crz notification: a case study

8/9/2019 CRZ Notification: A Case Study

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CRZ NOTIFICATION:CRZ NOTIFICATION:

A CASE STUDYA CASE STUDY

National Consultation onNational Consultation on

Environment, Human Rights and LawEnvironment, Human Rights and Law

Ananya Dasgupta,Ananya Dasgupta,

EQUATIONSEQUATIONS

Organized by:Environmental Justice Initiative (EJI) of

Human Rights Law Network (HRLN)

2008


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Outline of PresentationOutline of Presentation1.1. What is CRZ Notification?What is CRZ Notification?

2.2. How Successful is CRZ Notification?How Successful is CRZ Notification?

3.3. Procedural Lapses.Procedural Lapses.

4.4. Dilution of Protection Clauses in CRZ Notification.Dilution of Protection Clauses in CRZ Notification.

5.5. NonNon--Compliance of CRZ: Arguments by State Governments.Compliance of CRZ: Arguments by State Governments.

6.6. Recent Developments: Proposal ofRecent Developments: Proposal ofMoEFMoEF..

7.7. Concerns.Concerns.

8.8. RecommendationsRecommendations


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What is CRZ Notification?What is CRZ Notification?

Issued in 1991 under the Environment Protection Act and Rules ofIssued in 1991 under the Environment Protection Act and Rules of1986.1986.

Primary objectivePrimary objective::Protect and improve coastal environment of India byProtect and improve coastal environment of India byrestricting and regulating human activities on the coastrestricting and regulating human activities on the coast..

Basic CharacterBasic Character::(a) Principle and Specialized legislation that guides anthropoge(a) Principle and Specialized legislation that guides anthropogenicnicactivities on the coast.activities on the coast.

(b) Does not impose a blanket ban on(b) Does not impose a blanket ban on allall activities on the coast.activities on the coast.

( c) Attempts to balance the needs of anthropogenic activiti( c) Attempts to balance the needs of anthropogenic activities andes andcoastal biodiversity conservation.coastal biodiversity conservation.

Jurisdictional classification based onJurisdictional classification based on::(a)(a) GeomorphologicalGeomorphological characters andcharacters and

(b) Anthropogenic activities.(b) Anthropogenic activities.


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How Successful has been CRZHow Successful has been CRZ

Notification?Notification?

Absolutely inadequateAbsolutely inadequate


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Procedural FailureProcedural Failure -- CZMPCZMP

None of the State Governments submitted CZMP withinNone of the State Governments submitted CZMP within

mandatory period of 1 year in 1992.mandatory period of 1 year in 1992.

Supreme Court had to step in to direct them to submit CZMP inSupreme Court had to step in to direct them to submit CZMP in1996.1996.

Thereafter submitted, butThereafter submitted, but MoEFMoEF granted onlygranted only conditionalconditional approvalapproval

and asked to reand asked to re--submit revisedsubmit revised CZMPsCZMPs..

Till date, those conditions have not been incorporated and noTill date, those conditions have not been incorporated and norevised edition rerevised edition re--submitted tosubmitted to MoEFMoEF..

ExampleExample: In Tamil Nadu, only 10 out of 31 maps were approved by: In Tamil Nadu, only 10 out of 31 maps were approved byMoEFMoEF. Revision not undertaken. Revision not undertaken

EffectEffect: Grassroots: Grassroots organisationsorganisations allege that most of the Stateallege that most of the State CZMPsCZMPshave incorrectly classified the CRZ areas thereby allowinghave incorrectly classified the CRZ areas thereby allowingvarious activities in ecologically sensitive and fragile zonesvarious activities in ecologically sensitive and fragile zones..


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Procedural Failure:Procedural Failure: SCZMAsSCZMAs &&

NCZMANCZMA

Compared to other authorities constituted u/EPA, theCompared to other authorities constituted u/EPA, the SCZMAsSCZMAshave a fairly extensive and important mandate:have a fairly extensive and important mandate:

(a)(a) Monitor and implement the provisions of the CRZ NotificationMonitor and implement the provisions of the CRZ Notification..

(b)(b) Recommending projectsRecommending projects for clearance to both state and central Govt.for clearance to both state and central Govt.

(c)(c) Empowered toEmpowered totake action and issue directions.take action and issue directions.

(d)(d) Enforce and impose penalties for violations of CRZ Notification.Enforce and impose penalties for violations of CRZ Notification.


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Procedural Failure:Procedural Failure:

SCZMAsSCZMAs, NCZMA and others, NCZMA and others contdcontd....

Example onExample onSCZMAsSCZMAs& NCZMAS failure& NCZMAS failure::In TN the term of SCZMA expired in Jan 2005 (days afterIn TN the term of SCZMA expired in Jan 2005 (days after Tsunami) and wasTsunami) and wasnot extended. Not renewed till date. NCZMA expired in 2004.not extended. Not renewed till date. NCZMA expired in 2004.

Effect:Effect:

Rehabilitation and reconstruction activities within CRZ after TsRehabilitation and reconstruction activities within CRZ after Tsunami, that legallyunami, that legallycalls for permissions could not be taken and hence can be declarcalls for permissions could not be taken and hence can be declared illegal ined illegal in

future.future. Have created chaos and confusion.Have created chaos and confusion.

MoEFMoEF failed to evolvefailed to evolve guidelines of HTL and LTLguidelines of HTL and LTLdemarcation.demarcation. So,So, in none of the States, such demarcation has been done,in none of the States, such demarcation has been done,for identification of zones and field implementation of the Notifor identification of zones and field implementation of the Notification.fication.


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DilutionsDilutions

19 amendments19 amendments in 15 yearsin 15 years have diluted the basichave diluted the basicobjective and essence of the Notificationobjective and essence of the Notification-- protection of coast.protection of coast.

Such amendments introduced newer clauses rendering meaninglessSuch amendments introduced newer clauses rendering meaningless

several of the protective clauses of the original Notification.several of the protective clauses of the original Notification.

Example:Example:

1st amendment in 1994: Reduced1st amendment in 1994: ReducedNo DevelopmentNo DevelopmentZone (NDZ)Zone (NDZ)all along the coast from 200 to 50all along the coast from 200 to 50 mtsmts --under pressureunder pressure from tourism lobby.from tourism lobby.


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DilutionsDilutions contdcontd..Example:Example:

1st amendment in 1994: Reduced1st amendment in 1994: ReducedNo DevelopmentNo DevelopmentZone (NDZ)Zone (NDZ)all along the coast from 200 to 50all along the coast from 200 to 50 mtsmts --under pressureunder pressure from tourism lobby.from tourism lobby.

Demand was ONLY for selected coastal stretches, however,Demand was ONLY for selected coastal stretches, however, MoEFMoEFoveracted and diluted the entire coastal stretch.overacted and diluted the entire coastal stretch.

Thereafter, Supreme Court quashed the amendment.Thereafter, Supreme Court quashed the amendment.

Subsequently, in July 2003, NDZ again was reduced to 50Subsequently, in July 2003, NDZ again was reduced to 50 mtsmts ininA&N Islands andA&N Islands and LakshwadeepLakshwadeep specifically for tourism development 40specifically for tourism development 40islands wereislands were opened up foropened up forecotourismecotourism..

The said amendment was based on Integrated Coastal ZoneThe said amendment was based on Integrated Coastal ZoneManagement Plan prepared byManagement Plan prepared by MoEFMoEF..


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DilutionsDilutions contdcontd....

The Notification states:The Notification states:Clearance shall be given for anyClearance shall be given for anyactivity within the CRZactivity within the CRZonly if it requires water front and foreshoreonly if it requires water front and foreshore

facilities.facilities.

Scanning of the said 19 amendments showScanning of the said 19 amendments show relaxation for industrialrelaxation for industrialand other commercial activities.and other commercial activities.

ExampleExample: Following have been allowed: Following have been allowed::

a.a. Nuclear power installationsNuclear power installationsb.b. Expansion ofExpansion ofSEZsSEZs..

c.c. NonNon--polluting industries like ITpolluting industries like IT

d.d. Construction of airstrips and associated facilities in islands oConstruction of airstrips and associated facilities in islands of A&N andf A&N andLakshwadeepLakshwadeep..

e.e. Extension of sand mining till date in A&N though the first perExtension of sand mining till date in A&N though the first permissionmissionwas granted in 1997 on nonwas granted in 1997 on non--renewal basis.renewal basis.

Not clear why they require water front and foreshore facilities!Not clear why they require water front and foreshore facilities!!!

Contradictory stands taken byContradictory stands taken by MoEFMoEF in interpreting the Notification.in interpreting the Notification.Glaring ExampleGlaring Example:: Stand taken by Tsunami affected states while rebuilding tourismStand taken by Tsunami affected states while rebuilding tourism

infrastructure Vs. Rehabilitation of fishing community.infrastructure Vs. Rehabilitation of fishing community.


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DilutionsDilutions contdcontd....

Ambiguities allowed to prevail in the Notification: NoAmbiguities allowed to prevail in the Notification: Noattempt undertaken to clarify through theseattempt undertaken to clarify through theseamendments.amendments.

Example:Example:Following have not yet been clarified:Following have not yet been clarified:

a.a. Key termsKey terms likelikelocal inhabitantslocal inhabitantsandandtraditional rights andtraditional rights andcustomary usescustomary uses

b.b. No processNo process laid down for reclassification of CRZ areas. Of speciallaid down for reclassification of CRZ areas. Of specialrelevance to island ecosystem like A&N Is lands andrelevance to island ecosystem like A&N Is lands and LakshwadeepLakshwadeep

c.c.SeparateSeparateprocedure mentioned for clearance of projects of Dept.procedure mentioned for clearance of projects of Dept.of Atomic Energy and Ministry of Defenseof Atomic Energy and Ministry of Defense notnot defineddefined..

d. Guidelines to location ofd. Guidelines to location ofconstructionconstructionhas been restricted tohas been restricted tobuildings but no clarity inbuildings but no clarity in other typeother type ofofconstruction.construction.


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NonNon--Compliance of CRZ:Compliance of CRZ:

Arguments by State GovernmentsArguments by State Governments

Lack of adequate infrastructure and funding.Lack of adequate infrastructure and funding.

Lack of maps in implementing scales andLack of maps in implementing scales and MoEFMoEFss support.support.

No clarity of demarcation of HTL and LTL given byNo clarity of demarcation of HTL and LTL given by MoEFMoEF..

Pressure of urbanization.Pressure of urbanization.

Need of expansion of economic activities.Need of expansion of economic activities.

Demarcation of NDZ of more than 50Demarcation of NDZ of more than 50--7070 mtsmts is not internationalis not internationalpractice.practice.


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Recent Developments:Recent Developments:

Proposal ofProposal ofMoEFMoEF

Paradigm shiftParadigm shift fromfromCRZCRZtotoVulnerability MappingVulnerability Mapping U.S.U.S.hegemony??hegemony?? MoEFMoEF saidsaidbased on the best practices adopted inbased on the best practices adopted incountries such as the United Statescountries such as the United States..

The Proposal:The Proposal:

CRZ based on high tide line not scientific.CRZ based on high tide line not scientific.

Plan to be based on the vulnerability line.Plan to be based on the vulnerability line.

Vulnerability line will be the setback line demarcated along theVulnerability line will be the setback line demarcated along the coast.coast.

It will be based on the hazard assessment of each coastal area.It will be based on the hazard assessment of each coastal area.

Committee has proposed four coastal management zones.Committee has proposed four coastal management zones.

The current practice of fixing CRZ based on HTL not the best ofThe current practice of fixing CRZ based on HTL not the best ofpracticespracticesand is less scientific.and is less scientific.

Unlike the CRZ, the plan will be oriented towards managing resoUnlike the CRZ, the plan will be oriented towards managing resources,urces,development and regulation.development and regulation.


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Recent DevelopmentsRecent Developments contdcontd....

Proposed 4 Coastal Management Zones (CMZ).Proposed 4 Coastal Management Zones (CMZ).

CMZ I : Areas designated as ecologically sensitive.CMZ I : Areas designated as ecologically sensitive.

CMZ II : Areas identified as Areas of Particular Concern such asCMZ II : Areas identified as Areas of Particular Concern such as economicallyeconomicallyimportant areas, high population areas and culturally/strategicaimportant areas, high population areas and culturally/strategically importantlly importantareas.areas.

CMZCMZ--III: All other open areas, including the coastal areas, excludinIII: All other open areas, including the coastal areas, excluding thoseg thoseareas classified as CMZareas classified as CMZ--I, CMZI, CMZ--IIII

CMZCMZ --IV. CMZIV. CMZ --IV pertains to the A&N islands and Lakshadweep.IV pertains to the A&N islands and Lakshadweep.

The proposed vulnerability map is for the CMZ II and CMZ III.The proposed vulnerability map is for the CMZ II and CMZ III.

Part of the Central Act and State Governments need to make manaPart of the Central Act and State Governments need to make managementgementplans.plans.

It is expected to discourage inconsistent interpretations.It is expected to discourage inconsistent interpretations.

MoEFMoEF declareddeclared -- shall be subjected to public scrutiny ?shall be subjected to public scrutiny ?


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ConcernsConcerns contdcontd....

Where isWhere is Right to InformationRight to Information??-- The official website ofThe official website ofMoEFMoEF has only publishedhas only published fewfew andand selectedselected

amendments.amendments.-- MoEFMoEF has not yet issued the consolidated Notification in the Officiahas not yet issued the consolidated Notification in the Officiall

Gazette.Gazette.

-- The new proposal ofThe new proposal ofMoEFMoEFVULNARIBILITY LINE is yet to surface inVULNARIBILITY LINE is yet to surface inthe official website.the official website.

Need to be alert. Past experiencesNeed to be alert. Past experiences::

Master Plans Made for tourism recommending CRZ DilutionMaster Plans Made for tourism recommending CRZ Dilution(( Example Sustainable tourism Plan forExample Sustainable tourism Plan forAndamansAndamansIslandsIslands--UNWTO & UNDPUNWTO & UNDP--

an Initiative of MOT.an Initiative of MOT. ))

No consultativeNo consultative processesprocesses

No regardNo regard for peoplefor peoples aspirationss aspirations

No supportNo support for community enterprise; capacity buildingfor community enterprise; capacity building

Habitat fragmentationHabitat fragmentation from infrastructurefrom infrastructure


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ConcernsConcerns contdcontd....

Denial of accessDenial of access to coastal communitiesto coastal communities

CompetitionCompetition over natural resourcesover natural resources

EcosystemEcosystem degradationdegradation

Thrust on privatizationThrust on privatization and commercializationand commercialization

Opening upOpening up more ecologically sensitive coastal areas for tourismmore ecologically sensitive coastal areas for tourism

Putting upPutting up largelarge--scale infrastructurescale infrastructure to facilitate tourism activitiesto facilitate tourism activitiesand tourist movementsand tourist movements in ecologically sensitive coastal areasin ecologically sensitive coastal areas..

International agreements diluting domestic regulations.International agreements diluting domestic regulations.


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RecommendationsRecommendations

All concerned stakeholders in the coast unanimously voicedAll concerned stakeholders in the coast unanimously voicedProvisions of CRZ Notification must be implemented.Provisions of CRZ Notification must be implemented.

To achieve that:To achieve that:

AllAll SCZMAsSCZMAs and NCSMA should be reconstitutedand NCSMA should be reconstituted with representationwith representationfrom the civil society.from the civil society.

A modelA model of creating District CZMA (empowered) as done by Karnataka.of creating District CZMA (empowered) as done by Karnataka.

MoEFMoEF shouldshould send notice to all coastal statessend notice to all coastal states to submit CZMPto submit CZMPimmediately.immediately.

Legal action for nonLegal action for non--compliancecompliance shall be taken on default against theshall be taken on default against thestate governments and the concerned officials.state governments and the concerned officials.

DevelopmentDevelopment of CZMP / CZMP should be aof CZMP / CZMP should be a multimulti--stakeholder processstakeholder process..

All SCZMA and the NCZMA mustAll SCZMA and the NCZMA must suosuo--motomotodisclose procedures followed indisclose procedures followed in

project clearance for each case within CRZ.project clearance for each case within CRZ.


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RecommendationsRecommendations contdcontd....

TheThe MoEFMoEF should take immediate steps toshould take immediate steps to resolve definitionalresolve definitional

ambiguitiesambiguities in the notification (in the notification (MoEFMoEF must add glossarymust add glossary).).

CRZ Notification do not relate to activities outside the CRZCRZ Notification do not relate to activities outside the CRZ --need toneed toreview other lawsreview other laws governing activities outside CRZ area that effectgoverning activities outside CRZ area that effectthe coast.the coast.

Extend the jurisdiction of CRZExtend the jurisdiction of CRZ to include the interto include the inter--tidal area in alltidal area in allzones.zones.

Urgent need toUrgent need to extend the CRZ seaextend the CRZ sea--wardward after detailed study onafter detailed study onimpact from land based activitiesimpact from land based activities..

MoEFMoEF mustmust develop detailed critiquedevelop detailed critique of the Central/State processesof the Central/State processesof granting clearance to projects proposed in CRZ.of granting clearance to projects proposed in CRZ.


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RecommendationsRecommendations contdcontd....

Mandatory EIA & SIA: In the project clearance process in CRZ.

Coastal Land Settlements undertaken.

Land titles to fisher folk dwellings

Grant titles to the existing fishing communities (those which existed beforeTsunami).

CRZ-I Areas should be completely exempted.

Full participation of Fishing Panchayats in land titles settlement.

Effect: Will check unplanned growth by local communities on the coast.

Special attention: To preserve sensitive coastal features like mangroves, coralreefs and sand dunes.

MoEF should be persuaded to review the Amendments to the CRZNotification to restore and strengthen its protective provisions-

Campaign and advocacy on the new proposal of MoEF- Immediate need.

Need for investigating and monitoring the moves of MoEF.


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GLIMPSESGLIMPSES


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Thank you

crz notification: a case study

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