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.
Semelhante a Presentation on Implementation of Coastal Regulation Zone Notification dtd.19/2/1991(as amended from time to time). by-Shri D.T. Devale (20)
Presentation on Implementation of Coastal Regulation Zone Notification dtd.19/2/1991(as amended from time to time). by-Shri D.T. Devale
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).