Friday, July 17, 2015

Metamorphosis of mining policy-CSE's Fortnightly News Bulletin (July 17, 2015)


Metamorphosis of mining policy-CSE's Fortnightly News Bulletin (July 17, 2015)
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CSE's Fortnightly News Bulletin (July 17, 2015) 
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Down to Earth gets a new website 

Down to Earth has added another feather in its cap – a completely new website that has a contemporary format and can be viewed equally well on a computer, a tablet or a mobile phone. The website, launched last week in New Delhi, retains its India-centric reportage but will also feature more stories from developing countries as well as carry important updates from across the world. The new site will additionally stream live interviews from Down to Earth TV and contain interactive packages with videos, photographs and texts. DTE plans to add many more bloggers and writers to its already sizable list of contributors. The website remains available on the same URL as before: www.downtoearth.org.in 

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- On India Environment Portal: Climate Change in the global mind - Track how the world sees climate change 

- CSE Store: DTE to release first annual state of health report 'Body Burden 2015' 

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EDITORIAL 
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Metamorphosis of mining policy 
In India, policy often becomes dead on arrival 

by Sunita Narain 

There is a science and art of policy-making. In India, this is confounding and abstract. But what stands out is that the intent and form of policy-making begins somewhere and ends somewhere else—as it moves between desks, competing interests and even governments, it evolves or gets distorted so that the final product looks very different. But that is not the end of the matter. By the time a policy is decreed into law, the original proponents become cynical or lose interest in its implementation. Policy then becomes dead on arrival. 

Let me explain why I am saying this. 

In the mid-2000, mining was the sunshine sector. India was digging for minerals like there was no tomorrow. The government set up a committee under the then member of the Planning Commission, Anwarul Hoda, to suggest changes in the mining policy. This was also the time when we at the Centre for Science and Environment (CSE) were researching this sector. The Hoda committee focused primarily on mineral extraction. Our focus was the interconnection between mineral wealth, forests and water—also found where minerals are found—and the fact that people who lived in these rich lands were the country's poorest. 

In 2007, another committee was formed, this time under the then home minister Shivraj Patil to examine the Hoda report recommendations. We pushed our way into this committee, making a presentation on the need to reform the 1957 Mines and Minerals (Development and Regulation) Act, or MMDR Act, to account for environmental safeguards and share revenues with local people. 

Then in 2009, the Union Ministry of Mines, headed by an extraordinary bureaucrat, began rewriting the 1957 law. The first draft of the revised MMDR Act decided to make people partners in mining operations by giving them equity in mining companies. But the very idea of sharing benefits with people was too much for mining companies. The Federation of Indian Mineral Industries went as far to say that if money was given then "tribal men would drink and beat their wives". 

But better sense prevailed. It was decided that instead of equity, companies would give 26 per cent of their profits, which would be channelised directly into the accounts of the affected people. As I said, policy-making in India is confounding, so meeting after meeting was held to evolve consensus and each time it was an effort to keep the benefit-sharing provision intact. 

By the time MMDR Bill, 2011, was tabled in Parliament, the original idea remained but in a different form. Instead of sharing profits, it was decided that mining companies other than coal would give equivalent royalty to the district mineral foundation; coal would give 26 per cent of the profits after tax. The law made it clear that this money was to go to the affected people. However, UPA II did not push for this bill and after two years as Parliament dissolved it lapsed. 

The new NDA government instead of rewriting the 1957 Act, brought in an amendment, mostly to move to auction of mines for greater revenue and transparency in allocation. In this amendment, now passed by Parliament, the provision on benefit sharing remains, but it has lost its intent. Now the district mineral foundation (DMF) is to be set up in all areas "affected by mining related operations". 

Holders of mining leases will pay to the foundation of the district in which mining is done a sum, "which will not exceed one-third of the royalty" in the case of new leases and "equivalent to the royalty" in case of old leases. The amendment lets state governments set the rules for the foundation, including its composition. But it does say that the object of this foundation will be to work for the "interests and benefits of persons and areas affected by mining related operations." 

My colleagues have calculated that DMFs in big mining districts will get substantial inflows of funds. At current royalty rates districts like Keonjhar would get some Rs 600 crore annually. It is possible to use this money for the direct benefit of the affected people as well as to invest in their future assets. Now the question is who will make the rules to ensure that the money reaches where it belongs? 

By now the original proposal is long gone. However, in this case, CSE as the proponent of the idea remains. The first draft of dmf rules, from Rajasthan, focuses on the use of money. It has no idea that this provision was meant to give people a stake in the rent on natural resources. It was meant to profit them so that it leads to inclusive growth. In the great Indian policy bazaar the challenge is to ensure that even this not-so-great policy is used as per its original intention and to find ways to implement it so that it can do what is was meant to do: bring change in the lives of the poor. 

I will keep you posted on the updates on this issue. 

- Follow Sunita Narain on Twitter at: @sunitanar 

- To post your comments on this editorial online, please visit:http://www.downtoearth.org.in/blog/metamorphosis-of-mining-policy-50455 

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To subscribe to the Down To Earth, please visit: http://www.downtoearth.org.in/subscription/plans 

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DTE NEWS ON THE WEB 
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-  Humans caused unprecedented damage to Earth's ecosystem 
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High interest rate is one of the major impediments in the development of solar sector in India 
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Follow Down to Earth: 

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Twitter: http://twitter.com/@down2earthindia 

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DTE VIDEOS 
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- Catch rain 
How much water are you harvesting this monsoon? 
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Artificial or lab-made meat will hit our dining tables in the near future. But there are certain issues that will have to be resolved before this can happen. 
For more, please visit: https://www.youtube.com/watch?v=fYFaHmhX0jw 

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ON THE INDIA ENVIRONMENT PORTAL 
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On India Environment Portal 

- Featured Interactives 
Dying Kingdom - Species that could vanish in 2015 if we don't act now 
http://www.indiaenvironmentportal.org.in/media/iep/infographics/endangered%20species/index.html 

Climate Change in the global mind - Track how the world sees climate change 
http://www.indiaenvironmentportal.org.in/media/iep/infographics/climate%20change/global_climate_perception.html 
See more Interactives 
http://www.indiaenvironmentportal.org.in/category/40187/content_types/interactive-infographics/ 

- Featured Regulation 
MNRE releases the draft National Renewable Energy Act 2015 
http://www.indiaenvironmentportal.org.in/reports-documents/national-renewable-energy-act-2015 

The draft National Renewable Energy Act 2015 to promote the production of energy from renewable energy sources and ensure energy security has been released for public comment by the Ministry of New and Renewable Energy Read this act, related resources, regulations and more... 
See more specials: http://www.indiaenvironmentportal.org.in/content-types/specials 

- Featured Report 
A whopping $200 billion worth of wheat, rice and maize crops could be lost by 2050 globally if the issues arising from global warming are not addressed on a war-footing, warn Indian, UK, USA and China experts in the independent study on the impact of climate change. 
http://www.indiaenvironmentportal.org.in/reports-documents/climate-change-risk-assessment 
See more specials: http://bit.ly/1K6TWfq 

- Environment In-Court 

The National Green Tribunal (NGT) on 7 July, 2015 quashed two office memoranda of the Ministry Of Environment and Forests (MoEF) dealing with the issue of clearances for major and minor projects, saying they suffered from infirmity of "lack of inherent jurisdiction and authority." Read full text of this 201-page NGT judgement. 
http://www.indiaenvironmentportal.org.in/content/414315/judgement-of-the-national-green-tribunal-regarding-environment-clearance-regulations-2006-07072015/ 

Order of the National Green Tribunal regarding asbestos mining in India,08/07/2015 
http://www.indiaenvironmentportal.org.in/content/order-national-green-tribunal-regarding-asbestos-mining-india-08072015 

See more Court Cases and Orders: http://bit.ly/1CIFrcf 

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For more details, contact Kiran Pandey: kiran@cseindia.orgkirandwi@gmail.com

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UPDATES FROM OUR PROGRAMME UNITS 
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- CSE Regional Media Briefing Workshop, Ranchi, Jharkhand: July 3, 2015 
CSE organised a Regional Media Briefing Workshop​ on July 3, 2015 in Ranchi, Jharkhand​ on ​District Mineral Foundations (DMFs). DMFs were​ created recently by the Government of India for the benefit of communities impacted by mining. Over 45 journalists from Jharkhand, Chhattisgarh and Odisha, three states where mining is a key activity, participated. 

For more, please visit: http://cseindia.org/content/cse-regional-media-briefing-workshop-ranchi-jharkhand-july-3-2015 

- CSE conducted Agenda for Survival from June 1 to 30, 2015. This year, for this summer school 20 young boys and girls participated. They were from diverse educational background and represented nine states of India. Classroom lectures were delivered by eminent scholars, activists and experienced CSE members. For field visits in Delhi they visited the Wazirabad barrage and the ongoing Yamuna Water front project. In Uttrakhand, they visited Corbett National Park and Ranikhet to know more about issues regarding river mining, agricultural land diversion for industry, human animal conflict, water shed management, spring recharge and more. 

They wrote, designed and put together a magazine and a website 

For details, please visit: http://cseindia.org/content/agenda-survival 
To read their Magazine 'Footprints', please visit: https://drive.google.com/a/cseindia.org/file/d/0B2dFegkgIqJgcWFDUEJIMWlqS1U/view 
To access their website, please visit: https://agenda4survival15.wordpress.com/ 

- CSE Press Release: Spoof of a well-known cola advertisement made by CSPI, a US-based NGO, is drawing global attention. CSE has been campaigning against sugary soft drinks and has linked these to health risks. To access the press release, please visit: 
http://www.cseindia.org/content/video-criticises-soft-drink-marketing-around-world 
To access the video, please visit: https://www.youtube.com/watch?v=RESW_yAfWD8 

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LEARNING WITH CSE 
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- Workshop on Continuous Emission Monitoring System (CEMS) 
Date: July 21, 2015 
For more information, please contact: Sanjeev K. Kanchan, sanjeev@cseindia.org 
Please visit: http://www.cseindia.org/content/workshop-continuous-emission-monitoring-system-cems 

- CSE announces Anil Agarwal media fellowships on good food 
Date: August 2015-October 2015 
For more information, please contact: Sheeba Madan, 0091-8860659190,sheeba@cseindia.org 
Please visit: http://cseindia.org/content/cse-media-fellowships-good-food 

- CSE's short-term EIA training programme UNDERSTANDING EIA: FROM SCREENING TO DECISION MAKING 
Date: August 3-7, 2015 
Location: New Delhi, India 
For more information, please contact: Digvijay Singh Bisht, Industry & Environment Unit, 0091-9891921959, 9899676027, digvijay@cseindia.org 
Please visit: http://www.cseindia.org/content/cse%E2%80%99s-short-term-eia-training-programme-understanding-eia-screening-decision-making-1 

- CSE's short-term training programme on E-WASTE MANAGEMENT: CHALLENGES, POLICIES AND WAY FORWARD 
Date: August 5-7, 2015 
Location: New Delhi, India 
For more information, please contact: Swati Singh Sambyal, Industry & Environment Unit, 0091-9910496283, swati@cseindia.org 
Please visit: http://www.cseindia.org/content/cse%E2%80%99s-short-term-training-programme-e-waste-management-challenges-policies-and-way-forward 


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THE CSE STORE 
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We are pleased to inform you that we are launching the following 7 Weekly Newsletters : 

1. Africa Environment Weekly 
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You can book your subscriptions immediately. 

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The yearly subscription to any of the individual Newsletters is available for Rs.2,000 each. 

- Body Burden 2015 

Down To Earth's first annual state of health report, Body Burden 2015, is coming out soon. The theme for Body Burden 2015 is environment and health. 

At the core of the book is the critical link between health and environment. For example, how lack of sanitation contributes to malnutrition. The book will put diseases, both communicable and non-communicable, in context by explaining such links so that people can take charge of their health—and environment. 

The Body Burden 2015 will be equally useful to the layperson, health professionals, policy-makers, students and researchers. It will be divided into easy-to-read, comprehensive chapters backed by latest data on disease incidence and trends. It will also empower the reader with the knowledge of how to make our environment more conducive to well-being and how to negotiate with the authorities towards this end. 

It is an annual publication that every citizen should have. 

Pre-publication offer valid till September 30, 2015

The book is priced Rs.250 but you can get it at a pre-publication offer of Rs.150 only when you send the payment immediately by way of a DD/Cheque drawn in favour of "Society for Environmental Communications". 


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