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Presentation on Implementation of Coastal Regulation Zone Notification dtd.19/2/1991(as amended from time to time). by-Shri D.T. Devale


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Described in detail the multiple challenges of implementing the CRZ regulations. He discussed how a wide gamut of issues such as fishing, industrial pollution, illegal construction and mangrove …

Described in detail the multiple challenges of implementing the CRZ regulations. He discussed how a wide gamut of issues such as fishing, industrial pollution, illegal construction and mangrove destruction were faced and many of which were pending. He concluded by comparing CRZ and Maharashtra state RRZ notification.

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  • 1. Implementation of CoastalImplementation of Coastal Regulation Zone NotificationRegulation Zone Notification dtd.19/2/1991(as amended fromdtd.19/2/1991(as amended from time to time)time to time) Shri D.T. Devale Sr.Law Officer (Policy and Law Division) Maharashtra Pollution Control Board
  • 2. Coastal Regulation AreaCoastal Regulation Area • Coastal stretches of seas, bays, estuaries,Coastal stretches of seas, bays, estuaries, creeks, rivers & backwaters, which arecreeks, rivers & backwaters, which are influenced by tidal action (in theinfluenced by tidal action (in the landward side) upto 500 mtrs. from thelandward side) upto 500 mtrs. from the High Tide Line (HTL) & the landHigh Tide Line (HTL) & the land between the Low Tide Line (LTL) andbetween the Low Tide Line (LTL) and the HTLthe HTL..
  • 3. Cont…Cont… • Notification imposes restrictions on theNotification imposes restrictions on the following development activities :-following development activities :- (i)(i) Setting up and expansion of industries,Setting up and expansion of industries, operations or processes, manufacture oroperations or processes, manufacture or handling or storage or disposal of hazardoushandling or storage or disposal of hazardous substances and setting up / expansion of fishsubstances and setting up / expansion of fish processing units, mechanisam for disposal ofprocessing units, mechanisam for disposal of waste and effluents, dumping of city or townwaste and effluents, dumping of city or town waste – to be examined by the Maharashtrawaste – to be examined by the Maharashtra Pollution Control Board and Fisheries Deptt.Pollution Control Board and Fisheries Deptt. of Govt.of Maharashtra.of Govt.of Maharashtra.
  • 4. Contd..Contd.. (ii)(ii) Land Reclamation, bunding or disturbing theLand Reclamation, bunding or disturbing the natural course of sea water, mining of sand,natural course of sea water, mining of sand, rocks and other sub-strata materials,rocks and other sub-strata materials, harvesting or drawl of ground water andharvesting or drawl of ground water and construction of mechanisms, constructionconstruction of mechanisms, construction activities, dressing or altering of sand dunes,activities, dressing or altering of sand dunes, hills, natural features including landscapehills, natural features including landscape changes etc. – Dist.Collector, Miningchanges etc. – Dist.Collector, Mining Authority, Environment Deptt., Govt.ofAuthority, Environment Deptt., Govt.of Maharahstra and other concernedMaharahstra and other concerned Development Authorities to examine suchDevelopment Authorities to examine such proposals.proposals.
  • 5. Prohibited activitiesProhibited activities • Setting up of new industries and expansion of industries except those directly related to water front or needing foreshore facilities, projects of Deptt. of Atomic Energy, non-polluting industries in the filed of information technology and other service industries in SEZ, facilities for generating power by non- conventional energy resources, construction of air strips etc. in CRZ (i).
  • 6. Contd..Contd.. • Manufacture or handling or storage or disposal of hazardous substances except transfer from ships to port etc. and facilities for receipt & storage of petroleum products and liquefied natural gases specified in Annexure-III. • Fish processing units for modernisation purposes may utilise 25% additional plinth area and hatchery as well as natural fish drying in permitted areas allowed.
  • 7. Contd.Contd. • Mechanisms for disposal of waste and effluents except facilities for discharging treated effluents into water course with the approval under Water (P&CP) Act,1974, storm water drains, treatment of wastes & effluents arising from hotels & beach resorts in CRZ area [excluding CRZ (i)]. • Land reclamation etc. except required for construction or modernisation or expansion of ports, harbours and for other facilities that are essential for activities permissible under the Notification.
  • 8. Contd..Contd.. • Mining of sand etc. except rare minerals not available outside CRZ area and exploration and extraction of oil and natural gas. • Harvesting for drawal of ground water permitted where no other source of water is available and done manually through ordinary wells or hand pumps for drinking & domestic purposes. • Construction activities except in CRZ (i) as specified in Annexure-I.
  • 9. Permissible ActivitiesPermissible Activities • All other activities except prohibited activities will be regulated as under : (i) If, it requires water front or foreshore facilities, clearance can be given for such activity within CRZ. (ii) MCZMA takes into consideration NOC / Letter of Intent given by the Maharashtra Maritime Board while considering projects requiring such water front or foreshore facilities.
  • 10. Contd…Contd… (iii)Following activities require environmental clearance from MoEF, GoI a. Construction related to projects of Deptt. of Atomic Energy or defense requirement for which foreshore facilities are essential (such as slip ways, jetties, wharves, quays etc.). b. Operational constructions for Ports & Harbours and lighthouses as well as other constructions related thereto.
  • 11. Contd.Contd. c. Exploration and extraction of oil and natural gas and all associated activities thereto. c. Thermal Power Plants (only for foreshore facilities) for transport of raw materials for intake of cooling water and outfall for discharge of treated waste water. c. Housing schemes as specified in CRZ area.
  • 12. Contd.Contd. f. Mining of rare minerals. g. Specified activities / facilities in SEZ subject to approvals by Govt. of India. h. Facilities for generating power by non- conventional energy sources, desalination plants and weather radars. i. Demolition or reconstruction of archeological or historical buildings, heritage buildings and buildings under public use.
  • 13. Contd.Contd. j. All other activities with investment of Rs.5 crores or more (less than Rs.5 crores shall be regulated by the concerned State Authorities in accordance with provisions of Annexure-I.
  • 14. CRZ ClassificationCRZ Classification • CRZ-I -: Ecological sensitive and important such as National Parks, Sanctuaries, Marine parks, Reserved forests, Wild life habitat, mangroves, corals, coral reefs, areas closed to breeding grounds of fish and other marine life etc. and areas between LTL & HTL. • CRZ-II -: Which is already developed upto or close to shore line, substantially built up and provided with drainage & approach road as well as other infrastructure facilities such water supply and sewerage mains for eg.area in BMRDA excluding CRZ-I area.
  • 15. Contd.Contd. • CRZ-III -: Which are relatively undisturbed and not belong to CRZ-I or CRZ-II. It mainly include coastal zone in rural areas (developed & undeveloped) for eg.: Ratnagiri, Raigad etc. • CRZ-IV -: Coastal stretches in Andman & Nikobar, Lakshdweep etc.
  • 16. Implementation of CRZ NotificationImplementation of CRZ Notification.. • The development activities in CRZ area to be regulated as per provisions given in the Notification in respect of CRZ-I, II or III separately. A copy of CRZ Notification, 1991 (as amended from time to time) enclosed (Annexure-‘A’) • Central Govt. constituted the State Coastal Zone Management Authority (MCZMA) for regulating permissible activities and to take action in respect of violations. MCZMA established in 1998 and reconstituted from time to time. A copy of latest reconstitution order is enclosed for perusal (Annexure - ‘B’)
  • 17. Contd..Contd.. • MoEF, GoI issued G.R. dtd.27/9/1997 in respect of Coastal Zone Management Plan (CZMP) for the State of Maharashtra and communicated general conditions to be followed in respect of implementation of Notification. A copy of G.R. dtd.27/9/1997 is enclosed (Annexure‘C’). • Since, CZMP prepared at a scale 1:25,000, it becomes necessary to make demarcation of HTL and LTL with CRZ boundaries in respect of the projects to be considered by the MCZMA, MoEF, GoI and NCZMA. MoEF, GoI identified and authorised 7 agencies to make demarcation with reference to HTL & LTL and Coastal environment. A copy of such letter authorising 7 agencies is enclosed ( Annexure ‘D’).
  • 18. Contd..Contd.. • One Public Interest Litigation is filed by Bombay Environment Action Group V/s Union of India & Ors. bearing PIL No.3246/2004 for protection of mangroves in the State of Maharashtra. Hon’ble High Court passed various orders in this petition. Important orders are enclosed for kind perusal (Annexure ‘E’ collectively).