MINISTRY OF ENVIRONMENT AND FORESTS

 

NOTIFICATION

New Delhi, the 19th October, 2002

 

 

S.O.1100 (E).--- Whereas by the notification of the Government of India in the Ministry of Environment and  Forests number S.O. 114(E), dated the 19th February, 1991 (hereinafter referred to as the said notification), the Central Government declared Coastal Stretches as Coastal Regulation Zone (herein after referred to as CRZ) and restrictions were imposed on the setting up and expansion of industries, operations and processes in the said zone;

 

            And whereas the Central Government deems it necessary to harmonize and elaborate the existing provisions of the said notification;

 

            And whereas the Central Government has considered the requirement of projects relating to generation of power by non-conventional energy sources in CRZ areas, setting up of desalination plants in CRZ, storage of non hazardous cargo such as edible oil, fertilizers and food grain in CRZ of notified ports. 

 

            And whereas the Central Government has also considered the requirement for construction of airstrips and associated facilities in CRZ areas in the Islands of Lakshadweep and Andaman and Nicobar.             

 

            And whereas the Central Government is of the opinion that it is necessary and expedient in the public interest to amend the said notification;

 

            And whereas sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 provides that, "Notwithstanding anything contained in sub-rule (3), whenever it appears to the Central Government that is in public interest to do so, it may dispense with the requirement of notice under clause (a) of sub-rule (3) of the said rules";

 

 

            And whereas the Central Government is of the opinion that it is in public interest to dispense with the requirement of notice under clause (a) sub-rule (3) of rule 5 for amending the said notification.

 

            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-rules (3) and (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following further amendments in the aforesaid notification, namely:-

 

In the said notification, -

 

1.                  in paragraph 2, in sub paragraph (i), the following provisio shall be inserted at the end, namely:- 

"provided that (a) facilities for generating power by non conventional energy sources and setting up of desalination plants may be permitted within the said zone in areas not classified as CRZ-I(i); and (b) construction of airstrips in the said zone in areas not classified as CRZ-I(i) may also be permitted in the Islands of Lakshadweep and Andaman & Nicobar by Government of India in the Ministry of Environment & Forests". 

2.         in paragraph 3, in sub-paragraph 2, –

(i) after item (i),  the following item shall be inserted, namely:-

 

“(ia) the clearance granted shall be valid for a period of five years for the commencement of the construction or operation.”; 

 

(ii)               after item (iii c), the following item shall be inserted, namely:-

"(iii d) facilities for generating power by non conventional energy sources, desalination plants and  weather radars;

 

(iiie) airstrips and associated facilities in Lakshadweep and Andaman and  Nicobar Islands.". 

 

3.      in Annexure-I, in paragraph 6, in sub-paragraph (2),-

 

(i)                 under the heading CRZ-I,

 

(a)   for the words, brackets and letter “and (c) facilities”, the brackets, letter and word “(c) facilities” shall be substituted,” 

 

(b)   after the words “activities permissible under CRZ-I”, the following shall be inserted, namely:-

 

“and (d) installation of weather radar for monitoring of cyclone movement and prediction by Indian Meteorological Department.”;

 

(c)   for the words brackets and figure "sub-paragraph (ii)", the following words brackets  and figures shall be substituted, namely:-

 

"sub-paragraphs (i) and (ii)";

 

      (d) for the words, brackets and letter “and (d) salt”, the brackets, letter and word “(d) salt” shall be substituted;

 

                              (e) after the word “evaporation of sea water” the following shall be inserted, namely:-

 

                                    “(e) desalination plants,

and (f) storage of non hazardous cargo such as edible oil, fertilizers and food grain within notified ports”. 

 

(ii)                under the heading CRZ-II, after item (i),  the following item shall be inserted, namely:-

 

“(ia)     facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-III appended to this notification and facilities for regasification of liquefied natural gas subject to the conditions as mentioned in para 2(ii). 

 

(ib)      desalination plants

 

(ic)       storage of non hazardous cargo such as edible oil, fertilizers and food grain in notified ports.             

 

(id)      facilities for generating power by non conventional energy sources.

 

(ie)            construction of airstrips and associated facilities in the Islands of Lakshadweep and Andaman and  Nicobar". 

 

(iii)             under the heading CRZ-III, -

                                    (a)  in clause (i), after the words "sea water", the words

 

"facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-III appended to this notification and facilities for regasification of liquefied natural gas subject to the conditions as mentioned in para 2(ii), facilities for generating power by non conventional energy sources, desalination plants, weather radars and construction of airstrips and associated facilities in the Islands of Lakshadweep and Andaman and Nicobar” shall be inserted. 

                 

(b)   after clause (ii), the following clauses shall be inserted namely:-

 

"(iia) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-III appended

to this notification and facilities for regasification of liquefied natural gas subject to the conditions as mentioned in para 2(ii). 

(iib)  storage of non hazardous cargo such as edible oil, fertilizers and food grain in notified ports. 

(iic)   desalination plants

(iid)  facilities for generating power by non conventional energy sources.

(iie)  construction of airstrips and associated facilities in the Islands of Lakshadweep and Andaman & Nicobar."

 

                        (iv)       Under the heading CRZ-IV,-    

(a)   Under sub-heading Andaman and Nicobar Islands, -

in clause (i), after the word “HTL”, the words

 

“except facilities for generating power by non conventional energy sources, desalination plants and construction of airstrips and associated facilities" shall  be inserted.

 

(b)   under sub-heading Lakshadweep and small Islands, after clause (i), the following clauses shall be inserted,  namely:-

(ia) facilities for generating power by non conventional energy sources;

(ib)  desalination plants;

(ic) construction of airstrips and associated facilities; ”.

 

 

{F. No. H-11011/6/97-IA.III}

Dr. V. RAJAGOPALAN, Jt. Secy.

 

The principal notification was published in the Gazette of India vide number S.O. 114(E), dated, the 19th February, 1991 and subsequently amended vide :-

 

(i)         S.O.    595 (E) dated 18th August, 1994.

(ii)        S.O.    73 (E) dated 31st January, 1997.

(iii)       S.O.    494 (E) dated 9th July, 1997.

(iv)       S.O.    334 (E) dated 20th April, 1998.

(v)        S.O.    873 (E) dated 30th September, 1998.

(vi)       S.O.    1122 (E) dated 29th December, 1998.

(vii)      S.O.    998 (E) dated 29th September, 1999.

(viii)     S.O.    730 (E) dated 4th August, 2000.

(ix)       S.O.    900 (E) dated 29th September, 2000.

(x)        S.O.    329 (E) dated 12th April, 2001.

(xi)       S.O.    988 (E) dated 3rd October, 2001.

(xii)      S.O.    550 (E) dated 21st May, 2002