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Regulatory reform for non-fuel minerals: improving the post-leasing clearance mechanism

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Banerjee, Srestha

International Forum for Environment, Sustainability & Technology

Brookings Institution - Washington, DC

2020

14 p.

mining ; environmental protection ; control and regulation ; law ; implementation ; waste site cleanup

India

Working Paper

Law

English

"The post-leasing clearance mechanism for mining projects, particularly with respect to environment, forest and community related matters, has remained a key matter of policy discourse for over one and a half decade in India. For mining businesses, it is often perceived as one of the key challenges for commencing mining operations in a timely manner and doing business profitably, considering the number of permits, the complexities of the processes and the time taken to obtain them. At the same time, since mining is an extractive industry with considerable environmental and social externalities, there is a strong emphasis on enforcing a robust and comprehensive regulatory mechanism to minimise such impacts. Given the significance of the mining sector for the economy, as well as the importance of safeguard environmental protection and the interests of local communities, it is important to balance these competing demands. This paper outlines a post-leasing clearance mechanism to improve the clearance process, as well as monitoring and enforcement mechanisms, drawing on some international best practices and considering the scope and merit of India's regulatory and policy framework. It emphasises on an integrated assessment process for granting various clearances, strengthening community engagement and public consultation to reduce disputes, improving capacities of enforcement authorities to improve compliance monitoring, undertaking a regional planning approach to conserve sensitive ecological habitats and delineating mining jurisdictions, and the need of a concerted administrative approach involving key ministries related to the post-leasing clearance mechanisms."

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