Impact of mining on the environment

Article 143 of the Constitution provides that all minerals and other things of value underlying any land of Bangladesh as well as all lands, minerals and other things of value underlying the ocean within the territorial water or the ocean over the continental shelf vests in the Republic. The State has the power to issue mining leases as it owns the mineral resources. Principle 21 of the Stockholm Declaration declares that the States have sovereignty and independent political and legal control over their own natural resources. However, another principle incorporated by Principle 21 of the same Declaration is the 'transboundary harm' which prescribes that the responsibility of the States is to ensure that the activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction.

Mining has turned into a source of commodities as a result of the anticipated demand for bauxite, copper, gold, nickel, iron ore, and cobalt. Although mining provides financial advantages, there are also significant environmental drawbacks. The environment of the area where mining takes place, and its surroundings is negatively impacted by the release of harmful chemicals and the destruction of biodiversity from the exploration stage to the reclamation stage. Significant amounts of air pollution, water pollution, and damage to species and habitat are caused by mining.

Bangladesh added Article 18A to the Constitution in 2011 after realising the importance of protecting the environment. Although this Fundamental Principle of State Policy (FPSP) is not judicially enforceable, it has a significant role while interpreting the national environment-related legislation. This Article is intended to safeguard natural resources and biodiversity. Some laws specifically address Bangladesh's regulatory framework for mining. Exploration of natural gas necessitates PSC  (Production Sharing Contracts) contracts with the government. However, a license system is used to conduct the exploration of other mineral resources including coal and hard rock. The Mines Act 1923, the Mines and Mineral Resources (Control and Development) Act 1992, and the Mines and Minerals Rules 2012 are the main laws that provide detailed procedure for granting licenses for these types of mineral resources, with the exception of natural gas, and also include environmental protection provisions.

According to Section 3(f) of the Mines Act 1923, a mine is any excavation where an operation for the purpose of looking for or obtaining minerals has been carried out or is currently being carried out. It also includes all structures, equipment, tramways, and sidings, whether above or below ground, located within, next to, or attached to a mine. The Mines Act 1923 rules and regulations are under the supervision of the Chief Inspector and the Mines Inspector. It has been promulgated for the regulation and inspection of mines. However, this Act does not directly provide provisions for environment protection. This Act truly lays out guidelines for managing the mine properly and taking care of the mine's workplace environment.

A license for mining and associated operations may only be granted in compliance with the rule, according to section 3 of the Mines and Mineral Resources (Control and Development) Act 1992. This Mines Rules 2012 forbids illegal labor and regulates unauthorised mining, quarrying, and mineral disposal. A licensee's duties and responsibilities are outlined in Rule 54. The licensee is required by Rule 54(8) to maintain accurate geological, geophysical, and drilling plans, maps, logs, and records. In addition, the licensee is required to provide the Director with any data and information regarding the status of geological, geophysical, drilling operations, and other geoscientific works.

The Mines and Minerals Rules 2012, the Environment Conservation Act 1995 and the Environment Conservation Rules 1997 must be complied with by license holders. Rules 19, 20, and 26 of the Mines Rules respectively provide that the Forest Department must be notified in advance of any exploration in reserved or protected forests, no licensee is allowed to cut hills or plants on government-owned property without first receiving permission from the government, and the licensee is responsible for compensation for any unscientific means of exploration, lack of supervision, etc. In accordance with Rule 39, the licensee must take steps to purify the water whenever mining contaminates neighboring bodies of water. Rule 84 grants the Director the authority to revoke the license and to suspend mining operations right away in the event of any violation of the rules.

The Director has the authority to renew a license under rule 65 if he is pleased with the licensee's prior performance. There is however no set method for how he will be satisfied. The Environment Conservation Act 1995 and the Environment Conservation Rule 1997 are not explicitly stated in rule 42 of The Mines and Minerals Rules 2012 as to how and in what manner they would be applied to the mining sectors. A proper and expanded explanation is required. A mineral resource or a class of mineral resources may currently be exempted by the government from any or all of the regulations' requirements under Section 6 of the Mines and Mineral Resources (Control and Development) Act 1992. In order to avoid future abuse, the legal scope for the exemptions must be defined clearly. It must specify the circumstances or parties to whom such an exemption may be given.

The writer is a Law Student, University of Dhaka.