Forest Conservation Act, 1980 and Mining
Forest Conservation Act, 1980 and Mining
Forest Conservation Act, 1980 and Mining
and mining
Salient features of Forest
Conservation Act, 1980 (Amended in
1988)
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Salient features of FC Act, 1980
(Amended in 1988)… contd.
The act came into force with effect from October 25,
1980
This act provides for the protection of two classes of
forests – reserved and protected.
Prior approval of the central government is mandatory
before converting any forest land to non-forest use.
The basic objective of the Act is, to regulate the
indiscriminate diversion of forest lands for non forestry
uses and to maintain a logical balance between the
developmental needs of the country and the
conservation of natural heritage.
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Salient features of FC Act, 1980
(Amended in 1988)… contd.
Reserved forests have the highest conservation status.
Surface and underground mining are deemed non-forest
activities and therefore prior approval of Govt. of India
is required for mineral concession in any forest area.
The act stipulates that, for any area of forest lost due to
development, the project proponent have to hand over
equivalent area of non-forest land as near as possible to
the site of diversion and pay charges for Compensatory
Afforestation (CA) and declare it as protected forest or
Pay CA charges for raising CA twice in extent in
degraded forest area.
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Impact of FC Act, 1980
(Amended in 1988)… contd.
Prior to 1980, the rate of diversion of forest lands for
non forestry purposes was about 1.43 lakh ha. per
annum.
But, with the advent of the Forest (Conservation) Act,
1980, the rate of diversion of forest lands has come
down to around 15000 ha. per annum and
mostly diversion of forest land is allowed to meet the
developmental needs for Drinking water projects,
Irrigation projects, Transmission lines, Railway lines,
Roads, Power projects, Defense related projects, Mining
etc.
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Impact of FC Act, 1980
(Amended in 1988)… contd.
For such diversions of forest lands for non forestry
purposes, compensatory afforestation is stipulated and
catchment area treatment plan, wildlife habitat
improvement plan, rehabilitation plan etc. are being
implemented, to mitigate the ill effects of diversion of
such vast area of green forests.
To monitor the effective implementation of the
compensatory afforestation in the country, an authority
named as "Compensatory Afforestation Management
and Planning Authority (CAMPA)" is constituted at the
national level.
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Impact of FC Act, 1980
(Amended in 1988)… contd.
A monitoring cell is also being set up in the Ministry of
Environment & Forests to monitor the movement of
proposals at various stages and the compliance of the
conditions stipulated in the forestry clearances by the
user agencies.
Forest Advisory Committee (FAC)
In exercise of powers conferred under Section 3 of the
Forest (Conservation) Act, 1980 read with Rule 3 (1) of
the Forest (Conservation) Act, 1980 and in compliance to
orders dated 28.11.2006 of Hon’ble Supreme Court in
W.P. (C) No. 2002 of 1995, the Government of India
hereby reconstitutes Advisory Committee as under with
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effect from 13.12.2006:
Forest Advisory Committee (FAC)
(i) Director General of Forests, Ministry of Environment and Forests - Chairperson.
(ii) Additional Director General of Forests, Ministry of Environment and Forests-
Member.
(iii) Additional Commissioner (Soil Conservation), Ministry of Agriculture-
Member.
(iv) Three eminent experts in forestry and allied disciplines (non-officials)-
Members.
(v) Inspector General of Forests (Forest Conservation), Ministry of Environment
and Forests - Member Secretary
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Forest Advisory Committee (FAC)
(v) Inspector General of Forests (FC) : Member
Secretary, MoEF
2. The non-official members at Serial No. (iv),
shall continue to hold office till 12.12.2008.
3. The terms of appointment of all the non-official
members shall be in accordance with Rule 4 of the
Forest (Conservation) Rules, 2003.
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Meeting of FAC
The FAC constituted by the Ministry of Environment &
Forests, Government of India, under Section-3 of the
Forest (Conservation) Act, 1980, read with the Forest
(Conservation) Rules, 2003, shall meet on 25th of
every month for conduct of its business.
In case 25th of a month happens to be a Central
Government holiday, the Committee shall meet on the
next working day.
The meeting shall take place in the Committee Room of
the Director General of Forests and Special Secretary to
the Government of India, Ministry of Environment &
Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road,
New Delhi – 110003, at 10.30 AM.
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State Advisory Group (SAG)
The State Advisory Group is empowered to approve
forest diversion proposals for non-mining purpose with
density less than 0.4 and up to 5 ha. Forest diversion
proposals up to 40 ha. Will be discussed in SAG but
the final approval will be given by MoEF, New Delhi
exceeding 5ha.
The Chief Conservator of Forests/Conservator of
Forests of the Regional Office shall act as the
Chairperson of the concerned SAG. Nodal Officer of
the State shall act as the Member-Secretary of the
concerned SAG.
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Forest Clearance
Procedure for Forestry Clearance
(FC)…
• Mandatory under FC Act 1980.
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Procedure for Forestry Clearance
(FC)…
PARTICULARS TO BE FURNISHED
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Procedure for Forestry Clearance
(FC)…
PARTICULARS TO BE FURNISHED
III. The projects for roads and railway line construction will be
processed in their entirety. Therefore, proposals in
piecemeal should not be submitted. A note on the present
and future requirement of forest land is required to be
submitted along with the proposal.
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Procedure for Forestry Clearance
(FC)…
PARTICULARS TO BE FURNISHED
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Procedure for Forestry Clearance
(FC)…
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Procedure for Forestry Clearance
(FC)…
• Issue of Stage-I Clearance.
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Forestry Clearance – Issues …
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Flow chart for Forest Land diversion
1. Assessment of requirement. DFO
2. Approval by 1. PCCF forwards the application to
CF/DFO
Tech.Committee. 2. Scrutiny of application.
C.F.
3. Submission of appli. to 3. Enumeration.
PCCF 4. Site inspection.
5. CA Scheme.
Note: In case of querry by any officer in the chain, the same will move backwards in the
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reverse chain to the Project Authorities consuming lot of time.
CHARGING NPV FOR
COAL MINING PROJECTS
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B) Orders of Hon’ble Supreme Court – Guidelines
issued by MoEF on NPV
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B) Orders of Hon’ble Supreme Court – Guidelines
issued by MoEF on NPV
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DISCUSSION ON NPV
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C) NPV - Coal mining projects
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D) NPV - Underground Mining
F.C. ACT
As per guideline No.3.2 (viii) (c) issued by MoEF under
Forest (Conservation) Act, 1980, no C.A. is required for
UG mining at a depth of more than 3 mtrs.
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NPV - Underground Mining Contd.
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E) NPV - Broken up areas/renewal cases
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NPV - Broken up areas/renewal cases Contd.
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Cover All lands with a tree canopy density of more than 10 per cent, though they may not be statutorily notified us forest.
Recorded Area All lands statutorily notified as forest, though they may not necessarily bear tree cover
Dense All lands with tree cover of canopy density of 40 percent and above
Scrub All lands with poor tree growth mainly of small or stunted trees having canopy density less than 10 percent
Reserved An area notified under the provisions of Indian Forest Act having full degree of protection. In Reserved Forests all activities are prohibited unless permitted.
Protected An area notified under the provision of Indian Forest Act having limited degree of protection . In Protected Forests all activities are permitted unless prohibited.
Management The practice of management of forest resources jointly by the Forest Department and the local communities which would entitle them in sharing of usufructs in lieu of their participation in protection and management of forest resources.
Committee A committee constituted for the forest areas which has degraded and needs to be rejuvenated through soil moisture conservation and plantation.
Eco Development Committee A committee constituted for the forest areas within or around national parks and wild life sanchuries so as to obviate pressures on them.
Protected area An area notified as a national park or a wild life sanchuary for in-situ conservation of biodiversity in selected location.
Tiger Reserve An area notified as national park / wild life sanchury where tiger is accorded high degree of protection (or focus of protection and conservation is on tiger).
Type A category of forest defined generally with reference to its geographical location, climatic and edaphic features, composition and condition.
A village community established in a reserved or protected forest for the purpose of maintaining a supply of local labour.
National Park An area ownned by the State and dedicated statue for the conservation of scenery and the natural and historic objects of national significance and to the conservation of wild animals and plants by such means as leave them unimpaired for the enjoyment of present and future generation.
Sanctuary An area constituted by competent authority in which killing and capturing of any form of wild life is prohibited, except with permission and the boundarires and character of which are sacrosanct.
Working Circle A forest area (forming whole or part of a working plan area) organized with a particular objective and under one silvicultural system and one set of working plan prescriptions. In certain circumstances working circles may overlap.
Working Plan A written scheme of management aiming at continuity of policy and action and controlling the treatment of a forest.
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Forest Cover All lands with a tree canopy density of more than 10 per cent, though
they may not be statutorily notified us forest.
Recorded Area All lands statutorily notified as forest, though they may not necessarily
bear tree cover
Dense All lands with tree cover of canopy density of 40 percent and above
All lands with canopy density between 10 to 40 percent
Scrub All lands with poor tree growth mainly of small or stunted trees having
canopy density less than 10 percent
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Protected An area notified under the provision of Indian Forest Act having
limited degree of protection . In Protected Forests all activities are
permitted unless prohibited.
Unclassified An area recorded as forest but not included in Reserved or
categories.
Management The practice of management of forest resources jointly by the Forest
Department and the local communities which would entitle them in
sharing of usufructs in lieu of their participation in protection and
management of forest resources.
Protection A committee constituted to safeguard and protect the forest areas
Committee prone to illicit felling .
Committee A committee constituted for the forest areas which has degraded and
needs to be rejuvenated through soil moisture conservation and
plantation.
Eco Development A committee constituted for the forest areas within or around national
Committee parks and wild life sanchuries so as to obviate pressures on them.
Protected area An area notified as a national park or a wild life sanchuary for in-situ
conservation of biodiversity in selected location.
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Tiger Reserve An area notified as national park / wild life sanchury where tiger is
accorded high degree of protection (or focus of protection and
conservation is on tiger).
Type A category of forest defined generally with reference to its geographical
location, climatic and edaphic features, composition and condition.
A village community established in a reserved or protected forest for the
purpose of maintaining a supply of local labour.
National Park An area ownned by the State and dedicated statue for the conservation
of scenery and the natural and historic objects of national significance
and to the conservation of wild animals and plants by such means as
leave them unimpaired for the enjoyment of present and future
generation.
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Sanctuary An area constituted by competent authority in which killing and
capturing of any form of wild life is prohibited, except with
permission and the boundarires and character of which are
sacrosanct.
Working Circle A forest area (forming whole or part of a working plan area)
organized with a particular objective and under one silvicultural
system and one set of working plan prescriptions. In certain
circumstances working circles may overlap.
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