Presentation on the CRZ 2011: Business as usual? by-Marianne Manuel

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Traditional use of coasts such as fish drying and the immense social and cultural importance of this region for the local fishing communities. Associated industries such as thermal power plants and …

Traditional use of coasts such as fish drying and the immense social and cultural importance of this region for the local fishing communities. Associated industries such as thermal power plants and tourism also pose a threat to the coasts.

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  • 8000 km – including ANI and Lakshadweep 3.57 million fishermen who depend on the coast
  • Shared space
  • 7km seawall – 40 crores – erosion transferred to TN
  • Each TPP comes with a proposed captive jetty or ports to dock ships with imported coal. In Maharashtra, there are 15 proposed coal-fired power projects equaling 25 GW of power and 8 captive ports to be built on a narrow strip of coastal land 50 km wide and 120 km long
  • around 25 amendments along with 4 corrigenda (until 15 th May 2009) were passed by the Ministry of Environment and Forests (MoEF) which introduced new clauses effectively diluting the protective mechanisms set in place by the notification. Each amendment shredded the original protective cloak allowing the entry of new projects on the coast such as projects of the Department of Atomic Energy (read nuclear power plants), elevated roads and sea links, IT industries and service industries, even SEZs, desalination plants and perfunctory extensions to sand mining in the fragile Andaman and Nicobar Islands (ANI). The cloak itself was shorn short when the ‘No Development Zone’ (NDZ) rule in CRZ -III areas (rural areas) in the ANI and the Lakshadweep islands was relaxed
  • CRz 1991 – no construction except dispensaries schools, water supply drainage required for Sunderbans
  • However as the petition filed by the Indian Council for Enviro-legal Action in 1996 shows, the initial drafts were only prepared after a Supreme Court directive in 1995. Even this directive was not fully complied with, as the few plans that were submitted by various States had been rejected by the Central Government. It fell to the Supreme Court to once again direct the States and Union territories in 1996 to submit their revised plans within the new deadline given. Despite this, we still do not have fully-approved CRZ maps as per the provisions of the 1991 notification. This past track record as well as information on the current progress being made on the CZMPs for the CRZ 2011, does not inspire much faith in the States’ ability to meet the CRZ 2011 deadline, namely Jan 2013.

Transcript

  • 1. The CRZ 2011 - business as usual? Marianne Manuel Research Associate Dakshin Foundation 1
  • 2. Dakshin Our Mission To inform and advocate conservation and natural resource management, while promoting and supporting sustainable livelihoods, social development and environmental justice 2
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  • 6. Current Scenario 6
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  • 8. State MoS website Dept. of Shippin g 2007-8 Annual Reprt MES/IC MAM to MoEF/20 09 Current Study 2010 Gujarat 40 42 40 49 Daman and Diu 2 2 2 2 Goa 5 5 5 5 Maharashtra 53 48 53 48 Karanataka 10 10 10 10 Kerala 13 17 13 17 Lakshadweep 10 10 10 10 Tamil Nadu 15 15 14 20 Pondicherry 1 2 1 2 Andhra Pradesh 12 12 12 13 Orissa 2 13 2 14 West Bengal 1 1 1 1 Andaman & Nicobar Islands 23 23 23 22 TOTAL 187 200 186 213 8
  • 9. Name of State Coastline (in Kms) Notified Minor Ports Major Ports Port Density Minor Ports/Km Port Density Total Ports/Km Gujarat 1214.7 49 1 24.8 24.3 Maharashtra 652.6 48 2 13.6 13.1 Daman and Diu 9.5 2 0 4.8 4.8 Goa 151 5 1 30.2 25.2 Karnataka 280 10 1 28.0 25.5 Kerala 569.7 17 1 33.5 31.7 Tamilnadu 906.9 20 3 45.3 39.4 Andhra Pradesh 973.7 13 1 74.9 69.6 Orissa 476.4 14 1 34.0 31.8 West Bengal 157.5 1 1 157.5 78.8 Pondicherry 30.6 2 0 15.3 15.3 Andaman & Nicobar 1962 22 1 89.2 85.3 Lakshadweep 132 10 13.2 13.2 TOTAL 213 13 Full Coastline with Islands 7516.6 35.3 33.3 Mainland Coastline 5422.6 181 30.0 28.1 9
  • 10. Breakwaters obstruct littoral drift Sand depletion Sand accumulation Original shoreline Breakwaters Littoral drift Pondy Citizens’ Action Network – August 2008 10
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  • 14. Legal Mess 14
  • 15. • Environment Protection Act, 1986 - Coastal Regulation Zone Notification,1991 now 2011 - Environment Impact Assessment Notification, 2006 - Ecologically Sensitive Area notifications •Wildlife Protection Act, 1972 •Water (Prevention of Pollution) Act, 1974 •State Marine Fisheries Regulation Acts A few rules... 15
  • 16. History of the CRZ • 1991 – CRZ notification • 1991-2009 – Amendments • 2008 – Draft CMZ Notification • 2010 – Draft CRZ Notification • 2011 – new CRZ Notification 16
  • 17. CRZ 1991: The coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action (in the landward side) upto 500 metres from the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and the HTL. CRZ 2011: •Land area from High Tide Line to 500mts on the landward side along the sea front •The land area between HTL to 100 mts or width of the creek whichever is less on the landward side along the tidal influenced water bodies ...based on salinity concentration of 5 parts per thousand (ppt) measured during the driest period of the year. •The inter-tidal area (LTL-HTL). •The land area falling between the hazard line and 500mts from HTL on the landward side •The water and the bed area between the LTL to the territorial water limit (12 Nm) 18 Areas under the CRZ notification
  • 18. 19 Key differences in CRZ 1991 and 2011 Activity 1991 CRZ 2011 CRZ Industry Setting up of new industries and expansion of existing industries is prohibited, except 1.those directly related to water front or directly needing foreshore facilities Setting up of new industries and expansion of existing industries except - 1.those directly related to waterfront or directly needing foreshore facilities; 2.projects of Department of Atomic Energy; 3.facilities for generating power by non- conventional energy sources and setting up of desalination plants in the areas not classified as CRZ-I(i) based on an impact assessment study including social impacts.; 4.development of green field Airport already permitted only at Navi Mumbai; 5.reconstruction, repair works of dwelling units of local communities including fishers in accordance with local town and country planning regulation
  • 19. CRZ IV – territorial waters Introduction of CRZ V areas - Areas requiring special consideration 1.Greater Mumbai 2.Kerala 3.Goa 4.Critically Vulnerable Coastal Areas - the process of identifying planning, notifying and implementing CVCA shall be detailed in the guideline which will be developed and notified by MoEF in consultations with the stakeholders like the State Government, local coastal communities and fisherfolk and the like inhabiting the area. 20 Key differences in CRZ 1991 and 2011
  • 20. • Hazard line • District Level Committees • Procedural details for obtaining clearances 21 Key differences in CRZ 1991 and 2011
  • 21. 1. Baseline documents - CZMPs, HTL, hazard line 2. EIA Notification 3. CZMAs 4. Action taken on violations 22 Implementation of the CRZ 2011
  • 22. HTL and LTL demarcation – to be carried out by one of the agencies authorised by MoEF based on the recommendations of the National Centre for Sustainable Coastal Management (NCSCM). HTL – to be demarcated within one year, Hazard Line demarcation - SoI Earlier CZMP in operation – Revised and fully approved ? Discharge of untreated waste and effluents from industries, towns and cities is prohibited – Implement schemes to phases this out within two years from Jan 2011. City, town and Industrial waste dumping for the purpose of landfilling to be phased out within one year from Jan 2011. 23 Implementation of the CRZ 2011
  • 23. •The permissions for ports and harbours in eroding stretches ( 3. xiii) •Preparation of Rapid and comprehensive EIAs mandated by this notification (4.2(i)(b,c). •Activities that are governed by the EIA Notification (4. b) require CZMA recommendations but are dependent on that law's implementation processes. The post clearance monitoring and compliance reports are also drawn from the EIA Notification 24 EIA Notification related clauses: Implementation of CRZ
  • 24. 1986-2004: Total projects cleared 4016. 2003: total projects cleared 223 Projects with Monitoring Report: 93. Above 90% compliance: 7 25Implementation of CRZ
  • 25. CZMAs and public participation: 6. (c) the State Government or the Union territory CZMAs shall primarily be responsible for enforcing and monitoring of this notification and to assist in this task, the State Government and the Union territory shall constitute district level Committees under the Chairmanship of the District Magistrate concerned containing atleast three representatives of local traditional coastal communities including from fisherfolk; A comprehensive plan for treatment of seewage generating from the coastal towns and cities to be formulated within aperiod of 1 year in consultation with stakeholders including traditional coastal communities, traditional fisherfolk. (Sec. 8 (iv)) Current status of DCZMAs - ? Public involvement - 4(i)(e) MoEF may under a specific or general order specify projects which require prior public hearing of project affected people. Not been done. 26 CZMAs Implementation of CRZ
  • 26. On 25 January 2011 MoEF issued directions to the CZMAs of all states and UTs to identify all violations to the 1991 notification, and to take necessary action, within a period of eight months. Action taken: CZMAs to upload information about violations identified and the actions taken, on their websites every fortnight. Website information – nil Practical difficulties faced by local groups when trying to identify violations 27 Actions taken on violations Implementation of CRZ
  • 27. Problems with the CRZ notification • Legalised many of the amendments made to the CRZ 1991 – ushering in industrial development and rendering the CRZ in many ways almost meaningless • No finally approved CZMPs and maps under the CRZ 1991, to be referred during the interim period while CZMPs under CRZ 2011 are being prepared (initial date for submission – one year from date of CRZ 1991 notification) • Ambiguity of terms such as ‘traditional coastal community, including fisherfolk’, ‘ traditional fishing and allied activities’, between the CRZ and other laws etc •No consolidated document with amendments, court orders etc. • Near zero implementation, and even less action taken – lack of accountability •Several deadlines already passed – violation mapping, waste management • Multiple interpretations from legal cases and by implementing authority28
  • 28. Demands of coastal community groups / NGOs • Revert to the 1991 notification without its amendments • Take stock and action against all CRZ violations on the coast • Need for a cumulative impact assessment of pressures posed by existing development • Recognise the rights of the fisher communities to manage and monitor coastal spaces – give DLCs defined roles and powers, fisherfolk representation on the SCZMAs and NCZMAs • Create accountability at all levels • Work towards a process to bring in a Coastal Fisherfolk Land Rights Bill 29