Forest Conservation Act, 1980

and mining
Salient features of Forest
Conservation Act, 1980 (Amended in
1988)

The term 'Forest land' mentioned in Section 2

of the Act refers to reserved forest, protected
forest or any area recorded as forest in the
government records.

2
 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.
3
 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.
4
 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.
5
 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.

6
 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
7
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

Additional Director General of Forests shall act as the Chairperson in

the absence of Director General of Forests.
2. The terms of appointment of all the non-official members shall be in
accordance with Rule 4 of the Forest (Conservation) Rules, 2003.(Two
years)

8
 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.

9
 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.
10
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.
11
Forest Clearance
Procedure for Forestry Clearance
(FC)…
• Mandatory under FC Act 1980.

• Proposals requiring FL diversion less than 40 Ha is cleared by

Regional MoEF office. However, Mining proposals require
clearance from MoEF, GoI, Delhi.

• Identification of CA land/Non-availability certificate

• Submission of Proposal to PCCF/Nodal Officer

• Referring the proposal to CF and DFO for Site Inspection and

re-submission.

13
Procedure for Forestry Clearance
(FC)…
PARTICULARS TO BE FURNISHED

I.Map of the forest area required showing boundary of the

adjoining forests, etc., is to be furnished along with the
prescribed form. This should normally be on 1:50,000 scale.
However, if maps on 1: 50,000 scale not available, map on 1" =
4 miles or any other suitable scale would be acceptable. If the
area is very small, an index map may be submitted showing
forest boundaries and a location map on a larger scale with a
land use of the area required.

14
Procedure for Forestry Clearance
(FC)…
PARTICULARS TO BE FURNISHED

II. Species-wise and diameter class-wise abstract of trees to

be felled should be furnished in the prescribed form. Total
enumeration is necessary only upto 10 hectares. For larger
areas, species-wise and diameter class-wise abstract of
trees may be computed either from the working plans or
by standard sampling methods.

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.
15
Procedure for Forestry Clearance
(FC)…
PARTICULARS TO BE FURNISHED

IV. The State Government should send the proposal for

renewal of mining leases at least six months prior to the
date of expiry of the existing lease.

V. Cost Benefit Analysis in case of proposals involving forest

land more than 20 hectares in plains and more than 5 ha.
in hills including roads, transmission lines, minor, medium
and major irrigation projects, hydel projects mining
activity, railway lines, location specific installations like
micro-wave stations, auto repeater centres, T.V. towers
etc.
16
Procedure for Forestry Clearance
(FC)…
PARTICULARS TO BE FURNISHED

VI. In case of U/G mines, Subsidence prediction studies are

to be carried out for estimation of subsidence and its
impact on forest and surface features along with
mitigation measures.
VII. In case of OC mines, a comprehensive study on solid
waste management has to be furnished to MoEF along
with FL diversion proposal

17
Procedure for Forestry Clearance
(FC)…

• Forwarding the proposal to State Govt by the Nodal

Officer and then to GOI by the State Govt.

• Forwarding the Proposals : 90 days (New) and 60 Days

(Renewal) to GOI, from the date of receipt at state Govt.

• Site Inspection by Regional MoEF Office, some times

asking for Site Specific Studies.

• Considering Proposal in FAC.

18
Procedure for Forestry Clearance
(FC)…
• Issue of Stage-I Clearance.

• Compliance of Conditions by user agency, as imposed in Stage-I.

• Submission of Compliance report to GoI by the State Govt

• Issue of stage-II/Formal Approval

• Issue of GO by State Government

• Handing over of Site

19
Forestry Clearance – Issues …

• Identification of CA Land/Non-availability certificate.

• Two-stage clearance under FC Act.

• Any query/Additional information at any level requires re-

routing.

• Time involved in processing at more than 25 levels.

• About 20% of time is being taken at field level.

20
Forestry Clearance – Issues …

• 24 to 36 months is taken for handing over the land, after

receipt of formal clearance .

21
 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.

RCCF MOEF P.C.C.F.

Site inspection 1. Scrutiny.
2. Advise to RCCF.
Submission of report 3. FAC meeting.
State Government
4. If FAC recommends GOI
State Govt. issues Stage-I clearance.

PCCF CF DFO Project authorities for DFO

compliance of conditions.

State Govt. MOEF for State Govt. PCCF CF

to issue G.O. final clearance

DFO Project Authorities to

PCCF CF For enumeration & issue of deposit funds for
demand for extraction extraction.
charges.

Possession by Project DFO

Authorities. for extraction &
handing over

Note: In case of querry by any officer in the chain, the same will move backwards in the
22
reverse chain to the Project Authorities consuming lot of time.
 CHARGING NPV FOR
COAL MINING PROJECTS

23
 B) Orders of Hon’ble Supreme Court – Guidelines
issued by MoEF on NPV

 In T.N.Godavarman Tirumalapad vs. Union of India,

Hon’ble Supreme Court vide judgment dated 29.10.02
directed that Net Present Value (NPV) shall be charged
from user agency of forest land for non-forest purpose.

 The NPV shall be charged ranging from @ Rs.5.80

Lakhs to Rs.9.20 Lakhs per Ha.

 MoEF issued guidelines dated 17/18.09.03 as per which

NPV shall be charged in all those cases which have
been granted in principle approval after 30.10.02.

24
 B) Orders of Hon’ble Supreme Court – Guidelines
issued by MoEF on NPV

 Further, MOEF also issued guidelines dated 23.06.2004,

as per which NPV is not chargeable in respect of
underground mining areas.

 However, this was modified by MOEF vide their

guidelines dated 17.05.2005 making the underground
areas also subject to charging NPV.

 MoEF insisted payment of NPV for renewal cases and

underground cases.

 On 16.01.2005, Hon’ble Supreme court constituted

expert committee on NPV.
25
 The expert committee submitted its report.
 B) Orders of Hon’ble Supreme Court – Guidelines
issued by MoEF on NPV

 However, the Hon’ble supreme court has ordered in

another I.A.No. 1677/2006 and batch related to others,
for payment of NPV@100% for surface rights and @
50% for underground mines.

26
DISCUSSION ON NPV

27
C) NPV - Coal mining projects

i) Forest diversion is temporary

 Diversion of forest land for coal mining is temporary
and for a specified period only.
 Diversion is only a permission to use for mining but
not alienation or acquisition.
 Legal status of forest land remains unchanged as per
orders issued by MoEF.
 After completion of mining activity, diverted forest
land to be reclaimed and handed over back to Forest
Dept.
 In the case of Irrigation and Road projects, diversion
is permanent, non retrievable and its impact is
permanent. 28
 NPV - Coal mining projects Contd.

ii) Increase in Forest cover

 At the time of diversion, coal company gives equivalent

extent of non-forest land and funds for compensatory
afforestation to Forest Dept.

 In effect, due to diversion of forest land to mining

industry, net forest cover is doubled as equivalent land is
given for C.A. and also returning diverted forest land
after due reclamation.

29
 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.

 Guideline No.2.2 (vii) 1 issued by MoEF permits tensile

strain of 20 mm per meter and surface crack width of
about 200-300 mm.

 Accordingly coal mining companies are required to

submit reports on subsidence prediction using 3D model
prepared by an expert mining institute.

 Further, Coal Companies are giving undertaking to

compensate damage caused due to subsidence, 30 if
any, to surface forest due to UG Mining.
 NPV - Underground Mining Contd.

 The studies conducted by the scientific institutions like

CMRI, BHU, ISM, IITs, NITs proved no significant
damage to surface forest area due to UG Mining.

 MoEF vide guidelines dated 23.06.2004 clarified that

NPV is not applicable for UG Mining.

 However, MoEF vide guidelines dated 17.05.2005 brought

underground mining also under the purview of NPV.

31
 NPV - Underground Mining Contd.

Impact of NPV on UG Mines:

 For some mines, NPV is nearly 25-30% of project cost.

32
 E) NPV - Broken up areas/renewal cases

 In pursuance of judgment of Hon’ble Supreme Court,

MoEF issued guidelines on 18.09.2003 for charging
NPV in those cases which are granted in principle
approval after 30.10.2002.

 But NPV is insisted even for the cases of renewal

though the original diversions were given long
before NPV came into force.

 Diverted forest land is already broken up during the

existing lease period.

33
 NPV - Broken up areas/renewal cases Contd.

 At the time of project sanction NPV was not in

existence and the cost of the same was not included
in the project cost.

 Hence NPV would make the project unviable now.

 Renewal is necessitated to continue the coal

production.

34
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

Non Any area not included in the above classes

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.

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.

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.

35
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

Non Any area not included in the above classes

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.

36
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.

37
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.

38
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.

39
40