Sand is in high demand in the construction industry. Illegal and unscientific sand mining is proving to be one of modern India's most serious environmental disasters. Sand is a minor mineral, according to section 3(e) of the Mines and Minerals (Development and Regulation) Act of 1957 (MMDR Act). Section 15 of the MMDR Act empowers state governments to make rules for regulating the grant of mineral concessions in respect of minor minerals and for related purposes. The regulation of the grant of mineral concessions for minor minerals thus falls under the legislative and administrative purview of state governments. In this article, we will discuss Current rules and policies in operation relation to sand mining which will be helpful for UPSC exam preparation.

Current Rules and Policies in Operation Related to Sand Mining

Kerala

• Existing Act: Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001
• Key Features: To allow sand mining in some locations, with each area, or Kadavu, being administered by a Kadavu Committee that will determine issues such as the amount of mining that will be allowed, as well as mobilize local people to oversee the activities and guarantee that rivers and riverbanks are protected.
• Rivers Affected: Bharathapuzha, Kuttiyadi river, Achankovil, Pampa, and Manimala rivers, Periyar, Bhavani, Siruvani, Thuthapuzha, and Chittur Puzha rivers in the Ashtamudi and Vembanad lakes' catchments

Tamil Nadu

• The policy in Tamil Nadu assures that only the government can quarry sand on government poramboke lands and private Patta lands. Sand mining by machine is forbidden.
• The government reversed this policy in 2008, and private firms were granted mining permits.
• Rivers Affected: Cauvery, Vaigai, Palar, Cheyyar, Araniyar and Kosathalaiya, Bhavani, Vellar, Vaigai Thamirabarani, Kollidam coastal districts of Nagapattinam, Tuticorin, Ramanathapuram and Kanyakumari and finally the hilly regions of Salem and Erode Districts.

Karnataka

• The Uniform Sand Mining Policy in Karnataka forbids the use of machines to mine sand from rivers and does not allow sand mining in Coastal Regulation Zone (CRZ) areas.
• Since April 2011, the Karnataka High Court has prohibited the use of mechanized boats for sand mining in the state.
• The authority for sand mining control was transferred to the Public Works, Ports, and Inland Water Transport Department in September 2011 by the Karnataka Minor Mineral Concession (Amendment) Rules 2011.
• Rivers Affected: Cauvery, Lakshmanateerta, Harangi, Hemavathi, Nethravatai, Papagani.

Andhra Pradesh

• In 2006, a new policy was implemented that restricts sand mining in riverbeds to manual labor and bullocks.
• Any mining tax would be waived for bullock carts, mules, and other animals.
• A committee led by district joint collectors will award sand to contractors through open bidding.
• Sand can only be sold if it has a maximum retail price; otherwise, a penalty will be imposed.
• Poclaines have been outlawed completely, and mining will be prohibited below three meters.
• Rivers Affected: Godavari, Tungabhadra, Vamsadhara, Nagavali, Bahuda, and Mahendratanaya are among the rivers affected.

Maharashtra

• A new policy was implemented in 2010, making it mandatory for contractors to acquire authorization from the Gramsabha before mining sand.
• Suction pump use is prohibited in dredging and sand mining licenses.
• Only through a competitive bidding process may suction pump bans and sand mining licenses be granted.
• Sand mining projects must also acquire environmental approvals.
• Rivers Affected: Creeks in Thane, Navi Mumbai, Raigad, and Ratnagiri are all affected.

Uttar Pradesh

• The Noida administration formed a "Special Mining Squad" with the mission of preventing and eventually rescuing Greater Noida from the sand mafia's ravages.
• Rivers Affected: Chhoti Gandak, Gurra, Rapti, and Ghaghara rivers are affected.

Provisions for Sand Mining in India

• Since sand is a minor mineral, different state governments have established different rules for awarding, regulating, and administering sand concessions.
  • The Mines and Minerals (Development and Regulation) Act of 1957 empowered state governments to enact regulations to prevent illegal mining, transportation, and storage of minerals.
• The Supreme Court (SC) and the National Green Tribunal (NGT) have made a number of judicial interventions to combat illegal mining.
  • The National Green Tribunal issued an order in August 2013 prohibiting sand mining without proper environmental clearance.
  • In 2020, the National Green Tribunal formed a new committee to investigate allegations of illegal sand mining using heavy machinery in the Son River.
• The Ministry of Environment, Forests, and Climate Change (MoEFCC) has issued "Sustainable Sand Mining Management Guidelines 2016" to promote scientific sand mining and environmentally friendly management practises.
• The Indian government's Ministry of Mines has also created a Mining Surveillance System (MSS) to aid state governments in combating illegal mining in the country.
• Sand extraction without a legal permit is a punishable offence under Sections 120B and 34 of the Indian Penal Code, 1860.

Constitutional Framework of Mining Sector in India

• The entry at serial No. 23 of List II (State List) of the Indian Constitution mandates that the state government own the minerals located within its borders.
• The entry at serial No. 54 of List I (Central List) requires the central government to own the minerals within India's exclusive economic zone (EEZ). The Mines and Minerals (Development and Regulation) (MMDR) Act of 1957 was drafted in response to this.
• Furthermore, the Central Government notifies certain minerals as'minor' minerals from time to time, for which the State Government has sole authority over the procedures for seeking and granting mineral concessions, determining royalty and dead rent rates, and revising orders.
• Building stones, gravel, ordinary clay, and ordinary sand are all examples of minor minerals.
• The approval of the Central Government is required for minerals listed in the First Schedule to the Mines and Minerals (Development and Regulation) Act of 1957.
• Minerals in Schedule I include coal and lignite, as well as minerals from the "rare earths" group, which include Uranium and Thorium.

Enforcement and Monitoring Guidelines for Sand Mining 2020

• Source to Destination Monitoring: The new set of guidelines focuses on effective sand mining monitoring, from the identification of sand mineral sources to its dispatch and end-use by consumers and the general public, and considers a uniform protocol for the entire country.
• Constantly monitor mining activity with drones and at night with night-vision drones.
• Audits: States must conduct river audits and make detailed survey reports on all mining areas public.
• Transparency in the process is achieved through online sales and purchases of sand and other riverbed materials (RBM).
• Enforcement: It directs states to establish dedicated task forces at the district level. When rivers become district or state boundaries, the districts or states that share the boundary must form a combined task force to monitor mined materials and mining activity, as well as participate in the preparation of District Survey Reports (DSR) by providing appropriate inputs.
• Sustainability: Conduct a replenishment study for river bed sand to mitigate the negative effects of excessive sand extraction.
• During the monsoon season, no riverbed mining will be permitted.

Conclusion

After water, sand and gravel are the most common raw materials used on the planet. Their use far outstrips natural renewal rates. Furthermore, the amount mined is increasing exponentially, owing to rapid economic growth. To ensure future economic growth, it is critical that resources are used wisely. State governments have developed their own minor minerals concession rules using the authority granted to them by Section 15 of the MMDR Act.

FAQs

MCQs

1. Which of the following acts regulates sand mining in India?

A) Environment Protection Act, 1986
B) Mines and Minerals (Development and Regulation) Act, 1957
C) The Indian Penal Code, 1860
D) Both A and B

2. What is one of the primary environmental impacts of uncontrolled sand mining?

A) Flooding of rivers
B) Soil fertility enhancement
C) Erosion of riverbanks
D) Groundwater level improvement

3. Which body is responsible for ensuring compliance with sand mining regulations in India?

A) Central Pollution Control Board
B) National Green Tribunal
C) State Pollution Control Boards
D) Ministry of Environment, Forest and Climate Change

4. What is a common alternative to natural sand used in construction?

A) Fly ash
B) Manufactured sand
C) Glass aggregates
D) Slag

5. What is one of the key objectives of regulating sand mining in India?

A) To promote illegal mining
B) To conserve water resources
C) To prevent environmental degradation
D) To increase the construction of dams

GS Mains Questions and Model Answers

Q1: Examine the environmental consequences of unchecked sand mining. How can India implement effective measures to regulate sand mining?

Answer: Unchecked sand mining has serious environmental consequences, including the destruction of ecosystems, erosion of riverbanks, depletion of groundwater levels, and a negative impact on aquatic life. To mitigate these effects, India must implement stricter regulations on sand mining by ensuring that all mining activities are subject to environmental clearances, monitoring, and adherence to sustainable practices. Additionally, the use of alternative materials like manufactured sand should be promoted to reduce dependence on natural sand. Technology such as satellite monitoring and drones can be used to track illegal mining activities. Public awareness campaigns can also help promote sustainable sand mining practices.

Q2: Discuss the role of the National Green Tribunal in regulating sand mining in India. What challenges does the NGT face in enforcing these regulations?

Answer: The National Green Tribunal (NGT) plays an important role in regulating sand mining in India. It enforces environmental laws and ensures that sand mining activities comply with legal and environmental standards. The NGT has the authority to impose penalties and direct the restoration of ecosystems damaged by illegal mining. However, the tribunal faces challenges such as the lack of adequate resources for monitoring sand mining activities, political influence in certain regions, and the prevalence of illegal mining practices that bypass legal regulations. Strengthening the tribunal’s capacity to monitor and enforce regulations is crucial for the sustainable management of sand mining in India.

Q3: How can India balance the need for sand mining with environmental conservation? Propose a sustainable approach to sand mining in the country.

Answer: To balance sand mining with environmental conservation, India should adopt a sustainable approach that involves stricter regulations, monitoring, and the use of alternative materials. Mining permits should be granted only after conducting environmental impact assessments, and mining activities should be limited to ecologically suitable areas. The use of alternative materials, like manufactured sand, should be promoted to reduce dependency on riverbed sand. The restoration of mined areas, including the planting of vegetation and recharging of groundwater, should be mandated. Additionally, public participation and awareness campaigns can encourage responsible mining practices and reduce illegal activities.

Previous Year Questions on Sand Mining Regulations

1. UPSC CSE Prelims 2020:

Question: Which of the following laws governs sand mining activities in India?

A) Mines and Minerals (Development and Regulation) Act, 1957
B) Water Pollution Control Act, 1974
C) Environment Protection Act, 1986
D) Both A and C

Answer: (D)

Explanation: Sand mining activities in India are primarily governed by the Mines and Minerals (Development and Regulation) Act, 1957, and the Environment Protection Act, 1986, which regulate mining operations and environmental impacts.

2. UPSC CSE Mains 2018 (GS Paper 2):

Question: "Discuss the role of the National Green Tribunal in regulating environmental issues in India, particularly in relation to sand mining."

Answer: The National Green Tribunal (NGT) plays a pivotal role in regulating environmental issues in India. It has been instrumental in enforcing laws related to sand mining by ensuring compliance with environmental standards and holding violators accountable. The NGT has issued several directives that mandate environmental clearances for mining operations and ensures that the mined areas are restored. It also tackles illegal sand mining activities and imposes penalties to prevent further environmental degradation. However, challenges remain in implementing these regulations due to the vastness of the country and the involvement of local political factors. Strengthening NGT’s role is crucial for ensuring sustainable mining practices.