(To be published in the Gazette of India, Extraordinary, Part-II, and Section 3, Sub-section (ii))
[MINISTRY OF ENVIRONMENT AND FOREST]
New Delhi, the 1st May, 2008
S.O.No.1070(E).-
Whereas the Central Government in the
Ministry of Environment and Forests issued the Coastal Regulation Zone
Notification vide No. S.O.114(E) dated
the 19th February 1991, under which
coastal stretches were declared Coastal Regulation Zones (CRZ) and restrictions were imposed on the setting up
and expansion of industries, operations
and processes in the said Zones for its protection ;
And whereas the said notification has
been amended from time to time based on recommendations of various committees,
judicial pronouncements, representations from State Governments, Central
Ministries, and the
general public, etc.,
consistent with the basic objective of the said Nnotification ;
And whereas perceiving the continuing
difficulties posed by the Nnotification
in its effective implementation for the sustainable development of coastal
regions as well as conservation of coastal resources, the Ministry of
Environment and Forests constituted an Expert Committee vide Order
No.15(8)/2004-IA-III, dated the 19th July, 2004 under the
Chairmanship of Prof. M. S. Swaminathan, with experts in the areas of environmental
law, marine biodiversity, marine geology, environmental economics,
socio-economics, remote sensing, coastal engineering, urban planning, and
marine fisheries to carry out a comprehensive review of
the said Nquick but notification
including all its amendments in the light of findings and recommendations of previous
Committees, judicial pronouncements, representations of various stakeholders, and suggest suitable
amendments, if
necessary, to make
the coastal regulatory framework consistent
with well established scientific principles of Coastal Zone Managementall ;
And whereas the above Expert Committee had
submitted its report to the Ministry of Environment and Forests in February,
2005 containing specific recommendations to build on the strengths of existing
regulations and institutional structures and fill gaps in core areas for conservation and improving
the management of the coastal resources by enhancing the living and non-living
resources of the coastal zone; and by ensuring protection to coastal
populations and structures from risk of inundation from extreme weather and
geological events; and by
ensuring that the livelihood security of coastal populations is strengthened;
And whereas the Central Government in the Ministry of Environment and Forests after carefully considering the above report and all the recommendations made therein have decided to accept them in principle for implementation;
And whereas in accordance with the above decision, the Central Government proposes to bring into force a new framework for managing and regulating activities in the coastal and marine areas for conserving and protecting the coastal resources and coastal environment; and for ensuring protection of coastal population and structures from risk of inundation due to natural hazards; and for ensuring that the livelihoods of coastal populations are strengthened; by superseding the said Coastal Regulation Zone, Notification, 1991;
NNow,
therefore, in exercise of the powers conferred by sub-section (1) and clause
(v) of sub section 2 of section 3 of the Environment (Protection) Act, 1986 (29
of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection)
Rules, 1986 and in supersession of the notification published vide S.O.114(E) dated
the 19th February, 1991, except as respects things done or omitted
to be done before such supersession, the Central Government proposes to issue a
notification to be known as the Coastal Management Zone (CMZ) Notification,
20086,
for the information of the public likely to be affected thereby and notice is
hereby given that the said draft Nnotification will be taken into
consideration by the Central Government on and after the expiry of sixty days
from the date of publication of said notification in the Official Gazette.
* “And whereas, in addition to the above the Central Government has decided to consider the proposal for developing green field airports and to undertake expansion and modernisation of existing airports in the coastal areas, without compromising environmental considerations.”.
Any person interested in making any
objections or suggestions on the proposals contained in the draft Nnotification may
do so in writing within the period so specified through post to the Secretary,
Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodi Road,
New Delhi – 110003, or electronically at e-mail address: secy@menf.nic.in
DRAFT NOTIFICATION .
PART-I
1. (i) This notification may be called the Coastal Management Zone
Notification, 20086.
(ii) It shall come into force on the date
of its final publication in the Official Gazette.
2. Objective.-
The Oobjective of this Nnotification
is shall be protection
and sustainable development of the coastal stretches
and marine environment through sustainable coastal zone management practices
based on sound scientific and ecological principles taking into
account the vulnerability of the coast to natural hazards, sustainable livelihood
security for local communities, and conservation of ecologically and culturally significant
coastal resources.systems. .
3.
Definitions.- In
this Nnotification,
unless the context otherwise requires,-
(a) “Coastal
Zone” means the area from the territorial waters limit (12 nautical
miles measured from the appropriate baseline) including its sea bed, the adjacent land area along the coast, and inland
water bodies influenced by tidal action including its bed, and the adjacent land area, up to
the landward boundary of the local self government or local authority abutting
the sea coast, provided that in case of notified ecologically
and culturally sensitive
areas, the entire biological or physical boundary of the
area may be notified area/will be included,
as specified under
the provisions of Environment Protection Act, 1986;
1.
“Integrated
Coastal Zone Management (ICZM)” means a continuous and dynamic process
by which decisions are made for protection of coastal population and
infrastructure, protection and conservation of coastal and marine areas and
resources and sustainable development;
2.
“Integrated Coastal Zone Management Plan (ICZMP)” is the landuse plan or development plan
prepared for
implementation of based on the Integrated Coastal Zone
Management;
3.
“Local
Self Government or Local Authority” means either a
village Panchayat,
or a urban local body,
or any other body or authority, by what ever name called, for the time
being invested by law, for rendering essential services or, with control and
management of civic services, within a specified local area abutting the sea
coast or inland tidal water having tidal action.
4.
‘Setback
Lline’ means a line
demarcated along the coast, based on its vulnerability to natural hazards sea-level rise,
flooding and
shore line changes as per Gguidelines given in this notification
in AnnexureAppendix -I.
5.
“Ecologically Sensitive Areas” are those areas of the ecological
entities which are
unique to the coastal
zone and that play an important role in
maintaining the functional integrity of the coast, including acting as natural barriers to coastal hazards and, or including harbouring a diverse biodiversity that
provide valuable resources
to local communities.
4. Categorization of the Coastal Zone.- For the purposes of management and regulation, the coastal zone shall be divided into four categories, namely:-
1.
Coastal
Zone ManagementCoastal
Management Zone - I
(CZM-ICMZ -I) shall consist of areas designated as
Ecologically Sensitive Areas (ESA), an indicative list is given in AnnexureAppendix -–II.
(ii) Coastal Zone ManagementCoastal Management Zone - II (CZM-ICMZ - II) shall consist
of areas, other than
CZM-ICMZ - I and coastal
waters, identified
as “Areas of Particular Concern (APC)” such as economically important areas, high
population density areas,
and culturally and, or strategically important areas. The administrative
boundaries of these “Areas
of Particular Concern” would be boundaries of CZM-ICMZ - II. A generic list of such areas is given in AnnexureAppendix -–III.
(iii)Coastal Zone
ManagementCoastal
Management Zone -III (CZM-ICMZ - III) shall consist of all other open
areas including coastal waters and tidal influenced inland water bodies, that
is, all areas excluding those classified as CZM-ICMZ - I, II and IV.
(iv) (a)
Coastal Management Zone
-IV (CZM-ICMZ - IV) shall consist of island territories
of Andaman and Nicobar, Lakshadweep, and other offshore
islands. and
1. In respect of the islands in coastal backwaters areas which are not included in CMZ - I or CMZ - II, such areas may be included in CMZ - IV at the option of the Local Authority; otherwise they would be included in CMZ - III. Once exercised, the option of the Local Authority would not be subject to change.
5. (i) National Board for Sustainable Coastal Zone Management.-
This Board consisting of not more than
thirty two Members shall be the highest policy making body.
have the mandate to provide policy
advice to the Central Government on matters relating to coastal zone management, but shall not
undertake regulatory functions.. The
composition of the Board shall be as given in AnnexureAppendix – IV. The term of the non-official members of the
Board shall be three years
only.
(ii) National Coastal Zone Management Authority
This
Authority shall be constituted under the relevant provisions of the Environment
(Protection) Act, 1986 as an expert body with not
more than 15 members, to monitor the state of environment in the
coastal zone and to guide the implementation of the
decisions made by the National Board for Sustainable Coastal Zone Management.
It shall be headed by an eminent expert in the area of Sustainable Coastal
Zone Management.(iii)
National and State or UT
Coastal Zone Management Authorities
The National and State or Union territory Coastal Zone Management Authorities set up under the Environment (Protection) Act, 1986, shall be the Coastal Zone Management Authorities.
6. 5. Management Methodology.- The
management methodology and approach for the each Coastal
Management Zone shall be as follows:
1.
(i) Notification
of the Setback Line: The Setback Line, for the entire coast, excluding
CMZ-I and CMZ - IV areas, will be notified in one or
more stretches at a
time in a map on
cadastral scale by
the Central Government. For this purpose, the Central Government shall
issue detailed technical guidelines, based on the
approach set forth in Appendix - I. The notification shall be based on the delineation to be carried out by the
competent and established scientific
institutions
specializing in earth surveys and mapping, among a set of such institutions
to be notified by the Central Government. Till the Setback
Line in respect of area under each local authority as per these technical
guidelines
is notified
by the Central
Government the provisions of the Coastal Regulation Zone Notification,
1991 shall prevail.
-
(ii) Coastal Zone
Management Zone
- I : The
ecologically sensitive areas as per generic list given in AnnexureAppendix - II shall be identified within the coastal zone by the Central Government jointly with the concerned
State Government or Union
territory Administration,
with the technical assistance provided by the National Institute for
Sustainable Coastal Zone Management or one or more competent and established scientific research institutions
specializing in coastal resources management, and notified by the Central Government. All
activities in CZM-ICMZ - I in areas
falling
on the land ward side of the setback line shall
be regulated by the State
or Union territory Coastal Zone Management
Authority concerned State Government / UT
Administration on the basis of an Integrated Coastal Zone
Management Plan (ICZMP) to be prepared by the concerned State or Union
territory Administration with the help of National Institute of Sustainable
Coastal Zone Management or one or moreand notified by the Ministry of Environment &
Forests several competent and established scientific research
institutions specializing in coastal resources management, and notified by the Central
Government and notified under Environment (Protection) Act, 1986an
established and experienced National/State/UT level scientific
institution/body working in the field of sustainable coastal zone management. The Integrated Coastal
Zone Management Plans prepared
for CMZ-I areas would be endorsed by the Central
Government..
The ICZMPs prepared shall ensure
proper protectioprotection n and
conservation of all ecological entities within the notified ecologically
sensitive areas keeping in view the safety and livelihood needs of the local
communities and essential development. There shall be no restriction in the
fishing and fisheries related activities of local communities living in the
area. The implementation of the ICZMPs by the State Government or Union
territory Administration shall be monitored by the concerned State or Union
territory Coastal Zone Management Authority and by the National Coastal Zone
Management Authority.
* Provided that the projects pertaining to the development of green field airports and expansion and modernisation of existing airports shall be undertaken on case to case basis based on detailed scientific study incorporating adequate environmental safeguard measures required for neutralising damage to the coastal environment.”.
Coastal Zone Management Authority of the
State/UT level.
(iii) Coastal Zone
ManagementCoastal Management Zone – II: In the administrative boundaries of
areas of the Coastal Municipalities or Corporation and coastal Panchayat with
population density of more than 400 persons per sq. km, activities shall be
regulated based on an Integrated Coastal Zone Management Plan approved by the
Central Government. The activities proposed on the seaward side of the setback
line in the above administrative boundaries shall be regulated to ensure that
no further development takes place other than foreshore requiring facilities
and basic infrastructure.
The development on the landward side of the setback line shall be as per the local town and country planning rules as existed on the day of this notification. The Integrated Coastal Zone Management Plan prepared for the above areas shall take into account the guidelines laid down in Appendix-V.
With regard to economically and culturally important areas as identified by the concerned State or Union territory Governments, the activities shall be regulated as per Integrated Coastal Zone Management Plan prepared. The Integrated Coastal Zone Management Plan will be implemented by the concerned State or Union territory Governments after the plans are approved by the Central Government.
With regard to strategically important areas, the Ministry of Defence would prepare an Integrated Coastal Zone Management Plan and submit to the Ministry of Environment and Forests. Such plans would be accorded clearance by a Special Committee constituted by the Central Government.
(iii)
Coastal
Zone ManagementCoastal Management Zone - III : The activities that may be permitted or prohibited on the seaward side
of the setback line and agencies responsible are given in Appendix-VI. The
existing dwelling units and other infrastructure existing on the seaward side
of the setback line shall not be disturbed/relocated. No activities relating to
fishing by traditional communities shall be disturbed. The activities that may be
permitted or prohibited on the seaward side of the setback line and agencies
responsible is given at Annexure-VI.The activities that may be permitted or
prohibited on the seaward side of the setback line and agencies responsible is
given at Annexure-VI.The activities that may be permitted or prohibited on the
seaward side of the setback line and agencies responsible is given at An The
activities that may be permitted or prohibited on the seaward side of the
setback line and agencies responsible is given at Annexure-VI.
(iv)
Coastal
Zone ManagementCoastal Management Zone – IV: All activities
shall conform to the approved Integrated
Coastal Zone Management Plans, which shall be determined in each case by
the concerned State or Union territory Coastal Zone Management Authority. While, preparing the Integrated
Coastal Zone Management Plans it shall be ensured that no developments are
permitted in the corals, mangroves, breeding and spawning of endangered species
other than those minimum essential activities required for local
communities. All activities, subject to any
other regulatory requirements in force.
7. Operation of the Coastal Regulation Zone Notification 1991.-
The Coastal Regulation Zone Notification, 1991 shall cease to operate within:
in
(a) CMZ - I area, from the date of Notification of the concerned Integrated Coastal Zone Management Plan.
(b) CMZ - II area, from the date of Notification of the Setback Line and approval of Integrated Coastal Zone Management Plan.
(c) CMZ - III area, from the date of Notification of the Setback Line.
(d) CMZ - IV area, from the date of Notification of the concerned ICZMP.
a Coastal Zone Management area from the date of the notification of the
approved set back line for the particular CZM/mapping of
the CZM-I areas by the Ministry of Environment
and Forests. Till such time, the Coastal Regulation Zone Notification, 1991
shall supersede this notification.
AnnexureAppendix-I
SETBACK LINE
The Ssetback Llines in the coastal management
zones categorised as CZMCMZ – I, II and III will be based on vulnerability
of the coast to natural and manmade hazards. This procedure is followed in many
countries where the coast has been mapped for vulnerability to coastal hazards.
For the purpose of
mapping the vulnerability of the coast foursixeven
parameters are taken into account: elevation, geology, geomorphology,
sea level trends, and horizontal shoreline displacement
(erosion or accretion)., tidal
ranges,
and wave heights. A brief on each of the parameters which are to can be
considered for drawing up the Setbackvulnerability Lline are given
below:
(i) Elevation: - The elevation
data shall be obtained from the available coastal toposheets and
satellite data surveys with contour intervals of 0.5 and 1meter.
(ii) (ii) Geology: - The
geology identifies the rock types for
all coastal segments. (iii) Geomorphology: - Tthe land forms
will be identified on the maps based on the available toposheet and remote
sensing data. Bathymetry to be derived from naval Hydrographic Charts on
location specific surveys
(iii) iv) Sea level trends: - The sea level trend data shall be be obtained from the data available in the Ministry
prepared based on the reports of the United Nations Inter-Governmental Panel on Climate Change (IPCC).
(iv) Horizontal shoreline displacement: - The erosion or accretion data ofused for
horizontal shoreline displacement shall be obtained from long term information
derived from Survey of India Topographic maps (1967) and the latest satellite
data. Horizontal shoreline
displacement shall be estimated (median estimate) over the next 100 years.
(vi)Tidal
ranges: - Tide tables published by the
Survey of India. (vii) Wave heights:
- Wave heights obtained from ship observations published by National Institute
of Oceanography or other locally available measured data. Based on the
above data a relative risk factor chart will be drawn up indicating
vulnerability of the coast.
Further detailed Technical Guidelines for delineation of the Setback Line may be provided by the Central Government in the Ministry of Environment and Forests.
The setback line shall be demarcated based on the above parameters using the guidelines as approved by the Ministry for CMZ-II and III areas on cadastral scale by NISCM or any other agency authorised by the Ministry within a period of two years from the date of issue of this notification.
AnnexureAppendix-II
CZM-ICMZ - I: INDICATIVE LIST OF ECOLOGICALLY
SENSITIVE AREAS (ESA)
1. Mangroves
2. Coral reefs
3. Sand Beaches and Sand Dunes
4. Mudflats
5.
Marine wildlife protected areas under the Wildlife (Protection) Act, 1972 parks/marine
biosphere and sanctuaries
6. Coastal freshwater bodies such as creeks, lakes etc
7. Salt Marshes
8. Turtle nesting grounds
9. Horse shoe crabs habitats
10. Sea grass beds
11. Sea weed beds
12. Nesting grounds of birds
AnnexureAppendix- III
CZM-ICMZ - II: THE INDICATIVE
LIST OF AREAS OF PARTICULAR CONCERN
1.
Coastal
Municipalities/Corporations (the entire notified area )
2.
Coastal
Panchayats with population density more than 400 persons per /sq km (the entire
notified area ) as per the latest Census of India.
3.
Ports and& Harbours
4.
NotifiedDeclared
Tourism Areas
5. Mining sites
6.
NotifiedApproved
Industrial Estates
7. Foreshore facilities for Special Economic Zones
8. Heritage areas
9. Notified Archaeological sites under the Protected Monuments Act.
10. Defence areas/installations
11.
Atomic/Thermal/other
Power Plants
12. *Green field airports and expansion and modernization of existing airports
ANNEXUREAppendix-IV
COMPOSTION OF NATIONAL BOARD FOR SUSTAINABLE COASTAL ZONE MANAGEMENT
1. Union Minister for
Environment and Forests - Chairman
2.
Union Minister in-charge
of Ministry of Earth Sciencesfor Ocean Development -
Co-o-Chairman
3. Secretary, Ministry of Environment and Forests - Member Secretary
4. Technical Experts (by name) in:
Coastal ecosystems - 1
Marine biology - 1
Maritime law - 1
Meteorology - 1
Disaster Management - 1
from reputed National Environmental Economics - 1
4.
Representatives of the National Commission for Women
- 1
5. Representative of the Ministry of Defence - 1
6. Representative from Indian Space Research Organization - 1
7. Representative of the Ministry of Urban Development - 1
8. Representative of the Ministry of Panchayati Raj - 1
9. Representatives of community based organizations of
the mainland coastal population - 3
10. Representatives
of the electronics and print media
Representatives from fishers (1 male and 1 woman) - 2
11. Representatives from aquaculture, tourism,
industries,
mining, ports, sectors - 4Legal experts ( National and International Law
)
12.
Representatives offrom
selected
coastal Rural
District Panchayats - 3
13. Representatives of coastal Urban Local Authorities - 3
14. Representatives of from Andaman and Nicobar and
Lakshadweep Islands - 3
Appendix-V
GUIDELINES FOR PREPARATION OF INTEGRATED MANAGEMENT PLAN FOR CMZ II AREAS
1. The entire notified Corporation, Municipality, Panchayat, revenue area, shall be the outer boundary of the APC.
2. ICZMPs shall be prepared for these areas indicating all present and future developments, conservation and preservation schemes.
3. The ICZMP shall address vulnerability to human life and property based on setback lines prepared by Ministry of Environment and Forests.
4. No constructions shall be permitted on the seaward side of any existing (as on 2008) approved building or a tarred or surfaced road in the area.
5. All the existing roads including the internal roads shall be strengthened, as these roads shall serve for the purpose of livelihood, communication, relief and evacuation measures particularly for fisher communities.
6. Adequate cyclone shelters shall be constructed taking into account the population of the area.
7. The new schools, market areas and other public facilities where large number of public congregate shall be located beyond the vulnerable area.
8. Along the seaward side sufficient bio shield with local vegetation, trees including mangroves shall be planted
9. The beaches shall be left free of any development.
10. Appropriate coastal protection structures be constructed where ever required on a scientific basis
11. New houses and settlements shall be planned on landward of the setback line.
12. Sand dunes, being natural speed breakers in the event of hazards, shall be maintained or regenerated by planting shrubs or through appropriate measures.
13. All the areas notified by the Ministry of Environment and Forests as CMZ I shall be clearly demarcated in the plan for their conservation.
14. The ICZMPs shall be approved by the proposed NISCM of the Ministry or any other authorized authorities as approved by the Ministry.
15. There shall be no regulation with regard to fishing and fishery related activities.
16. The enforcement and monitoring will be the responsibility of the concerned State or Union territory Coastal Zone Management Authorities.
NNEXUREAppendix –VI
CMZ III: PERMISSIBLE DEVELOPMENTAL ACTIVITIES ON THE SEAWARD SIDE OF THE SETBACK LINE
1. Activities, which are permitted by the local or concerned authorities without CMZ clearance
(ii) Activities to be permitted with the approval of State or Union territory Coastal Zone Management Authority
(iii) Activities that can be permitted with Environmental Impact Assessment and Environmental Management Plan to be approved by Ministry of Environment and Forests.
(m)Ship-breaking in existing locations.
(n)Non conventional energy including windmills.
(o)Any other activity which requires foreshore facilities.
*(p) Green field airports and expansion and modernization of existing airports
(iv) All other activities not listed above are prohibited.
{F. No. 11-83/2005-IA.III}
(Dr. R. ChandramohanNalini Bhat)
Scientist ‘G’
Note:- * Amendment issued vide S.O.1120(E), dated 9th May, 2008 to the principal Draft Notification published in the Gazette of India vide S.O.1070(E), dated 1st May, 2008.
[To be published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (ii)]
MINISTRY OF ENVIRONMENT AND FORES
New Delhi, the 9th May, 2008.
NOTIFICATION
S.O.1120 (E).―Whereas a draft of the notification of the Government of India in the Ministry of Environment and Forests number S.O. 1070(E), dated the 1st May, 2008 under sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules,1986, titled as the Coastal Management Zone (CMZ) Notification, 2008 (hereinafter referred to as the said notification), inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of the Gazette in which that notification was made available to the public was published in the Gazette of India, Part II, Section 3, Sub-Section (ii) on the 1st May, 2008;
And Whereas the Central Government has decided to consider the request for developing green field airports and other incidental matters relating thereto;
Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules,1986, the Central Government hereby makes the following amendments in the said draft notification, namely:―
AMENDMENTS
1. In the said notification, in the preamble, after paragraph 7, the following paragraph shall be inserted:―
“And whereas, in addition to the above the Central Government has decided to consider the proposal for developing green field airports and to undertake expansion and modernisation of existing airports in the coastal areas, without compromising environmental considerations.”.
2. In the said notification, in paragraph 6, in sub-paragraph (ii) relating to Coastal Management Zone , the following proviso shall be inserted at the end, namely;―
“Provided that the projects pertaining to the development of green field airports and expansion and modernisation of existing airports shall be undertaken on case to case basis based on detailed scientific study incorporating adequate environmental safeguard measures required for neutralising damage to the coastal environment.”.
3. In the said notification, in Appendix-III, after item (k), the following item shall be inserted, namely:―
“l) Green field airports and expansion and modernisation of existing airports.”.
4. In the said notification, in Appendix-VI, in sub-heading (iii) relating to “Activities that can be permitted with Environmental Impact Assessment and Environmental Management Plant to be approved by Ministry of Environment and Forests.”, after item (o), the following item shall be inserted, namely:―
“(p) Green field airports and expansion and modernisation of existing airports.”.
{F. No. 11-83/2005-IA.III}
(Dr. Nalini Bhat)
Scientist ‘G’
Note.―The principal draft notification was published in the Gazette of India vide number S.O.1070 (E). dated the 1st May, 2008.