Author – Sakshi Khulve
Introduction
India ranks third in being the largest energy and oil consumer in the world. The country has emerged as a refinery hub and seeks to increase refining capacity to 400MMTPA by 2025. The nation has 13 major and some 200 non-major sea ports and intermediate ports. Out of a total of 13 major Indian ports, 12 are government and one is the Chennai port of Ennore. Marine transport in India is regulated and operated by the state and central governments. Although the shipping ministry oversees the major ports, the intermediate and smaller ports are managed by the state government in which the port is situated.
Mining is the extraction of valuable minerals from the Earth’s surface, including the oceans. With a few exceptions, a mineral is a naturally occurring inorganic material with a unique chemical composition and physical characteristics.” However for the purpose of oil mining, Mine has been defined as all boreholes, oil wells and petroleum plants as well as installations and all other required facilities like pipelines etc. required for the purpose conveying petroleum to an area chosen by the owner or his agent.
Constitutionality
One of the most striking features of Indian Constitution is federalism as there is a clear distribution of legislative power between the union and the states. Article 246 of Constitution deals with distribution of power in terms of subject matter. Under this article the development and regulation of oil fields and all oil related activities will fall under the jurisdiction of the Union government by virtue of Entry 53, List I of Schedule VII. The Ministry of Petroleum & Natural Gas deals with all aspects related to oil and natural gas. However, access to land, water etc. will fall in the jurisdiction of state government. The Ministry of Mines is responsible for surveying and exploring all minerals other than natural gas, petroleum, and atomic minerals. The administration of mines and minerals is done through the Mines and Minerals (Regulation and Development) Act, 1957 for all mines and minerals other than coal, natural gas, and petroleum.
Laws Governing Oil Mining
Role of Mines Act 1952
By virtue of section 57 of Mines Act, 1952 the Central Government has in exercise of the powers conferred by this section and on the recommendations of the Committee constituted under this section 12 has published Oil Mines Regulation, 2017 in the official gazette of India. As per section 57 of the Mines Act, 1952 the central government may make regulations for the purpose of determining the appointment qualifications, duties and power of chief inspector and inspector of mines. The regulations may be made in respect to duties of owners, agents, constructors or mine workers and also to determine the qualifications of manager and agents and the people working under them. Also the power to make regulation in regards to providing facilities to perform duties, to fix fees for grant and renewal of license, inspection of workplace, and safety of workers in pits and shafts and appointment of court of inquiry. Since oil mines are prone to many complications and accidents under this same section the central government has power to make regulation in respect of making inquiries of any misconduct or incompetence and to lay down procedure in case of any accident. A separate regulation can be laid down for working or restricting women from working in mines if the labour involves danger to life.
Oil Mines Regulation 2017
Oil Mines Regulation 2017 is responsible which has been made in response to section 57 of Mines act 1952 has suppressed the Oil Mines Regulation, 1984. The regulation deals with duties of every person involved in a mine from owner to manager and person working there with. It lays down regulation for installations, drilling, workover and safety rules related to oil mines. The regulation also lays down the standards for transportation of petroleum by installing pipes, creating the design for such pipes and procedure in occurrence of gas leak or fire. Certain general safe precautions have been provided in the form of “Code of Practice” which talks about the duty of manager to examine all the equipment’s before put to use. The code of practice so framed with due regard for the type, size, and capacity of the machinery or operation in use, as well as conditions prevailing there, and a copy shall be submitted to the Regional Inspector, who may at any time make modifications in the code . Regulation 129 lays down standards for protection of environment which is to comply with the standards and guidelines of the Environment (Protection) Rules, 1986 and a safety management plan for all operations of the mine in with regards to the health, safety and environment policy, which needs to be duly approved by the competent authority of the organization The regulation 106 makes classification of hazardous area into various zones and provides general safety precaution thereof.
Impact on Environment
Report of Baghjan blowout
The village of Baghjan under the Hapjan Block of Tinsukia district experienced their worst nightmare on the morning of May 27, about 10.30. There was a blowout in well no 5. “ A committee of Experts was constituted to look into the matter with respect to causes of oil and gas leak, loss of life and environment, health hazards, any contamination to air, water and soil in the viscinity of oil well. The committee was also tasked to find out the impact on eco sensitive zone of the national park, wetland and Dibru River. Also to find out people responsible for the fire incident and the reason of failure to prevent this incident. The committee had to assess compensation for victims and damage to environment. Last but not the least the preventive and remedial measures taken.” In compliance with the orders of NGT dated April 24, 2020 a preliminary report was made which presents the progress and findings of the committee. The discussions in the report contain the reasons for the blowout, the environmental and regulatory violations, environmental damage caused by blowout and interim compensation granted to the families. On September 07, 2020 on the same site similar explosion occurred which also injured three experts working for OIL. The committee was further ordered to create a report for second explosion as well.
Preliminary Report
Since 2020 also observed the pandemic and the reason affected by the blowout was also affected by the some covid positive person, Assam had observed a lockdown. The committee of experts did not personally visit the site however through telephonic and video conferencing with the affected, residents and stakeholders made report of critical progress.
- Analysis of Representation:
Niranta Gohain an environment and a resident of Dibru Saikhova on his representation mentioned about the illegal construction of the sites without taking environment clearances. The operation since its commencement has a huge impact on eco sensitive regions like Dibru Saikhova National park and Maguri Motapung Beel. The indigenous people were highly affected as the water from tubewell was highly contaminated due to blowout. People were getting caught by new form of diseases. Farmlands were completely damaged and the land within five to six kilometres had become non cultivable for minimum next two decades. The aquatic life in the wetlands was completely damaged. The Central Asian Flyway which is a migratory route for birds is impacted. Since government camp cannot provide facility for all residents the once who chose to stay behind are suffering from food shortage. The cattles have died grazing contaminated grass. The native species such as hornbills and tortoise have been dying.
Other representatives also mentioned about breathing issues, contaminated water and grasslands, death of aquatic animals and migratory birds. The Dibru river which is one of the tributary of Brahmaputra river has been hugely impacted and witnessed the death of ridley turtles. What was left of tea gardens has been damaged due to oily rain. Dr Das who is also the head of department of geography at Tinsukia College in Assam mentioned that species enlisted in IUCN Red Data book which were either vulnerable or near threatened have been affected by death or disappearance.
- The Wildlife Institute of India:
The committee of expert so constituted by NGT took the expertise of The Wildlife Institute of India to assess the impact of Baghjan blowout. After conducting the survey, it was found that concentration of carcinogenic PAH was found even in fishes. The level of carcinogen found was higher in this area compared to rest of India. Sound pollution was observed. Within twelve kilometres the noise had reached seventy decibels which above as recommended by World Health Organisation. High mortality rate was observed in fishes, whales, turtles and birds. Oxygen level in water had gone very low. At Indo-Gangetic place the oxygen level was barely above Central Pollution Control Board class ‘A’ limit.
Compliances
Oil India Limited did not have consent of Pollution Control Board Assam to drill or operate a well which is also a violation under the Air Act and Water Act . Both the violations pertain to taking of permission from state board before operating or constructing any industry which may require discharge of sewage or effluents into stream or well or land in latter case and permission of state board is required if setting up industry in air pollution control area in former case.
The Supreme Court had held in case of Goa Foundations vs Union of India that as a mandate under Environment Protection Act that eco sensitive areas must be declared as protected areas . activities including mining or which pollutes the environment will be prohibited and till states have not declared them Eco Sensitive Zone the mining activities within ten kilometres of such sensitive area will require approval of National Board of Wildlife.
Violation of Oil Mines Regulation, 2017 there was no Safety Management Plan and it is the duty of owner, manager and agent to implement safety of all operations of the mine in duly approved by the competent authority and a copy of such regulation to be sent to Chief Inspector of mines within one hundred and eighty days of commencement of such regulation. This is also followed by violation of Regulation 129 which specifically talks about protection of environment. Not complying with the standards mentioned regarding compliances and treatment and discharge of waste was a violation of the regulation.
Conclusion
In the present case study of Baghjan it is important to note that oil mining is a critical infrastructure and is subject to frequent accidents. Oil India Limited should have taken all the precautionary measures right when the signs of contamination of tube wells were noticed. The state board granted permission to such operation though only for five years but considering it is a eco sensitive zone is a violation of Environment Protection Act, and any violation to the given act is also a violation in terms Regulation 129 where the clause one itself suggests that compliance to the said act must be made. The same regulation also states that the untreated sewage, shall not be discharged into sea or any water body however the preliminary report on the basis of representation analysis suggest that the water was contaminated and livelihood was affected since the commencement of the operation, “the blowout only worsened the condition”. The aftermath of the incident is worse than can be assessed. For the environment to revive it is going to take at least twenty years.
Right to live in a safe and pollution free environment is a fundamental right and no one shall be deprived of that. Since natural restoration is a long goal effort must be made by the government, various agencies and even individuals to revitalize the site and must come up with a safe ecological restoration plans. CAMPA (Compensatory Afforestation Fund Management and Planning Authority) is an initiative wherein activities involve compensating for forest diverted to non-forest uses. The funds received by the state from user agencies can be used for forest conservation and protection. Using this scheme to get funds for restoring forests will make this scheme economically viable for forest restoration. The main task of CAMPA is to work towards regeneration of natural forests. It was formed by the orders of the Supreme Court to evaluate compensatory afforestation activities.
Industrial development is important for the country’s progress. However, if such progress is accomplished by irresponsible mining practices that result in loss of life, fundamental necessities such as water supply, and ecological imbalance, there may be no genuine economic growth and prosperity in the end. It’s crucial to find the right balance between the two. All of these factors should be taken into account by appropriate authorities when awarding leases, as well as necessary protections to guarantee that expansion does not negatively impact the environment and ecological balance.
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