THE GAZETTE OF INDIA

EXTRAORDINARY

PART II -- Section 3 -- Sub-section (ii)

MINISTRY OF ENVIRONMENT AND FORESTS

NOTIFICATION

New Delhi, the 6th February, 1997

1. S.O.88 (E). - In exercise of the powers conferred by sub-section (3) of Section 3 of the Environment (Protection) Act, 1986 (29 of 1986) (hereinafter referred to as the said Act,) the Central Government hereby constitute an authority known as Aquaculture Authority to deal with the situation created by the shrimp culture industry in the coastal States and Union Territories consisting of the following members of a period of one year from the date of publication of this notification in the Official Gazette, namely :-
   1. .......................................................................................................................... - Chairperson
      (A retired Judge of High Court, to be appointed by the Central Government)

   2. ......................................................................................................................... - Member
      (An expert in the field of aquaculture, to be appointed by the Central Government)

   3. .......................................................................................................................... - Member
      (An expert in the filed of pollution control, to be appointed by the Central Government)

   4. ....................................................................................................................... - Member
      (An expert in the filed of environment protection, to be appointed by the Central Government)

   5. ....................................................................................................................... - Member
      (A representative of the Ministry of Environment and Forests to be appointed by the Central Government)

   6. ...................................................................................................................... - Member
      (A representative of the Ministry of Agriculture, to be appointed by the Central Government)

   7. ...................................................................................................................... - Member
      (A representative of the Ministry of Commerce, to be appointed by the Central Government)

   8. ....................................................................................................................... - Member Secretary
      (To be appointed by the Central Government)

2. The Authority shall excercise the following powers and perform the following functions, namely:
   (i) exercise of powers under section 5 of the Environment (Protection) Act, 1986 for issuing direction and for taking measures with respect to matters referred to in clauses (v), (vi), (vii), (ix) and (xii) of sub-section (2) of section 3 of the said Act.

   (ii) To take steps and ensure the closure, demolition and removal of all the existing aquaculture activities by the 31st March 1997 from the Coastal Regulation Zone areas as demarcated in the Coastal Zone Management Plans prepared in accordance with the Coastal Regulation Zone Notification No. S.O. 114 (E) dated the 19th February, 1991, by the concerned Coastal States and union Territories and upto 1000 m in respect of Chilka Lake and Pulicat lake, except the traditional and improved traditional types of technologies (as defined in Algarswami report) which are practised in the coastal low lying areas;

   (iii) to ensure that no shrimp culture pond can be constructed or setup within the Coastal Regulation Zone and upto 1000 m of Chilka lake and Pulicat lake (including bird sanctuaries namely, Yadurapattu and Nelapattu);

   (iv) to ensure and give approval to the farmers who are operating traditional and improved traditional systems of aquaculture for adoption of improved technology for increased production;

   (v) to ensure that the agricultural lands, salt pan lands, mangroves, wetlands, forest lands, land for village common purposes and the land meant for public purposes shall not be sued or converted for construction of shrimp culture ponds;

   (vi) the Authority shall implement the "Precautionary Principle" and the "Polluter Pays Principle", by adopting the procedure described in the Supreme Court order dated 11-12-1996 passed in the Writ Petition (Civil) no. 561 of 1994;

   (vii) the Authority shall also regulate the shrimp culture activities outside the Coastal Regulation Zone areas and beyond 1000m from the Pulicat lake and Chilka lake and also give the necessary approvals / authorisation by the 30th April, 1997;

   (viii) the Authority in consultation with expert bodies like National Environmental Engineering Research Institute, Central Pollution Board, respective State Pollution Control Boards shall frame Scheme/Schemes for reversing the damage caused to the ecology and environment by pollution in the coastal States and Union Territories;

   (ix) the Authority shall ensure the payment of compensation to the workmen employed in the shrimp culture industries as per the procedure laid down in the Supreme Court Order dated 11- 12-96 passed in the Writ Petition (Civil) No. 561 of 1994;

   (x) to comply with the relevant orders issued by the concerned High Courts and Supreme Court from time to time;

   (xi) to deal with any other relevant environment issues pertaining to coastal areas with respect to shrimp culture farming, including those which may be referred to it by the Central Government in the Ministry of Environment and Forests.

3. The jurisdiction of the Authority shall cover all the coastal States and Union territories;

4. The Scheme/Schemes framed by the Authority for reversing the damage caused due to the pollution in the coastal States and Union Territories shall be executed by the respective State Governments and Union Territory Administrations under the supervision of the Central Government.

5. The Authority shall function under the administrative control of Government of India in the Ministry of Agriculture, with its headquarters at Delhi.

6. The terms and conditions of appointment of the Chairperson and members shall be as determined by the Central Government from time to time.

[F. No. L-11011/12/94-IA-III]

R. H. KHWAJA, Jt. Secy.