23 Coastal Zone Regulation Notification, 2011

Dr. Gurneet Singh Dhaliwal

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Coastal Zone Regulation Notification, 2011

 

India has a coastal line of 7517 km which has a rich biodiversityi. However, there are increased pressures on these ecosystems in the coastal areas. As India is fast growing economy and there is widespread use of modern technologies that increasing pressure on ecosystems day by day.

 

The purpose behindthe Coastal Zone Regulation Notification, 2011 is to conserve and protect coastal areas, to ensure livelihood protection to the weaker communities dwelling within the areas around coasts that are vulnerable and to foster sustainable development in the coastal areas.ii

 

Learning Outcomes

 

The aim of this paper is to analyse the policy, legal norms and mechanism for the regulation of coastal zones in India. The paper analyses the Coastal Zone Regulation Notification, 2011 in contrast to 1991 notification and the enforcement mechanism under the notification.

 

1.1 Introduction

 

On February 19, 1991, the Ministry of Environment and Forests (MOEF, India issued a notification under Section 3 of the Environment Protection Act, 1986, for regulating the development activities on India’s coastline. Irrespective of the different conditions, biological diversity, development and other factors, the Notification of 1991 dealt with regulations for the management of vulnerable coastal areas on uniformed basis. In the Notification of 2011 concerning Coastal Regulations Zone, new regulations have been furthered for protecting the interests of various communities living in the areas around the coasts of Mumbai, Kerala, Goa and the local people living in ecological fragile areas of the Sunderban. The 2011 Notification points measures to be taken to prevent the coastal areaspollution. The disposal of effluentsinto coastal waters affects the fragile coastal areas. The coastal states are to ensurethat:

  1. Within a period of not exceeding two years from the Notification, the practice of discharging untreated waste is worked out.
  2. Within one year from the passing of the said Notification of 2011, the dumping of solid waste is phased out.
  3. With regard to pollution in coastal areas and waters, a plan of action is to be prepared for taking action well within time.
  4. The Ministry of Environment and Forests, after the submission of action plan would provide financial and technical assistance.

If we look at the main goals of the CRZ Notification, 2011, they can be numbered as follows:

  1. To provide livelihood security to the fishing communities/local communities living in the coastal areas
  2. To protect, conserve and further the interests of coastal stretches and;
  3. To promote sustainable development on scientific principles.

 

1.2 Prior Developments

 

The 1991 Notification provided for the uniformed regulations for the Indian coastlineiii. It failed to take into consideration the very fact that the coastal area is diverse in terms of resources, biodiversity, water body conditions. The Indian coastline projects different geological features which were not highlighted by the 1991 Notification.The fragile environment of the coastal areas shows different geomorphologic features and demographic patternsiv.

 

In the 1991 Notification, no time lines were stipulated for clearance procedure for obtaining CRZ clearance. It further not provided any format or mechanism for the applications to be submitted for clearance. The 1991 notification did not provide aclear cut enforcement mechanism/ post clearance monitoring mechanism to check violations.No mechanism was provided in the 1991 Notification with regard to the pollutionv.

 

The 1991 Notification rather harassed the various communities living in the said locality of the sensitive coastal areas. These local communities includecommunities like that of slum dwellers and poor persons living in areas of Mumbai, Kerala, Goa and other traditional coastal inhabitantsvi.

 

The Coastal Regulation Zone Notification of 1991 has been amendedon many occasions. In addition to this, there are also several office orders made for clarifying certain provisions issued by Ministry of Environment and Forestsvii.

 

1.3 Developments after 2011

 

The 2011 Notification extends the scope to further include within the CRZ,the territorial waters. For the protection of marine and coastal areas of the Islands of Andaman & Nicobar and Lakshadweep, a required separate draft Zone Notification has been issued under the Environment (Protection) Act, 1986viii. The 2011 Notification provides for ‘Hazard line’ to project fragile marine and coastal areas in order to preserve communities, their resources and coastal infrastructure.

 

The 2011 Notification concerning CRZ, a procedure has been provided for obtaining approval for development projects falling within CRZ. Further the Notification provides for the post clearance monitoring and enforcement mechanism.

 

There is also an introduction of the concepts like ‘Areas requiring Special Consideration’ which provides for the protection of the most affected marine and coastal environments in the areas of Goa, Kerala, Greater Mumbai and Sunderban (Extremely vulnerable Coastal Areas). The Notification further provides for the guidelines for States to prepare Coastal Management Plans.

 

As mentioned in the 1991 Notification, the CRZ area was classified as follows:

  1. Coastal Regulation Zone-I (CRZ-I): the areas that are Ecological Sensitive,
  2. Coastal Regulation Zone–II (CRZ-II): also known as Built-up Area (Built up towns and cities),
  3. Coastal Regulation Zone-III (CRZ-III): provides for Rural area and
  4. Coastal Regulation Zone –IV (CRZ-IV): deals with Water area (Twelve Nautical Miles into the sea).

The Notification of 2011 has retained the above mentioned classification as such with a change that is the CRZ-IVnow includes the water areas up to the territorial waters and the tidal influenced water bodiesix.

 

2.1 Coastal Areas coming within the Coastal Regulation Zone Category I

 

The 2011 Coastal Regulation Zone Notification, points the coastal areas that are falling withinthe jurisdiction of the so called 1st category i.e. CRZ-I. According to the notification CRZ-I includes:-

 

Ecologically sensitive areas, mangrovesx, corals and coral reefs, sand dunes, biologically active mudflats. Further CRZ-I area includes the area like Reserve forests, National parks, sanctuaries, marine parks, along with wildlife habitats – other areas that are protected especially under the Forest (Conservation) Act, 1980, the Wild Life (Protection) Act, 1972, the Environment (Protection) Act, 1986. Further nesting grounds of birds, horse shoe crabs habitats, sea grass beds, salt marshes, turtle nesting grounds, fall within the category one i.e. CRZ-I. Last but not the least comes within CRZ-I, the structures (heritage sites) and areas of archaeological importance.

 

2.2 Activities Permissible in Coastal Regulation Zone Category I

 

No new construction is to be permitted in CRZ-I except thefacilities that are very much requiredfor sustainable development as the Department of Atomic Energy projects, pipelines, for monitoring of cyclones movement Installation of weather radarwithout affecting the flow of water between LTL and HTL -to construct trans-harbour sea link and roads.

 

Further the development of green field airport permitted at Navi Mumbai is coming within CRZ-I. In the areas that are not vulnerable, the activities as next mentioned can be permitted for providing the needs of local communities. Therefore the activities as – exploration of natural gas, extraction of natural gas, construction of schools,toilets for the benefit of communities, dispensaries for helping and providing treatment to the people of local communities, shelters from rain, roads, bridges – can be allowed. Further to provide water supply, drainage, sewerage disposal facilities to local communities.Harvesting of salt from the sea water by evaporating water by sun rays and heat, desalination plants, storage of (non-hazardous) cargo such as food grain,edible oil and fertilizers within notified ports are certain other activities that are permissible in the areas that are not ecologically sensitive.

 

2.3 Coastal Areas coming within the Coastal Regulation Zone Category II

 

CRZ-II, as defined in the Notification, are the areas which are developed up to or close to the shoreline and falling within municipal limits.

 

2.3 Activities Permissible in Coastal Regulation Zone Category II

 

Buildings are allowed to be constructed only on the landward side of the existing road. Buildings permitted shall be subject to the ‘existing’ norms of Floor Space Index or Floor Area Ratio. Buildings are permitted but such construction shall be in consonance of the existing local town and country planning regulations including. If there is a question in regard to the reconstruction of authorized building in the permitted areas, it is further subject to the norms to reconstruct without change in present use. Further it is subject to the existing Floor Space Index or Floor Area Ratio.

 

The activities like the facilities for receiving and storing liquefied natural gas and petroleum products, desalination plants, storage of non-hazardous cargo, such as food grains, edible oil, fertilizers etc. in notified ports or the relevant facilities can also be permitted in CRZ-II.

 

2.5 Coastal Areas coming within the Coastal Regulation Zone Category III

 

The areas that do not come under either in Coastal Regulation Zone Category I or Coastal Regulation Zone Category II and the urban areas and rural areas not substantially developed come within the third category i.e. Coastal Regulation Zone Category III. These areas are comparatively undisturbed.

 

The permissible activities that were forwarded by the 1991 Notification are further enlisted in the Notification of 2011. A “No Development Zone”has been provided by the 2011 Notification where any construction cannot be permitted is between 0-200 metres from HTL. Only certain activities are permissible in the aforesaid areas. These activities include degasification of petroleum productsand liquefied natural gas, manufacturing of salt from seawater,rare minerals mining, agriculture, horticulture, play field, gardens, pasture, parks, forestry, other public facilities,facilities relating to the generating power by non-conventional energy sources, Department of Atomic Energy’s projects.

 

Between 200-500 metres of HTL, desalination plants, storage of cargo that is non-hazardous, projects dealing with tourism like Navi Mumbai green field airport, degasification of petroleum products and liquefied natural gas, construction and repair of houses of local communities etc. are permissible.

 

2.6 Coastal Areas coming within the Coastal Regulation Zone category IV

 

The sea area from LTL upto territorial limits is classified as Coastal Regulation Zone category IV.

Further this area includes the area of the tidal influenced water body.

 

In Coastal Regulation Zone category IV areas, there is as such no limitation on the activities undertaken by the local communities particularly activities like the traditional fishing. However, no effluents or solid waste and untreated sewage, shall be dumped inthe areas falling in CRZ-IV category. It is required to prepare,from the date of issue of this Notification, a comprehensive plan forsewage treatmentwithin a periodof one year. Further it is required to properly and efficiently implement the plan within two years thereafterxi.

  1. Clearance Procedurexii

The procedure for obtaining CRZ clearance was missing in the Notification of 1991. However, a definite procedure for obtaining such clearancehas been provided in the Notification of 2011. This procedure provided under the 2011 Notification is as under:

 

The proposal shall be submitted to the concerned State Coastal Zone Management Authority along with the relevant documents and required reports like Form-1 (Annexure-IV of the Notification), a detailed Environment Impact Assessment (EIA) and studies inclusive of port and foreshore requirements as per the Ministry of Environment and Forest guidelines, Disaster Management Report and Risk Management Report, CRZ map (normally the Coastal Regulation Zone Map indicates a 7 km radius around the project site. TheCoastal Regulation Zone Map is required to indicate the Coastal Regulation Zone categories i.e. category I, category II, category III and category IV areas. Further from the concerned Pollution Control Boards or committees a mandatory NOCi.e. no objection certificate is required.

 

The documents above mentioned are to be examined by the concerned Coastal Zone Management Authorities in consonance with the approved regulations/Notification/rules. The Coastal Zone Management Authorities who have examined the documents,are supposed to give suggestion/recommendations within a period of sixty days from date of receiving the above documents to the Ministry of Environment and Forests/State Government. After this, within a time period of sixty days as suggested by the Notification, the Ministry of Environment and Forests/State Government are required to see the projects based on the recommendations. This is mandatory as required by the notification.

 

3.1 Post-clearance Monitoring Mechanism

 

The following post clearance mechanism starts ifthe clearance as aforementioned has been accorded to projects:

  1. On 1st June and 31st December of each year, it has been made mandatory by the Notification to submit half-yearly compliance reports in hard as well in soft copies to the regulatory authority that is concerned in the matter.
  2. As per the Notification, the reports concerning compliance after they are submitted are public documents.
  3. If an application is made to the concerned regulatory authority for obtaining the copy of the report by any person, the said Copy of the report is to be provided by the regulatory authority.
  4. Further it is made mandatory on the part of the authority that is concerned to display the latest report concerning compliance on the official website. Further from the date of issue of clearance such report shall be valid for the period of five years.

 3.2 Enforcement Mechanism

 

There is much difference in the Coastal Regulation Zone Notification, 1991 and the Notification of 2011. The major drawback of the 1991 Notification is the non-mentioning of the enforcement mechanism. This can also be cited as the foremost reason for the violations as to why the said Notification was not properly implanted or enforced. But this is not the picture after the 2011 CZR Notification. If there are any violationsxiii, the said Notification of 2011provides the time within which actions are required to be taken. The institutions as Coastal Zone Management Authorities (at the local/State level) and the National Coastal Zone Management Authority,(at the national level)have been strengthened. Further there is enhancement of the capacities of these institutions. MoEFis further responsible for effectively enforcing the Notification.

 

3.3 Mehdad& others v. Ministry of Environment, Forests & Climate Change & Others

 

Recently the National Green Tribunal observed in the case of Mehdad & others v. Ministry of Environment, Forests & Climate Change & Othersxiv that in spite of the lapse of six years the States are in fact not coordinating with each other. It was further observed by the NGT that there is lack of coordination among States which is evident by the fact that the hazardous line has not yet been fixed. The MoEF has been ordered and directed by the National Green Tribunal to convene a meet, within a period of two weeks, of all the Principal Secretaries of the Coastal States. Further the Ministry is directed to finalize the further course of action concerning the fixation of hazardous line.

 

Conclusion

 

The 1991 Notification provided for the standard regulation for the protection of marine and coastal areas. Special provisions have been inserted in the 2011 Notification, keeping in view the variousdifficulties which the communities living are facing.The Notification has provided for the communities like those residing in the slumsin Mumbai, Kerala, Goa and the communities living in the areas of the Sunderbans.

 

Under the 2011 Notification procedure has been provided for obtaining approval for development projects falling within CRZ. The Notification also provides for the post clearance monitoring and enforcement mechanism.

 

It is further required coordination on the part of all the coastal States. It is the high time when the responsibilities are required to be taken by individuals along with concerned States to protect and preserve the fragile coastal areas. It is the collective effort that can produce the positive results.

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