Is Environmental Clearance Required for Quarrying Licenses?

In the mining and quarrying sector in India, one persistent question arises: License has to be Granted when there is Environment Clearance. This query touches on critical environmental regulations and licensing procedures under laws like the Environment (Protection) Act, 1986, and state-specific mineral concession rules. For business owners, quarry operators, and legal practitioners, understanding this interplay is vital to avoid delays, rejections, or legal challenges.

This blog post breaks down the legal position, drawing from landmark judgments and recent cases. We'll explore when environmental clearance (EC) is a precondition for granting licenses, exceptions for pre-existing leases, and practical implications. Note: This is general information based on case law and should not be considered specific legal advice—consult a qualified lawyer for your situation.

The Legal Requirement for Environmental Clearance in Quarrying

Environmental clearance has become a cornerstone of sustainable mining practices since the Environment Impact Assessment (EIA) Notification, 2006. Post the Supreme Court's judgment in Deepak Kumar and a government notification dated 18/05/2012, no mining operation (by lease or permit) is permissible without environmental clearance2015 0 Supreme(Ker) 1480. This applies particularly to new quarrying operations.

However, the requirement isn't absolute. The legal requirement for environmental clearance is a precondition for granting a license for quarrying operations, especially when such operations are not existing leases at the time of the judgment. However, in the case of existing leases where environmental clearance was not initially obtained, the continuation of such leases does not mandate obtaining environmental clearance at renewal, provided the lease was valid and obtained before the relevant legal changes2015 0 Supreme(Ker) 1480.

Key Principles from Precedent

• New Operations: Environmental clearance is generally required for new mining or quarrying operations unless the lease was existing at the relevant time when such clearance was not mandated 2015 0 Supreme(Ker) 1480.
• Existing Leases: Leases obtained before the 2012 notification do not require new clearance upon renewal 2015 0 Supreme(Ker) 1480.

In Najeeb Vs. Shoukath Ali, the court clarified this distinction, emphasizing that for leases in force prior to the notification, EC isn't immediately needed at renewal 2015 0 Supreme(Ker) 1480.

Case Study: Petitioner's Valid Quarrying License

Consider a scenario where a petitioner holds a quarrying license (Ext. P1) valid until 24/01/2021, obtained before the 2012 notification. The court ruled that since the license was obtained prior to the 2012 notification, and it was a continuing lease, there was no legal obligation to secure environmental clearance at this stage. The petitioner had all other necessary clearances, leading the court to quash the rejection of the license application and direct its issuance 2015 0 Supreme(Ker) 1480.

This decision underscores that the court's decision to quash the rejection of the license application and direct issuance of the license indicates that, in this context, the existing license sufficed, and environmental clearance was not an immediate requirement for renewal or continuation2015 0 Supreme(Ker) 1480.

Exceptions and Limitations

The rule has clear boundaries:- Applies specifically to leases that were valid at the time of the relevant legal changes and not to new leases or operations initiated after the notification2015 0 Supreme(Ker) 1480.- Environmental clearance is necessary for new mining operations or leases obtained after the relevant notification, but not necessarily for existing leases that were in force beforehand2015 0 Supreme(Ker) 1480.

Recent cases reinforce this. For instance, in Odisha, the State Environment Impact Assessment Authority (SEIAA) granted EC dated 18.10.2021 for stone extraction from Tolarpasi Road Metal Quarry, highlighting that for new or renewed projects post-notification, clearance is standard 2024 Supreme(Online)(NGT) 3505. The affidavit noted: Environmental Clearance dated 18.10.2021 was granted to the Respondent No.13, Project Proponent, for extraction of stone material from Tolarpasi Road Metal Quarry2024 Supreme(Online)(NGT) 3505.

In Kerala, challenges to EC grants for granite quarries show scrutiny is intense. Residents contested an EC dated 02.08.2022, alleging ignored objections, prompting the National Green Tribunal (NGT) to direct SEIAA-Kerala to review it 2024 Supreme(Online)(NGT) 3463 2024 Supreme(Online)(NGT) 2056. Despite objections raised by the appellants without considering the same, the Environmental Clearance was #....2024 Supreme(Online)(NGT) 3463.

Insights from Other Jurisdictions and Rules

State-specific rules add layers. Under Gujarat Minor Mineral Concession Rules, 2017, timely EC fulfillment is key for quarry leases. In one case, the petitioner hadn't obtained EC by the deadline but assured compliance: It is the say of the petitioner that an application has already been made for obtaining the clearance, but for the reasons beyond his control the authority has not yet granted the Environment Clearance2022 0 Supreme(Guj) 1286. The court disposed of the petition after interim directions for lease grant, emphasizing execution within time frames 2022 0 Supreme(Guj) 1286.

Kerala's cases under Minor Mineral Concession Rules, 2015, affirm SEIAA's role. Quarrying was upheld post-EC, with the court noting: The court found that the environmental clearance certificate was issued by the competent authority after examining all aspects and that the quarrying operations were being conducted in a legal manner2024 0 Supreme(Ker) 274.

Even in delays, undertakings prevent operations sans EC: Learned advocate appearing for the petitioner has submitted that the petitioner has filed an undertaking in terms of the order of this Court assuring that he shall not commence mining activity till the Environment Clearance is granted2022 Supreme(Online)(Guj) 12076.

Practical Recommendations for Stakeholders

To navigate this:- New Applicants: Secure EC from SEIAA or MoEFCC before applying for licenses, as per EIA Notification, 2006 2024 0 Supreme(Ker) 274.- Existing License Holders: Verify lease date against 2012 notification; no immediate EC needed for renewals, but monitor expansions 2015 0 Supreme(Ker) 1480.- Authorities: Check acquisition dates relative to notifications to decide EC necessity 2015 0 Supreme(Ker) 1480.- Future renewals or upgrades may trigger fresh scrutiny, as seen in cases involving infrastructure like hospitals where post-permission EC was obtained 2022 0 Supreme(Guj) 700.

Conclusion and Key Takeaways

While environmental clearance is typically mandatory for new quarrying licenses, existing pre-2012 leases enjoy exceptions upon renewal, promoting continuity without compromising regulations. Cases like Najeeb Vs. Shoukath Ali provide clarity, but evolving notifications demand vigilance 2015 0 Supreme(Ker) 1480.

Key Takeaways:- New quarries: EC first 2024 Supreme(Online)(NGT) 3505.- Existing leases: Often no EC at renewal 2015 0 Supreme(Ker) 1480.- Always obtain other clearances and undertakings if delayed 2022 0 Supreme(Guj) 1286.

Stay compliant to avoid NGT challenges or license revocations. For tailored advice, reach out to environmental law experts.