Traditional use of coasts such as fish drying and the immense social and cultural importance of this region for the local fishing communities. Associated industries such as thermal power plants and tourism also pose a threat to the coasts.
OBJECT ORIENTATION in CRZ Notification. by-G.D. Chiplunkar
Presentation on the CRZ 2011: Business as usual? by-Marianne Manuel
1. The CRZ 2011
- business as usual?
Marianne Manuel
Research Associate
Dakshin Foundation
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2. Dakshin
Our Mission
To inform and advocate conservation and natural resource management,
while promoting and supporting sustainable livelihoods, social
development and environmental justice
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15. • Environment Protection Act, 1986
- Coastal Regulation Zone Notification,1991 now 2011
- Environment Impact Assessment Notification, 2006
- Ecologically Sensitive Area notifications
•Wildlife Protection Act, 1972
•Water (Prevention of Pollution) Act, 1974
•State Marine Fisheries Regulation Acts
A few rules...
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16. History of the CRZ
• 1991 – CRZ notification
• 1991-2009 – Amendments
• 2008 – Draft CMZ Notification
• 2010 – Draft CRZ Notification
• 2011 – new CRZ Notification
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17.
18. CRZ 1991:
The coastal stretches of seas, bays, estuaries, creeks, rivers and
backwaters which are influenced by tidal action (in the landward side)
upto 500 metres from the High Tide Line (HTL) and the land between the
Low Tide Line (LTL) and the HTL.
CRZ 2011:
•Land area from High Tide Line to 500mts on the landward side along the
sea front
•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 ...based
on salinity concentration of 5 parts per thousand (ppt) measured during
the driest period of the year.
•The inter-tidal area (LTL-HTL).
•The land area falling between the hazard line and 500mts from HTL on
the landward side
•The water and the bed area between the LTL to the territorial water limit
(12 Nm)
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Areas under the CRZ notification
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Key differences in CRZ 1991 and 2011
Activity 1991 CRZ 2011 CRZ
Industry Setting up of new
industries and expansion
of existing industries is
prohibited, except
1.those directly related
to water front or directly
needing foreshore
facilities
Setting up of new industries and expansion of
existing industries except -
1.those directly related to waterfront or directly
needing foreshore facilities;
2.projects of Department of Atomic Energy;
3.facilities for generating power by non-
conventional energy sources and setting up of
desalination plants in the areas not classified as
CRZ-I(i) based on an impact assessment study
including social impacts.;
4.development of green field Airport already
permitted only at Navi Mumbai;
5.reconstruction, repair works of dwelling units of
local communities including fishers in accordance
with local town and country planning regulation
20. CRZ IV – territorial waters
Introduction of CRZ V areas - Areas requiring special consideration
1.Greater Mumbai
2.Kerala
3.Goa
4.Critically Vulnerable Coastal Areas - the process of identifying
planning, notifying and implementing CVCA shall be detailed in the
guideline which will be developed and notified by MoEF in consultations
with the stakeholders like the State Government, local coastal communities
and fisherfolk and the like inhabiting the area.
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Key differences in CRZ 1991 and 2011
21. • Hazard line
• District Level Committees
• Procedural details for obtaining clearances
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Key differences in CRZ 1991 and 2011
22. 1. Baseline documents - CZMPs, HTL, hazard line
2. EIA Notification
3. CZMAs
4. Action taken on violations
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Implementation of the CRZ 2011
23. HTL and LTL demarcation – to be carried out by one of the agencies
authorised by MoEF based on the recommendations of the National Centre
for Sustainable Coastal Management (NCSCM).
HTL – to be demarcated within one year, Hazard Line demarcation - SoI
Earlier CZMP in operation – Revised and fully approved ?
Discharge of untreated waste and effluents from industries, towns and cities
is prohibited – Implement schemes to phases this out within two years from
Jan 2011.
City, town and Industrial waste dumping for the purpose of landfilling to be
phased out within one year from Jan 2011.
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Implementation of the CRZ 2011
24. •The permissions for ports and harbours in eroding stretches ( 3. xiii)
•Preparation of Rapid and comprehensive EIAs mandated by this
notification (4.2(i)(b,c).
•Activities that are governed by the EIA Notification (4. b) require
CZMA recommendations but are dependent on that law's
implementation processes.
The post clearance monitoring and compliance reports are also
drawn from the EIA Notification
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EIA Notification related clauses:
Implementation of CRZ
25. 1986-2004: Total projects cleared
4016.
2003: total projects cleared 223
Projects with Monitoring Report: 93.
Above 90% compliance: 7
25Implementation of CRZ
26. CZMAs and public participation:
6. (c) the State Government or the Union territory CZMAs shall
primarily be responsible for enforcing and monitoring of this
notification and to assist in this task, the State Government and the
Union territory shall constitute district level Committees under the
Chairmanship of the District Magistrate concerned containing atleast
three representatives of local traditional coastal communities including
from fisherfolk;
A comprehensive plan for treatment of seewage generating from the
coastal towns and cities to be formulated within aperiod of 1 year in
consultation with stakeholders including traditional coastal communities,
traditional fisherfolk. (Sec. 8 (iv))
Current status of DCZMAs - ?
Public involvement - 4(i)(e) MoEF may under a specific or general
order specify projects which require prior public hearing of project
affected people. Not been done.
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CZMAs
Implementation of CRZ
27. On 25 January 2011 MoEF issued directions to the CZMAs of all
states and UTs to identify all violations to the 1991 notification, and
to take necessary action, within a period of eight months.
Action taken: CZMAs to upload information about violations
identified and the actions taken, on their websites every fortnight.
Website information – nil
Practical difficulties faced by local groups when trying to identify
violations
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Actions taken on violations
Implementation of CRZ
28. Problems with the CRZ notification
• Legalised many of the amendments made to the CRZ 1991 – ushering in
industrial development and rendering the CRZ in many ways almost
meaningless
• No finally approved CZMPs and maps under the CRZ 1991, to be referred
during the interim period while CZMPs under CRZ 2011 are being prepared
(initial date for submission – one year from date of CRZ 1991 notification)
• Ambiguity of terms such as ‘traditional coastal community, including
fisherfolk’, ‘ traditional fishing and allied activities’, between the CRZ and other
laws etc
•No consolidated document with amendments, court orders etc.
• Near zero implementation, and even less action taken – lack of
accountability
•Several deadlines already passed – violation mapping, waste management
• Multiple interpretations from legal cases and by implementing authority28
29. Demands of coastal community groups / NGOs
• Revert to the 1991 notification without its amendments
• Take stock and action against all CRZ violations on the coast
• Need for a cumulative impact assessment of pressures posed by
existing development
• Recognise the rights of the fisher communities to manage and monitor
coastal spaces – give DLCs defined roles and powers, fisherfolk
representation on the SCZMAs and NCZMAs
• Create accountability at all levels
• Work towards a process to bring in a Coastal Fisherfolk Land Rights Bill
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Hinweis der Redaktion
8000 km – including ANI and Lakshadweep 3.57 million fishermen who depend on the coast
Shared space
7km seawall – 40 crores – erosion transferred to TN
Each TPP comes with a proposed captive jetty or ports to dock ships with imported coal. In Maharashtra, there are 15 proposed coal-fired power projects equaling 25 GW of power and 8 captive ports to be built on a narrow strip of coastal land 50 km wide and 120 km long
around 25 amendments along with 4 corrigenda (until 15 th May 2009) were passed by the Ministry of Environment and Forests (MoEF) which introduced new clauses effectively diluting the protective mechanisms set in place by the notification. Each amendment shredded the original protective cloak allowing the entry of new projects on the coast such as projects of the Department of Atomic Energy (read nuclear power plants), elevated roads and sea links, IT industries and service industries, even SEZs, desalination plants and perfunctory extensions to sand mining in the fragile Andaman and Nicobar Islands (ANI). The cloak itself was shorn short when the ‘No Development Zone’ (NDZ) rule in CRZ -III areas (rural areas) in the ANI and the Lakshadweep islands was relaxed
CRz 1991 – no construction except dispensaries schools, water supply drainage required for Sunderbans
However as the petition filed by the Indian Council for Enviro-legal Action in 1996 shows, the initial drafts were only prepared after a Supreme Court directive in 1995. Even this directive was not fully complied with, as the few plans that were submitted by various States had been rejected by the Central Government. It fell to the Supreme Court to once again direct the States and Union territories in 1996 to submit their revised plans within the new deadline given. Despite this, we still do not have fully-approved CRZ maps as per the provisions of the 1991 notification. This past track record as well as information on the current progress being made on the CZMPs for the CRZ 2011, does not inspire much faith in the States’ ability to meet the CRZ 2011 deadline, namely Jan 2013.