A bauxite mining project in the Niyamgiri hills, sacred to the Dongria Kondh people in Orissa, India, has been given environmental clearance by the Indian Government’s Ministry of Environment and Forest (MoEF). The  clearance notification (see below) allows a period of 30 days to file an appeal on environmental grounds,  but full-scale mining  could  start  at any time. The project is being proposed by the Orissa Mining Corporation, a joint venture involving the Orissa State Government but controlled by London-listed Vedanta plc through an Indian subsidiary.
The Kondh tribe lead a self-sufficient life nurturing the forest-covered region and relying on it for their food, culture and medicines. They also worship the mountain as their god.
Amnesty International wrote an open letter to the Indian authorities calling for them not to approve the project. It has now written again, calling for withdrawal of the environmental clearance.
Survival International, which campaigns for the rights of  the Dongria Kondh people, has also reacted to the MOEF decision.

Development organisation Action Aid is also campaigning in support of the Kondh people.
Comment by mining researcher Roger Moody on the MOEF decision
Doesn’t it all stink of a  “stitch-up” – not precisely violating the legislation but coming damn close?
The public hearing on the expansion was held on April 26th and two days later the MoEF comes up with the clearance.
At the EAC Meeting, held on March 18-20 2009, it was stated that:
“As regards the issue of validity of public hearing, the State Pollution Control Board vide their letter dated 12.1.2009 addressed to the proponent have clarified that a fresh public hearing may not be necessary if there is no change in the proposed project site and capacity provided the new applicant i.e. M/s OMC Ltd undertakes to fulfill the commitments made by their joint venture partners.  It has also been stated that MoEF may take a final decision in this regard.”
The clearance letter of April 28th doesn’t recognise that a public hearing was, in fact, held by the Orissa Pollution Control Board on the 26th – which the Ministry will have known about by the time the letter was sent – although it was supposed to address precisely “[a] change in the proposed project…capacity.”  So where does this leave the assertion that “the MoEF may take a final decision in this regard”?
The clearance letter states clearly that:
“The project proponent shall not expose more than 20 ha of area for mining at any point of time as recommended by the Wildlife Institute of India.”  [Section A para.6]
With a six-fold expansion of alumina output from the Lanjigarh refinery apparently now granted (if by default and a distinctly dodgy public hearing), according to Vedanta/Sterlite’s own figures, this will require an increase in mined bauxite from Nyamgiri from 3 million to approximately 18 million tonnes a year.
That’s not just an expansion – it’s a certain recipe for opening several mines or their equivalent. All the parameters and constituents of the project for which the clearance appears now to have been granted will have to be drastically redrawn  – mine area, impacts on forests,  wildlife, water (including possible deepening of working below the water table); hugely increased workforce and infrastructure, blasting, noise, ambient air pollution,etc etc.  Put simply, the stipulation that  OMC/Vedanta “shall not expose more than 20 ha of area for mining at any point of time”  is bound to be violated – and Vedanta at its operations in Tamil Nadu and Chhattisgarh has been, in this regard, a confirmed master of deception and deceit .
Surely this is now a matter which can, and must, be raised at the NEAA?  As the MoEF’s clearance letter points out in its final paragraph:
“Any appeal against this environmental clearance shall lie with the National Environment Appellate Authority, if preferred within a period of 30 days as prescribed under Section 11 of the National Environment Appellate Authority Act, 1997.”

Environmental clearance letter from the Indian Ministry of Environment and Forests
No.J-11015/221/2005-IA.II (M)
Government of India
Ministry of Environment & Forests
Paryavaran Bhawan,
C.G.O. Complex, Lodi Road,
New Delhi ? 110 003
Dated the 28th April, 2009
To
M/s The Orissa Mining Corporation Limited
OMC House,
Bhubaneswar ? 751 001
Email: info@orissamining.com
Subject:      Lanjigarh Bauxite Mining Project of M/s The Orissa Mining Corporation Ltd., located in Village(s) Palabir, Konakadu, Niyamgiri RF in Tehsil Lanjigarh, District Kalahandi and Village(s) Khambesi, Jungle Block and Nimagiri, Tehsil(s) Bissam Cuttack and K. Singhpur, District Rayagada, Orissa -environmental clearance regarding.
This has reference to your letter No. 10177/OMC/04 dated 09.6.2005 and subsequent letters dated 21.11.2005, 28.05.2007, 21.06.2008, 17.07.2008, 13.08.2008 and 22.01.2009 on the subject mentioned above. The proposal is for opening of a new mine for production of 3 million tonnes per annum (TPA) of bauxite. The total mine lease area of the project is 721.323 ha, out of which 672.018 ha is forestland and 49.305 ha is wasteland (Abadai Ajogya Aaabadi). Area proposed for mining is 355.3 ha, an area of 2 ha is kept for mineral storage, 14 ha for infrastructure, 30.56 ha for roads & conveyor, 12.28 ha for green belt/safety zone, 2 ha for mineral separation plant, 0.5 ha for explosive magazine and 304.683 ha is others (non-mineralized and unutilized area). Two rivers namely the Vansadhara River and the Sakota River are flowing in the buffer zone of the mine at distance of 4 km and 7.5 km respectively from the mine lease boundary. In addition, the Nagavali River is flowing at a distance of 13 km from the mine lease boundary. No national Park/ wildlife sanctuary/bio-sphere reserve/tiger reserve etc. are reported to be located in the core and buffer zone of the mine and that the buffer zone of the mine reported to form corridor for Schedule-I fauna. There are eight reserve forests (RF) namely Niyamgiri RF, Patragurha RF, Raulaghimiri RF, Nachinigura RF, Hatisal RF, Karanja RF and Jalakrirha RF, seven protected reserve forests namely Khambessi PRF, Nimagiri PRF, Batarilima PRF, Kudlima PRF, Dahikhal PRF, Sarambi PRF and Chatikuna PRF and one protected forest namely Jungle Block PF are located within the study area. The Wildlife Institute of India (WII), Dehradun has undertaken bio-diversity study and based on the same a mitigation plan has been proposed. The mine working will be opencast by mechanized method involving drilling and blasting.  The targetted production capacity of the mine is 3 million TPA of bauxite and the life of mine will be 25 years. The mineral will be transported through 5km long proposed conveyor. The topography of the area is a plateau top and the site elevation varies from 1050 m AMSL to 1306 m AMSL. The ultimate working depth of mine will be 1018 m AMSL (30 m bgl). The groundwater table is reported at 78.64 m bgl. The mine working will not intersect the ground water table and there will be no discharge from the mine area even during monsoon. The peak water requirement of the project is estimated as 1000 m3 per day, which will be met from the allocation of the main alumina refinery. The power requirement of 3.3 MW will also be met from the alumina refinery.  No DG sets are proposed. There is no habitation in the mine lease area on plateau top and no resettlement and rehabilitation is involved. The area is tribal area and is categorized as Schedule-V area. The proponent has informed that as per the directions of the Hon?ble Supreme Court, the Scheduled Area Development of Lanjigarh project will be undertaken by a special purpose vehicle including the State of Orissa.  Accordingly, a company titled Lanjigarh Scheduled Area Development Foundation has been incorporated.  Five percent (5%) of annual profit before tax from the Lanjigarh project or Rs 10 crore whichever is higher shall be deposited with the SPV for development of the scheduled area which will inter-alia include health, education, childcare, women development, skills up-gradation, infrastructure development. Further, it was also stated that a comprehensive conservation cum development plan for the Dongria Kondhs, the primitive tribal group has been prepared by ST & SC Development Department, Government of Orissa for the period 2007-12. The SPV will dovetail with action plan based on the said report. It is estimated that 3,55,300 m3 of topsoil and 2,000,000 m3 of waste will be generated during the plan period, which will be temporarily disposed off in the earmarked areas for a period of two years. Concurrent backfilling will commence from the 3rd year onwards. The temporary dumps will be liquidated within 5 years and there will be no external dumps thereafter. Plantation will be raised in an area of 352.3 ha at the end of the mine life and an area of 5 ha will be converted into water body during the post mining stage. The Consent to Establish obtained from the State Pollution Control Board, Orissa on 27.05.2005 for production 3 MTPA of bauxite. The public hearing of the project was held on 17.03.2003 in Rayagada District and on 07.02.2003 in Kalahandi District. The Indian Bureau of Mines had approved the modified mining plan of the project on 16.01.2009 for lease area of 721.323 ha. The Ministry of Environment and Forests agreed in-principle for diversion of 660.749 ha of forestland for mining of bauxite in favour of M/s Orissa Mining Corporation on 11.12.2008 and 30.12.2008. The capital cost of the project is Rs 244 crores and the capital cost for the environmental protection measures is proposed as Rs 75.2 Lakhs. In addition, financial outlay of Rs 50.53 crores has been earmarked for Wildlife Management Plan and the proponent stated that Rs 12.2 crores for tribal development plan as part of forest diversion proposal has been earmarked.
2.       The Ministry of Environment and Forests has examined the application in accordance with Section 12 of the EIA Notification, 2006 read with para 2.1.1(i) of the Circular No. J-11013/41/2006-IA.II(I) dated 13.10.2006 and hereby accords environmental clearance under the provisions thereof to the above mentioned Lanjigarh Bauxite Mining Project of M/s The Orissa Mining Corporation Limited for an annual production capacity of 3 million tonnes of bauxite by opencast mechanized method involving total mining lease area of 721.323 ha, subject to implementation of the following conditions and environmental safeguards.
A.     Specific conditions
(i)                The project proponent shall effectively comply with all the directives of the Hon?ble Supreme Court of India while implementing the project.
(ii)              All the conditions stipulated by the State Pollution Control Board, Orissa in their Consent to Establish shall be effectively implemented.
(iii)            Environmental clearance is subject to grant of forestry clearance. Necessary forestry clearance under the Forest (Conservation) Act, 1980 for diversion of 672.018 ha forestland involved in the project shall be obtained before starting mining operation in that area. No mining shall be undertaken in the forest area without obtaining requisite prior forestry clearance.
(iv)            The project proponent shall undertake all the commitments made during the public hearing by M/s Sterlite Industries (India) Limited and effectively address the concerns raised by the locals in the public hearing as well as during consideration of the project, and also the recommendations of the public hearing panels, while implementing the project.
(v)              The mining operations shall be restricted to above ground water table and it should not intersect the groundwater table. In case of working below ground water table, prior approval of the Ministry of Environment and Forests and the Central Ground Water Authority shall be obtained, for which a detailed hydro-geological study shall be carried out.
(vi)            The project proponent shall not expose more than 20 ha of area for mining at any point of time as recommended by the Wildlife Institute of India.
(vii)          The project proponent shall ensure that no natural watercourse and/or water resources are obstructed due to any mining operations. Adequate measures shall be taken while diverting first order streams, if any, emanating from the mine lease, during the course of mining operation.
(viii)        The project proponent shall take adequate environmental safeguard measures for control of rolling down of silt and sediments and protection of the catchment area of Vansadhara River and the Sakota River during the course of mining operation.
(ix)            The top soil shall temporarily be stored at earmarked site(s) only and it should not be kept unutilized for long. The topsoil shall be used for land reclamation and plantation.
(x)              The over burden (OB) generated during the initial years of the mining operation shall be temporarily stacked at the earmarked dump site(s) only for backfilling. Backfilling start from the 3rd year onwards of the mining operation and the entire quantity of the waste to be generated shall be backfilled and liquidated within five years. There shall be no external over burden dumps after the 6th year of the mining operation. The entire backfilled area shall be afforested.  The backfilling shall be carried out in such a manner that it is restored to the normal ground level.  Monitoring and management of rehabilitated areas should continue until the vegetation becomes self-sustaining. Compliance status shall be submitted to the Ministry of Environment & Forests and its Regional Office located at Bhubaneswar on six monthly basis.
(xi)            Catch drains and siltation ponds of appropriate size shall be constructed around the mine working, mineral and temporary OB dumps to prevent run off of water and flow of sediments directly into the Vansadhara River, the Sakota River and other water bodies. The water so collected shall be utilized for watering the mine area, roads, green belt development etc. The drains shall be regularly desilted, particularly after the monsoon, and maintained properly.
Garland drains, settling tanks and check dams of appropriate size, gradient and length shall be constructed around the mine pit, topsoil dump, temporary over burden dumps and mineral dumps to prevent run off of water and flow of sediments directly into the Vansadhara River, the Sakota River and other water bodies and sump capacity shall be designed keeping 50% safety margin over and above peak sudden rainfall (based on 50 years data) and maximum discharge in the area adjoining the mine site. Sump capacity shall also provide adequate retention period to allow proper settling of silt material. Sedimentation pits shall be constructed at the corners of the garland drains and desilted at regular intervals.
(xii)          Dimension of the retaining wall at the toe of temporary OB dump(s) and the over burden benches within the mine to check run-off and siltation shall be based on the rainfall data.
(xiii)        Plantation shall be raised in an area of 352.3 ha including a 7.5 m wide green belt in the safety zone around the mining lease, backfilled and reclaimed area, around void, roads etc. by planting the native species in consultation with the local DFO/Agriculture Department. The density of the trees should be around 2500 plants per ha.
(xiv)        The void left unfilled in an area of 5ha shall be converted into the water body. The higher benches of the excavated void/mine pit shall be terraced and plantation done to stablise the slopes. The slopes of higher benches shall be made gentler for easy accessibility by the local people to use the water body. Peripheral fencing shall be carried out all along the excavated area.
(xv)          Regular water sprinkling shall be carried out in critical areas prone to air pollution and having high levels of SPM and RSPM such as around crushing and screening plant, loading and unloading point and all transfer points. Extensive water sprinkling shall be carried out on haul roads. It shall be ensured that the Ambient Air Quality parameters conform to the norms prescribed by the Central Pollution Control Board in this regard.
(xvi)        The project authority shall implement suitable conservation measures to augment ground water resources in the area in consultation with the Regional Director, Central Ground Water Board.
(xvii)      Regular monitoring of ground water level and quality shall be carried out by establishing a network of existing wells and constructing new piezometers in and around the project area during the beneficiation process. The periodic monitoring [(at least four times in a year- pre-monsoon (April-May), monsoon (August), post-monsoon (November) and winter (January); once in each season)] shall be carried out in consultation with the State Ground Water Board/Central Ground Water Authority and the data thus collected may be sent regularly to the Ministry of Environment and Forests and its Regional Office Bhubneswar, the Central Ground Water Authority and the Regional Director, Central Ground Water Board. If at any stage, it is observed that the groundwater table is getting depleted due to the mining activity, necessary corrective measures shall be carried out.
(xviii)    Appropriate mitigative measures shall be taken to prevent pollution of the Vansadhara River and the Sakota River in consultation with the State Pollution Control Board.
(xix)        The project proponent shall obtain necessary prior permission of the competent authorities for drawl of requisite quantity of water (surface water and ground water, if any) required for the project.
(xx)          Suitable rainwater harvesting measures on long term basis shall be planned and implemented in consultation with the Regional Director, Central Ground Water Board.
(xxi)        Vehicular emissions shall be kept under control and regularly monitored. Measures shall be taken for maintenance of vehicles used in mining operations and in transportation of mineral within the mine lease. The mineral transportation within the mine lease shall be carried out through the covered trucks only and the vehicles carrying the mineral shall not be overloaded.
(xxii)      No blasting shall be carried out after the sunset. Blasting operation shall be carried out only during the daytime. Controlled blasting shall be practiced. The mitigative measures for control of ground vibrations and to arrest fly rocks and boulders should be implemented. The recommendations made by the Central Institute of Mining and Fuel Research, Dhanbad shall be effectively implemented.
(xxiii)    Drills shall either be operated with dust extractors or equipped with water injection system.
(xxiv)    Mineral handling area shall be provided with adequate number of high efficiency dust extraction system. Loading and unloading areas including all the transfer points should also have efficient dust control arrangements. These should be properly maintained and operated.
(xxv)      Consent to operate shall be obtained from the State Pollution Control Board, Orissa prior to start of production from the mine.
(xxvi)    Sewage treatment plant shall be installed for the colony. ETP shall also be provided for the workshop and wastewater generated during the mining operation.
(xxvii)  The project authorities shall undertake sample survey to generate data on pre-project community health status within a radius of 1 km from proposed mine.
(xxviii)Pre-placement medical examination and periodical medical examination of the workers engaged in the project shall be carried out and records maintained. For the purpose, schedule of health examination of the workers should be drawn and followed accordingly.
(xxix)    Provision shall be made for the housing of construction labour within the site with all necessary infrastructure and facilities such as fuel for cooking, mobile toilets, mobile STP, safe drinking water, medical health care, crèche etc. The housing may be in the form of temporary structures to be removed after the completion of the project.
(xxx)      The project proponent shall take all precautionary measures during mining operation for conservation and protection of endangered flora and fauna spotted in the study area. All the safeguard measures brought out in the Wildlife Management Plan so prepared specific to the project site and considered by the Wildlife Institute of India, Dehradun shall be effectively implemented.  All the recommendations made by the Wildlife Institute of India for Wildlife Management shall be effectively implemented.  A copy of Wildlife Management Plan shall be submitted to the Regional Office, Bhubneswar of the Ministry of Environment and Forests.
(xxxi)    Digital processing of the entire lease area using remote sensing technique shall be carried out regularly once in three years for monitoring land use pattern and report submitted to Ministry of Environment and Forests and its Regional Office, Bhubneswar.
(xxxii)  A Final Mine Closure Plan along with details of Corpus Fund shall be submitted to the Ministry of Environment & Forests 5 years in advance of final mine closure for approval.
B.  General conditions
(i)                No change in mining technology and scope of working should be made without prior approval of the Ministry of Environment & Forests.
(ii)              No change in the calendar plan including excavation, quantum of mineral bauxite and waste should be made.
(iii)            Alteast four ambient air quality-monitoring stations should be established in the core zone as well as in the buffer zone for RSPM, SPM, SO2 & NOx monitoring. Location of the stations should be decided based on the meteorological data, topographical features and environmentally and ecologically sensitive targets and frequency of monitoring should be undertaken in consultation with the State Pollution Control Board.
(iv)            Data on ambient air quality (RSPM, SPM, SO2 & NOx) should be regularly submitted to the Ministry of Environment and Forests including its Regional office located at Bhubaneswar and the State Pollution Control Board / Central Pollution Control Board once in six months.
(v)              Fugitive dust emissions from all the sources should be controlled regularly. Water spraying arrangement on haul roads, loading and unloading and at transfer points should be provided and properly maintained.
(vi)            Measures should be taken for control of noise levels below 85 dBA in the work environment. Workers engaged in operations of HEMM, etc. should be provided with ear plugs / muffs.
(vii)          Industrial waste water (workshop and waste water from the mine) should be properly collected, treated so as to conform to the standards prescribed under GSR 422 (E) dated 19th May, 1993 and 31st December, 1993 or as amended from time to time. Oil and grease trap should be installed before discharge of workshop effluents.
(viii)        Personnel working in dusty areas should wear protective respiratory devices and they should also be provided with adequate training and information on safety and health aspects.
Occupational health surveillance program of the workers should be undertaken periodically to observe any contractions due to exposure to dust and take corrective measures, if needed.
(ix)            A separate environmental management cell with suitable qualified personnel should be set-up under the control of a Senior Executive, who will report directly to the Head of the Organization.
(x)              The funds earmarked for environmental protection measures should be kept in separate account and should not be diverted for other purpose. Year wise expenditure should be reported to the Ministry of Environment and Forests and its Regional Office located at Bhubaneswar.
(xi)            The project authorities should inform to the Regional Office located at Bhubaneswar regarding date of financial closures and final approval of the project by the concerned authorities and the date of start of land development work.
(xii)          The Regional Office of this Ministry located at Bhubaneswar shall monitor compliance of the stipulated conditions. The project authorities should extend full cooperation to the officer(s) of the Regional Office by furnishing the requisite data / information / monitoring reports.
(xiii)        The project proponent shall submit six monthly report on the status of the implementation of the stipulated environmental safeguards to the Ministry of Environment and Forests, its Regional Office, Bhubaneswar, Central Pollution Control Board and State Pollution Control Board. The project proponent shall upload the status of compliance of the environment clearance conditions on their website and update the same periodically and simultaneously send the same by e-mail to the Regional Office, Ministry of Environment and Forests, Bhubaneswar.
(xiv)        A copy of clearance letter will be marked to concerned Panchayat / local NGO, if any, from whom suggestion/representation has been received while processing the proposal. The clearance letter shall also be put on the web site of the company.
(xv)          The State Pollution Control Board should display a copy of the clearance letter at the Regional office, District Industry Centre and the Collector`s office/ Tehsildar`s Office for 30 days.
(xvi)        The project authorities should advertise at least in two local newspapers widely circulated, one of which shall be in the vernacular language of the locality concerned, within 7 days of the issue of the clearance letter informing that the project has been accorded environmental clearance and a copy of the clearance letter is available with the State Pollution Control Board and also at web site of the Ministry of Environment and Forests at http://envfor.nic.in and a copy of the same should be forwarded to the Regional Office of this Ministry located at Bhubaneswar.
3.       The Ministry or any other competent authority may alter/modify the above conditions or stipulate any further condition in the interest of environment protection.
4.       Failure to comply with any of the conditions mentioned above may result in withdrawal of this clearance and attract action under the provisions of the Environment (Protection) Act, 1986.
5.       The above conditions will be enforced inter-alia, under the provisions of the Water (Prevention & Control of Pollution) Act, 1974, the Air (Prevention & Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and the Public Liability Insurance Act, 1991 along with their amendments and rules made thereunder and also any other orders passed by the Hon?ble Supreme Court of India/ High Court of Orissa and any other Court of Law relating to the subject matter.
6.       Any appeal against this environmental clearance shall lie with the National Environment Appellate Authority, if preferred within a period of 30 days as prescribed under Section 11 of the National Environment Appellate Authority Act, 1997.
(Dr. S.K. Aggarwal)
Director
Copy to:
(i)                The Secretary, Ministry of Mines, Government of India, Shastri Bhawan, New Delhi.
(ii)              The Secretary, Department of Environment, Government of Orissa, Secretariat, Bhubaneswar.
(iii)            The Secretary, Department of Mines and Geology, Government of Orissa, Secretariat, Bhubaneswar.
(iv)            The Secretary, Department of Forests, Government of Orissa, Secretariat, Bhubaneswar.
(v)              The Chief Wildlife Warden, Government of Orissa, Bhubaneswar.
(vi)            The Chairman, Central Pollution Control Board, Parivesh Bhawan, CBD-cum-Office Complex, East Arjun Nagar, Delhi-110032.
(vii)          The Chief Conservator of Forests, Regional Office (EZ), Ministry of Environment and Forests, A-3 Chandrashekharpur, Bhubaneshwar-751023.
(viii)        The Chairman, Orissa State Pollution Control Board, Parivesh Bhawan, A/118 Nilakantha Nagar, Unit-VIII, Bhubaneshwar-751012.
(ix)            The Member Secretary, Central Ground Water Authority, A2, W3 Curzon Road Barracks, K.G. Marg, New Delhi-110001.
(x)              The District Collector, Rayagada District, Government of Orissa.
(xi)            The District Collector, Kalahandi District, Government of Orissa.
(xii)          EI Division, Ministry of Environment & Forests, EI Division, New Delhi.
(xiii)        Monitoring File.
(xiv)        Guard File.
(xv)          Record File.
(Dr. S.K. Aggarwal)
Director