For ‘national defence and security’, Environment Ministry exempts critical and atomic mineral mining from public consultation

However, such projects will be subjected to a “comprehensive appraisal” by concerned sectoral expert appraisal committees, and they will be appraised at the central level, irrespective of the project size, the order stated.

The ministry cited provisions of the Environment Impact Assessment (EIA) Notification, 2006, and amendments, which exempt projects related to national defence and security, as well as other strategic considerations, from public consultation to grant the latest relaxation.

“The above matter has been examined in this Ministry vis-a-vis the prevailing provisions under EIA, 2006, and keeping in view the national defence and security requirement and strategic considerations, all mining projects of atomic minerals notified in part B and critical and strategic minerals notified in Part D of the First schedule of MMDR Act shall be exempted from Public Consultation…and will be appraised at the Central level irrespective of the lease area involved in the proposal,” the OM stated.

The EIA Notification is a key government regulation that is central to screening and appraising the impacts of developmental and industrial projects on the environment, health, and communities. Under the EIA Notification, public consultation is a legal process, and involves a public hearing for addressing concerns of affected communities, and seeks written responses from those who have a stake in the impacts of the project.

In its request to the Environment Ministry made on August 4, the Defence Ministry highlighted that rare earth elements are used in the defence sector. It said they are used to produce surveillance and navigational aids (such as radar and sonar), communication and display aids, mounting systems in armed vehicles and tanks, and precision guided munitions.

The defence ministry underlined that mineral resources for rare earths are scarce in India, and with supply concentration in limited parts of the world, it poses a “huge supply risk for the country and requires a steady supply of rare earth elements from domestic mines.”

“Accordingly, the Ministry of Defence has requested that mining projects related to critical and strategic minerals may be considered as projects concerning National Defence and security or involving other strategic considerations and may be exempted from public consultations for the grant of Environmental Clearances,” the environment ministry’s OM stated.

Meanwhile, DAE, in an August 29 letter, highlighted that thorium extracted from monazite, a beach sand material, is a fuel source for use in the third-stage atomic energy programme. It added that there is a need for the enhancement of production of these minerals, including uranium, by way of operationalisation of new deposits of beach sand minerals and uranium. It thus sought an exemption from public consultation.

The ministry’s decision is in line with other changes made this year for speedy appraisal and approval of critical and strategic mineral projects. The Centre already has a separate category for critical minerals on its online clearance window portal Parivesh, at the request of the Ministry of Mines. Earlier this month, it also amended the Van (Sanrakshan Evam Samvardhan) Rules, 2023, and included a clause to create a category for critical and strategic minerals to process forest approvals for such projects.

The Mines and Minerals (Development and Regulation) Amendment Act, 2023, provides a list of atomic minerals and critical and strategic minerals, and the Centre added them in the Act’s schedule to specifically promote their exploration and mining.