New forest rules permit linear projects to begin before final clearance, recognise critical minerals

New Delhi, Sep 2 (PTI) The government has amended the Van (Sanrakshan Evam Samvardhan) Rules, 2023, to create a formal category for critical and strategic minerals, allow offline applications in cases of strategic and national importance and allow certain projects to begin work before final clearance.

A new clause says the rules will apply to the "critical and strategic minerals" listed in the First Schedule of the Mines and Minerals (Development and Regulation) Act, 1957, as well as those notified under the Seventh Schedule and the Atomic Energy Act, 1962.

For minerals not on the critical and strategic list, and in states and Union territories that do not have more than 33 per cent forest cover, a diversion of forest land will require compensatory afforestation, equal to three times the diverted area, on degraded forest land.

According to a notification dated August 31, the rules now allow user agencies to submit proposals offline for "defence, strategic and national importance" projects or in "exceptional cases of public interest or emergent nature".

The validity of the in-principle (Stage-I) approval has been extended from two years to five years. The Centre may also extend this period further if reasons are recorded in writing.

The definition of "permission to work" has been made more specific. It refers to starting preliminary project activities after the Stage-I approval, but excludes "black topping and concretisation of roads, laying of railway tracks, charging of transmission lines" unless specified by the Centre.

States and Union territories may now grant working permission for linear projects after the Stage-I approval, once levies like compensatory afforestation and net present value are paid and compliance with the Forest Rights Act is completed, even before the Stage-II approval.

The amendments also change the rules on compensatory afforestation.

Land identified for afforestation must be "mutated in favour of the Forest Department" before the Stage-II approval. States and Union territories may authorise the principal chief conservator of forests or the head of the forest force to notify afforestation land.

Plantations already raised under any central scheme may also be counted towards compensatory afforestation requirements.

According to the notification, the renewals of mining leases will require compensatory afforestation if it was not provided earlier. For underground mining or related works, where no surface rights are involved, compensatory afforestation "shall not be required".

The notification introduces a framework for dealing with offences. Divisional forest officers and assistant inspectors general of forests or higher officials are now authorised to file complaints in court.

Regional offices must forward information about violations to state governments within 45 days, and states are required to send periodic compliance reports. PTI GVS RC