Mining And Environmental Law

Additionally, by preventing or controlling pollution that may result from prospecting or mining operations, the Mines and Mineral (Development and Regulation) Act 1957 (MMDRA) gives the central government the authority to create regulations for the conservation and sustainable development of minerals as well as for environmental protection. Sustainable mining is outlined in the Mineral Conservation and Development Rules 2017 (MCDR) which also regulates the environmental elements of mining.

PENALTIES FOR MINING VIOLATIONS

The Indian Bureau of Mines and the Ministry of Mines have the authority to take action against the violations of the mining laws.

But in the case of mining any penalty levied on the mine owner can be challenged by them before the secretary or additional director of mines.

The mine owner can challenge the penalties by responding to the show cause notice and by filing a writ petition.

POLLUTION FROM MINING

Monitoring the amount and kind of pollutants discharged during mining operations is essential. To stay in compliance, mining projects must first obtain the pollution control board’s clearance.

When any mining activities result in pollution then the mine owner needs to obtain consent for the establishment from the central or state government. And they consequently, need to obtain consent to operate such mines. The state/central pollution control board grants the consent to start any mining project under the Water Pollution Act, Air Pollution Act, etc.

When a client faces any of the problems mentioned hereinunder, they can approach experienced lawyers to resolve their disputes. Some of the problems may relate to any of the following:

1. National and International Legislations and Treaties in case of major and minor mineral
2. Pollution Control in any environmental medium
3. Construction-related environmental issues
4. Assistance for obtaining necessary permits, approvals, exemptions
5. Due diligence assessment and allocation of environmental implications for mergers and acquisitions, lease requirements
6. Counselling on issues relating to eco-auditing and eco-assessment
7. Obtaining environmental clearances for infrastructure projects
8. Environmental Audit
9. Environmental Litigation

The clients are advised to approach the experienced lawyers when they have fulfilled their necessary duties towards the environment, like-

1. Before beginning mining operations, companies must create an environmental impact assessment.
2. Businesses need to acquire the required licenses, authorizations, and permits as well as environmental certification.
3. Businesses need to safeguard soil, water, air, plants, and animals.
4. Businesses need to take precautions to prevent damage to biodiversity, ecology, and human health.

Our Environment Practice Group handles all types of environmental and health issues for our clients. In every significant field of environmental law, such as air, water, solid waste, hazardous chemicals, infectious waste, underground storage tanks, and pollution insurance, our team regularly provides clients with legal advice.

At Amicus Publico we have a team of experts having proper knowledge, experience, and qualifications dealing with mining and environmental matters. We represent our client before the Secretary and Additional Director of mines for challenging the penalty levied upon the mining owners. Apart from this, our expert team handles a variety of cases relating to mining and environmental matters. In the event of litigation, we work quickly and skillfully to resolve our clients’ issues at a reasonable cost.