An Appraisal of Coastal Regulation Law in IndiaManju Menon and Kanchi KohliCPR-Namati Environment Justice Program

Life on the edge

Coastal space: conundrum for policy

Land and Sea

Pristine and Dump

‘Vacant’ and Dense

Common property and corporate campus

Multiple laws, diverse uses, resource struggle (fisheries, oil, ports, shipping, aquaculture, mining, farming, SEZs)

History of CRZ

Under EPA, 1986 (Section 3 2 v).

1991- 2009, 25 amendments without public consultation; committees

Swaminathan Committee for Management, CMZ Notification, public opposition

CRZ 2011 notified in January, 2011

Conservation, development and regulation

industrial development and rendering the CRZmeaningless

No demarcation of CRZ areas or approved maps

No consolidated notification – near impossible tointerpret and implement, legal cases with varying defs

Ambiguity of terms such as ‘traditional inhabitants’, ‘customary uses and rights’

Near zero implementation, and even less action taken;violations

Only recognised legal and authorised constructions ofthe fishing community and considered all else asunauthorised like homes

COMPONENTS OF CRZ

Zonation: I, II, III, IV

Prohibitions and allowances as per each zone

Procedures for approval (also in relation to EIA)

Institutions for enforcement, preparing management plans and take conservation tasks

Coastal Zone Management Plan. Guidelines in Annx 1. To be done by consultation. Last date extended several times

CRZ Notification

The Central Government:

with a view to ensure livelihood security to the fisher communities and other local communities, living in the coastal areas,

to conserve and protect coastal stretches, its unique environment and its marine area and

to promote development through sustainable manner based on scientific principles taking into account the dangers of natural hazards in the coastal areas, sea level rise due to global warming,

Declare the coastal stretches of the country and the water area upto its territorial water limit, excluding the islands of Andaman and Nicobar and Lakshadweep and the marine areas surrounding these islands uptoits territorial limit, as CoastalRegulation Zone (hereinafter referred to as the CRZ)

The CRZ

(i) the land area from High Tide Line (hereinafter referred to as the HTL) to 500mts on the landward side along the sea front.

(ii) 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 that are connected to the sea. Regulation upto the point where tidal influence is there in a water body to be determined salinity concentration of 5 parts per thousand (ppt) measured during the driest period of the year (to be demarcated in the Coastal Zone Management Plans

(iii) the land area falling between the hazard line and 500mts from HTL on the landward side, in case of seafront and between the hazard line and 100mts line in case of tidal influenced water body

(iv) land area between HTL and Low Tide Line (hereinafter referred to as the LTL) which will be termed as the intertidal zone.

(v) the water and the bed area between the LTL to the territorial water limit (12 Nm) in case of sea and the water and the bed area between LTL at the bank to the LTL on the opposite side of the bank, of tidal influenced water bodies

Source: Namati-Centre for Policy Research

CRZ 1

• 1. THE AREAS THAT ARE ECOLOGICALLY SENSITIVE AND GEOMORPHOLOGICAL FEATURES WHICH PLAY A ROLE IN MAINTAINING THE INTEGRITY OF THE COAST: e.g Mangroves with areas more than 1000 sqkm;

corals and coral reefs; sand dunes; mud flats; NPs and Sanctuaries; Salt Marshes; Turtle nesting grounds; areas of archeological importance etc

• 2. THE AREA BETWEEN LOW TIDE LINE AND HIGH TIDE LINE

Source: Namati-Centre for Policy Research

CRZ 2

• AREAS THAT HAVE BEEN DEVELOPED UPTO OR CLOSE TO THE HTL

EXPLANATION: 'DEVELOPED AREA' IS REFERRED TO AS THAT AREA WITHIN THE EXISTING MUNICIPAL LIMITS OR IN OTHER EXISTING LEGALLY DESIGNATED URBAN AREAS WHICH IS SUBSTANTIALLY BUILT-UP AND HAS BEEN PROVIDED WITH DRAINAGE AND APPROACH ROADS AND OTHER INFRASTRUCTURAL FACILITIES, SUCH AS WATER SUPPLY AND SEWERAGE MAINS.

Source: Namati-Centre for Policy Research

CRZ 3

AREAS THAT ARE RELATIVELY UNDISTURBED AND DO NOT BELONG TO EITHER CRZ 1 OR 2. THESE INCLUDE COASTAL ZONES IN RURAL AREAS (DEVELOPED AND UNDEVELOPED), AREAS WITHIN MUNICIPAL LIMITS AND IN OTHER LEGALLY DESIGNATED URBAN AREAS, WHICH ARE NOT SUBSTANTIALLY BUILT UP.

AREA UPTO 200M FROM HTL ON THE LANDWARD SIDE IN CASE OF SEAFRONT AND 100M ALONG TIDAL INFLUENCED WATER BODIES OR WIDTH OF THE CREEK – WHICHEVER IS LESS IS TO BE EARMARKED AS 'NO DEVELOPMENT ZONE (NDZ)'.

Area between 200-500 m of the HTL

THE NDZ DOES NOT INCLUDE AREAS FALLING WITHIN NOTIFIED PORT LIMITS

Source: Namati-Centre for Policy Research

CRZ 4

THE WATER AREA FROM THE LOW TIDE LINE TO 12 NAUTICAL MILES ON THE SEAWARD SIDE

THIS INCLUDES THE WATER AREA OF THE TIDAL INFLUENCED WATER BODY FROM THE MOUTH OF THE WATER BODY AT THE SEA UPTO THE INFLUENCE OF TIDE WHICH IS MEASURED AS FIVE PARTS PER THOUSAND DURING THE DRIEST SEASON OF THE YEAR

Source: Namati-Centre for Policy Research

Institutions

National Coastal Zone Management Authority

State Coastal Zone Management Authority (maximum role)

District Level Coastal Committees (DLCC)

Prohibited ActivitiesIndustry (Major projects commissioned by government and private): Except: those requiring foreshore facilities; Construction and Dwelling units approved in town and country planning; Dept. of Atomic Energy projects.

Manufacture or handling oil storage or disposal of hazardous substance: Except transfer of hazardous substances from ships to ports, terminals and refineries and vice versa, etc.

Fish processing (including hatchery, drying units)

Land Reclamation, bunding and alteration ( however when foreshore land industries require this and changing the course of sea water): Exceptions exist.

Waste disposal management: Except treated effluent approved by the Air Act, storm water drains etc

Mining (sand, rock and other sub-strata materials)

Ground water withdrawl within 200 mts except for local use.

Ports and Harbours: Except those classified as strategic under EIA Notification)

Special Areas, Protection and Regulation

CRZ AREAS FALLING WITHIN MUNICIPAL LIMITS OF GREATER MUMBAI; CRZ OF KERALA; CRZ OF GOA

CRITICAL VULNERABLE COASTAL AREAS (CVCA): IMP guidelines to be prepared by MOEF in consultation with governments and communities, for conservation of mangroves, needs of communities, disasters. Should be in line with CZMP. Gulf of Kutch is CVCA.

Clearance Process

Documents: FORM 1, RAPID EIA REPORT, COMPREHENSIVE EIA, DISASTER MANAGEMENT REPORT, RISK ASSESSMENT REPORT, MANAGEMENT PLAN, NO OBJECTION CERTIFICATE AND FOUR SEPARATE CRZ MAPS

RECOMMENDATIONS FROM THE CZMA

CLEARANCE FROM THE MOEF OR SEIAA (EIA/CRZ) within 60 days

Processing fees? Charges of the CZMA

Enforcement

PROJECT CONSTRUCTION COMMENCES WITHIN FIVE YEARS OF CLEARANCE BEING ISSUED

HALF YEARLY COMPLIANCE REPORTS SUBMITTED TO CZMA (1ST JUNE AND 31ST DECEMBER )

COMPLIANCE REPORT DISPLAYED ON THE

WEBSITE OF REGULATORY AUTHORITY

POST CLEARANCE MONITORING

CRZ issues

Continued piecemeal amendments without clear policy basis: unstable law

Shailesh Nayak Committee: 2014-15

SCZMAs- too far, inaccessible information, poor performance

DLCCs not set up or not given responsibilities

CZMPs – drafts, no clear role for public engagement

No system for compliance at the SCZMA/DLCC levels

Additional Reading:

1. Menon, M., S. Rodriguez, A. Sridhar. 2007. Coastal Zone Management Notification ‘07 – Better or bitter fare? Economic and Political Weekly. September 22-28 (2007), Vol. XLII (38), pp 3838-3840.

2. Sridhar, A., M. Menon, S. Rodriguez and S., Shenoy. 2008. Coastal Management Zone Notification ‘08 – The Last Nail in the Coffin. ATREE, Bangalore.

3. Kohli, K. 2011. The Cost of the Coast. www.indiatogether.org, 30th August, 2011

4. Namati-Centre of Policy Research Booklet on Coastal Regulation Zones (2014): In English, Tamil, Kannada

5. Kohli, K.2014. A continuous struggle between power and the people, www.indiatogether.org, 4th December 2014