Coastal Regulation Zone and restrictions on setting up of industries, operations and processes

NOTIFICATION

(New Delhi, the 5th August, 1999)


S.O.629(E). The following draft notification further to amend the notification of the Government of India in the Ministry of Environment and Forests number S.O.114(E), dated 19th February, 1991, which the Central Government proposes to make in exercise of the powers conferred by sections 3 and 6 of the Environment (Protection) Act, 1986 (29 of 1986) read with clause (c) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, is hereby given that the said draft notification shall be taken into consideration after the expiry of a period of sixty days from the date on which copies of Gazette of India containing this notification are made available to the public;

Any person desirous of making any suggestion or objection in respect of the said draft notification may forward the same for consideration of the Central Government within the period so specified to the Secretary to the Government of India, Ministry of Environment and Forests, Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi 110003.

Draft Notification

Whereas by notification of the Government of India in the Ministry of Environment 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 and restrictions were imposed on the setting up and expansion of industries, operations and processes in the said Zone;

And, whereas, it has been brought to the notice of the Central Government that difficulties are being faced by the inhabitants of the areas falling within the said Zone and there is a need for infrastructural facilities in these areas;

And, whereas, the Central Government is of the opinion that the said notification required amendment, after its deliberations with the concerned Ministries of the Government of India and the State Government to permit oil and natural gas exploration, receipt, storage and regasification of Liquefied Natural Gas and salt harvesting by solar evaporation of sea water in the said zone;

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 and section 6 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following amendments further to amend the said notification, namely:-

In the said notification, -

(a) in paragraph 1, sub-paragraph (3), -

(i) the lines beginning with "For the purposes of this notification" and ending with "general guidelines issued in this regard", shall be numbered as clause (1) thereof;

(ii) after clause (I) as so numbered, for the existing Note and the entries relating thereto, the following clauses shall be substituted, namely:-

(II) The distance from the High Tide Line shall apply to both sides in the case of rivers, creeks and backwaters and may be modified on a case to case basis for reasons to be recorded while preparing the Coastal Zone Management Plans. However, this distance shall not be less than 100 meters or the width of the creek, river or backwater whichever is less. The distance upto which development along rivers, creeks and backwaters is to be regulated shall be governed by the distance upto which tidal effect of sea is experienced in rivers, creeks or backwaters, as the case may be, and shall be clearly identified in the Coastal Zone Management Plans.

(III) The distance mentioned in clause (II) above, may be reduced to 50 metres or the width of the rivers, creeks and backwaters, whichever is less, for specified stretches, by the central Government or any authority designated by it, for permitting construction of dwelling units for local inhabitants if,-

(i) the area is not classified as (CRZ-I),

(ii) the availability of ground water is assured by the concerned authority in the State/Union territory and proper facilities for treatment and disposal of waste water and sewage are certified by the concerned local authority,

(iii) the proposed construction is not used for any commercial activity, and

(iv) at least one of the following conditions is fulfilled:

(a) the area is classified as (CRZ-II),

(b) the density of population, as per the 1991 census, in the Panchayat/Ward area is not less than four hundred persons per square kilometre,

(c) the built-up area in the Panchayat/Ward is already one-third or more of the total area of the Panchayat/Ward,

(d) the coastal land is a barrier island, sand bar or spit sandwiched between the sea or bay and rivers, in creeks and backwaters or between rivers, creeks and backwaters, provided that the average width of the barrier island, sand bar or spit is less than 1000 metres.

(e) It is an area with an elevation of more than 10 metres from the Mean Sea Level at any point within 100 metres of the inland tidal water body.

Note: The term local inhabitant, used in this clause and elsewhere in the notification, shall be construed as a person or his descendants who have been inhabiting in the area prior to the 19th February, 1991;

(b) in paragraph 2, in sub-paragraph (ii), for the existing provision, the following shall be substituted, namely:-

"Provided that the Central government, may permit-

(i) facilities for storage of the petroleum products as specified in Annexure-III appended to this notification, within the said Zone in areas not classified as (CRZ-I), subject to implementation of safety regulations including guidelines issued by the Oil Safety Directorate in the Government of India, Ministry of Petroleum and Natural Gas and such permission may, -

(a) be accorded by the Ministry of Environment and Forests to facilities for storage that are wholly or partially outside the existing port limits of existing ports and to the dedicated storage facilities which form a part of an integrated project, irrespective of falling within or outside the port limits; and

(b) be accorded by the Government of India in the Ministry of Environment and Forests or the Ministry of Surface transport to facilities for storage that are within the existing port limits of existing ports.

Explanation: For the purpose of facilities for storage, the port limits as notified till the notification of the Government of India in the Ministry of Environment and Forests number S.O.494(E), dated the 9th July, 1997 shall be applicable.

(ii) facilities for receipt, storage and regasification of Liquefied Natural Gas within the said Zone in areas not classified as (CRZ-I), subject to implementation of safety regulations including guidelines issued by the Oil Safety Directorate in the Government of India, Ministry of Petroleum and Natural Gas and guidelines issued by the Ministry of Environment and Forests;

(c) in paragraph 3, in sub-paragraph (2), after clause (ii), the following clause shall be inserted, namely:

(ii)a Exploration of extraction of oil and natural gas;

(d) in Annexure I, in paragraph 6, in sub-paragraph (2), -

(i) under the marginal heading CRZ-I, -

(a) for the words "No construction activity, except as listed under 2(xii), will be permitted between the Low Tide Line and the High Tide Line" the following shall be substituted, namely:

"No construction activity, except for salt harvesting by solar evaporation of sea water and as listed under sub-paragraph (xii) of paragraph 2 of this notification shall be permitted between the Low Tide Line and the High Tide Line.

Provided that such salt harvesting shall not be permissible in inter-tidal areas defined and covered under clauses (i) of the marginal heading category I (CRZ-I)"

(b) in the existing proviso, after the word "Provided", the word "further" shall be inserted;

(ii) under the marginal heading CRZ-III, -

(a) in clause (i), the words beginning with "An authority designated" and ending with " requirements of local inhabitants," shall be omitted;

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

(ia) Construction of dispensaries, schools, public rain shelters, community toilets, bridges, roads, and provision of facilities for water supply, drainage, sewerage which are required for the local inhabitants, may be permitted, on a case to case basis, by the Central Government or State Government or any designated authority:

Provided that construction of units or mechanisms for domestic sewage treatment and disposal shall be permissible not withstanding anything contained in sub-paragraph (iv) of paragraph 2 of this notification.

(ib) Construction of dwelling units for use by local inhabitants may be permitted, on a case to case basis, by the Central Government or State Government or any designated authority:

Provided that such construction shall be subject to the following conditions:

(i) the height of an individual unit shall be restricted to 4.5 m and total plinth area shall be limited to 100 sq.m.;

(ii) the individual dwelling unit must be constructed by the local inhabitant for his bonafide residential purposes;

(iii) where settlements are existing in clusters, new dwellings may be allowed adjacent to the existing cluster of settlement landward of the line of existing structures provided that the total number of dwelling units shall not be more than twice the number of existing dwelling units; and

(iv) subject to the conditions listed at (i), (ii) and (iii) above, all other conditions as laid down in clause (iii) of the marginal heading CRZ-III of sub-paragraph (2) of paragraph 6 relating to construction of dwelling units shall apply.

(c) in clause (iii), for the words "Construction/reconstruction of dwelling units between 200 to 500 metres of the High Tide Line permitted so long as it is within the ambit of traditional rights and customary uses such as existing fishing villages and goathans", the following shall be substituted, namely:-

"Construction or reconstruction of dwelling units between 200 and 500 metres of the High Tide Line for the use of local inhabitants shall be permitted".

(d) At the end of clause (iv), the following proviso shall be inserted, namely:-

"Provide that the horizontal extension dwelling units may be allowed on the ground floor on the landward side subject to the condition that the total plinth area of the dwelling unit shall not exceed 100 sq.m."

[F.No.H-11011/6/97-IA-III]

V. Rajagopalan, Jt. Secy.