The Centre has given states the power to clear small mineralmining projects even if in environmentally sensitive areas. States will not have to refer to the Union environment ministry if the projects are near national parks or sanctuaries, in critically polluted areas or biodiversity protection zones.

A recent order by the environment ministry, while addressing directives by the Supreme Court and the National Green Tribunal, will provide relief to industries like brick kilns, which use the topsoil of the farmland they take on lease.

Following up on a Supreme Court order, the green tribunal had in August 2013 banned mining of minor minerals without clearance from the Centre to curb widespread illegal mining. Earth excavation is classified as mining of minor minerals.

The apex court in a ruling on February 2012 observed mining of minor minerals could have significant adverse impacts on the environment. The court had ordered mining leases for minor minerals, including renewals for areas less than five hectares, be granted by states after being cleared by the Centre.

Earlier notifications by the Union environment ministry had given greater freedom to states to clear projects that fall in environmentally sensitive areas. There was no provision in the Environmental Impact Assessment Notification of 2006, which had talked about mining of minerals on less than five hectares. The ministry has now added the provision on the request of mining and coal ministries.

The mining, coal and environment ministries had decided in June that small mining projects be exempted from obtaining central clearance if states put adequate systems in place.

"It was decided that the MoEF will scrutinise the rules promulgated by state governments concerning this matter to verify their adequacy as far as environmental protection is concerned and the applicability of the Environment Clearance (EC) notification will be removed in all the cases where the state governments have been found to have issued rules that provide adequately for environment protection," an official document reviewed by Business Standard stated.

"When we took up the consultation with the law ministry, it said we can't change the provision of not taking an EC from the MoEF without taking up the matter with the court," a senior official said.