The CRZ 2011- business as usual?

Marianne ManuelResearch Associate Dakshin Foundation

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DakshinOur MissionTo inform and advocate conservation and natural resource management,

while promoting and supporting sustainable livelihoods, social development and environmental justice

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Current Scenario

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StateMoS

website

Dept. of Shipping 2007-8 Annual Reprt

MES/ICMAM

to MoEF/20

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Current Study 2010

Gujarat 40 42 40 49

Daman and Diu 2 2 2 2

Goa 5 5 5 5

Maharashtra 53 48 53 48

Karanataka 10 10 10 10

Kerala 13 17 13 17

Lakshadweep 10 10 10 10

Tamil Nadu 15 15 14 20

Pondicherry 1 2 1 2

Andhra Pradesh 12 12 12 13

Orissa 2 13 2 14

West Bengal 1 1 1 1

Andaman & Nicobar Islands 23 23 23 22

TOTAL 187 200 186 213 8

Name of StateCoastline

(in Kms)Notified

Minor Ports Major Ports

Port Density Minor

Ports/Km

Port Density Total

Ports/Km

Gujarat 1214.7 49 1 24.8 24.3

Maharashtra 652.6 48 2 13.6 13.1

Daman and Diu 9.5 2 0 4.8 4.8

Goa 151 5 1 30.2 25.2

Karnataka 280 10 1 28.0 25.5

Kerala 569.7 17 1 33.5 31.7

Tamilnadu 906.9 20 3 45.3 39.4

Andhra Pradesh 973.7 13 1 74.9 69.6

Orissa 476.4 14 1 34.0 31.8

West Bengal 157.5 1 1 157.5 78.8

Pondicherry 30.6 2 0 15.3 15.3

Andaman & Nicobar 196222 1 89.2 85.3

Lakshadweep 132 10   13.2 13.2

TOTAL   213 13    

Full Coastline with Islands 7516.6     35.3 33.3

Mainland Coastline5422.6 181   30.0 28.1 9

Breakwaters obstruct littoral drift

Sand depletion

Sand accumulation

Original shoreline

BreakwatersLittoral drift

Pondy Citizens’ Action Network – August 200810

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Legal Mess

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• 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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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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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, except1.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

CRZ IV – territorial waters

Introduction of CRZ V areas - Areas requiring special consideration

1.Greater Mumbai2.Kerala3.Goa4.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

• Hazard line• District Level Committees• Procedural details for obtaining clearances

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Key differences in CRZ 1991 and 2011

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

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

•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

1986-2004: Total projects cleared 4016.

2003: total projects cleared 223

Projects with Monitoring Report: 93.

Above 90% compliance: 7

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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

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

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 authority

•Poorly staffed monitoring bodies

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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 Bill29