SYED ZAHIRUL ABEDIN
20/08/2008
The much-talked-about 8th draft coal policy was not approved at the Advisory Council meeting due to strong differences over the issues of payment of royalty, acquisition of land, and quite a large number of ambiguities in it.
Sources at the Ministry of Energy and Mineral Resources told The New Nation yesterday that the draft coal policy was sent back to the ministry concerned for further scrutiny.
Besides, the meeting of the Council of Advisers held on Wednesday in Chittagong suggested to make the draft coal policy smaller in size removing all the ambiguities.
The sources said the draft coal policy would again be placed before the Advisory Council before December this year for approval.
Earlier, the Energy Division of the Ministry of Energy and Mineral Resources sent the draft coal policy to the Cabinet Division to place it before the Council of Advisers for approval.
The meeting sources said there were strong differences among the Advisory Council members regarding the recommendations of coal extraction under open-pit system, environmental effects, payment of royalty, and rehabilitation of the affected people. The royalty issue, in particular, came under extensive discussion at the meeting.
Though 13 percent royalty has been recommended in the 8th draft coal policy, the Advisory Council noted that no local or foreign companies would come to invest in the country's coal sector if such a 'big amount' of royalty would have to pay the government.
"The amount of royalty proposed in the draft coal policy is not investment-friendly," a source said quoting the meeting.
During the meeting the amount of royalty that exists in Indonesia's coal sector was pointed out.
Special Assistant to Chief Adviser for Energy and Mineral Resources Dr M Tamim told the meeting that though the amount of royalty was only 6 percent in Indonesia, other taxes were higher in that country compared to Bangladesh.
Dr Tamim mentioned that except royalty, other taxes were quite lower in Bangladesh. "That is why 13 percent royalty has been proposed," he said.
It may be recalled that Asia Energy submitted a feasibility study report along with a development plan for Phulbari Coalmine Project during the reign of BNP-Jamaat led alliance government back in 2005. In its development plan, Asia Energy proposed 6 per cent royalty, i.e. Bangladesh would get only 6 percent of the coal after extraction from the Phulbari Coalmine Project.
However, at the same time the country's left-leaning political parties and different social organizations, including the National Committee for Protection of Oil-Gas-Mineral Resources and Ports and Power demanded of the government to raise the amount of royalty for extraction of coal. In the wake of that demand the present caretaker government formed an advisory committee with former vice-chancellor of BUET Dr Abdul Momin Patwari as convener to finalise the draft coal policy.
Other members of the committee were University Grants Commission chairman Nazrul Islam, BUET's Professor Nurul Islam, senior journalist Ataus Samad, Dhaka University Professors Badrul Imam and Mustafizur Rahman, chief engineer of the Bangladesh Army Major General Ismail Faruque Chowdhury, Petrobangla Director Maqbul-e-Elahi and chief executive officer of IIFC Nazrul Islam.
Subsequently the committee proposed that any company which will be awarded the contract for extraction of coal will have to pay 13 percent royalty to the government.
The sources said the amount of royalty proposed in the coal policy in 1968 was 10 percent. Later, it was raised to 20 percent in 1987. In 1995 the royalty was re-fixed at 6 percent for open-pit mining and 5 percent for underground mining.
At the meeting, some members of the Council of Advisers raised questions regarding the issue of acquisition of land incorporated in the draft coal policy.
They opined that any law ought not to be brought under the purview of any policy, rather laws should be kept out of the purview of a policy.
The members of the Council of Advisers said that the issue of land acquisition fell under the purview of land acquisition policy of the government, not under the purview of coal policy.
Some of the advisers also suggested making the coal policy smaller in size removing all the ambiguities.
The sources at the Ministry of Energy and Mineral Resources said that coal extraction under the open-pit method in at least one coal mine has been proposed in the draft coal policy as a test case since 'no one in the country has any real experience in open-pit mining.'
The advisory committee proposed that at least one mine should be developed following the open-pit method to gather hands-on experience, and to assess the effect on the environment.
The draft says that the first open-pit mining project will be experimental, and Bangladesh will gather data on the impact of water extraction on the environment, the impact on the underground through simulation, protection of the environment, resettlement of the evicted people and the socio-economic impact, and assess the success of re-injection of water into the underground and land reclamation and fertility.
'If the result of the open-pit mining method is satisfactory, the method can be used in other coal-fields for commercial extraction of the coal,' said the provision.
The draft coal policy says that either the proposed state-owned 'Khani Bangla' or a public-private joint venture under the management of the government would develop the coal-field using the open-pit method. The partner of the joint venture will be selected through competitive bidding.
However, the National Committee to Protect Oil, Gas, Mineral Resources, Port and Power demanded that the coal policy should not include any provision for open-pit mining, not even an experimental one.
Regarding underground mining, the policy said that necessary measures would have to be based on the experience of underground mining (in Barapukuria).
If any company wants to develop a coal-field, it has to carry out socio-economic and technical feasibility studies and submit reports on both open-pit and underground mining, and a government committee will choose the mining method, said the policy.
The committee also decided to fix a security deposit for environmental damages, which will be 2 per cent of the estimated project cost. The deposit will be in addition to the existing deposit of 3 per cent of the project's cost as stated in the mining rules.
The draft policy said that a representative group, comprising elected local representatives and local civil society members, would be formed, which would be involved with a coal project for observing environmental and social impacts and hear the complaints of local people.
The draft policy also restricts coal export and proposes to set up a large power station near every coalmine project. The coal which will be extracted will be used for generating electricity at these power stations.
It says that coal will have to be extracted according to the requirements. Coal will be extracted maintaining a balance between the extraction and utilization. In spite of it, if any company wants to extract additional quantity of coal it will not be allowed to do so.
However, the Council of Advisers suggested incorporating an explanation in detail regarding the sort of penalty if any company is found guilty for extracting additional quantity of coal.
Meanwhile, the sources at the Ministry of Energy and Mineral Resources also told The New Nation that the 8th draft coal policy would again be placed before the Council of Advisers by December next so that it could be approved within this year.
http://nation.ittefaq.com/issues/2008/08/20/news0242.htm