Dropping the term "reserve forests" from the Tamil Nadu Minor Mineral Concession Rules, 1959, would be disastrous for forest ecology of the state as total Protected Areas are only 30% of the total forest area, according to environmentalists. "With the rule change around 200 quarries would start functioning again which would have a disastrous impact on forest ecosystems," said G Sundarrajan of Poovulagin Nanbargal (Friends of Earth), an environmental protection organisation.
Tamil Nadu government had recently stated that while granting licences quarrying and mining activities would not be permitted within 60m of boundaries of reserve forests, but environmentalists are of the view this wouldn’t be of help as a protective barrier. “Saying reserve forests, which form the majority of forest area in the state, are not protected would set a dangerous precedent,” said Sundarrajan.
In November 2021, in exercise of the powers conferred under the Minies and Minerals (Development and Regulation) Act, 1957, Tamil Nadu government made amendments to the Tamil Nadu Minor Mineral Concession Rules, 1959, to protect archeological sites and ancient monuments in the state. The amendment banned quarrying or mining activities in a radial distance of one km from boundaries of ecologically protected areas such as "national parks, wildlife sanctuaries, tiger reserves, elephant corridors and reserve forests.”
On December 14, the state government dropped the term "reserved forest" from the rule, leading to protests. Alliance partners of the ruling Dravida Munnetra Kazhagam (DMK) and environmental activists asked the Tamil Nadu government to withdraw the Government Order (GO) that allows quarry and mining operations within a radius of one km of reserved forests, Durai Murugan, state minister for water resources, last week issued a clarification stating that reserved forests do not include sanctuaries and national parks.
The Government Order dated December 14, 2022, removed the term ‘reserve forests’ in rule 36, in sub-rule (1A) in clause (e) of Tamil Nadu Minor Mineral Concession Rules, 1959.
This led to widespread debates and criticism. In a statement, Durai Murugan said the Union government rules and Supreme Court judgments do not prohibit quarries from operating near the reserve forests.
No mining operations within a one km radius of designated national parks, wildlife sanctuaries, tiger reserves, and elephant corridors would be allowed and this decision is in accordance with the Supreme Court judgement on TN Godavarman Thirumulpad vs Union Of India & Others, the minister said in the statement.
The apex court passed an order on August 4, 2006, to restrain the grant of temporary working permits for mining within safety zones around any national park/wildlife sanctuary declared under Sections 18, 26A or 35 of the Wild Life (Protection) Act, 1972. As an interim measure, a direction was issued to maintain a one-kilometre safety zone, which was subject to the orders that may be made in the present IA (I.A. No.1000 of 2003).
“I also would like to highlight that as per MoEFCC 's guideline dated February 9, 2011, the rule that restrains mining operations in national parks and wildlife sanctuaries should be strictly followed,'' the statement said, adding that 'reserved forests' in the 2021 GO meant sanctuaries and national parks. Protected forests are not reserved forests. “MoEFCC guideline dated February 9, 2011 is related to the eco-sensitive zones of sanctuaries and national parks and not to the protected forests,” the minister’s statement further reads.
The minister said that Pattas (land deed) and lease licence for the government ‘poramboke’ lands in areas adjacent to reserve forests were given with a condition that no mining operations can take place within a radius of 60 metres from the forest boundary and that this condition was in existence from 1959 till November, 2021.
As per Durai Murugan’s statement only sanctuaries and national parks require such zones. The minister said new lease licences will be given for the quarry and mining operations with the condition that no operations 60 metres from the boundaries of the protected forests would be allowed. The existing quarries can be operated as usual.
Quarry owners had complained that work in quarries, mines, and stone grinding units located within the one km radius were affected due to the provision, the statement said. He also noted that more than 200 mines including 19 quarries that granted leases to the Tamil Nadu Minerals Limited (TAMIN) were functional, before the notification, within the one km radial distance. Due to the new rule enacted in 2021, quarrying operations here had to be stopped and many workers became unemployed.
Poovulagin Nanbargal and politicians had raised concerns over lifting of the ban on mining in the forest boundaries on January 4. Leaders of political parties allied to DMK including Vaiko, secretary-general of Marumalarchi Dravida Munnetra Kazhagam and Thol Thirumavalavan, founder and president of Viduthalai Chiruthaigal Katchi had written a letter to Tamil Nadu Chief Minister MK Stalin requesting him to withdraw the order.
"According to the Forest Survey of India, only 20.31% of the landscape of Tamil Nadu is only covered with forests. Of that, only about one-third are national parks, wildlife sanctuaries, tiger reserves, and elephant corridors. The new announcement on the ban lift put all the reserved forests in danger," the letter said. If the mining activities mushroom again, it will impact the passage of wild animals which will result in increase in human-animal conflicts and affect the agri produce, the letter noted.
The three-page letter also stated the prevailing dire situation in Kanyakumari and Tirunelveli where the mountains are mined to transport stones and sand to the neighbouring states. The green activists called this new amendment against the objectives of many judgments given by the supreme court that are aimed to protect forests.