Coastal & River Zone Management, Regulations & Development. -Prof. Shyam R. Asolekar

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Detailed background of the 1991 CRZ notification, and how it underwent as many as 25 amendments before the 2011 CRZ notification was passed and a detailed description of CRZ I-IV.

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Coastal & River Zone Management, Regulations & Development. -Prof. Shyam R. Asolekar

  1. 1. Coastal & River Zone Management, Regulations & Development  Prof. Shyam R. Asolekar Centre for Environmental Science and Engineering Indian Institute of Technology Bombay 
  2. 2. Coastal Zone of India
  3. 3. Coastal Zone of India (1/2) • India has a coastline of about 7,500 km • Nearly 250 million people live within a distance of 50 km from the coast • The coastal areas are also the place where natural disasters are also experienced
  4. 4. Source: http://www.lawisgreek.com/tag/coastal-regulation-zone Coastal Zone of India (2/2)
  5. 5. Importance of Coastal Zone
  6. 6. Importance of Coastal Zone (1/2) Coastal environment plays a vital role in nation’s economy by virtue of the resources, productive habitats and rich biodiversity. It provides • Commercial and recreational fisheries • Mass coastal tourism • Community and recreational services • Ports and shipping • Nature and adventure tourism • Non-living Resources in Coastal and Marine Areas • Hydrocarbons • Placers and other Minerals
  7. 7. • Salt and Chemicals • Freshwater • Renewable energy resources • Areas of Scenic/Aesthetic Value and Heritage • Marine Biodiversity • Mangroves • Corals • Sea-grass beds • Coastal Forests and Wildlife Areas • Marine Parks and Sanctuaries • Turtle Nesting Grounds Importance of Coastal Zone (2/2)
  8. 8. Threats to Coastal Zone
  9. 9. Threats to Coastal Zone (1/3) • The Super Cyclone had caused massive destruction along the coast of Orissa in 1999 and its impact was felt several kilometres Inland • The Tsunami, which occurred on 26th December, 2004 was one of the most serious and unexpected natural catastrophes to occur along the Indian coast
  10. 10. Threats to Coastal Area (2/3) • Pressures of development • Recreational and housing activities • Denudation of precious mangrove forests • Large-scale sand mining • Extraction of coral reefs • Dumping of sewage and toxic wastes into the sea
  11. 11. Threats to Coastal Area (3/3) • Gradual and incremental exploitation of the coast over a long time • Till recently, problems more associated with major cities on the coast • Now rapid economic growth—enormous pressure on the coastal space and coastal resources • Pressures from industrialization, port infrastructure, tourism, coastal aquaculture, expansion of urban areas, mining
  12. 12. Coastal Regulation Zone (CRZ) Background
  13. 13. CRZ Background (1/2) • The Prime Minister Smt. Indira Gandhi in 1981, after taking a note of unplanned development in the coastal areas wrote letters to all the coastal States to take adequate measures for protecting the coastal environment • She had proposed in 1981 that no permanent constructions should be undertaken within 500 metres of the high-tide line • As the follow-up of the PM’s directive, the then Department of Environment & Forests initiate preparation of a guideline for protecting the beaches of the country Source: M.S. Swaminathan Committee Report, 2005- “To Review the Coastal regulation Zone Notification, 1991”
  14. 14. CRZ Background (2/2) • However, none of the State/UT Governments took the guidelines seriously since, it had no statutory backing • This suggestion was given legal content by the Ministry of Environment and Forests through the Coastal Regulation Zone Notification dated 19th February, 1991 under the Environment (Protection) Act, 1986 • The Coastal Regulation Zone Notification issued in 1991 was the first major legislation that was aimed at regulating various coastal activities and protecting the coastal environment Source: M.S. Swaminathan Committee Report, 2005 “To Review the Coastal regulation Zone Notification, 1991”
  15. 15. CRZ Notification, 1991
  16. 16. CRZ Notification, 1991 In the exercise of the power conferred by Clause (d) of sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986: The Central Government declared the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which were 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 as Coastal Regulation Zone (Source: MoEF, Govt. of India)
  17. 17. Prohibited Activities of CRZ Notification, 1991 (1/4) Following Activities were Prohibited in the CRZ Notification 1.Setting up of new industries and expansion of existing industries, except those directly related to water front or directly needing foreshore facilities 2.Manufacture or handling or storage or disposal of hazardous substances specified in the Hazardous Waste Management Rules, 1989 3.Setting up and expansion of fish processing units including warehousing (excluding hatchery and natural fish drying in permitted areas)
  18. 18. 4. Setting up and expansion of units/mechanism for disposal of waste and effluents, except facilities required for discharging treated effluents into the water course with approval under the Water (Prevention and Control of Pollution) Act,1974; and except for storm water drains 5. Discharge of untreated wastes and effluents from industries, cities or towns and other human settlements 6. Dumping of city or town waste for the purposes of land filling or otherwise; the existing practice, if any, shall be phased out Prohibited Activities of CRZ Notification, 1991 (2/4)
  19. 19. 7. Dumping of ash or any wastes from thermal power stations 8. Mining of sand, rocks and other substrata materials, except those rare minerals not available outside the CRZ areas 9. Harvesting or withdrawal of ground water and construction of mechanisms therefore within 200 m of HTL 10.In the 200 m to 500 m zone it shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries 11.Construction activities in ecologically sensitive areas as specified in Annexure-I of this Notification Prohibited Activities of CRZ Notification, 1991 (3/4)
  20. 20. 12. Any construction activity between the LTL and HTL except facilities for carrying treated effluents and waste water discharges into the sea, facilities for carrying sea water for cooling purposes, oil, gas and similar pipelines and facilities essential for activities permitted under this Notification 13. Dressing or altering of sand dunes, hills natural features including landscape charges for beautification, recreational and other such purpose, except as permissible under the Notification Prohibited Activities of CRZ Notification, 1991 (4/4)
  21. 21. Classification of India’s Coastal Zone
  22. 22. Classification of India’s Coastal Zone (1/3) Category I (CRZ -I) Ecologically Sensitive & Important a)Ecologically sensitive and important, such as national parks/marine parks, sanctuaries, reserve forests, wild habitats, mangroves, corals/coral reefs, area close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty b)Historical and heritage areas, areas rich in genetic biodiversity, areas likely to be inundated due to rise in sea level consequent upon global warming c)Areas between the Low Tide Line and High Tide Line
  23. 23. Classification of India’s Coastal Zone (2/3) Category II (CRZ -II) Built-up Municipal Areas The areas that have already been developed up to the shoreline For this purpose, developed area is referred to as that area within the municipal limits or in other legally designated urban areas which is already substantially built up and which has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains
  24. 24. Classification of India’s Coastal Zone (3/3) Category III (CRZ -III) Rural Areas Areas that are relatively undisturbed and those, which do not belong to either Category I or II. These will include coastal zone in the areas (developed and undeveloped) and also areas within Municipal limits or in other legally designated urban areas which are not substantially built-up Category IV (CRZ -IV) The Islands of Lakshadweep and Andaman & Nicobar Coastal stretches in the Lakhadweep, Andaman & Nicobar Islands, and small islands, except those designated as CRZ I, CRZ II and CRZ III
  25. 25. Various Committees Constituted by MoEF on CRZ Implementation
  26. 26. Various Committees Constituted by MoEF on CRZ implementation (1/11) Committee Issues Covered Key Recommendation/ Observations Action by MoEF 1. B.B. Vohra Committee (January, 1992) Tourism Reduction of distance of the Non Development Zone (NDZ) in selected coastal stretches for promoting tourism Reduced NDZ area all along tidal water bodies from 100 to 50m (amendment dt.18th August,1994) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  27. 27. Committee Issues Covered Key Recommendation/ Observations Action by MoEF 1. B.B. Vohra Committee (January, 1992) Tourism Public access between two resorts to be 6m Maintaine 20 m distance between two resorts (amendment dt. 8th August, 1994) Various Committees Constituted by MoEF on CRZ implementation (2/11) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  28. 28. Committee Issues Covered Key Recommendation/ Observations Action by MoEF 2. Prof. N.B. Nair Committee (December, 1996) Kerala CRZ Inclusion of census towns and panchayats, which are substantially built up to be declared as urban areas (CRZ-II) None Various Committees Constituted by MoEF on CRZ implementation (3/11) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  29. 29. Committee Issues Covered Key Recommendation/ Observations Action by MoEF 2. Prof. N.B. Nair Committee (Dec, 1996) Kerala CRZ Storage of petroleum products in CRZ area CRZ amended (amendment dated 9th July, 1997) Kerala CRZ Reduction of CRZ to 50m along tidal water bodies in Kerala Not considered Various Committees Constituted by MoEF on CRZ implementation (4/11) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  30. 30. Committee Issues Covered Key Recommendation/ Observations Action by MoEF 3. Fr. Saldanha Committee – I (Dec,1996) Advice on withdrawal of ground water and extraction of sand in A & N Islands Extraction of Ground water by manual method in 50-200m from the HTL for local communities of A & N Islands Permitted (amendment dated 31st January, 1997) Various Committees Constituted by MoEF on CRZ implementation (5/11) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  31. 31. Committee Issues Covered Key Recommendation/ Observations Action by MoEF 3. Fr. Saldanha Committee – I (Dec,1996) Advice on withdrawal of ground water and extraction of sand in A & N Islands Mining of sand in the CRZ area for a short period for 1- 2 years only Permitted mining of sand in the CRZ area, thereafter MoEF has been periodically extending on yearly basis Various Committees Constituted by MoEF on CRZ implementation (6/11) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  32. 32. Committee Issues Covered Key Recommendation/ Observations Action by MoEF 4. Dr. Arcot Ramachan dran Committee (1996) Ocean Regulation Zone-activities need to be included in the seaward side of the coast Inclusion of several activities for prohibition/regulati on in the ocean part of the coastal zone No action taken Various Committees Constituted by MoEF on CRZ implementation (7/11) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  33. 33. Various Committees constituted by MoEF on CRZ implementation (8/11) Committee Issues Covered Key Recommendation/ Observations Action by MoEF 5. Fr. Saldanha Committee - II (June, 1997) - Construction of dwelling units within 200 metres in CRZ-III only for bonafide traditional settlers No amendment after issuing a draft dated 11th January, 2002 Source: www.equitabletourism.org/stage/readfull.php?AID=45
  34. 34. Various Committees constituted by MoEF on CRZ implementation (9/11) Committee Issues Covered Key Recommendation/ Observations Action by MoEF 6. D. M. Sukthanka r Committee - I (May, 2000) Relating to Mumbai and Navi Mumbai Increase in Floor Space Index (FSI) for undertaking slum redevelopment schemes and rehabilitation of dilapidated structures No action on the report since the recommendati ons were not in line with the CRZ Notification Source: www.equitabletourism.org/stage/readfull.php?AID=45
  35. 35. Various Committees constituted by MoEF on CRZ implementation (10/11) Committee Issues Covered Key Recommendation/ Observations Action by MoEF 7. D.M. Sukthankar Committee- II (March, 2000) Examine the issues of coastal zone management in a holistic manner prepare a (NCZP) Coastal zone should be based on risk from erosion and flooding, environmental clearance procedure to be adopted for developmental No action taken National Coastal Zone Policy (NCZP) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  36. 36. Various Committees constituted by MoEF on CRZ implementation (11/11) Committee Issues Covered Key Recommendation/ Observations Action by MoEF 8. Prof. M.S. Swaminat han Committee -II (February, 2005) Review the CRZ Notificatio n and suggest changes to strengthen it Recommended a new coastal management strategy, Integrated Coastal Zone Management Approach, Reclassification of the coastal zone into four Zones The MoEF has proposed to replace the CRZ Notification, 1991 with a Coastal Management Zone Notification (CMZ) Source: www.equitabletourism.org/stage/readfull.php?AID=45
  37. 37. Amendments to the CRZ Notification
  38. 38. Amendments to the CRZ Notification (1/5) • During 1991 and 2009, 25 amendments have been added to the CRZ Notification, 1991 • S.O.595(E), dated 18th August, 1994 – Relaxed Coastal Regulation Zone area to 50 mts along the tidal influenced water bodies (this was based on B. B. Vohra Committees report, The Supreme Court in 1993 invalidated the above amendment • S.O.73(E), dated 31st January, 1997 – Permitted mining of sand and drawal of groundwater in the Coastal Regulation Zone area in Andaman and Nicobar (A&N) • S.O.494(E), dated 9th July, 1997 – Permitted reclamation within port limits, constructions for operation expansion and modernization of ports, Development of public utilities within Sunderbans
  39. 39. • S.O.730(E), dated 4th August, 2000 – Permitted storage of LNG in the inter –tidal area and exploration and extraction of oil and gas in CRZ areas • S.O.329(E), dated 12th April, 2001 – Permitting setting up of projects and Department of Atomic Energy, Pipelines and conveying systems in CRZ areas • S.O.550 (E), dated 21st May, 2002 – Permitted non polluting industries in the field of IT and other service industries in the CRZ area of special economic zones. Housing schemes of State Urban development Authorities initiated prior to 19.2.1991 was also permitted Amendments to the CRZ Notification (2/5)
  40. 40. • S.O.110(E), dated 19th October, 2002 – Permitted non conventional energy facilities, desalination plans, air strips in CRZ of A&N and a Lakshadweep, Storage of non-hazardous cargo such as edible oil, fertilizer and food grain was also permitted • S.O.460(E), dated 22nd April, 2003 – Project costing more than 5 crores requires clearance from Ministry of Environment and Forests • S.O.636(E), dated 30th May, 2003 – Permitted construction of embarkation facilities for Lakshadweep in Coastal Regulation Zone –I areas Amendments to the CRZ Notification (3/5)
  41. 41. • S.O.725(E), dated 24th June, 2003 – Permitted construction of trans -harbour sea links passing through CRZ –I areas • S.O.838(E), dated 24th July, 2003 – Relaxed No Development Zone to 50 mts from 200 mts from HTL in A&N and Lakshadweep for promoting tourism based on Integrated Coastal Zone Management study Amendments to the CRZ Notification (4/5)
  42. 42. • S.O.Nil (E), dated 25th January 2005- The amendment states that in A&N Islands, mining of sand may be permitted for construction purpose on a case to case basis by a Committee constituted by the Lieutenant Governor of the Adman & Nicobar (A&N) Islands consisting of- (1) The Chief Secretary, A & N Administration (2) Secretary, Department of Environment (3) Secretary, Department of Water Resources (4) Secretary, Andaman Public Works Department Amendments to the CRZ Notification (5/5)
  43. 43. Coastal Regulation Zone Notification, 2011
  44. 44. Coastal Regulation Zone Notification, 2011 The Coastal Regulation Zone (CRZ) notification of 1991 has been replaced recently in January, 2011 by the latest CRZ notification of the Ministry of Environment and Forests (MoEF) Apart from codifying the 25 amendments that were made to CRZ notification between 1991- 2009, the CRZ notification (2011) has several new feature (Source: MoEF, CRZ Notification, 2011)
  45. 45. Features of CRZ, 2011 Notification (1/2) 1.It has special provisions for Goa, Kerala, Greater Mumbai and critically vulnerable coastal areas (CVCAs) like - Sunderban mangrove area (West Bengal), Chilka and Bhitarkanika (Orissa), Gulf of Khambat and Gulf of Kutch (Gujarat), Malwan (Maharashtra), Karwar and Kundapur (Karnataka), Vembanad (Kerala), Coringa, East Godavari and Krishna Delta (Andhra Pradesh), Gulf of Mannar (Tamil Nadu) 2.Clear procedures for obtaining CRZ approval with time-lines have been stipulated along with post-clearance monitoring and enforcement mechanisms
  46. 46. Features of CRZ, 2011 Notification (2/2) 3.Water area up to 12 nautical miles in the sea and the entire water area of a tidal water body such as creek, river, estuary etc., would now be included in the CRZ areas, without imposing any restrictions of fishing activities 4.The concept of a Coastal Zone Management Plan (CZMP), to be prepared with the fullest involvement and participation of local communities, has been introduced 5.The concept of a hazard line to be demarcated over the next five years has been introduced to protect life and property of local communities and infrastructure along coastal areas
  47. 47. Coastal Management Zone • Based on the recommendations of the Prof. Swaminathan Committee Report, the Ministry of Environment and Forests (MoEF) has prepared a draft notification of Coastal Management Zone (CMZ)
  48. 48. Concerns About the Draft Notification of CMZ • As reported by many NGOs, Civil Society and fishery unions, the following problems will be faced, if the CMZ draft notification is implemented: – The forest land along the country’s coastline, currently protected under the Forest Protection Act, will be thrown up for development – The move will lead to the development of resorts, hotels and mega housing projects, leading to the uprooting of fishermen – Provision for the development of new ports which might be disastrous for India’s ecological balance – The proposed regularization of violations, such as structures built on the seaward side of the existing roads and structures built contrary to CRZ
  49. 49. Proposed River Regulation Zone Notification, 2011
  50. 50. Proposed Notification on River Regulation Zone, 2011 (1/3) • The notification could be similar to the CRZ notification, and should restrict, regulate or prohibit various activities in specified stretches of rivers to a specified distance on both sides from the natural levee • The distance will vary from a minimum of 500 m to the point reached by the 10- year peak flood in the plains • River courses need to be divided into various "eco-zones" or ‘reaches’ depending upon their climatic and geomorphic features, state of degradation, human use and potential for restoration
  51. 51. Proposed Notification on River Regulation Zone, 2011 (2/3) The activities to be regulated include: • Various forms of encroachment on river beds and floodplains • Particularly all permanent constructions • Further channelization by levees • Disposal of solid wastes, and landfills in floodplain • Intensive agriculture using agrochemicals and manure • Uncontrolled extraction of sand; intensive grazing and excessive harvesting of vegetation; immersion of idols
  52. 52. Proposed Notification on River Regulation Zone, 2011 (3/3) • Disposal of dead bodies • Religious offerings in indiscriminate manner • Even mass bathing, wallowing of cattle and washing of clothes should be regulated
  53. 53. Questions on the Table • Do we need such regulated zones? • Where our regulations stand today? • What can be done to give justification? • Is “People First” principle apply here? • Who will pay? • Who will monitor? • Is there a requirement of an integrated approach to protect our coastal zones?
  54. 54. Thank You Prof. Shyam R. Asolekar I. I. T. Bombay

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