Friday 19 August 2011

FAQ on the Coastal Regulation Zone Notification, 2011 and Island Protection Zone Notification, 2011

I. General
1.  Why is there a need for a Coastal Regulation Zone Notifi cation,
2011?
The Ministry of Environment and Forests had issued the Coastal Regulation
Zone (CRZ) Notifi cation on 19.2.1991 under the Environment (Protection) Act,
1986, with the aim to provide comprehensive measures for the protection and
conservation of our coastal environment. However, over the last two decades the
following issues emerged while implementing the 1991 Notifi cation:
•  The 1991 Notifi cation stipulated uniform regulations for the entire Indian
coastline which includes 5500 Km coastline of the mainland and 2000 Km
of coastline of the islands of Andaman & Nicobar and Lakshadweep. It,
therefore, failed to take into account that the Indian coastline is highly diverse
in terms of biodiversity, hydrodynamic conditions, demographic patterns,
natural resources, geomorphological and geological features.
•  In the 1991 Notifi cation, no clear procedure for obtaining CRZ clearance was
laid down and no time lines stipulated. Furthermore, there was no format
given for the submission of clearance applications.
•  It may be noted that the 1991 Notifi cation, also did not provide a post
clearance monitoring mechanism or a clear cut enforcement mechanism to
check violations.
•  The 1991 Notifi cation sought to regulate all developmental activities in the
inter-tidal area and within 500 metres on the landward side. No concrete
steps were indicated in the 1991 Notifi cation with regard to the pollution
emanating from land based activities.
•  The restrictive nature of the 1991 Notifi cation caused hardships to the persons/
communities living in certain ecologically sensitive coastal stretches. These
included slum dwellers and other persons living in dilapidated and unsafe 2
buildings in Mumbai, communities living in islands in the backwaters of
Kerala, local communities living along the coast of Goa and other traditional
coastal inhabitants.
•  The 1991 Notifi cation has been amended almost 25 times in consideration
of requests made by various State Governments, Central Ministries, NGOs
etc. In addition, there are also several offi ce orders issued by Ministry of
Environment and Forests clarifying certain provisions. The frequent changes
to the 1991 Notifi cation have been consolidated in the 2011 Notifi cation.
The 2011 Notifi cation takes into account and address all the above issues in a
comprehensive manner, relying on the recommendations made in the “Final
Frontier” Report by the Committee chaired by Dr. M.S. Swaminathan on Coastal
Regulation and the fi ndings of the various consultations held in various coastal
States and Union territories. The Minister of State (I/C) personally presided over
the consultations in Goa, Chennai, Puri, Kochi and Mumbai.
2.  What are the objectives of the Coastal Regulation Zone
Notifi cation, 2011?
The main objectives of the Coastal Regulation Zone Notifi cation, 2011 are:
•  To ensure livelihood security to the fi shing communities and other local
communities living in the coastal areas;
•  To conserve and protect coastal stretches and;
•  To promote development in a sustainable manner based on scientifi c
principles, taking into account the dangers of natural hazards in the coastal
areas and sea level rise due to global warming. 3
II. Identifi cation and Classifi cation of CRZ
Areas under the 2011 Notifi cation
1. How have the coastal zones been classifi ed under the 2011
Notifi cation?
In the 1991 Notifi cation the CRZ area was classifi ed as CRZ-I (ecological sensitive),
CRZ-II (built-up area), CRZ-III (Rural area) and CRZ-IV (water area). In the 2011
Notifi cation the above classifi cation is retained. The only change is the inclusion
of CRZ-IV, which includes the water areas upto the territorial waters and the tidalinfl uenced water bodies.
For the very fi rst time, a separate draft Island Protection Zone Notifi cation has
been issued for protection of the islands of Andaman & Nicobar and Lakshadweep
under Environment (Protection) Act, 1986.
2.  What are the coastal areas that qualify as falling within the CRZ-I
category?
The CRZ Notifi cation, 2011 clearly lists out the areas that fall within the category
of CRZ-I. It includes:-
(i) Ecologically sensitive areas and the geomorphological features that play a
primary role in maintaining the integrity of the coast. 
•  Mangroves, in case mangrove area is more than 1000 square metres, a buffer
area of 50 metres shall be provided;
•  Corals and coral reefs and associated biodiversity;
•  Sand Dunes;
•  Mudfl ats which are biologically active;
•  National parks, marine parks, sanctuaries, reserve forests, wildlife habitats
and other protected areas under the provisions of Wild Life (Protection)
Act, 1972 (53 of 1972), the Forest (Conservation) Act, 1980 (69 of 1980)
or Environment (Protection) Act, 1986 (29 of 1986); including Biosphere
Reserves encompassing;
 ~ Salt Marshes;
 ~ Turtle nesting grounds;
 ~ Horse shoe crabs habitats;4
 ~ Sea grass beds;
 ~ Nesting grounds of birds;
 ~ Areas or structures of archaeological importance and heritage sites;
(ii)  The area between Low Tide Line and High Tide Line.
3.  What are the activities permissible in CRZ-I?
The activities permitted in CRZ-I under the 2011 Notifi cation are the activities
that were permissible under the 1991 Notifi cation as amended from time to time.
These relate to the following:-
(i)  No new construction shall be permitted in CRZ-I except;
•  Projects relating to the Department of Atomic Energy;
•  Pipelines, conveying systems including transmission lines;
•  Facilities that are essential for activities permissible under CRZ-I;
•  Installation of weather radar for monitoring of cyclones movement and  
prediction by the Indian Meteorological Department;
•  Construction of trans-harbour sea link and roads on stilts or pillars  
without affecting the tidal fl ow of water, between LTL and HTL.
•  Development of green fi eld airport already permitted at only   
Navi Mumbai;
(ii)  Between Low Tide Line and High Tide Line in areas which are not ecologically
sensitive, the following may be permitted;
•  Exploration and extraction of natural gas;
•  Construction of dispensaries, schools, public rain shelter, community
toilets, bridges, roads, jetties, water supply, drainage, sewerage which
are required to meet the needs of traditional inhabitants living within the
biosphere reserves after obtaining approval from concerned CZMA.
•  Salt harvesting by solar evaporation of seawater;
•  Desalination plants;
•  Storage of non-hazardous cargo such as edible oil, fertilizers and food
grain within notifi ed ports;5
•  Construction of trans-harbour sea links, roads on stilts or pillars without
affecting the tidal fl ow of water.
4. What are the coastal areas that qualify as falling within the CRZ-II
category?
The Notifi cation defi nes CRZ-II as the areas which are developed upto or close to
the shoreline and falling within municipal limits.
5. What are the activities permissible in CRZ-II areas?
Buildings are permissible on the landward side of the existing road, authorized
structure or hazardous line where there are no authorised structures. Other
activities such as desalination plants and storage of non-hazardous cargo are also
permissible. The Floor Space Index and Floor Area Ratio for construction projects
shall be as on 19.2.1991 except for those specifi ed in the CRZ Notifi cation,
2011 which is mainly for slum redevelopment and redevelopment of dilapidated
structures.
6.  What are the coastal areas that qualify as falling within the CRZ-III
category? What are the activities permitted in these areas?
CRZ-III areas are those areas that are relatively undisturbed and do not fall under
either in Category I or II and also include rural and urban areas that are not
substantially developed.
All permissible activities for CRZ-III as listed in the CRZ Notifi cation, 1991 are
retained in the Notifi cation. Between 0-200 metres from HTL is a No Development
Zone where no construction shall be permitted. Only certain activities relating to
agriculture, horticulture, gardens, pasture, parks, play fi eld, forestry, projects of
Department of Atomic Energy, mining of rare minerals, salt manufacture from
seawater, facilities for receipt, storage, regasifi cation of petroleum products and
liquefi ed natural gas, facilities for generating power by non-conventional energy
sources and certain public facilities may be permitted in this zone.
Between 200-500 metres of HTL, construction and repair of houses of local
communities, tourism projects including green fi eld airport at Navi Mumbai,
facilities for receipt, storage, degasifi cation of petroleum products and liquefi ed
natural gas, storage of non-hazardous cargo, desalination plants, facilities for
generating power by non-conventional energy sources are permissible6
7.  What are the coastal areas that qualify as falling within the CRZ-IV
category??
The aquatic area from low tide line upto territorial limits is classifi ed as CRZ-IV
including the area of the tidal infl uenced water body.
8. What are the activities permissible in the CRZ-IV?
In CRZ-IV areas, there is no restriction on the traditional fi shing and allied activities
undertaken by local communities. However, no untreated sewage, effl uents or
solid waste shall be let off or dumped in these areas. A comprehensive plan for
treatment of sewage generating from the city must be formulated within a period
of one year from the date of issue of this Notifi cation and be implemented within
two years thereafter.
III. Special Provisions for the Fisherfolk
Communities
1.  What are the new provisions contained in the 2011 Notifi cation to
benefi t the fi sher-folk community?
Since the fi shing communities traditionally live in the coastal areas, they have
been given primary importance when drafting the CRZ Notifi cation 2011.
One of the stated objectives of the Notifi cation is “to ensure livelihood security to
the fi sher communities and other local communities, living in the coastal areas…
and to promote development through sustainable manner based on scientifi c
principles taking into account the dangers of natural hazards in the coastal areas,
sea level rise due to global warming.”
The following are the provisions in the 2011 Notifi cation that address the issues
relating to fi shermen community:-
(i)  Water area up to 12 nautical miles and the tidal infl uenced water bodies have
been included under the Coastal Regulation Zone areas in order to:
•  control the discharge of untreated sewage, effl uents and the disposal of
solid wastes as such activities endanger the fi sh and their ecosystem;
•  Conserve and protect habitats in the marine area such as corals and
coral reefs and associated biodiversity, marine sanctuaries and biosphere 7
reserves, sea grass beds etc. which act as spawning, nursery and rearing
grounds for fi sh and fi sheries;
•  Regulate activities in the marine and coastal waters such as dredging,
sand mining, discharge of waste from ships, construction like groynes,
breakwaters, etc. including reclamation which have serious impacts on
fi shing and allied activities;
•  Enable studies of the coastal and marine waters with regard to the impact
of climate change and the occurrence of disasters which have serious
impacts on the livelihood and property of the fi sher-folk communities;
It may be noted that  no restrictions are being imposed on any fi shing
activities and allied activities of the traditional fi shing communities in this
area.
(ii)  At several coastal stretches of the country the fi shermen and their dwelling
units are in danger due to erosion which is occurring primarily due to
manmade activities. The development of such manmade foreshore activities
shall be regulated after identifying and demarcating the coast as falling in
the high eroding category, the medium eroding category or the stable sites
category.
(iii)  While preparing the Coastal Zone Management Plans the infrastructures
essential for fi shing communities must be clearly demarcated and fi shing
Zones in the water bodies and the fi sh breeding areas shall also be clearly
marked.
(iv) The 2011 Notifi cation requires the Coastal Zone Management Authorities
to invite comments on the draft Coastal Zone Management Plan from
stakeholders. This will ensure that for the fi rst time, local communities
including fi shermen communities, will have a say in the preparation of the
CZMPs.
(v)  The Notifi cation allows infrastructural facilities for the local fi shing communities
to be constructed in the CRZ-III area.
(vi) Reconstruction, repair works of dwelling units of local communities including
fi sheries in accordance with local Town and Country Planning Regulations
has been made permissible.
(vii) In CRZ-III areas where 0-200 metres is a No Development Zone (NDZ), to meet
the demands of dwelling units of traditional coastal communities including 8
fi sher-folk, the NDZ has been reduced to 100 metres. Hence, dwelling units
of such communities can be constructed 100-200 metres from High Tide
Line along the seafront with the approval of the State Government and the
MoEF.
2. What are some of the state specifi c provisions made in the 2011
Notifi cation for the Fisherfolk Community?
Special provisions have also been incorporated for the fi shermen communities
living along the coastal areas in Maharashtra, Goa, Kerala, Sunderban and other
ecologically sensitive areas.
•  Greater Mumbai: For the traditional fi shing communities (namely, the
Koliwadas) living in Greater Mumbai a provision has been provided, wherein,
the area concerned shall be mapped and declared as CRZ-III and development
including construction and reconstruction can be taken up as per local Town
and Country Planning Regulations.
•  Goa: The Government of Goa shall survey and map the fi shing villages all along
the Goa coast and all facilities required for fi shing and allied activities shall
be provided. As per the CRZ Notifi cation, 1991, expansion/reconstruction/
repair of dwelling units of local communities in CRZ areas were viewed as
violations of the Notifi cation if the requisite permission had not been taken
from the authorities. Such units (approximately 5,000) were ordered to
be demolished by the Hon’ble High Court of Bombay. However,  the 2011
Notifi cation provides that reconstruction and repair of the structures of local
communities shall also be permissible in CRZ areas.
•  Kerala: The CRZ area in Kerala is reduced to 50 metres from High Tide Line
(HTL) on the landward side. This area is a ‘No Development Zone’ where
no new constructions can be carried out. However, dwelling units of local
communities within this area may be repaired and reconstructed. Necessary
foreshore facilities such as fi shing jetty, fi sh drying yards, net mending yard,
fi shing processing by traditional methods, boat building yards, ice plant, boat
repairs etc. can also be constructed within the 0-50 metres area. Beyond
50 metres from HTL on the landward side, dwelling units of local communities
may be constructed with the permission of the local panchayat.
•  Sunderban: In order to regulate development in Sunderban and other
ecologically sensitive areas, and to take up conservation and protection of 9
these areas for the benefi t of local communities an integrated management
plan (IMP) is required to be prepared in consultation with the communities.
The housing needs of the local communities including fi sherfolk who are
living in such ecologically sensitive areas shall be also addressed in the IMP.
IV. Measures to Combat Pollution
1.  What are the provisions in the 2011 Notifi cation for the prevention
of pollution in coastal areas/coastal waters?
The 2011 Notifi cation lists out certain measures that have to be taken to prevent
pollution in the coastal areas/coastal waters. The disposal of wastes and effl uents
into coastal waters is a prohibited activity. All coastal states are required to ensure
that:
•  the existing practice of discharging untreated waste and effl uents is phased
out within a period not exceeding two years.
•  Dumping of solid waste is phased out within one year from the commencement
of the Notifi cation.
•  An Action Plan is to prepared for dealing with pollution in coastal areas and
waters and in a time bound manner.
•  The Action Plan is submitted to MoEF who would provide technical and
fi nancial assistance.
V. Procedure for Clearances
1. What is the clearance procedure laid down under the 2011
Notifi cation?
Unlike the 1991 Notifi cation which did not lay down the process for obtaining
CRZ clearance, a specifi c procedure has been provided in the 2011 Notifi cation
for obtaining such clearance. This procedure is as follows:
(i)  The project authorities shall submit the proposal to the concerned State/UT
CZMA along with the following documents/reports,-
•  Form-1 (Annexure-IV of the Notifi cation);10
•  Rapid Environment Impact Assessment (EIA) Report including marine
and terrestrial EIA. Comprehensive EIA and cumulative studies for port
and foreshore requiring projects as per guidelines issued by MoEF from
time to time;
•  Disaster Management Report and Risk Management Report;
•  CRZ map indicating HTL and LTL demarcated by an authorized agency
(1:4000 scale);
•  Project layout superimposed on the above mentioned map;
•  The CRZ map shall normally indicate a 7km radius around the project
site.
•  The CRZ map shall indicate the CRZ-I, II, III and IV areas;
•  No Objection Certifi cate from the concerned Pollution Control Boards
or Committees for the projects which envisage discharge of effl uents,
solid wastes, sewage etc. (NOC from the Pollution Control Boards or
Committees has been made mandatory in view to minimize pollution in
the coastal waters)
(ii)  The concerned CZMA shall examine the above documents in accordance
with the approved CZMP and CRZ Notifi cation and make recommendations
within a period of sixty days from date of receipt of above document to,-
•  SEAC or EAC in case of the project attracting EIA Notifi cation, 2006;
•  MoEF or State Government for the project attracting CRZ Notifi cation;
(iii) MoEF or State Government shall consider such projects based on the
recommendations of the concerned CZMA within a period of sixty days.
2. How long is this clearance valid?
The clearance accorded to the projects under the 2011 Notifi cation shall be valid
for the period of fi ve years from the date of issue of such clearance.
3. What is the post-clearance monitoring mechanism?
Once the clearance has been accorded to projects under the 2011 Notifi cation,
the following post clearance mechanism kicks in:
•  It shall be mandatory for the project management to submit half-yearly 11
compliance reports in respect of the terms and conditions stipulated for
granting environmental clearance in hard and soft copies to the concerned
regulatory authority, on 1st June and 31st December of each calendar year;
•  All such compliance reports submitted by the project management shall be
public documents;
•  Copies of the same shall be given to any person on application to the
concerned regulatory authority;
•  The latest compliance report shall also be displayed on the website of the
concerned regulatory authority and shall be valid for the period of fi ve years
from the date of issue of clearance.
VI. Enforcement Measures
1. What is the mechanism of enforcement prescribed under the 2011
Notifi cation?
The CRZ Notifi cation, 1991 did not indicate the enforcement mechanism. This
was one of the major drawbacks of the Notifi cation and also the primary reason
for the large number of violations. The CRZ Notifi cation, 2011 lays out the method
and the time frame in which actions shall be taken against any violations of the
Notifi cation. The CZMAs at the State level and the NCZMA, at the Central level
shall be strengthened in a time bound manner and their capacities enhanced by
MoEF for effectively enforcing the Notifi cation. The violation shall be identifi ed
by using latest appropriate maps, satellite imagery and information technology
within a period of four months from date of issue of the 2011 Notifi cation and
necessary action will be initiated in accordance with the Environment (Protection)
Act, 1986 within a period of four months thereafter.
2. What further measures have been taken to ensure transparency?
To ensure transparency in the working of the CZMAs, the Coastal Zone
Management Authority has to create a website and post on such website the
agendas, minutes, decision taken, clearance letters, violations, action taken,
court cases etc. including the CZMPs. (Such provisions were not provided for in
the CRZ Notifi cation, 1991.)12
VII. Special Provisions for Specifi c
Coastal Stretches
1. What are the areas requiring special consideration?
The 1991 Notifi cation provided for the uniform regulation of the coastal areas
in the entire country irrespective of the environmental diversity, socio-economic
conditions, developmental pressures etc. In the 2011 Notifi cation special
provisions have been inserted, keeping in view the diverse problems faced by
local communities like those individuals living in slums, those inhabiting old
and unsafe buildings in Mumbai, people living in islands in the backwaters in
Kerala, local communities living in the coast of Goa and the communities living in
ecologically sensitive areas of the Sunderban etc.
2. What are the special dispensations given to Greater Mumbai?
Keeping in mind the fact the Mumbai faces some unique environmental and
social issues the following provisions have been drafted:
 A. CRZ-I areas:
•  All approved roads and links must be constructed on silts to ensure free
fl ow of tidal waters.
•  Five times the number of mangroves destroyed/cut during the above
construction process shall be replanted.
•  Within one year of issue of this Notifi cation, all mangrove areas must be
mapped, notifi ed and measures for conservation must be initiated, solid
disposal sites must be relocated outside CRZ area and an action plan
must be launched to protect habitations and structures located on the
seaward side of the hazard line.
 B. CRZ-II area:
•  The State Government may undertake slum redevelopment schemes
in the CRZ-II areas in compliance with the Floor Space Index or Floor
Area Ratio as specifi ed in the Town and Country Planning Regulations,
prevailing as on the date of the project being sanctioned. However, the
stake of the State Government or its agencies shall not be less than 51%
in such projects.13
•  Redevelopment and reconstruction of old, dilapidated, and unsafe
buildings in the CRZ-II area shall be allowed. All such projects must
be taken up by the owners of the buildings, directly or with private
developers. All construction must be in accordance with the Town and
Country Planning Regulations prevailing as on the date on which the
project is granted approval by the competent authority.
•  In order to protect and preserve the ‘green lung’ of the Greater Mumbai
area, all open spaces, parks, gardens, playgrounds indicated in
development plans within CRZ-II shall be categorized as CRZ-III, that is,
‘no development zone’. Only construction of civic amenities and facilities
for recreational sports shall be permitted if the fl oor index is upto 15%.
Residential and commercial use of such spaces is prohibited.
•  Reconstruction and repair of the dwelling units belonging to local
communities in CRZ-II areas shall be permitted by the Competent
Authorities on a priority basis.
•  Fishing settlement areas including Koliwada, and those identifi ed in
the Development Plan of 1981 or relevant records of the Government
of Maharashtra, shall be mapped and declared as CRZ-III so that any
development, including construction and reconstruction of dwelling
units within these settlements shall be undertaken in accordance with
applicable local Town and Country Planning Regulations.
3. What is the mechanism to ensure that no malpractice takes place on
account of such special dispensation for Greater Mumbai?
In order to ensure that the redevelopment of slums and dilapidated structures in
Mumbai are done in the most transparent and accountable manner, the following
measures are provided:-
•  The Right to Information Act, 2005 shall be applicable to all redevelopment or
reconstruction projects granted clearance by the Competent Authorities.
•  Auditing shall be done by the offi ce of the Comptroller and Auditor General
(C&AG) of India in case of projects relating to slum redevelopment and
by the empanelled statutory auditor of C&AG in case of redevelopment of
dilapidated, cessed and unsafe structures.14
•  A High Level Oversight Committee shall be set up for periodic review by
the Government of Maharashtra. This Committee shall include eminent
representatives of like Architects, Urban Planners, Engineers, and members
of Civil Society, besides the local urban bodies, the State Government and the
Central Government.
4. What are the special dispensations given to Kerala?
Kerala has one of the most unique coastal environments wherein more than
300 islands are located within its backwaters. Keeping in view the distinctive
geographical layout of Kerala, special allowances have been provided for coastal
stretches of Kerala in the Notifi cation.
Since the islands in the backwaters of Kerala are narrow stretches of land, the
CRZ area is reduced to 50 metres from HTL on the landward side. This area is a
‘No Development Zone’ where no new constructions can be carried out. Existing
dwelling units of local communities within this area may however be  repaired
and reconstructed. Necessary foreshore facilities such as fi shing jetty, fi sh drying
yards, net mending yard, fi shing processing by traditional methods, boat building
yards, ice plant, boat repairs etc. can also be constructed within the 0-50 metres
area. Beyond 50 metres from HTL on the landward side, dwelling units of local
communities may be constructed with the permission of the local panchayat.
5. What are the special dispensations given to Sunderban and other
ecologically sensitive areas?
Sunderban is the largest mangrove area in the country. Nearly 5 lakh people live
within the biosphere itself. Sunderban is being greatly affected by the rising sea
levels and changing weather patterns caused by climate change. Further, the local
communities face immense hardship due to lack of infrastructure facilities. An
integrated management plan is proposed to be drawn up, under the Notifi cation,
for Sunderban and such ecologically important areas such as Gulf of Khambat
and Gulf of Kutch in Gujarat, Malvan, Achra- Ratnagiri in Maharashtra, Karwar and
Coondapur in Karnataka, Vembanad in Kerala, Bhaitarkanika in Orissa, Coringa,
East Godavari and Krishna in Andhra Pradesh. These areas would be declared
as Critical Vulnerable Coastal Areas (CVCA) and the integrated management
plan would be prepared for each of these areas in consultation with the local
communities.15
Until the integrated management plans are drawn up and initiated, all necessary
infrastructure developments for the local inhabitants in these areas shall be
permitted on a case to case basis by the Coastal Zone Management Authority.
6. What are the special dispensations given to Goa?
Specifi c provisions have been provided for the State of Goa with a stringent
regulatory mechanism for sustainable development and ecological protection of
coastal areas. Other provisions include the following:
•  Since the traditional occupation of the population living along the coast is
mainly the fi shing and allied activities and fi shing communities require basic
infrastructure facilities for their livelihood, such facilities shall be provided by
the Government of Goa after conducting a comprehensive survey.
•  Reconstruction, repair of the structures of local communities shall be
permissible in the CRZ areas.
•  The eco sensitive low lying areas infl uenced by tidal action known as khazan
lands shall be mapped. All mangroves along such land shall be protected and
a management plan shall be prepared. No developmental activities shall be
permitted in the khazan land.
•  Sand dunes, beach stretches along the bays and creeks shall be surveyed
and mapped. No activity shall be permitted on such sand dune areas.
•  Beaches such as Mandrem, Morjim, Galgiba and Agonda have been
designated as turtle nesting sites and protected under the Wildlife Protection
Act, 1972. These areas shall be surveyed and management plan prepared
for protecting these sites. No developmental activities shall be permitted in
these areas.
VIII. Transference of Pending Cases and
Violations under the 1991 Notifi cation
1. Will the coming into force of the 2011 Notifi cation mean that existing
violations of the CRZ Notifi cation, 1991 are condoned?
No. As per appropriate direction to be issued by the MoEF under section 5 of
the Environment (Protection) Act, 1986, specifi c guidelines will be provided to
all CZMAs on the process to be adopted using latest appropriate maps, satellite 16
imagery and information technology within a specifi ed time frame for action.
2. What will be the status of the Coastal Zone Management Plans
which have been prepared under the 1991 Notifi cation once the 2011
Notifi cation is issued?
The Notifi cation provides that until new CZMPs in accordance with CRZ
Notifi cation, 2011 are approved, the CZMPs prepared under Coastal Regulation
Zone Notifi cation, 1991 shall be followed.
3. Will the Coastal Regulation Zone Notifi cation, 2011 regularize the
buildings constructed in violation of the Coastal Regulation Zone
Notifi cation, 1991 such as, Adarsh etc?
No. As per appropriate direction to be issued by the MoEF under section 5 of
the Environment (Protection) Act, 1986, specifi c guidelines will be provided to
all CZMAs on the process to be adopted using latest appropriate maps, satellite
imagery and information technology within a specifi ed time frame for action.
IX. Island Protection Zone
Notifi cation
1. Why is a separate Island Protection Zone Notifi cation, 2011
required?
There are about 500 islands in Andaman & Nicobar and about 30 in Lakshadweep.
These two groups of oceanic islands are home to some of the country’s  most
thriving biodiversity hotspots. The A&N Islands are known for their terrestrial and
marine biodiversity including forest area which covers 85% of the Andaman and
Nicobar geographical area, while, Lakshadweep is a coral island. The geographical
areas of these islands are so small that in most of the cases the 500 metres
Coastal Regulation Zone regulations overlap. Hence, a separate Notifi cation
is being issued which takes into account the management of the entire island
(except for four islands of A&N which include North Andaman, Middle Andaman,
South Andaman and Great Nicobar). 17
2.  What are the objectives of the IPZ Notifi cation, 2011?
The main objectives of the Coastal Regulation Zone Notifi cation, 2011 are:
•  To ensure livelihood security to the fi shing communities, tribals and other
local communities living in the coastal areas;
•  To conserve and protect coastal stretches and;
•  To promote development in a sustainable manner based on scientifi c
principles, taking into account the dangers of natural hazards in the coastal
areas and sea level rise due to global warming.
3.  What is the Jurisdiction of the IPZ Notifi cation, 2011?
For the four islands namely, North Andaman, Middle Andaman, South Andaman
and Great Nicobar, the Notifi cation applies to areas within 500 metres from
the High Tide Line along the seafront, while for all other islands of A&N and
Lakshadweep the entire geographical area, including the water area upto 12
nautical miles falls within purview of the Notifi cation.
4. Has the frequency of natural disasters been taken into account for the
management of the islands?
Yes, the islands of A&N are prone to natural disasters including earthquake,
tsunamis, cyclone etc. The Integrated Island Management Plan (IIMPs) would
take into account all the natural disasters and other environmental issues. Suitable
guidelines for preparing the IIMPs have been laid down in the Notifi cation.18
X. Summary: Coastal Regulation Zone
Notifi cation, 2011 and Coastal Regulation Zone
Notifi cation, 1991 compared
1. What are the most signifi cant new provisions in the Coastal Regulation
Zone Notifi cation, 2011?
(i) The entire water area which includes 12 nautical miles in the sea and the
entire water area of a tidal water body such as creek, river, estuary will be
regulated by the Notifi cation.
(ii) In order to safeguard livelihood and property of local communities including
the infrastructure along the coastal areas the hazard line has been introduced
which will be demarcated by the offi ces of the Survey of India.
(iii) Keeping in view the environmental and social issues, special dispensation
has been provided to Greater Mumbai, Kerala, Goa and Critically Coastal
Vulnerable Areas such as the Sunderban.
(iv) In view of the erosion experienced along the coastal areas due to man-made
interventions the shoreline will be mapped using up-to-date satellite images
and the shorelines will then be subsequently classifi ed as ‘high eroding’,
‘medium eroding’ and ‘low or stable stretches’. No foreshore development
would be permissible in high eroding areas.
(v) To meet the increasing demands of housing for fi shing communities and
other traditional coastal communities, the No Development Zone which is of
200 metres from the High Tide Line is being reduced to 100m.
2. What are the main provisions of Coastal Regulation Zone Notifi cation,
1991 that have been retained in Coastal Regulation Zone Notifi cation,
2011?
(i) The jurisdiction of 500 metres from the High Tide Line along the seafront and
100 metres from the High Tide Line along the tidal infl uenced water bodies
has been retained
(ii) The categorisations of the Coastal Regulation Zone area as Coastal Regulation
Zone-I (ecologically sensitive areas), Coastal Regulation Zone-II (urban areas),
Coastal Regulation Zone-III (rural areas) have been retained.19
(iii) The methodology to be utilised for the preparation of Coastal Zone
Management Plans demarcating Coastal Regulation Zone-I, II and III has
been retained.
3. What are the important provisions of Coastal Regulation Zone
Notifi cation, 1991 that have been dropped in Coastal Regulation Zone
Notifi cation, 2011?
(i) No more SEZ projects in Coastal Regulation Zone area will be allowed.
(ii) The provisions pertaining to the regulation of Andaman & Nicobar and
Lakshadweep have been dropped and in view of the specifi c geographical
issues, environmental sensitivity and to meet the needs of the islanders, a
separate Notifi cation has been issued called IPZ Notifi cation.
(iii) The provisions restricting the expansion of housing for the rural communities
in Coastal Regulation Zone-III area have been dropped. 20

1 comment:

  1. A very well organized article. Keep up the good work. Thought you would also be interested in a more technical analysis of the notification which can be found here:
    http://mowingthelaw.blogspot.in/2012/05/critical-analysis-of-coastal-regulation.htm

    ReplyDelete