INDIA Law and Practice Contributed by: Vishnu Sudarsan, Kartikeya Gajjala and Mehar Vasant, J Sagar Associates
3.2 Climate Change Legislation and Proposals Related to Mining See 3.1 Climate Change Effects . 3.3 Sustainable Development Initiatives Related to Mining The Mineral Conservation and Development Rules, 2017 confer upon a mining lessee the responsibility for taking all possible precautions to undertake sustainable mining while conduct - ing mining operations. In this regard, the Indian Bureau of Mines has instituted a “Star Rating” system for evaluating sustainability efforts. Min - ing lessees are required to obtain at least a three-star rating within four years from the date of commencement of mining operations, and to maintain such rating on a yearly basis. Furthermore, the MMDR Act empowers the central government to issue directions to the state governments for the scientific and sus - tainable development and exploitation of mineral resources, including with regard to the following, without limitation: • the implementation and evaluation of sustain - able development frameworks; • a reduction in waste generation and related waste management practices and the promo - tion of the recycling of materials; • minimising and mitigating adverse environ - mental impacts, particularly in respect of ground water, air, ambient noise and land; • ensuring minimal ecological disturbance, in terms of biodiversity, flora, fauna and habitat; and • promoting restoration and reclamation activi - ties so as to make optimal use of mined out land for the benefit of the local communities. The NMP recognises that mining needs to be carried out sustainably – ie, mining that is finan -
not have an opportunity to speak at the hearing, being constrained to remain outside the venue as mute spectators (video screens had been set up for them in order to observe proceedings). The media was also kept out of the public hear - ing, and suspicions were raised regarding the presence of police officials to allegedly intimi - date those attending the hearing. Such a public hearing process can undermine the legitimacy of the approval process, and can subsequently be struck down if challenged in court. Belated cancellation would, in turn, have the undesirable impact of impeding project development.
3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects
Given the nature of mining operations, the min - ing industry has long been subject to stringent environmental norms. Please see 2. Impact of Environmental Protection and Community Relations on Mining Projects regarding the applicable environmental regime and licensing requirements. In addition, India has committed to ambitious goals to manage the threat of climate change, most recently committing to reduce the emission intensity of its GDP by 45% from 2005 levels by 2030. While there are no specific climate action- related measures currently applicable to the mining sector, India is contemplating a number of measures, including a carbon trading market, with a view to meeting these goals.
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