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State of Rajasthan - Section

Section 37U in The Rajasthan Minor Mineral Concession Rules, 1986

37U. Cluster Level Environmental Conditions.

- Following provisions shall be incorporated in the environment management plan:-
(1)Removal and utilization of top soil: - (i) The top soil collected during mining operations shall be managed to stack systematically at approved site; and
(ii)Top soil so stacked shall be utilized for plantation or for restoration and rehabilitation of the land no longer required for mining operations or for stabilizing/landscaping the overburden dumps.
(2)Storage of overburden waste rock, etc.: - (i) The overburden, waste rock and non-saleable mineral generated during mining operations shall be managed to stack separately in properly formed dumps on grounds earmarked in approved environment management plan for cluster;
(ii)The over burden dump shall be properly secured to prevent the degradation of the surrounding land or silting of water courses;
(iii)Wherever possible, use such waste rock or overburden or other rejects for back filling the worked out quarry or mine where mineral has been recovered up to the optimum depth, with a view to restore the land to its original use or desired alternate use. Where the backfilling is not feasible, the waste dumps shall be scientifically vegetated by suitable native species to prevent erosion and surface run off; and
(iv)The maximum height of the already existing waste dumps shall not exceed 5 meters and it shall be protected by walls of rubble stones on toe to prevent the flow of fine particles.
(3)Reclamation and Rehabilitation of lands: - Restoration, reclamation and rehabilitation of land affected by mining operations shall be undertaken in a phased manner so that work is completed before the conclusion of mining operations and the abandonment of the quarry or mine with a view to leave a productive and sustainable site.
(4)Precaution against air pollution: - (i) Air pollution due to dust, exhaust emissions or fumes during, mining or processing operations for mineral and related activities shall be controlled and kept within permissible limits as specified under any environmental law for the time being in force. Main haulage roads of mine shall be kept wet by sprinkling of water; and
(ii)Periodical examination of air quality shall be monitored by the association of the cluster and results shall be intimated to concerned Mining Engineer/Assistant Mining Engineer as well as regional officer of the State Pollution Control Board.
(5)Discharge of effluents: - All possible precautions shall be taken to prevent or reduce to a minimum, the discharge of toxic and objectionable liquid effluents from quarry or mine, workshop or processing plant, into surface or ground water bodies and usable lands. These effluents shall conform to the standards laid down in this regard.
(6)Precaution against noise: - (i) Noise arising out of mining and processing operations for mineral at the source shall be controlled so as to keep it within the permissible limit; and
(ii)Periodical examination of noise pollution shall be monitored by the association of the cluster and results shall be intimated to concerned Mining Engineer/Assistant Mining Engineer as well as regional officer of the State Pollution Control Board.
(7)Restoration of flora: - (i) Effective measures shall be taken for plantation in the area earmarked in environment management plan of the cluster. [It shall be ensured that plantation shall be done at least 5% of the leased out area of cluster every year, in area earmarked in environment management plan of the cluster, subject to the norms specified by the Environment Department] [Substituted by Rajasthan Gazette Extra Ordinary dated 05/03/2013];
(ii)The earmarked site(s) for plantation shall be fenced and proper planning of watering and caring the plants shall be implemented. The same shall be looked after during the subsistence of the cluster;
(iii)Suitable trees shall be planted along cluster boundary, on both sides of the major roads, near site office of the mine and over the inactive dumps;
(iv)The lessee/licensee/short term permit holder shall not cut or injure any tree in area of his lease/licence/permit without the previous sanction in writing of any officer authorised in this behalf under any law in force; and
(v)Take all precautionary measures during mining operation for conservation and protection of endangered flora and fauna.
(8)Water management: - (i) Water collected shall be analyzed and if found potable then it shall be diverted for drinking purpose in consultation with State Public Health Engineering Department;
(ii)Accumulated un-potable rain water shall be dewatered and diverted to nearby pond/aquifer/river/nallah, catchment area by providing suitable pipe line or drains or link canals, as the case may be, in consultation with State Public Health Engineering Department;
(iii)The procedure of water harvesting shall be adopted to recharge the ground water table;
(iv)Effective steps shall be taken for setting up of a water treatment plant wherever required to treat the effluents collected in the working pits; and
(v)For working below ground water level the lessee, licensee or short term permit holder shall carry out a detailed hydro-geological study taking into account the mine water discharge, management of discharged water and shall obtain prior approval of State Ground Water Department.
(9)Corporate Social Responsibility: - (i) Regular health check up camps for the workers engaged in mines shall be organized;
(ii)Occupational health surveillance program of the workers shall be undertaken periodically to observe any contractions due to exposure to dust and take corrective measures, if needed;
(iii)Insurance cover to all workers engaged in mines shall be provided;
(iv)Common vocational training center shall be setup at district level; and
(v)Local needs of habitant like school, creche, hospital, veterinary hospital, sanitation, drinking water etc. shall be considered positively.
(10)Environmental Management Fund: - (i) [***] [Deleted by Rajasthan Gazette Extraordinary dated 14/02/2013]
(ii)The Environmental Management Fund shall be allotted by District Level Environment Committee for environment development work, to the concerned association of cluster or to the agency to whom such work is assigned.]
(11)[ Procedure for collection of Environment Management Fund (EMF): [Inserted by Rajasthan Gazette Extraordinary dated 01/01/2013] - (i) In case of mining leases and short term permit contribution for Environment Management Fund shall be collected provisionally at the time of issuing rawanna which shall be finalised at the lime of assessment and the difference amount shall be recovered or refunded, as the case may be.Provided that in case of mining leases where excess royalty collection contract is given, the contribution for Environment Management Fund for the quantity of mineral dispatched above the dead rent limit shall be recovered along with royalty through contractor. The contract amount for the existing contractors to be authorised for recovering contribution for Environment Management Fund shall be proportionately revised.
(ii)In case of quarry licences, contribution for Environment Management Fund shall be recovered at the check post/naka by department official or by the contractor if authorised in this behalf. The contract amount for the existing contractors to be authorised for recovering contribution for Environment Management Fund shall be proportionately revised.
(iii)Mining Engineer/Assistant Mining Engineer shall maintain clusterwise ledger of EMF for keeping record of collection from lessee/licencee/permit holder and expenditure incurred. Cash book shall be maintained separately for EMF.]
Chapter - V Assessment of Royalty