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CRZ Coastal and Marine Areas Notifications

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CRZ Coastal and Marine Areas Notifications

CRZ Coastal and Marine Areas Notifications

Unit-IX

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CRZ Coastal and Marine Areas Notifications CRZ Coastal and Marine Areas Notifications Presentation Transcript

  • CRZ Coastal and Marine Areas Notifications Unit-IX
  • Syllabus Notifications : • CRZ coastal and marine areas, Coastal management zones, set back line. Norms pertaining to civil aviation for buildings under funnel.
  • Coastal Regulation Zone Act As populations in coastal areas increase and the economic activity diversifies, all the impacts on coastal environment are bound to worsen threatening survival several species, productivity of the biota, and render fishing an unsustainable proposition. It is, therefore, clear that unless governments and resource users take appropriate action, the degradation of the coastal and marine environment will become uncontrollable and there will be no possibilities for sustainable use of resources from these waters
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act • It includes a commitment of nations to sustainable development of coastal areas and the marine environment under their jurisdiction. It also enjoins states to 'identify marine ecosystems exhibiting high levels of biodiversity and productivity and other critical habitat areas' and 'provide necessary limitations on use in these areas, through inter alia, designation of protected areas.' In particular, it states that the priority should be accorded, as appropriate, to:
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act a) Coral reef ecosystems b) Estuaries c) Temperate and tropical wetlands, including mangroves d) Sea-grass beds and e) Other spawning and nursery areas
  • Coral Reef Ecosystems
  • Estuaries
  • Coastal Regulation Zone Act • The CRZ Act notified by the Ministry of Environment and Forests in 1991 needs to be seen against this background. It declares coastal stretches as CRZ and regulates certain activities within the zone. The provisions of the act are to be implemented by the coastal states and Union Territories. It also envisages the creation of an appropriate authority at the state/UT level to be responsible for enforcement and enactment of these provisions.
  • Coastal Regulation Zone Act
  • Coastal Regulation Zone Act • The act defines the coastal stretches as seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action, in the landward side, up-to 500m from the high tide line (HTL) and the land between the Low Tide Line (LTL) and HTL or the intertidal zone, as the CRZ. It classifies the CRZ into four categories for regulating the development activities. A short description of these categories is given below.
  • Coastal Regulation Zone
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act • The notification specifies activities that are prohibited or regulated in these categories, with the most stringent regulations applying to CRZ-I. Certain activities are totally prohibited in it, such as the establishment and expansion of existing industries, manufacture/ handling/disposal of hazardous substances, dumping of wastes, land reclamation and embankment building, dumping of industrial wastes, mining of rocks, sands and substrata.
  • Coastal Regulation Zone Act
  • Coastal Regulation Zone Act • Harvesting of ground water within 200m is also disallowed. Between 200m and 500m, only manual withdrawal of ground water for purposes of drinking, horticulture, agriculture and fisheries is permitted. It is to be noted that, tourist sector, however, has been allowed to tap ground water in the zone with the concurrence of the Central/Sate Ground Water Boards.
  • Coastal Regulation Zone Act • The notification permits a large set of activities subject to environmental clearance from the Ministry of Environment and Forests. • Water front and foreshore activities, development work relating needs of expanding defense facilities, etc., are possible. • The notification is an attempt to prevent uncontrolled and environmentally unsound development on the coast. It is an attempt to provide a legal framework for the protection of the coastal environment, in the background of the concerns expressed in the convention on biodiversity.
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act CRZ-I • Ecologically sensitive areas (national/ marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historical/heritage, areas rich in genetic diversity. • Those falling between HTL and LTL. c. Those areas likely to be inundated due to sea level rise due to global warming and such other areas as may be declared by the concerned authority (Central/State/UT).
  • Coastal Regulation Zone
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act CRZ-II Areas that are already developed up to and close to the shoreline. For this purpose, "developed area" is that which falls within the municipal limits or in other legally designated urban areas which is already substantially built up and which have been provided with drainage and approach roads and other infrastructure.
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act CRZ-III Relatively undisturbed areas that do not belong to either I or II. This will include coastal zone in rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas which are not substantially built up.
  • Coastal Regulation Zone Act CRZ-IV Coastal stretches in Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, II, or III
  • Coastal Regulation Zone Act • It is quite evident that the notification is only a preliminary step in this direction and not a comprehensive legislation. Its aims are rather limited, confined to regulating certain acts in a narrow, geographically defined, strip of the coast. In particular, it does not recognize the intimate links between aquatic and landward sides of the shoreline.
  • Coastal Regulation Zone Act • Its most glaring drawback is the complete absence of a seaward component in the definition of the CRZ. A major drawback of the CRZ Notification is that while its provisions are supposed to apply to 'coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action' and several other ecologically sensitive areas along the coast, the actual protection zone defined by it covers only an extremely narrow strip of the shoreline
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act • As evident from several discussions on the issue, the regulatory authority proposed to be set up does not make any provision for representation of the stakeholder and the public. There are no provisions for either public hearings or information disclosures. It is thus a continuation of the existing environmental protection acts and does not contain any new progressive elements. This is despite the Panchayati Raj Act and the concept of joint ecological management that is replacing the approach of managing from above.
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act • Careful reading of the act shows that the communities traditionally dependent on the coast for their livelihood, who in most cases have lived in harmony with the coastal environment have little to lose by the stringent implementation of the act. In fact, they stand to gain a lot. The development pressures which threaten their livelihood would be inhibited by the act. The act will help to rejuvenate the coastal ecology in several ways. It can lead to substantial improvement in the quality of coastal habitats.
  • Coastal Regulation Zone
  • Coastal Regulation Zone
  • Coastal Regulation Zone Act • Further, if the state and local authorities are committed to the protection of environment and are not misled by the environmentally and socially irresponsible noises made primarily from the industry (in its broadest sense), there are possibilities of embarking on new forms of development with community participation. Restoration of coastal ecology, such as restoring mangrove vegetation, safeguarding habitats for migratory birds and other animals, could form part of such initiatives.
  • Restoration of Coastal Ecology
  • Coastal Regulation Zone Act • The CRZ and CZM is not just a matter of zoning and regulating development on the shore, but are one part of a strategy for coastal biodiversity conservation and ecologically balanced sustainable development of the coastal areas. The threats to ecology of coastal waters, affecting not merely the marine biota, but also that of sustaining an important food source for human communities is at the heart of CRZ and CZM.
  • Sustaining an important food source for Human Communities
  • Coastal Regulation Zone Act • India‟s coastline and its near shore marine environment are increasingly being pressurised by multiple uses and exploitation interests. Such pressures are increasing at a fast pace due to India’s rapidly growing economy and the widespread use of advancing technologies in traditional industries such as fisheries or mining. Prima facie, development interests seem to be guiding current regulatory approaches and in many cases these interests are prioritised over environmental conservation needs.
  • India‟s coastline
  • INDIA‟S COASTAL USES AND COASTAL CONFLICTS • India has a long coastline of 7517 km, which leaves it with an Exclusive Economic Zone (EEZ) of approximately 2.02 million sq. km.2 Its coastal areas have a rich biodiversity both on land and under the sea, and include estuaries, lagoons, mangroves, backwaters, salt marshes, rocky coasts, sandy beaches and coral reefs. These diverse coastal ecosystems, however, are exposed to increasing pressures. The following section will give a brief overview of recent developments in this regard.
  • India‟s Coastal Uses
  • Anthropogenic Pressures • Human activities along India‟s coastal areas have impacted and in some areas heavily damaged coastal and marine ecosystems. There are a plethora of scientific studies are there with respect to the increasingly harmful impacts of human activity on India’s marine environment.
  • Anthropogenic Pressures
  • Anthropogenic Pressures • The first pressure is „Population density and urbanisation‟. Most of India‟s coastal regions are low lying and densely populated. The nine coastal states of India have a combined population of about 440 million people out of which 330 million people live within 150 km of the coast. These numbers are expected to rise rapidly. Resource rich coastal land is a huge draw, not only for people, but also for the related dense infrastructure necessities such as dwelling structures, road and rail transport, production and service industries, port facilities, petroleum industries and refineries, among others.
  • Anthropogenic Pressures
  • Anthropogenic Pressures • The second pressure is identified as „Intensive aquaculture and agriculture‟. In the 1960s, high yielding varieties of crops, which were highly responsive to fertilizers, pesticides, and new irrigation techniques, were introduced to India’s agriculture (so called „Green Revolution‟). At present, many of the intensive agricultural activities pose substantial threats of eutrophication and pollution of marine waters. In addition, according to a FAO report of 2005, the aquaculture industry in India has seen enormous growth over the last two decades. One of the major consequences of the intensive shrimp farming industry in India, for instance, has been the destruction of mangrove forests along the coast.
  • Aquaculture
  • Anthropogenic Pressures • „Industrial activities‟ remain one of the major competitors for the use of coastal areas. According to TERI researchers, the major advantages of the coastal location for industries are transportation, water use, and waste disposal. Adverse effects of industrial activities include decreasing ground water quality and quantity, as well as land cover changes, including change in coastal biodiversity
  • „Industrial Activities‟
  • Anthropogenic Pressures • „Shipping and port activities‟ also contribute to pressurising coastal and marine areas. According to the Government of India, approximately 90 per cent of the country‟s trade by volume (70 per cent in terms of value) is moved by sea. In addition, the Indian maritime sector also provides a variety of other services, such as cargo handling services, shipbuilding and ship repairing, freight forwarding, lighthouse facilities, etc.
  • „Shipping and port activities‟
  • Anthropogenic Pressures • The fifth major pressure is summarised as „Density of tourist infrastructure‟. In 2006 alone, international tourist arrivals in Southern Asia grew by 10 per cent and India was responsible for half of those arrivals. More pertinently, 50 per cent of all tourists to India visit the coastal areas
  • Density of Tourist Infrastructure
  • Anthropogenic Pressures • Additional challenges on India‟s coasts are also increasingly imposed by climate change. A recent report released by the Indian Network for Climate Change Assessment estimated that annual temperatures in the 2030s (when compared to the temperatures of the 1970s) will rise between 1.7 – 2.2 C, with extreme temperatures increasing by up to 4 C, with the maximum increase in the coastal regions.
  • Overview of Conflicts Arising from Increasing Pressures on India‟s Coasts • As human activity escalates on India’s coastline, several conflicts arise due to the abovementioned competing pressures. For instance: • Coastal forests are threatened by competing natural resource demands for human consumption and for urban infrastructure development. Conflicts arise between smaller, more traditional fishing interests and larger, more industrial fishing interests over the areas in which fishing is permitted, as well as the size of the fishing quota in those areas.
  • Pressures on India‟s Coasts
  • Overview of Conflicts Arising from Increasing Pressures on India‟s Coasts • „Traditional usage‟ conflicts with „development‟ among people residing in coastal areas. • Interest in economic growth conflicts with the increasing inability to accept the pollution caused by the industries that are driving current growth. Such conflicts leave experts, policymakers and lawmakers with the challenge to strike a balance between development interests and conservation needs.
  • Legislative Order Governing India‟s Marine And Coastal Environment • Activities affecting India’s coastal ecosystems are governed by a broad set of legislative instruments and institutions. For example, legislation on freshwater, waste management, the protection of biodiversity, ports, shipping, fisheries, and military uses all affect the wellbeing of coastal and marine ecosystems.
  • Legislative Order Governing India‟s Marine And Coastal Environment
  • Legislative Order Governing India‟s Marine And Coastal Environment • Constitutional Competence Order in the Area of Marine and Coastal Legislation • The Constitution of India is the Supreme Law of the land and every power (executive, legislative or judicial) whether it belongs to the federation or component States is subordinate to and directed by the Constitution. The Indian Constitution empowers the Union Parliament and the state legislatures to enact and implement laws relating to activities under their domain.
  • Legislative Order Governing India‟s Marine And Coastal Environment • With regard to governing marine and coastal areas, the Union list comprises International treaties, agreements and Conventions Shipping and navigation on inland water ways (national waterways). • Maritime shipping and navigation, including shipping and navigation on tidal waters • Major ports and port authorities
  • Legislative Order Governing India‟s Marine And Coastal Environment
  • Legislative Order Governing India‟s Marine And Coastal Environment • Regulation and development of inter-state rivers and river valleys • Fishing and fisheries beyond territorial waters • The State list of the Seventh Schedule comprises: • Fisheries within territorial waters • The Concurrent list of the Seventh Schedule comprises: • Shipping and navigation on inland water ways • Minor and Private Ports
  • Legislative Order Governing India‟s Marine And Coastal Environment
  • Laws Governing Coastal Activities • The distribution of the executive powers between the Centre and individual States largely resembles legislative powers concerning the subjects in the Union and State lists. However, with respect to the subjects in the Concurrent list, the executive function ordinarily remains with the States, but it is up to the discretion of the Central Government to take up the administration of the laws relating to any subject in the Concurrent list. The Central Government ensures that states are in compliance with the Union laws.
  • Laws Governing Coastal Activities • Next to the CRZ Notification, 2011 the following laws are particularly relevant for the management of India‟s coasts in the areas of environmental protection, shipping, agriculture, and defence. Such laws include, for example, the • Forest (Conservation) Act, 1980 • Water (Prevention & Control of Pollution) Act, 1974
  • Laws Governing Coastal Activities • Hazardous Waste Management & Handling Rules, 1989 • Environmental Impact Assessment Notification, 1994 • Environment (Protection) Act, 1986 • Indian Wildlife (Protection) Act, 1972 • Biological Diversity Act, 2002. • Indian Ports Act, 1908. • Deep Sea Fishing Policy, 1991. • Indian Fisheries Act, 1987. • Coast Guard Act, 1978. • Maritime Zones (Regulation) of Fishing by Foreign Vessels) Act, 1981
  • Marine Protection And Coastal Management • Among the above mentioned laws and policies, the CRZ Notification is the only law that has been specifically established to control and regulate growth and development of different activities along India‟s coasts. Recently, it has also taken into account the near shore marine environment up to 12 nautical miles. Accordingly, it could be argued that the CRZ Notification is an indicator of how far India has moved towards an integrated coastal zone and marine management.
  • Marine Protection And Coastal Management • Under the Environment (Protection) Act, the MoEF issued the Coastal Regulation Zone Notification 1991 (CRZ 1991 or 1991 Notification) for the protection of the coastal areas. The regulatory approach of the CRZ 1991 was rather simplistic: it was aimed primarily at permitting only those activities that are absolutely dependent on being located in the coastal environment and to keep out the rest.
  • Marine Protection And Coastal Management • Accordingly, various activities were restricted, while others were permitted but subjected to specific obligations and conditions. In addition, the entire Coastal Regulation Zone was classified into different zones, i.e., CRZ-I, CRZ-II, CRZ-III and CRZ-IV based on ecological considerations and the extent of the development of human settlement (urban or rural). The zones differed with regard to which activities would be allowed within their geographical scope.
  • Marine Protection And Coastal Management • Under the 1991 Notification, the responsibility for implementation was primarily assigned to the State Governments. The 1991 Notification stated that the respective coastal State Government should identify, classify, and record all the CRZ areas in the State Coastal Zone Management Plans (SCZMP) and have them approved by the MoEF
  • Marine Protection And Coastal Management • Throughout the following years, however, it became obvious that the CRZ 1991 faced severe implementation deficits. Some of these challenges were due to various factors: • The notification stipulated uniform regulations even for unique and ecologically sensitive areas such as the islands of Andaman and Nicobar. • There were no appropriate clearance procedures for high-impact activities around the coast
  • Marine Protection And Coastal Management
  • Marine Protection And Coastal Management • There was a lack of monitoring mechanisms and enforcement mechanisms to check violations. • Pollution from land-based activities was not taken into account. • Interests of traditional coastal communities living in ecologically sensitive areas were not taken into account. Frequent amendments to the law (25 times in 19 years).
  • Marine Protection And Coastal Management
  • Marine Protection And Coastal Management • Particularly many amendments of the CRZ 1991 are indicative of the fact that the MoEF has been constantly attempting to (re)balance the evolving and increasing use and conservation conflicts in coastal areas.
  • Marine Protection And Coastal Management • The biggest problem, however, was that the existence of the CRZ Notification was almost completely ignored by the State Government‟s authorities responsible for implementation. This particularly came to light through a proceeding before the Indian Supreme Court, Indian Council for Enviro- Legal Action v. Union of India.
  • Marine Protection And Coastal Management • The Union of India in this case responded that they had experienced practical difficulties in implementing the Notification. The Supreme Court in its judgment concluded that „Even though, laws have been passed for the protection of environment, the enforcement of the same has been tardy, to say the least. With the governmental authorities not showing any concern with the enforcement of the said Acts, and with the development taking place for personal gains at the expense of environment and with disregard of the mandatory provisions of law….‟. The Supreme Court eventually called for proper and detailed implementation of the law
  • Marine Protection And Coastal Management • Another landmark decision that drew attention to the lack of implementation was the PIL, S. Jagannath v. Union of India. In this case the petitioner (again, a non-profit organisation) sought the enforcement of the CRZ Notification, 1991 before the Supreme Court of India. The petitioner argued that intensive and semi-intensive shrimp farming in the ecologically fragile coastal areas must be prohibited.
  • Marine Protection And Coastal Management • The Court held in favour of the petitioner that shrimp farms do not need waterfront facilities. Further, the Court observed that the purpose of the CRZ Notification is to protect the fragile coastal areas, and those activities that cause environmental degradation cannot be permitted.
  • Marine Protection And Coastal Management
  • Marine Protection And Coastal Management • In the aftermath of these decisions, the National Coastal Zone Authority (NCZMA) and State Coastal Zone Authorities (SCZMA) were set up in order to administer and implement the CRZ Notification. As will be shown below, several steps have been taken under the CRZ Notification, 2011 to improve monitoring, control, and enforcement, as well as to increase transparency.
  • Development of the Coastal Regulation Zone Notification 2011 • It extends the scope of the Notification to include territorial waters within the CRZ. • The islands of Andaman and Nicobar and Lakshadweep, owing to the unique and ecologically sensitive nature of their environment, and the marine areas surrounding these islands up to their territorial limits have been separately covered under the purview of the Island Protection Zone Notification. • The Notification introduces the concept of a „hazard line‟ that would be demarcated by the MoEF.
  • Development of the Coastal Regulation Zone Notification 2011
  • Development of the Coastal Regulation Zone Notification 2011 • Natural disasters such as tsunamis and floods cause major devastation in the coastal zone; the main purpose of defining a hazard line is to indicate threatened areas and thus to protect the life and property of the coastal communities as well as the coastal infrastructure. Accordingly, the guidelines for the preparation of Coastal Zone Management Plans suggest that, „no developmental activities other than those listed above shall be permitted in the areas between the hazard line and 500 m or 100 m or width of the creek on the landward side‟.
  • Tsunamis and Floods
  • Development of the Coastal Regulation Zone Notification 2011 • The CRZ 2011 lays down a detailed procedure for obtaining approval for developmental projects falling within the limits of the Coastal Regulation Zone. • Moreover, post clearance monitoring and enforcement mechanisms have been established.
  • Development of the Coastal Regulation Zone Notification 2011 • A new category called „areas requiring special consideration‟ has been introduced in the 2011 Notification. Its purpose is to provide a special regime for the most critical coastal environments, which consist of • (i) the CRZ areas of Greater Mumbai, Kerala and Goa, and • (ii) the extremely vulnerable coastal areas such as Sunder bans.
  • Development of the Coastal Regulation Zone Notification 2011
  • Structure and Content of the CRZ Notification, 2011 • The main objectives of the CRZ Notification, 2011 as stated by the MoEF are: • a) to ensure livelihood security to the fishing communities and other local communities living in the coastal areas, • b) to conserve and protect coastal stretches, and c) to promote development in a sustainable manner, based on scientific principles and taking into account the dangers of natural hazards in the coastal areas and sea level rise due to global warming.
  • Structure and Content of the CRZ Notification, 2011
  • Structure and Content of the CRZ Notification, 2011 • In principle, the Notification now defines the CRZ. • The land area from the High Tide Line (HTL) to 500 m on the landward side along the waterfront. • The land area between HTL to 100 m on the landward side along the tidal influenced water bodies that are connected to the sea. • Tidal influenced water bodies means seas, bays, estuaries, creeks, backwaters, lagoons, etc. • The land area falling between the ‘hazard line’ and 500 m from HTL on the landward side.
  • Structure and Content of the CRZ Notification, 2011 • The land area falling between the ‘hazard line’ and 500 m from HTL on the landward side. • The land area between HTL and Low Tide Line (LTL) – termed as the intertidal zone. • The water and bed area between the LTL to the territorial water limit (12 nautical miles) in case of sea and water area between the LTL to LTL in case of tidal influenced water bodies.
  • Activities Generally Prohibited in the Coastal Regulation Zone • CRZ Notification, 2011 establishes a general ban on the establishment of large-scale industries and specifically harmful activities in coastal areas. It prohibits, inter alia, the setting up or expansion of new or existing industries, waste disposal and effluent mechanisms, port and harbour projects, land reclamation, as well as the dressing or alteration of sand dunes, hills, and other natural features including landscape change.
  • Activities Generally Prohibited in the Coastal Regulation Zone
  • Activities Generally Permitted Under the CRZ Notification, 2011 • CRZ Notification, 2011 lays down those activities that are generally permitted within the CRZ areas. However, it subjects these activities to prior clearance from the concerned state authority. Activities that are permitted and require clearance include, for example, projects that require waterfront and foreshore facilities, specific housing, construction or operation schemes, (as specified in CER-II to CRZ-IV), as well as various types of projects listed in the CRZ Notification.
  • Activities Generally Permitted Under the CRZ Notification, 2011 • Other large-scale or high impact activities are, in principle, allowed but require clearance from the MoEF. • Activities include, inter alia, construction activities relating to projects of the Department of Atomic Energy or Ministry of Defence, and the laying of pipelines, conveying systems, and transmission lines.
  • Activities Generally Permitted Under the CRZ Notification, 2011 • Other activities include the exploration and extraction of oil and natural gas and all associated activities and facilities, mining of rare minerals, and development of facilities for generating power by non-conventional energy sources, and desalination plants.
  • Activities Generally Permitted Under the CRZ Notification, 2011
  • Permission and Restriction of Activities in the Different CRZ Areas In addition to the general bans and permissions applicable to the entire CRZ, the CRZ Notification, • 2011 adds area-specific regimes. Coastal stretches falling within the scope of the CRZ area can be defined into one of six categories of coastal habitats. • CRZ-I includes the „areas that are ecologically sensitive and the geo-morphological features which play a role in the maintaining the integrity of the coast‟ for example, mangroves, corals and coral reefs and associated biodiversity, sand dunes, etc
  • Permission and Restriction of Activities in the Different CRZ Areas • The 2011 Notification states that : No new construction shall be permitted in CRZ-I except projects relating to the Department of Atomic Energy and other major infrastructure projects such as, for example, pipelines, construction of trans-harbour sea link and roads. Some minor projects such as the exploration and extraction of natural gas, and the construction of dispensaries, schools, public rain shelters, are permitted between the Low Tide Line and High Tide Line in areas which are not ecologically sensitive.
  • Permission and Restriction of Activities in the Different CRZ Areas • CRZ-II includes the areas that have been developed up to or close to the shoreline. „Developed area‟ refers to that area within the existing municipal limits or in other existing legally designated urban areas that are substantially built-up and have been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains. Activities and structures permitted in CRZ-II are, for example, the construction or reconstruction of buildings, facilities for receipt and storage of petroleum products, and notified ports
  • Permission and Restriction of Activities in the Different CRZ Areas • CRZ-III includes those areas that are relatively undisturbed and do not fall under Category I or II. • It also includes rural and urban areas that are not substantially developed. For these areas, the Notification establishes a „No Development Zone‟ within the area up to 200 m from the HTL on the landward side in the case of seafront and 100 m along tidal influenced water bodies or width of the creek, whichever is less. In these areas, no construction shall be permitted except for the repair or However, the construction or reconstruction of dwelling units of traditional coastal communities (including fisher-folk) may also be permitted
  • Permission and Restriction of Activities in the Different CRZ Areas • CRZ-IV includes the water area from the Low Tide Line to twelve nautical miles on the seaward side. It also includes the water area of the tidal influenced water body from the mouth of the water body where it meets the sea up to the influence of the tide. In CRZ- IV areas, activities impugning on the sea and tidal influenced water bodies no untreated sewage, effluents, ballast water, ship washes, as well as solid waste from „all activities‟ shall be let off or dumped. • Coastal towns and cities are required to formulate sewage treatment plans and implement them within a period of one year. Traditional fishing rights of local communities shall not be restricted.
  • Conditions for Clearance and Post Clearance Monitoring • CRZ Notification, the 2011 Notification establishes a specific procedure for obtaining clearance for the various permitted development activities in coastal areas. The Notification specifies that a concerned state or the relevant Union Territory‟s Coastal Zone Management Authorities (CZMA) is in charge of assessing the proposed projects in their respective coastal zones.
  • Conditions for Clearance and Post Clearance Monitoring • Notification requires the proponents to submit, inter alia, the following documents: • Detailed information regarding the physical location, nature, and environmental impact of the activity. • Comprehensive Environmental Impact Assessment (EIA). • Disaster and risk assessment as well as a management plan. • CRZ map that indicates all CRZ-I, II, III and IV and other notified ecologically sensitive areas. • „No Objection Certificates‟ from the concerned State Pollution Control Board.
  • Conditions for Clearance and Post Clearance Monitoring • The concerned authority is required to examine the documents in accordance with the approved CZMP and the CRZ Notification and then make recommendations to the State Government or the MoEF to proceed for the further consideration of the proposed project. The clearance accorded to the projects is valid for five years.
  • Preparation of Coastal Zone Management Plans • The Coastal Regulation Zone Notification envisages preparation of Coastal Zone Management Plans (CZMP) by all the coastal states. These plans guide the regulation of the development of those activities listed in the CRZ Notification. State Governments and Union Territories are required to prepare CZMPs for their respective coastal areas.
  • Preparation of Coastal Zone Management Plans • CRZ Notification, 2011 provides that the CZMPs may be prepared with the help of reputed and experienced scientific institution(s) or agencies, and in consultation with the concerned stakeholders. Each CZMP shall be submitted to the concerned CZMA for appraisal.
  • Preparation of Coastal Zone Management Plans
  • Preparation of Coastal Zone Management Plans • Then the CZMA of the State Government or Union Territory shall submit the draft CZMP to the MoEF along with its recommendations and include suggestions and objections from stakeholders on the CZMP within a period of six months. The MoEF shall thereafter consider and approve the CZMP. All development activities listed in the Notification shall be regulated within the framework of such approved CZMPs.
  • Develop a Culture of Compliance • As stated above, the CRZ Notification has faced serious implementation deficits since its inception in 1991. Some traditional mechanisms that are widely deemed to foster compliance are public participation in the law- making process, transparency in the application process, access to courts for public environmental litigation, and adequate administrative capacities
  • Develop a Culture of Compliance • Accordingly, rights and obligations for individuals or the public laid down in the Notification should have a clear and increasingly comprehensive content which is eventually enforceable in the courts (either by the administrations, private entities or third parties in public interest litigation).
  • Conclusion • The development of the CRZ Notification from 1991 to 2011 basically reflects the demand for a coordinated approach to manage the increasing use and protection interests and requirements in India‟s coastal areas. The 2011 version of the Notification includes many basic concepts and approaches for a good legislative coastal management practice.
  • Conclusion • However, the regulatory approaches are either not fully developed or else are extensively extenuated by broad or unsystematic exception clauses. In order to balance use and conservation interests sustainably, India must develop a clear vision of how its coasts should look, and by whom and by which means and measures this vision should be achieved. In addition, clear and judicially reviewable objectives, rules, indicators, and programmes of measures must be adopted and effectively implemented.
  • Conclusion • Only where there is a clear reference point which is then operationalised by precise and judicially reviewable objectives and measures, other (sectoral) policies may be directed to contribute to an environmentally sound and sustainable coastal management. • Hopefully the adoption of a law by the Parliament in the near future provides the opportunity to improve the CRZ Notification and thus help to prevent coastal degradation.
  • Coastal Areas
  • Norms pertaining to civil aviation for buildings under funnel. • In exercise of the powers conferred by section 9-A of the Aircraft Act, 1934 and in supersession of the notification of the Government of India in the Ministry of Civil Aviation (MoCA) number S.O.84 (E), dated the 14th January, 2010, the Central Government being of opinion that it is necessary and expedient so to do for the safety of aircraft operations
  • Norms pertaining to civil aviation for buildings under funnel.
  • Norms pertaining to civil aviation for buildings under funnel. • Applicability: This order is applicable to all civil and defence aerodromes, listed in Annexures IIIA to IIIE and updated from time to time, through an executive order by Ministry of Civil Aviation (MoCA).
  • Norms pertaining to civil aviation for buildings under funnel
  • Norms pertaining to civil aviation for buildings under funnel. • The term aerodrome includes civil/defence airports, airstrips, heliports, Communication, Navigation and Surveillance (CNS) facilities used for the aeronautical purposes in India.
  • Norms pertaining to civil aviation for buildings under funnel. • No structure shall be constructed/erected or any tree planted/grown on any land within the limits, specified in Annexure I and II of this Notification, of civil and defence aerodromes, without obtaining „No Objection Certificate (NOC) for height clearance • For this purpose, structure includes building, mast, tower, chimney, poles, transmission lines, roads, bridges, rail lines, wind forms and all other man-made structures
  • Norms pertaining to civil aviation for buildings under funnel.
  • Norms pertaining to civil aviation for buildings under funnel. • For the purpose of issuing of No Objection Certificate • The Airports Authority of India (AAI) shall be responsible for issuing the No Objection Certificate on behalf of the Central Govt. in respect of civil aerodromes. • b. The Defence Authorities shall be responsible for issuing No Objection Certificate in respect of Defence Aerodromes
  • Norms pertaining to civil aviation for buildings under funnel. • No structure higher than the limit specified in Annexure I and Annexure II shall be constructed/erected or no tree, which is likely to grow or ordinarily grows higher than the height specified in the said Annexures I and II, shall be planted on any land within a radius of 20 kilometers from the Aerodrome Reference Point (ARP).
  • Norms pertaining to civil aviation for buildings under funnel.
  • Norms pertaining to civil aviation for buildings under funnel. • Structures higher than 150M Above Ground Level (AGL) or 300M above aerodrome elevation, whichever is less, between a distance of 20 KM and 56 KM from ARP of the nearest aerodrome and structures higher than 300M above aerodrome elevation beyond a distance of 56 KM from the nearest aerodrome shall be regarded as an obstacle unless on examination it is established that it does not constitute a hazard to safe and regular aircraft operations and therefore such structures will be subject to NOC.
  • Norms pertaining to civil aviation for buildings under funnel.
  • Norms pertaining to civil aviation for buildings under funnel. • The CCZM will be prepared by the AAI in respect of civil aerodromes which will indicate, through the different colour coded grids, the permissible heights in different areas around the airport. The Local/Municipal Authorities are authorized to approve the construction of the structures, as per their own building regulations/bye laws, only up to the heights in AMSL, (being the top elevation of the building), as permitted in the CCZM
  • Norms pertaining to civil aviation for buildings under funnel. • Five Regional NOC Offices, one each at Delhi/Kolkata/Mumbai/Chennai/ Guwahati and four station level NOC offices, one each at Hyderabad/Bengaluru/ Ahmedabad/Nagpur airports, are set up by AAI which are headed by the Designated Officers. These designated officers are responsible for processing the application and issue of No Objection Certificate for height clearance with respect to the civil airports under their respective jurisdiction.
  • Norms pertaining to civil aviation for buildings under funnel
  • Norms pertaining to civil aviation for buildings under funnel • In exceptional cases, where the Local/Municipal Authorities, at the time of planning or before sale/disposal of the plots, propose to sanction extra FSI/FAR, because of land constraints, rehabilitation of displaced persons/tenants, development of plot for commercial importance etc. which may necessitate height beyond the permissible height as in the CCZM, the Local Authority may apply to Appellate Committee in Ministry of Civil Aviation for seeking extra height for that particular plot.
  • Norms pertaining to civil aviation for buildings under funnel
  • Norms pertaining to civil aviation for buildings under funnel. • For every structure whose • a. proposed height exceeds the permissible top elevation as indicated in the CCZM or • b. site lies in approach and transitional areas of an airport or • c. site lies in areas not covered by CCZM, • an online application for the issue of NOC for height clearance, through “No Objection Certificate Application System (NOCAS)”, accessible on AAI website www.aai.aero, shall be made by the applicant to the Designated Officer of AAI,
  • Norms pertaining to civil aviation for buildings under funnel
  • Norms pertaining to civil aviation for buildings under funnel. • In case the NOC for the requested height is not granted by AAI, as per the provisions of this notification, the applicant may submit an application to concerned Local / Municipal Authority, seeking an appeal to the Appellate Committee in the Ministry of Civil Aviation. Such applications may be scrutinized by the Local/Municipal Authority, and if in their opinion the request for additional height is justified, as per their bye laws, the same may be forwarded to the Chairman, Appellate Committee MoCA, along with its recommendations. The Appellate Committee shall consider the appeal and pass appropriate orders as deemed fit for the disposal of such appeals.
  • Norms pertaining to civil aviation for buildings under funnel.
  • Norms pertaining to civil aviation for buildings under funnel. • It will be the responsibility of the Aerodrome Operator to ensure that the height of the structures and their locations are in accordance with the approved building plans or the NOC issued by AAI. Accordingly, appropriate mechanism, by having proper trained manpower and equipment to verify height of the structures, site elevations and site, shall be developed by the Aerodrome Operators
  • Norms pertaining to civil aviation for buildings under funnel. • In respect of private/ state airports, procedure as described above will be followed by AAI only for such airports for which requests are received from the State Govt. or from private airport operators, as the case may be, for the protection of obstacle limitation surfaces (OLS) at their airports.
  • Norms pertaining to civil aviation for buildings under funnel. • The approved master plan of an aerodrome shall be considered for drawing and protecting the various obstacle limitation surfaces to ensure its future expansion/up- gradation.
  • Norms pertaining to civil aviation for buildings under funnel
  • Norms pertaining to civil aviation for buildings under funnel • In respect of Aerodromes which are required to be constructed or developed where the height of any existing structure or tree etc. on any land within the limits specified in Annexure I and Annexure II, exceeds the height specified in this notification, the owner or the person having control of such structure or tree etc. shall reduce the height thereof within a period of one month from the date of publication of notification in this regard so as not to exceed the specified height.
  • Norms pertaining to civil aviation for buildings under funnel
  • Norms pertaining to civil aviation for buildings under funnel. • Where the owner or the person having control over the structure or tree etc. fails to reduce the height within the permissible limits and within the time period specified in the notification, the State Government Authorities or any other concerned Authority shall be responsible for taking action for removal or reduction of height as the case may be, in respect of such structure or tree etc.
  • Norms pertaining to civil aviation for buildings under funnel.
  • Norms pertaining to civil aviation for buildings under funnel
  • Norms pertaining to civil aviation for buildings under funnel.
  • Norms pertaining to civil aviation for buildings under funnel
  • Norms pertaining to civil aviation for buildings under funnel
  • References • Urbanization Urban Development & Metropolitan Cities in India Dr V. Nath Concept Publications • Law Environment and Development, Journal • INDIA‟S COASTAL REGULATION ZONE NOTIFICATION 2011-TIPPING THE SCALES TOWARDS ENVIRONMENTAL SUSTAINABILITY? • Ministry of Civil Aviation, Notification
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