to the grant of minor mineral concession.
(1)No person shall be granted any minor mineral concession in any area under these rules unless a mining plan is submitted and approved by the Government :Provided that no such plan shall be required for short term permit or disposal permit as defined in these rules.(2)No person shall commence mining operations for minor minerals in any area except and in accordance with a mining plan approved under these rules.(3)Every minor mineral concessionaire shall prepare a mining plan along with the mine closure plan (progressive and final) and shall not commence mining operations in any area except in accordance with such mining plan duly approved under these rules. The mining plan shall contain the conceptual plan of the mining area taking into consideration the following aspects :-(i)level of production ;(ii)level of mechanization ;(iii)type of machinery used ;(iv)quantity of diesel/energy fuel consumption ;(v)number of trees uprooted due to proposed mining operations ;(4)The mining plan shall also incorporate the following details :-(i)the plan of the area under concession delineated on a map with boundaries duly marked along with the positions of boundary pillar with GPS readings ;(ii)the plan of the area under concession showing the nature and extent of the mineral body/spot or spots where the mining operations are proposed to be undertaken ;(iii)the plan of the area showing natural water courses, limits of reserved and other forest areas and density of trees if any, assessment of impact of mining activity on forest, land, surface and environment including air and water pollution i.e. the environment management plan ;(iv)details of the Geology and lithology of the area including the estimated mineral reserves of the area ;(v)extent of manual mining or mining with the use of machinery and mechanical devices ;(vi)tentative scheme of mining, annual programme and plan for excavation/production from year-to-year for a period of five years as part of mining plan ;(vii)proposed method of mining/development of mines, use of explosives and blasting operations if any, stocking and disposal of minerals, mine-drainage pattern, handling of the overburden, location of weigh bridges, and mineral processing if any while undertaking semi-mechanized open caste mining ;(viii)progressive and final mine closure plan ;(ix)details of scheme of restoration/rehabilitation of the area through aforestation, land reclamation, use of pollution control devices and such other measures as may be directed by the Government at time of approval to be executed by the lessee/Concessionaire on monthly, quarterly or yearly basis.(5)Where the mining operations have already been undertaken under an existing mineral concession before the commencement of these rules, the holder of such mineral concession shall also submit a mining plan along with mine closure plan within a period of ninety days from the commencement of these rules for approval by the authorized officer.(6)Every mining plan or scheme of mining submitted for approval under these rules shall be accompanied with a non-refundable fee of Rs. 1000/- for each hectare or part thereof in respect of the mining area covered under the mining plan.(7)Every mining plan shall contain all plans and sections serially numbered or suitably indexed. The tracings or copies of such plans and sections duly certified for its correctness by the owner, agent, Mining Engineer or Manager or Geologist appointed by the concessionaire, shall be kept at the site office of the minor mineral mine /concession area.(8)In addition to the requirements stipulated under sub-rules (3) and (4) above, every mining plan shall delineate the approach in respects of environmental safeguards and restoration and rehabilitation measures of the area with regard to the following :-(i)precautions for the protection of environment and control of pollution while undertaking mining operations in the area granted on minor mineral concession ;(ii)control of air-pollution due to dust exhaust emissions or fumes during mining or processing operations for minor mineral and related activities and containing the same within permissible limits specified under any environmental law for the time being in force ;(iii)precautions to prevent or reduce the discharge of toxic and objectionable liquid effluents from minor mineral concession area, workshop or processing plant within the permissible limits.No such toxic effluent shall be discharged in any water body or in the sub soil through a bore hole.(iv)abatement of and control over the noise arising out of mining and processing operations for minor minerals so as to keep the same within the permissible limits;(v)prevention and containment of any damage to the flora and fauna of the area held under concession and the nearby area, scheme of undertaking plantation to compensate for any unavoidable damage and maintenance of the same during the subsistence of the concession period;(vi)removal and stacking of any top soil or over burden or waste rock and non-saleable minor mineral excavated/ generated during the mining operations and utilization of the same for restoration and rehabilitation of the area;(vii)plan for phased restoration, reclamation and rehabilitation of land affected by mining operations.(9)The mining plan shall be approved in consultation with the Fisheries, Forest, Irrigation and Flood Control Departments ;(10)The mining plan once approved shall be valid for the mineral concession period unless revised or modified by the Government during the concession period.
