The river beds, banks, fish and all the other organisms living in and around the river are a major source of livelihood for the traditional communities who live there. The river beds have sand, which is extracted for both domestic and commercial use. However, the excessive removal of sand, boulders and stones from the rivers, creeks, estuaries and beaches can destroy the river beds, affect the fish catch and clam collection in that region. It may cause river bank erosion, changes in the flow pattern, intrusion of saltwater into adjacent water bodies. Moreover, in coastal areas, this can potentially lead to land erosion and intrusion of seawater during high tide.
Sand mining, (the removal of sand, boulders and stones from riverbeds and beaches), is an activity which is regulated through various national and state laws. Legally, it can be carried out only after obtaining permissions and with mandatory safeguards. In case you or anyone you know is impacted by this activity, the information below can help map the laws that regulate riverbed and coastal sand mining. It also specifies which government institutions can be approached.
There are various steps that might be required to understand the legal status of sand mining before pursuing any remedy or seeking a regulatory response from concerned authorities. These are specified in three sections:
S.No. | Document | Issued under | Institutions |
I. | Prior permissions | ||
1. | Environment Clearance (EC) for Category B1 projects. | Environment Impact Assessment (EIA) Notification, 2006 | State Environmental Impact Assessment Authority (SEIAA) |
EC for Category B2 projects. | District Level Environmental Impact Assessment Authority (DEIAA) | ||
2. | CRZ clearance (in case of estuarine beds and coastal area) | Coastal Regulation Zone Notification, 2011 | State Coastal Zone Management Authority (SCZMA) |
3. | Forest clearance(when forest land is involved) | Forest Conservation Act, 1980 | Forest Department (Division Forest Officer) |
4. | Panchayat clearance for sand collection/storage | Panchayat Raj Act, 1991 | Village Panchayat |
Once the documents and evidence specified in the above section are gathered, two scenarios may emerge. The legal hooks available to form the basis of the complaints are explained in each of the scenarios:
Scenario A: In case an approval or permission has not been taken
I. If an approval has not been taken from either the State Environmental Impact Assessment Authority (SEIAA) or District Level Impact Assessment Authority (DEIAA) under the Environmental Impact Assessment (EIA) Notification, 2006.
II. If an approval has not been taken as per the Coastal Regulation Zone Notification (CRZ), 2011.
The CRZ Notification was enacted to regulate activities within the coastal areas. Areas up to 500 meters from the coast are demarcated into four different zones. Certain activities as per Para. 3 of the Notification are prohibited within the CRZ. Mining of sand is prohibited in the following manner in the Notification:
Scenario B: In cases where approval or permission has been taken
Situation | Authority to whom complaint may be addressed: |
A. Non-compliance of clearance taken from SEIAA/ DEIAA. |
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B. Non- compliance of other orders/ clearances. | Director, Department of Mines and Geology, in the respective state. |
C. Non-compliance of Panchayat lease agreements/ clearances. | Village Panchayat (PDO), a copy of the complaint must also be sent to the Taluka Panchayat Executive Office and the Assistant Commissioner, Taluka Sand Monitoring Committee. |