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CHAPTER - 1

Environmental Policies

The last three decades have been a witness to major legislations being passed dealing with the environment and its protection from pollution, disasters, and hazards across the globe. Before 1969, the development of any country or any region was mainly based on two components, namely, engineering and economy. No body, had thought of the surroundings or the site of any developmental activity. This was because of the slow rate of development, economic crisis and many other site specific reasons. After the formation of National Environment Protection Agency (NEPA) in the year 1969, people started thinking about the third component of development, that is environment. Hence, three Es have become more important and prominent for the development of any country. The three Es are: Engineering, Economy and Environment. It has become more evident, that is development should not be taken at the cost of environment and similarly protection of environment should not alter the development. Both should take place simultaneously. This may be achieved only by proper planning and management. Specific legislations have also been evolved for proper planning and management including control of water and air pollution, conservation of forests and wildlife, solid and hazardous waste management, biomedical waste management, natural resource protection, soil and ground water remediation, and sustainability of development without causing damage to environment, this being the broad aim of all legislations as reflected in the constitution, which states that, “it shall be the duty of every citizen to protect and improve the environment including forests, lakes, rivers and wildlife and to have compassion for living creatures”.

The Bhopal gas leakage on the night of 2–3 December 1984 is the worst chemical disaster in history of Indian subcontinent. It took a heavy toll of human lives. People started dying within hours and more than 2000 lives were lost in the first few days. Subsequently, Government of India emphasised the formulation of number of policies in the form of acts, legislations, rules, regulations and guidelines. All those policies relate to the protection, improvement of environment and the prevention of hazards to human beings, other living creatures, plants and property. These policies cover the rules to regulate environmental pollution and prevention, control, and abatement. The environment protection rules also cover

2 Environmental Impact Assessment: Theory and Practice

the management and handling of hazardous wastes, manufacture, storage and import of hazardous chemicals, rules for the manufacture, use, import, export and storage of hazardous microorganisms, and the process and procedure for obtaining the environmental clearance for any development projects, plans and legislative actions. The prior environmental clearance procedure in India is given in the EIA notification notified on September 14, 2006, issued exclusively for the purpose of protecting environment and to improve quality of life.

The thrust of environmental laws, regulations and policies is to ensure the sustainable development, in the total public interest with respect to the projects, plans and legislative actions. Development without the ecological equilibrium will cause an environmental crisis. In fact, there is a growing evidence of manmade harm in many regions of the earth, dangerous levels of pollution in air, water, earth and living beings. Because of this, the environment undergo major and undesirable disturbances like ecological imbalance, destruction and depletion of irreplaceable resources and gross deficiencies harmful to the physical, mental and social wealth of man in the manmade environment. Thus, the protection and improvement of human environment is a major issue which effects the well beings of the people and economic development throughout the world. It is, therefore, the urgent desire of the people of the whole world and the duty of all governments is to protect environment and mother earth. That is why the articles 48A and 51A of the constitution of India have cast a solemn duty not only on the State but also on the citizens towards the protection of the environment and conservation of the forests, the wild life and the natural resources.

1.1 Key Policy Initiatives

The vision of a country includes pursuing a development process that is environmentally sustainable. The Ministry of Environment and Forests (MoEF) Government of India has sought to achieve this aim of conserving and protecting the environment by implementing various policies and programmes through integrated approach. This approach involves identifying the socio economic and ecological trade off in every project. The Ministry of Environment and Forests (MoEF) is the nodal agency in the administrative structure of the Indian Union Government for the planning, promotion, co-ordination and overseeing the implementation of India’s environmental and forestry related policies and programmes. The broad objectives of the Ministry are: conservation and survey of flora, fauna, forests and wildlife, prevention and control of pollution, afforestation and regeneration of degraded areas, protection of the environment and ensuring the welfare of animals. In achieving these objectives, the Ministry is guided by the principle of sustainable development and enhancement of human well-being. These objectives are well supported by a set of legislative and regulatory measures, for preservation, conservation and protection of the

Environmental Policies 3

environment. Besides the legislative measures, the national conservation strategy and policy statement on environment and development, 1992; national forest policy, 1988, and the national environment policy, 2006 also guide the Ministry to take measures in protecting the environment.

Government emphasised and highlighted the urgent need to resolve complexities in access and benefit sharing of the available resources to ensure their benefits reach the traditional users. The above aspect has been recognized by the Convention on Biological Diversity (CBD) act 2002, which establishes three broad goals: 1. conservation of biological diversity, 2. sustainable use of its components, and 3. fair and equitable sharing of the benefits derived from the use of genetic resources. The Ministry of environment and forests Government of India has taken several measures to protect and conserve some of the ecologically rich and sensitive areas which are currently covered through protected area networks. The Ministry is also supporting setting up of botanical gardens to conserve rare plant species in the process of protecting natural environment. Some of the key policy initiatives and other important measures of Indian Government (MoEF, 2001) are:

Finalisation and launch of the green India mission under the national action plan on climate change, with clear objectives, targets and institutional structure.

Amendments to the Wildlife (Protection) Act, 1972, to reflect concerns related to wildlife which are not adequately reflected in the current legislation.

Launch of a comprehensive, real-time, web-based monitoring system utilizing advanced technologies like, remote sensing images and GIS.

Launch of the Integrated Coastal Zone Management (ICZM) project.

Cumulative Environmental Impact Assessments (EIAs) for key regions to replace case-by-case approvals. In addition, carrying capacity studies in selected river-basins to be undertaken.

Series of programmes to protect biodiversity as a mark of its commitment to biodiversity conservation.

Finalisation, and notification of new plastics (manufacture, usage and waste management) rules, to reflect recent international concerns on the use of plastics.

Based on the constitutional requirement, and necessity the stakeholders like environmentalists, environmental consultants and the Government organization have been taking measures to frame the acts, rules and regulations, and enforcing the laws in order to protect the environment. Some of the acts, rules and regulations are presented in this section for the benefit of students, faculty


members and are called as legal instruments (Table 1.1). This table is reproduced in this book from the EIA guidance manual (MoEF, 2010).

Table 1.1 Legal instruments applicable for EIA study.

S. No. Legal instrument Objective

1. Air (Prevention and Control of Pollution) Act, 1981 amended 1987

The prevention, control and abatement of pollution

2. Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983

The prevention, control and abatement of air pollution

3. Water (Prevention and Control of Pollution) Act, 1974 amended 1988

The prevention and control of water pollution and also maintaining or restoring the wholesomeness of water

4. Water (Prevention and Control of Pollution) Rules, 1975

The prevention and control of water pollution and also maintaining or restoring the wholesomeness of water

5. The Environment (Protection) Act, 1986, amended 1991

Protection and Improvement of the Environment

6. Environmental (Protection) Rules, 1986 (Amendments in 1999, 2001, 2002, 2002, 2002, 2003, 2004)

Protection and Improvement of the Environment

7. Hazardous Waste (Management and Handling) Rules, 1989 amended 2000 and 2003

Basel convention

8. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 amended 2000

Regulate the manufacture, storage and import of Hazardous Chemicals

9. Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996

Emergency Planning, Preparedness and Response to chemicals accidents

10. EIA Notification, 1994 Requirement of environmental clearance before establishment of or modernization/expansion of certain type of industries/projects

11. Batteries (Management and Handling) Rules, 2001

To control the hazardous waste generation (lead waste) from used lead acid batteries

12. Public Liability Insurance Act, 1991 amended 1992

To provide immediate relief to persons affected by accident involving hazardous substances

Contd…



13. Public Liability Insurance Rules,

1991 amended 1993

To provide immediate relief to persons

affected by accident involving hazardous

substances and also for establishing an

Environmental Relief Fund

14. Factories Act, 1948 Control of workplace environment, and

providing for good health and safety of

workers

15. The Petroleum Act, 1934 Regulate the import, transport, storage,

production, refining and blending of petroleum

16. The Petroleum Rules, 2002 Regulate the import, transport, storage,

production, refining and blending of petroleum

17. The Explosives Act, 1884 To regulate the manufacture, possession, use,

sale, transport, export and import of explosives

with a view to prevent accidents

18. The Explosive Rules, 1983 To regulate the manufacture, possession, use,

sale, transport, export and import of explosives

with a view to prevent accidents

19. The Gas Cylinder Rules, 2004 Regulate the import, storage, handling and

transportation of gas cylinders with a view to

prevent accidents

20. The Static and Mobile Pressure

Vessels (Unified) Rules, 1981

Regulate the import, manufacture, design,

installation, transportation, handling, use and

testing of mobile and static pressure vessels

(unified) with a view to prevent accidents

21. The Motor Vehicle Act, 1988 To consolidate and amend the law relating to

motor vehicles

22. The Central Motor Vehicle Rules,

1989

To consolidate and amend the law relating to

motor vehicles including to regulate the

transportation of dangerous goods with a view

to prevent loss of life or damage to the

environment

23. The Mines Act, 1952 Safety of the mine workers

24. The Custom Act, 1962 To prevent entry of illegal hazardous goods or

banned goods including hazardous or banned

chemicals

25. The Merchant Shipping Act, 1958

amended in 2002 and 2003

For safe handling and transportation of cargo

including dangerous goods to prevent accident

Contd…



26. Merchant Shipping (carries of Cargo) Rules 1995

For safe handling and transportation of cargo including dangerous goods to prevent accident

27. The Indian Port Act, 1908 For control of activities on ports including safety of shipping and conservation of ports

28. The Dock Workers, (Safety, Health and Welfare) Act, 1986

Safety of Dock workers including handling or dangerous goods

1.2 Terminology

Environmental Impact Assessment (EIA) study and preparation of EIA report involve number of organizations including engineering, planning and environmental consulting firms as well as experts like ecologists, landuse/land cover planners, water scientists, architectures, social scientists, irrigation engineers, administrators, geologists, chemists, physicists, botanists, zoologists, geographers in addition to core environmentalists. All the experts may not be familiar with the terms of environment. Hence the author made an attempt to present the specialized terminology. This is in conjunction with the requirements of EIA.

Environmental pollutant means any solid, liquid or gaseous substances present in such concentration which tend to be injurious to environment, any other living organism and human being. Hazardous Substance means any substance or preparation which, by reasons of its chemical or physico-chemical properties is liable to cause harm to human beings or other living creatures. Handling any substance means the manufacturing, processing, treatment, packaging, storage, transportation, use, collection, destruction, conversion, offering for sale etc. Environmental pollution means imbalance in environment. The materials or substances when after mixing in air, water or land alters their properties in such manner, that the use of all or any of the air, water and land by man and any other living organism becomes lethal and dangerous for health. Occupier means a person who has control over the affairs of factory or the premises, in relation to any substance, the person in possession of the substance. In addition, the most significant terms frequently used are environmental inventory, environmental assessment, environmental impact assessment and environmental impact statement. Environmental inventory is a complete description of the environment as it exists in an area where a particular proposed action is being considered. The inventory is compiled from a checklist of descriptors for the physical, biological, socioeconomic environment and cultural environment. The data derived through various means in describing the environment is also called as baseline data, which is given in the subsequent chapters. The physical environment includes such major areas as geology, topography, surface water


and groundwater resources, water quality, air quality, climatology, drainage network, landuse/landcover and soils. The biological environment refers to the flora and fauna of the area, including species of trees, grasses, fish, herpetofauna, birds, and mammals. General biological features such as species diversity and overall ecosystem stability should also be presented. Items in the cultural environment include human population trends and distributions, historic and archeological sites and asthetic resources such as visual quality.

The socioeconomic environment refers to a range of considerations related to humans in the environment, including population trends and population distributions, economic indicators of human welfare, educational systems, transportation networks and other infrastructure concerns such as water supply, waste water disposal and solid-waste management, public services such as police, fire protection, medical facilities, and many others. The physico-chemical and biological environments can be referred to as the natural environment while the cultural and socioeconomic environments represent the man-made environment.

An Environmental Assessment (EA) report is a concise public document that serves to briefly provide sufficient evidence and analysis for determining whether to attract the environmental policies, to prepare an EIS or finding of No Significant Impact (FONSI). A FONSI is a document which concisely presents the reasons why an action, not otherwise excluded, will not have significant effect on the human environment and for which an EIS will not be prepared. An Environmental Impact Statement (EIS) is a detailed written statement which serves as an action-forcing device to ensure that the policies and goals defined are infused into the ongoing programs and actions of the government. It must provide discussion of significant environmental impacts and must inform decision makers and the public of the reasonable alternatives which would avoid or minimize adverse impacts or enhance the quality of the human environment (Larry W. Canter 1996).

1.3 The Environment Protection Act

In the wake of Bhopal tragedy, the Government of India enacted the Environment (Protection) Act, 1986 (EPA) under article 253 of the Indian constitution. The purpose of the act is to act as an “Umbrella” legislation designed to provide a frame work for co-ordination of the activities of various central and state authorities established under previous laws, such as Water Act & Air Act. The potential scope of the Act is broad, with “Environment” defined to include water, air, land and the inter-relationships which exist among water, air, land, and human beings and other living creatures, plants, and microorganisms.


The main objective of this Act is to provide the protection and improvement of environment which includes water, air, land, human being, other living creatures, plants, microorganism and properties and for matters connected therewith. There is a constitutional provision also for the environment protection. Article 48A, specify that the state shall endeavour to protect and improve the environment, to safeguard the forests and wildlife of the country and every citizen shall protect the environment. The Environment Protection Act (EPA) contains three important sections. They are:

1. the declaration of national environmental policies and goals,

2. the establishment of action-forcing provisions for central government to enforce policies and goals and,

3. the establishment of expert committees/statutory committees on environmental quality and improving the quality of life. The essential purpose of EP Act is to ensure that environmental factors weighted equally when compared to other factors in the decision making process. The act establishes the national environmental policy, including a multidisciplinary approach for considering environmental effects in decision making process by both state and central government organizations in the developmental projects. The effectiveness of EPA originates in its requirement of Governments to prepare an environmental statement to accompany reports and recommendations for funding of developmental projects.

The Environment Protection Act, 1986 not only has important constitutional implications but also an international background. The spirit of the proclamation, adopted by the United Nations Conference on Human Environment, held in Stockholm in June 1972, was implemented by the Government of India. Although there were several existing laws that dealt directly or indirectly with environmental issues, it was necessary to have a general legislation for environmental protection. The existing laws focused on very specific types of pollution, specific categories of hazardous substances, and were indirectly related to the environment through laws that control land use, protect our national parks and sanctuaries and our wildlife. However, there was no overarching legislation and certain areas of environmental hazards were not covered. There were also gaps in areas that were potential environmental hazards and essentially related to the multiplicity of regulatory agencies. Thus, there was a need for an authority to study, plan and implement the long-term requirements of environmental safety, and a system for appropriate response to emergencies threatening the environment. This Act was thus passed to protect the environment, as there was a growing concern over the deteriorating state of the environment. As impacts grew considerably, environmental protection became a national priority. While the wider general legislation to protect our environment is now in place, it has become increasingly evident that our environmental situation continues to


deteriorate. We need to implement this Act much more effectively if our environment is to be protected. The presence of excessive concentrations of harmful chemicals in the atmosphere and aquatic ecosystems leads to the disruption of food chains and a loss of species. Public concern and support is crucial for implementing the EPA. This must be supported by an enlightened media, good administrators, policy makers, informed judiciary and trained technocrats who together can influence and prevent further degradation of our environment. Each of us has a responsibility to make this happen.

Concern over the state of environment has grown the world over since the sixties. The decline in environmental quality has been evidenced by increasing pollution, loss of vegetal cover and biological diversity, excessive concentrations of harmful chemicals in the ambient atmosphere and in food chains, growing risks of environmental accidents and threats to life support systems. The world community resolves to protect and enhance the environmental quality found expression in the decisions taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972. Government of India participated in the conference and strongly voiced the environmental concerns. While several measures have been taken for environmental protection both before and after the conference, the need for a general legislation further to implement the decisions of the conference has become increasingly evident.

In view of the facts stated above, there is an urgent need for the enactment of a general legislation on environmental protection which inter alia, should enable coordination of activities of the various regulatory agencies, creation of an authority with adequate powers for environmental protection, regulation of discharge of environmental pollutants and handling of hazardous substances, speedy response in the event of accidents threatening environment and deterrent punishment to those whose endanger human environment, safety and health.

1.3.1 Provisions of the Act

The central government shall have the power to take all measures for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environmental pollution.

Co-ordination of actions by the State Governments, officers and other competent authorities under this Act. Planning and execution of a nation-wide programmes for the prevention, control and abatement of environmental pollution and laying down environmental standards for emissions and discharge of pollutants.

Restriction of areas in which any industries, operations, and processes shall not be carried out or shall be carried out subject to certain safeguards which should protect the environment.


Laying down procedures and safeguards for the prevention of accidents which may cause environmental pollution. Provision of remedial measures for such accidents, laying down procedures and safeguards for the handling of hazardous substances.

Carrying out and sponsoring investigations and research relating to problems of environmental pollution and remedial measures.

Inspection of any premises, plant, equipment, machinery, manufacturing and other processes, materials/substances and issue of orders necessary to take steps for the prevention, control and abatement of environmental pollution. Establishment and recognition of environmental laboratories and institutes to carry out the functions entrusted as per the provisions of the Act.

Collection and dissemination of information in respect of matters relating to environmental pollution and preparation of manuals, codes and guides relating to the prevention, control and abatement of environmental pollution.

The Central Government may, constitute an authority or authorities for the purpose of exercising and performing the powers of the Central Government. The officers appointed shall be subject to the general control and direction of the Central Government.

Notwithstanding anything contained in any other law but subject to the provisions of this Act, the Central Government may, in the exercise of its powers and performance of its functions issue directions in writing to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions. To avoidance of doubts, it is hereby declared that the power to issue directions under this section, includes the power to direct the closure, prohibition or regulation of any industry, operation or process and/or stoppage or regulation of the supply of electricity or water or any other service.

1.3.2 Rules to Regulate Environmental Pollution

The Central Government by notification in the official gazette, make rules in respect of all or any of the matters referred in the Act. The rules may provide the following matters:

The standards of quality of air, water and soil for various areas and purposes based on line of activity of development.

The maximum allowable limits of concentration of various environmental pollutants including noise for different areas like national ambient air quality standards.

The procedures and safeguards for the handling of hazardous substances.


The prohibition and restrictions on the location of industries, the processes and operations in different areas.

The procedures and safeguards for the prevention of accidents which may cause environmental pollution and for providing remedial measures for such accidents.

Persons carrying on industry, operation, not to allow emission or discharge of environmental pollutants in excess of the standards: No person carrying on any industry, operation or process shall discharge or emit or permit to be discharged or emitted any environmental pollutant in excess of such standards.

Persons handling hazardous substances to comply with procedural safeguards. No person shall handle or cause to be handled any hazardous substance except in accordance with such procedure and after complying with such safeguards, as may be prescribed.

Furnishing of information to authorities and agencies in certain cases like, the discharge of any environmental pollutant in excess of the prescribed standards, the person responsible for such discharge, the person incharge of the place at which such discharge occurs, shall be bound to prevent or mitigate the environmental pollution caused as a result of such discharge. On receipt of information with respect to the fact or apprehension of any occurrence of the nature, whether through intimation, the authorities or agencies cause such remedial measures to be taken as are necessary to prevent or mitigate the environmental pollution. The expenses, if any, incurred by any authority or agency with respect to the remedial measures together with interest from the date when a demand for the expenses is made until it is paid may be recovered by such authority or agency from the person concerned as arrears of land revenue or of public demand.

1.3.3 Powers of Entry and Inspection

Subject to the provisions of this section, any person empowered by the Central Government to enter and inspect the site/industry for the purposes., namely, (a) performing any of the functions (b) determining the method of performing the functions (c) examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building and (d) every person carrying on any industry, operation or process or handling any hazardous substance shall be bound to render all assistance to the person empowered by the Central Government.


1.3.4 Power to take Sample

The Central Government or any officer empowered by it to take, samples of air, water, soil or other substance from any factory, premises or other place for the purpose of analysis to determine the pollution levels and conducting comparative study with threshold values.

The person taking the sample shall (a) serve on the occupier or his agent or person in charge of the place. (b) In the presence of the occupier or his agent or person, collect a sample for analysis. (c) cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the person taking the sample and the occupier or his agent or person and (d) send without delay, the container or the containers to the laboratory established or recognised by the Central Government.

1.3.5 Environmental Laboratories

The Central Government may (a) establish one or more environmental laboratories and (b) recognise one or more laboratories or institutes as environmental laboratories to carry out the functions entrusted to an environmental laboratory under EP Act. The Central Government may, make rules specifying (a) the functions of the environmental laboratory (b) the procedure for the submission of the reports of analysis of laboratory samples of air, water, soil or other substance. (c) the form of the laboratory report and the fees payable for such report; and (d) such other matters as may be necessary or expedient to enable that laboratory to carry out its functions.

The Central Government may, appoint or recognise the persons for the purpose of analysis of sample of air, water, soil or other substance sent for analysis to any environmental laboratory established and recognized. Any document signed by a government analyst may be used as evidence of the facts stated therein in any proceeding under this Act.

1.4 Air (Prevention and Control of Pollution) Act

Air in the troposphere is very important for all living organisms on the earth. Increased levels of air pollution will affect the health and well being of inhabitants. Wide array of pollutants are being released into the atmosphere through diversified sources. These include natural sources like wind, the mechanized world with its diversified anthropogenic activities like industrialization, mining, combustion related activities etc., on developmental side and activities like firing of crackers and loud speakers etc., on the socio-religious occasions are releasing various pollutants into the atmosphere. Urban areas are facing the problem of vehicular pollution due to unprecedented increase in vehicular fleet (APPCB, 2009). To control and prevent such air pollution and to suggest the


remedial measures, Air Act was constituted by Government of India in 1981. Air Act is a comprehensive legislation with more than fifty sections. It makes provisions, inter alia, for Central and state boards, power to declare pollution control areas, restrictions on certain industrial units, authority of the boards to limit emission of air pollutants, power of entry, inspection, taking samples and analysis, penalties, offences by companies and Government departments and cognizance of offences etc.

The Air Act is largely a replica of the Water Act with elaborate provisions prescribing the powers and functions of the Central and state boards. The act specifically empowers state government to designate air pollution areas and to prescribe the type of fuel to be used in these designated areas. According to this act, no person can operate certain types of industries including the asbestos, cement, fertilizer and petroleum industries without consent of the state board. The board can predicate its consent upon the fulfillment of certain conditions. The air act apparently adopts an industry wide “best available technology” requirement. As in the Water Act, courts may hear complaints under the Act only at the instigation of, or with the sanction of, the state board.

The air act was enacted in 1981 under article @53 of the Constitution of India which gives power to central government to make laws to implement decisions taken at international conferences. The act represents the decisions made at United Nations Conference on Human Environment held at Stolkholm in 1972. Executive functions under the act are carried out in the states by State Pollution Control Boards.

The most significant feature of the act is that the Central Pollution Control Board (CPCB) constituted under Section 3 of the Water act, acquires jurisdiction under the Air act. Similarly state boards established under the Water act similarly acquire jurisdiction under the Air act. The Air act provides for State boards even in states which do not have pollution control boards established under the Water act. The central board under this act advises the central government, plans and executes nationwide programmes, and coordinates the activities of the state boards. The central government is given the power to issue binding directions to the central board and the State boards. The functions of the SPCB similarly consist of implementation of the ground objectives spelt out under the act. Under the air act, air pollution is sought to be combated by means of declaration of restricted areas, prohibition of the use of pollution fuel and substances, as well as by regulating the appliances that give rise to air pollution.

The state boards are authorized to implement the standards set by the central board, restrict the operation of certain industrial plants and issue consent orders on payment of a prescribed fee, upon conditions deemed necessary for the abatement of pollution. Non-compliance with the conditions will lead to the


cancellation of the consent which, in turn, raises the culpability and liability of the offending individual or industry. Every person who has obtained the consent is expected to install control equipment specified by the board. The person concerned is also expected to keep the equipment in good condition.

1.5 Water (Prevention and Control of Pollution) Act

The Water act 1974 with certain amendments in 1978 is an extensive legislation with more than sixty sections for the prevention and control of water pollution. Among other things, the Act provides for constitution of central and state boards for preventing water pollution, power to take water samples and their analysis, discharge of sewage or trade effluents, appeals, revision, minimum and maximum penalties, publication of names of offenders, offences by companies and government departments, cognizance of offences, water laboratories, analysis etc. Prevention and control of water pollution is achieved through a permit or ‘consent administration’ procedure. Discharge of effluents is permitted by obtaining the consent of the state water board, subject to any condition they specify. Any person who fails to comply with a directive of the state cannot, however, entertain in suit under this act unless the suit is brought by, or with the sanction of the state board.

The water act of 1974 represents one of India's first attempts to deal comprehensively with an environmental issue. The Act was amended in 1988 to conform closely to the provisions of the Environment (Protection) Act, 1986. The Water Act is comprehensive in its coverage. It applies to streams, inland waters, subterranean waters and sea or tidal waters. Standards for the discharge of the effluent or the quality of receiving waters are not specified in the Act itself. Instead, the act enables the state boards to prescribe these standards. The Water Act regulates water pollution through a system of "command and control". Effluent discharge standards are established and persons whose discharges exceed the standards are subject to fines and imprisonment. The Water Act provides for a permit system or consent procedure to prevent and control pollution. A person must obtain consent from the state board before taking steps to establish any industry, operation or process, any treatment or disposal system or any extension or addition to such a system. Some relevant provisions of the Water Act are discussed below.

According to the act, contamination of water, alteration of the physical, chemical, and biological properties of water discharge of any sewage, trade effluent, gaseous, solid substance into water, directly or indirectly, or is likely to create a nuisance, or render such water harmful or injurious to public health or safety or to domestic, commercial, industrial, agriculture or any other legitimate uses, or to the life and health of animals or plants or of aquatic animals, is water pollution. Any liquid, gaseous or solid substance which is discharged from any


premises used for carrying on any industry, operation or process or treatment and disposal system, other than domestic sewage.

The act sets up the Central Pollution Control Board (CPCB) and the State Pollution Control Board (SPCB), and also envisages an innovative mechanism under which two or more states with common borders and resources can establish joint state pollution control boards. The central board and the state boards are vested with legal personality by virtue of which they can acquire, hold and dispose of property, sue or be sued.

1.5.1 Functions of the CPCB

Advice the central government on matters concerning the prevention and control of water pollution.

Coordinate the activities of the state boards and resolve disputes among them.

Provide technical assistance and guidance to the state boards.

Carry out and sponsor investigations or research relating to matters of water pollution.

Organize training programmes for officers involved in prevention and control of water pollution.

Collect and publish data.

Lay down standards in consultation with the concerned state government.

1.5.2 Functions of the SPCB

Drawing up comprehensive plans for the prevention and control of water pollution in the state.

Advice the state government on matters concerning prevention and control of water pollution.

Organise training programmes for officer involved in prevention and control of water pollution.

Lay down standards.

Evolve economical and reliable methods of treatment of effluents.

The SPCB functions under the direction of the CPCB and the state government, and the CPCB acts under the authority of the central government. In cases of conflict between the CPCB and SPCB, the matter is referred to the central government for a decision. Under this section the state government in consultation with the SPCB, has the power to restrict the application of the Water act to certain areas. The SPCB is empowered to lift samples for analysis and have them analysed from government notified environmental laboratories.


1.6 Wild Life Protection Act

Appreciating the desirability of wildlife conservation, the Government of India enacted the Wildlife (Protection) Act, 1972. The act, a landmark in the history of wildlife legislation in our country by which wildlife was transferred from state list to concurrent list in 1976, thus giving power to the Central Government to enact the legislation. In India, nearly 134 animal species have been regarded as threatened. As against this one mammalian and three avian species have already become extinct, 71 mammals, 47 birds and 15 reptile species have been declared threatened. A national wildlife action plan has been prepared whose objective is to establish a network of scientifically managed areas such as national parks, sanctuaries and biosphere reserves, to cover representative and viable samples of all significant bio-geographic subdivisions within the country. Thus, as of today, there are 67 national parks and 394 sanctuaries in India, representing four per cent of the geographic area of the country. The major activities and provisions in the act can be summed up as follows:

It defines the wildlife related terminology.

It provides for the appointment of wildlife advisory board, wildlife warden, their powers, duties. Under the act, comprehensive listing of endangered wildlife species was done for the first time and prohibition of hunting of the endangered species was mentioned.

Protection to some endangered plants like bed dome cycad, blue vanda, ladies slipper orchid, pitcher plant etc. is also provided under the act.

The act provides for setting up of national parks, wild life sanctuaries etc.

The act provides for the constitution of central Zoo authority.

There is provision for trade and commerce in some wildlife species with license for sale, possession and transfer.

The act imposes a ban on the trade or commerce in scheduled animals.

It provides for legal powers to officers and punishment of offenders.

It provides for captive breeding programme for endangered species. Several conservation projects for individual endangered species like lion (1972), tiger (1973), crocodile (1974), and deer (1981) were started under this act.

1.7 Forest (Conservation) Act

To appreciate the importance of the Forest Conservation Act of 1980, which was amended in 1988, it is essential to understand its historical background. The Indian Forest Act of 1927 consolidated all the previous laws regarding forests that were passed before the 1920s. The Act gave the government and forest


department, the power to create reserved forests, and the right to use Reserved Forests for Government use alone. It also created protected forests, in which the use of resources by local people was controlled. Some forests were to be controlled by the village community, and these were called village Forests. The Act remained in force till the 1980s when it was realized that protecting forests for timber production alone was not acceptable. The other values of protecting the services that forests provide and its valuable assets such as biodiversity began to overshadow the importance of their revenue earnings from timber. Thus a new Act was essential. This led to the Forest Conservation Act of 1980 and its amendment in 1988. India’s first Forest Policy was enunciated in 1952. Between 1952 and 1988, the extent of deforestation was so great that it became essential to formulate a new policy on forests and their utilization. The earlier forest policies had focused only on revenue generation. In the 1980’s it became clear that forests must be protected for their other functions such as the maintenance of soil and water regimes centered around ecological concerns. It also provided for the use of goods and services of the forest for its local inhabitants. The new policy framework made conversion of forests into other uses much less possible. Conservation of the forests as a natural heritage finds a place in the new policy, which includes the preservation of its biological diversity and genetic resources. It also values meeting the needs of local people for food, fuel wood, fodder and non timber forest produce. It gives priority to maintaining environmental stability and ecological balances. It expressly states that the network of protected areas should be strengthened and extended.

In 1992, the 73rd and 74th amendments to the Constitution furthered governance through panchayats. They allow the States to invest the local panchayats with the authority to manage local forest resources. The Forest Conservation Act of 1980 was enacted to control deforestation. It ensured that forestlands could not be de-reserved without prior approval of the Central Government. This was created as some States had begun to de-reserve the reserved forests for non-forest use. These states had regularized encroachments and resettled ‘project affected people’ from development projects such as dams in these de-reserved areas. The Act made it possible to retain a greater control over the frightening level of deforestation in the country and specified penalties for offenders. Penalties for offences in protected forests: A person who commits any of the following offences like felling trees, stripping the bark or leaves of trees, setting fire to such forests, kindling a fire without taking precautions to prevent its spreading, dragging timber, or permitting cattle to damage any tree, shall be punishable with imprisonment for a term which may extend to six months. When there is a reason to believe that a forest offence has been committed pertaining to any forest produce, the produce together with all tools used in committing such offences may be seized by any forest officer or police officer. Every officer seizing any property under this section shall put on the


property a mark indicating the seizure and report the seizure to the magistrate who has the jurisdiction to try the offence. Any forest officer, even without an order from the magistrate or a warrant, can arrest any person against whom a reasonable suspicion exists.

The FCA was adopted in 1980 to protect and conserve forests. The act restricts the powers of the state in respect of de reservation of forests and the use of forest lands for non-forest purposes. An advisory committee has been created to oversee the implementation of the statute. The FCA is relevant for the power sector for the siting guidelines for both thermal and hydroelectric power plants, and for passage of transmission through forest areas, since it would involve use of forest land for "non-forest" purposes. According to "notwithstanding anything contained in any other law for the time being in force in a State, no State Government, or other authority shall, except with the prior approval of the Central Government, make any order directing: de-reservation of a reserved forest, use any forest land for any non-forest purpose, assign any forest land to any private person or entity not controlled by the Government and clear any forest land of naturally grown trees for the purpose of using it for reforestation”.

The term ‘non-forest purpose’ includes clearing any forest land for cultivation of cash crops, plantation crops, horticulture or medicinal plants and any purpose other than re-afforestation. FCA applies to any forest land irrespective of whether or not it has been declared reserved. It covers the extended meaning of a tract of land covered with trees, shrubs, vegetation and undergrowth intermingled with trees and pasture, be it of natural growth or man-made forestation. Such extended meaning is justified in order to make FAC effective "as well as to preserve forest land from deforestation, to maintain ecology and to prevent environmental degradation". Therefore, the term forests includes not only forests in the dictionary meaning but also any area recorded as forests in Government records irrespective of the ownership.

The Forest (Conservation) Rules. 1981 empower the central government to constitute a seven-member committee to advise the central government on proposal made by a state government for conversion of a forest land. The rules contain a detailed format for the state government to follow, while asking for approval from the central government. The proposal requires:

(a) project details; (b) location, land involved, legal status, details of flora and fauna, density,

vulnerability to erosion, existence of a national park, wildlife sanctuary etc; (c) details of displacement of people due to the project; (d) details of possible impact on the forest land; (e) cost-benefit analysis; and (f) opinion of the head of the state forest department.


1.8 Municipal Solid Wastes (Management and Handling) Rules

The activities associated with the management of municipal solid wastes from the point of generation to the final disposal can be grouped into six functional elements viz., waste generation, waste handling, sorting, storage, and processing at the source, waste collection, waste sorting, processing and transformation, waste transfer and transport and waste disposal. Current thinking on the best methods to deal with waste is centered on a broadly accepted “Hierarchy of waste management” (arrangement in order of rank), which gives a priority listing of waste management options available (Figure 1.1). The hierarchy gives important general guidelines on the relative desirability of different management options. The hierarchy usually adopted is

(a) waste minimization/reduction at source,

(b) recycling,

(c) waste processing (with recovery of resources i.e. materials (products) and energy),

(d) waste transformation without recovery of resources and

(e) disposal on land (land filling).

Fig. 1.1 Hierarchy of waste management.

The highest rank of the MSWM hierarchy is waste minimization or reduction at source, which involves reducing the amount of the wastes produced. Reduction of the waste at the source is first in the hierarchy because it is the most effective way to reduce the quantity of waste, the cost associated with it and its environmental impacts.

Waste minimization/source reduction

Material recycling

Waste processing

Energy & material recovery

Waste transformation

Land filling


1.8.1 Collection of Municipal Solid Wastes

Littering of municipal solid waste shall be prohibited in cities, towns and in urban areas notified by the State Governments. To prohibit littering and facilitate compliance, the following steps shall be taken by the municipal authority, namely:

(i) Organising house-to-house collection of municipal solid wastes through any of the methods, like community bin collection (central bin), house-to-house collection, collection on regular pre-informed timings and scheduling by using bell ringing of musical vehicle (without exceeding permissible noise levels);

(ii) Devising collection of waste from slums and squatter areas or localities including hotels, restaurants, office complexes and commercial areas;

(iii) Wastes from slaughter houses, meat and fish markets, fruits and vegetable markets, which are biodegradable in nature, shall be managed to make use of such wastes;

(iv) Bio-medical wastes and industrial wastes shall not be mixed with municipal solid wastes and such wastes shall follow the rules separately specified for the purpose;

(v) Collected waste from residential and other areas shall be transferred to community bin by hand-driven containerized carts or other small vehicles;

(vi) Horticultural and construction or demolition wastes or debris shall be separately collected and disposed off following proper norms. Similarly, wastes generated at dairies shall be regulated in accordance with the State laws;

(vii) Waste (garbage, dry leaves) shall not be burnt;

(viii) Stray animals shall not be allowed to move around waste storage facilities or at any other place in the city or town and shall be managed in accordance with the State laws.

The municipal authority shall notify waste collection schedule and the likely method to be adopted for public benefit in a city or town. It shall be the responsibility of generator of wastes to avoid littering and ensure delivery of wastes in accordance with the collection and segregation system to be notified by the municipal authority.

1.8.2 Segregation of Municipal Solid Wastes

In order to encourage the citizens, municipal authority shall organise awareness programmes for segregation of wastes and shall promote recycling or reuse of segregated materials. The municipal authority shall undertake phased programme to ensure community participation in waste segregation. For this purpose, regular meetings at quarterly intervals shall be arranged by the


municipal authorities with representatives of local resident welfare associations and non-governmental organizations.

1.8.3 Storage of Municipal Solid Wastes

Municipal authorities shall establish and maintain storage facilities in such a manner as they do not create unhygienic and insanitary conditions around it. Following criteria shall be taken into account while establishing and maintaining storage facilities, namely:

(i) Storage facilities shall be created and established by taking into account quantities of waste generation in a given area and the population densities. A storage facility shall be so placed that it is accessible to users;

(ii) Storage facilities to be set up by municipal authorities or any other agency shall be so designed that wastes stored are not exposed to open atmosphere and shall be aesthetically acceptable and user-friendly;

(iii) Storage facilities or ‘bins’ shall have ‘easy to operate’ design for handling, transfer and transportation of waste. Bins for storage of bio-degradable wastes shall be painted green, those for storage of recyclable wastes shall be printed white and those for storage of other wastes shall be printed black;

(iv) Manual handling of waste shall be prohibited. If unavoidable due to constraints, manual handling shall be carried out under proper precaution with due care for safety of workers.

1.8.4 Transportation of Municipal Solid Wastes

Vehicles used for transportation of wastes shall be covered. Waste should not be visible to public, nor exposed to open environment preventing their scattering. The following criteria shall be met, namely:

(i) The storage facilities set up by municipal authorities shall be daily attended for clearing of wastes. The bins or containers wherever placed shall be cleaned before they start overflowing;

(ii) Transportation vehicles shall be so designed that multiple handling of wastes, prior to final disposal, is avoided.

1.8.5 Processing of Municipal Solid Wastes

Municipal authorities shall adopt suitable technology or combination of such technologies to make use of wastes so as to minimize burden on landfill. Following criteria shall be adopted.


(i) The biodegradable wastes shall be processed by composting, vermicomposting, anaerobic digestion or any other appropriate biological processing for stabilization of wastes. It shall be ensured that compost or any other end product shall comply with standards.

(ii) Mixed waste containing recoverable resources shall follow the route of recycling. Incineration with or without energy recovery including pelletisation can also be used for processing wastes in specific cases. Municipal authority or the operator of a facility wishing to use other state-of-the-art technologies shall approach the Central Pollution Control Board to get the standards laid down before applying for grant of authorisation.

1.8.6 Disposal of Municipal Solid Wastes

Land filling shall be restricted to non-biodegradable, inert waste and other waste that are not suitable either for recycling or for biological processing. Land filling shall also be carried out for residues of waste processing facilities as well as pre-processing rejects from waste processing facilities. Land filling of mixed waste shall be avoided unless the same is found unsuitable for waste processing. Under unavoidable circumstances or till installation of alternate facilities, land-filling shall be done following proper norms. Landfill sites shall meet the specifications as given in respective organisations.

1.8.7 Specifications for Landfill Sites

Site Selection: In areas falling under the jurisdiction of ‘Development Authorities’ it shall be the responsibility of such Development Authorities to identify the landfill sites and handover the sites to the concerned municipal authority for development, operation and maintenance. Elsewhere, this responsibility shall lie with the concerned municipal authority. Selection of landfill sites shall be based on examination of environmental issues. The Department of Urban Development of the State or the Union territory shall co-ordinate with the concerned organisations for obtaining the necessary approvals and clearances. The landfill site shall be planned and designed with proper documentation of a phased construction plan as well as a closure plan. The landfill sites shall be selected to make use of nearby wastes processing facility. Otherwise, wastes processing facility shall be planned as an integral part of the landfill site. The existing landfill sites which continue to be used for more than five years, shall be improved in accordance of the specifications.

Biomedical wastes shall be disposed off in accordance with the Bio-medical Wastes (Management and Handling) Rules, 1998 and hazardous wastes shall be managed in accordance with the Hazardous Wastes (Management and Handling) Rules, 1989, as amended from time to time. The landfill site shall be away from


habitation clusters, forest areas, water bodies, monuments, National Parks, Wetlands and places of important cultural, historical or religious interest. A buffer zone of no-development shall be maintained around landfill site and shall be incorporated in the Town Planning Department’s land-use plans. Landfill site shall be away from airport including airbase. Necessary approval of airport or airbase authorities prior to the setting up of the landfill site shall be obtained in cases where the site is to be located within 20 km of an airport or airbase.

Facilities at the Site: Landfill site shall be fenced or hedged and provided with proper gate to monitor incoming vehicles or other modes of transportation.

The landfill site shall be well protected to prevent entry of unauthorised persons and stray animals. Approach and other internal roads for free movement of vehicles and other machinery shall exist at the landfill site. The landfill site shall have wastes inspection facility to monitor wastes brought in for landfill, office facility for record keeping and shelter for keeping equipment and machinery including pollution monitoring equipments. Provisions like weigh bridge to measure quantity of waste brought at landfill site, fire protection equipments and other facilities as may be required shall be provided. Utilities such as drinking water (preferably bathing facilities for workers) and lighting arrangements for easy landfill operations when carried out in night hours shall be provided. Safety provisions including health inspections of workers at landfill site shall be periodically made.

Specifications for Land Filling: Wastes subjected to land filling shall be compacted in thin layers using landfill compactors to achieve high density of the wastes. In high rainfall areas where heavy compactors cannot be used, alternative measures shall be adopted. Wastes shall be covered immediately or at the end of each working day with minimum 10 cm of soil, inert debris or construction material till such time waste processing facilities for composting or recycling or energy recovery are set up. Prior to the commencement of monsoon season, an intermediate cover of 40-65 cm thickness of soil shall be placed on the landfill with proper compaction and grading to prevent infiltration during monsoon. Proper drainage berms shall be constructed to divert run-off away from the active cell of the landfill. After completion of landfill, a final cover shall be designed to minimize infiltration and erosion. The final cover shall meet the following specifications, namely:

(a) The final cover shall have a barrier soil layer comprising of 60 cm of clay or amended soil with permeability coefficient less that 1 × 10–7 cm/sec.

(b) On top of the barrier soil layer there shall be a drainage layer of 15 cm and


(c) On top of the drainage layer there shall be a vegetative layer of 45 cm to support natural plant growth and to minimize erosion.

1.8.8 Pollution Prevention

In order to prevent pollution problems from landfill operations, the following provisions shall be made, namely:

(a) Diversion of storm water drains to minimize leachate generation and prevent pollution of surface water and also for avoiding flooding and creation of marshy conditions;

(b) Construction of a non-permeable lining system at the base and walls of waste disposal area. For landfill receiving residues of waste processing facilities or mixed waste or waste having contamination of hazardous materials (such as aerosols, bleaches, polishes, batteries, waste oils, paint products and pesticides) minimum liner specifications shall be a composite barrier having 1.5 mm high density polyethylene (HDPE) geomembrane, or equivalent, overlying 90 cm of soil (clay or amended soil) having permeability coefficient not greater than 1 × 10–7 cm/sec. The highest level of water table shall be at least two meter below the base of clay or amended soil barrier layer;

(c) Provisions for management of leachates collection and treatment shall be made. The treated leachates shall meet the standards specified.

(d) Prevention of run-off from landfill area entering any stream, river, lake or pond.

1.8.9 Water Quality Monitoring

Before establishing any landfill site, baseline data of ground water quality in the area shall be collected and kept in record for future reference. The ground water quality within 50 metres of the periphery of landfill site shall be periodically monitored to ensure that the ground water is not contaminated beyond acceptable limit as decided by the Ground Water Board or the State Board or the Committee. Such monitoring shall be carried out to cover different seasons in a year that is, summer, monsoon and post-monsoon period.

Usage of groundwater in and around landfill sites for any purpose (including drinking and irrigation) is to be considered after ensuring its quality. The Table 1.2 shows specifications for drinking water quality shall apply for monitoring purpose.


Table 1.2 Specifications for drinking water quality

S. No Parameters IS 10500: 1991 Desirable limit

( mg/l except for pH)

1. Arsenic 0.05

2. Cadmium 0.01

3. Chromium 0.05

4. Copper 0.05

5. Cyanide 0.05

6. Lead 0.05

7. Mercury 0.001

8. Nickel -

9. Nitrate as NO3 45.0

10. PH 6.5-8.5

11. Iron 0.3

12. Total hardness (as CaCO3) 300.0

13. Chlorides 250

14. Dissolved solids 500

15. Phenolic compounds (as C6H5OH) 0.011

16. Zinc 5.0

17. Sulphate (as SO4) 200

(Source: MoEF, GoI)

1.8.10 Ambient Air Quality Monitoring

Installation of landfill gas control system including gas collection system shall be made at landfill site to minimize odour generation, prevent off-site migration of gases and to protect vegetation planted on the rehabilitated landfill surface.

The concentration of methane gas generated at landfill site shall not exceed 25 per cent of the lower explosive limit (LEL). The landfill gas from the collection facility at a landfill site shall be utilized for either direct thermal applications or power generation, as per viability. Otherwise, landfill gas shall be burnt (flared) and shall not be allowed to directly escape to the atmosphere or for illegal tapping. Passive venting shall be allowed if its utiliztion or flaring is not possible. Ambient air quality at the landfill site and at the vicinity shall be monitored to meet the following specified standards (Table 1.3).


Table 1.3 Specified standards ambient air quality

S. No Parameters Acceptable levels

(i) Sulphur dioxide 120 / m3 ( 24 hours)

(ii) Suspended Particulate Matter 500 / m3 (24 hours)

(iii) Methane Not to exceed 25 per cent of the lower explosive limit (equivalent to 650 / m3)

(iv) Ammonia daily average

(Sample duration 24 hrs)

0.4 / m3 (400 / m3)

(v) Carbon monoxide 1 hour average : 2 / m3

8 hour average : 1 / m3

1.8.11 Plantation at Landfill Site

A vegetative cover shall be provided over the completed site in accordance with the following specifications, namely:

(a) Selection of locally adopted non-edible perennial plants that are resistant to drought and extreme temperatures shall be allowed to grow;

(b) The plants grown be such that their roots do not penetrate more than 30 cm. This condition shall apply till the landfill is stabilised;

(c) Selected plants shall have ability to thrive on low-nutrient soil with minimum nutrient addition;

(d) Plantation to be made in sufficient density to minimize soil erosion.

1.8.12 Closure of Landfill Site

The post-closure care of landfill site shall be conducted for at least fifteen years and long term monitoring or care plan shall consist of the following, namely :

(a) Maintaining the integrity and effectiveness of final cover, making repairs and preventing run-on and run-off from eroding or otherwise damaging the final cover;

(b) Monitoring leachate collection system in accordance with the requirement;

(c) Monitoring of ground water in accordance with requirements and maintaining ground water quality;

(d) Maintaining and operating the landfill gas collection system to meet the standards.

Use of closed landfill sites after fifteen years of post-closure monitoring can be considered for human settlement or otherwise only after ensuring that gaseous and leachate analysis comply with the specified standards.


1.8.13 Special Provisions for Hilly Areas

Cities and towns located on hills shall have location-specific methods evolved for final disposal of solid wastes by the municipal authority with the approval of the concerned State Board or the Committee. The municipal authority shall set up processing facilities for utilization of biodegradable organic wastes. The inert and non-biodegradable waste shall be used for building roads or filling-up of appropriate areas on hills. Because of constraints in finding adequate land in hilly areas, wastes not suitable for road-laying or filling up shall be disposed off in specially designed landfills.

1.8.14 Standards for Composting, Treated Leachates and Incineration

1. The waste processing or disposal facilities shall include composting, incineration, pelletisation, energy recovery or any other facility based on state-of-the-art technology duly approved by the Central Pollution Control Board

2. In case of engagement of private agency by the municipal authority, a specific agreement between the municipal authority and the private agency shall be made particularly, for supply of solid waste and other relevant terms and conditions.

3. In order to prevent pollution problems from compost plant and other processing facilities, the following shall be complied with, namely:

(i) The incoming wastes at site shall be maintained prior to further processing. To the extent possible, the waste storage area should be covered. If, such storage is done in an open area, it shall be provided with impermeable base with facility for collection of leachate and surface water run-off into lined drains leading to a leachate treatment and disposal facility;

(ii) Necessary precautions shall be taken to minimise nuisance of odour, flies, rodents, bird menace and fire hazard;

(iii) In case of breakdown or maintenance of plant, waste intake shall be stopped and arrangements be worked out for diversion of wastes to the landfill site;

(iv) Pre-process and post-process rejects shall be removed from the processing facility on regular basis and shall not be allowed to pile at the site. Recyclables shall be routed through appropriate vendors. The non-recyclables shall be sent for well designed landfill site(s).

(v) In case of compost plant, the windrow area shall be provided with impermeable base. Such a base shall be made of concrete or compacted clay, 50 cm thick, having permeability coefficient less than


10–7 cm/sec. The base shall be provided with 1 to 2 per cent slope and circled by lined drains for collection of leachate or surface run-off;

(vi) Ambient air quality monitoring shall be regularly carried out particularly for checking odour nuisance at down-wind direction on the boundary of processing plant.

In order to ensure safe application of compost, the following specifications (Table 1.4) for compost quality shall be considered.

Table 1.4 Specifications of compost quality

Parameters Concentration not to exceed *

(mg/kg dry basis, except pH value and C/N ratio)

Arsenic 10.00

Cadmium 5.00

Chromium 50.00

Copper 300.00

Lead 100.00

Mercury 0.15

Nickel 50.00

Zinc 1000.00

C/N ratio 20-40

PH 5.5-8.5

* Compost (final product) exceeding the above stated concentration limits shall not be used for food crops.

However, it may be utilized for purposes other than growing food crops.

The disposal of treated leachates shall follow the standards, given in Table 1.5.

Table 1.5

S. No Parameter

Standards (Mode of Disposal)

Inland surface water

Public sewers

Land disposal

1. Suspended solids, mg/l, max 100 600 200

2. Dissolved solids (inorganic) mg/l, max 2100 2100 2100

3. PH value 5.5 to 9.0 5.5 to 9.0 5.5 to 9.0

4. Ammonical nitrogen (as N), mg/l, max. 50 50 -

5. Total Kjeldahl nitrogen (as N), mg/l, max. 100 - -

6. Biochemical oxygen demand

(3 days at 27 0C) max.(mg/l) 30

350 100

Contd….


S. No Parameter

Standards (Mode of Disposal)

Inland surface water

Public sewers

Land disposal

7. Chemical oxygen demand, mg/l, max. 250 - -

8. Arsenic (as As), mg/l, max 0.2 0.2 0.2

9. Mercury (as Hg), mg/l, max 0.01 0.01 -

10. Lead (as Pb), mg/l, max 0.1 1.0 -

11. Cadmium (as Cd), mg/l, max 2.0 1.0 -

12. Total Chromium (as Cr), mg/l, max. 2.0 2.0 -

13. Copper (as Cu), mg/l, max. 3.0 3.0 -

14. Zinc (as Zn), mg/l, max. 5.0 15 -

15. Nickel (as Ni), mg/l, max 3.0 3.0 -

16. Cyanide (as CN), mg/l, max. 0.2 2.0 0.2

17. Chloride (as Cl), mg/l, max. 1000 1000 600

18. Fluoride (as F), mg/l, max 2.0 1.5 -

19 Phenolic compounds (as C6H5OH) mg/l, max.

1.0 5.0 -

Note : While discharging treated leachates into inland surface waters, quantity of leachates being discharged

and the quantity of dilution water available in the receiving water body shall be given due consideration.

The incinerators shall meet the following operating and emission standards.

The operating standards of incinerators are

The combustion efficiency (CE) shall be at least 99.00%.

The combustion efficiency is computed as follows:

2

2

%COC.E.= ×100

%CO +%CO

The Emission Standards of Incinerators are given below:

(a) Suitably designed pollution control devices shall be installed or retrofitted with the incinerator to achieve the above emission limits, if necessary.

(b) Waste to be incinerated shall not be chemically treated with any chlorinated disinfectants.

(c) Chlorinated plastics shall not be incinerated.

(d) Toxic metals in incineration ash shall be limited within the regulatory quantities as specified in the Hazardous Wastes (Management and Handling) Rules, 1989 as amended from time to time.

(e) Only low sulphur fuel or Diesel shall be used as fuel in the incinerator.


S. No. Parameters Concentration mg/Nm3 at

(12% CO2 correction)

1. Particulate matter 150

. Nitrogen Oxides 450

3. HCl 50

4. Minimum stack height shall be 30 metres above ground.

5. Volatile organic compounds in ash shall not be more than

0.01%

1.9 Biomedical Waste Management and Handling Rules

Hospital waste is generated during the diagnosis, treatment, or immunization of human beings or animals or in research activities in these fields or in the production or testing of biologicals. It may include wastes like sharps, soiled waste, disposables, anatomical waste, cultures, discarded medicines, chemical wastes, etc. These are in the form of disposable syringes, swabs, bandages, body fluids, human excreta, etc. This waste is highly infectious and can be a serious threat to human health if not managed in a scientific and discriminate manner. It has been roughly estimated that of the 4 kg of waste generated in a hospital at least 1 kg would be infected. These wastes are categorized into 10 different categories as:

1. Human anatomical waste (tissues, organs, body parts etc.).

2. Animal waste.

3. Microbiology and biotechnology waste, such as, laboratory cultures, microorganisms, human and animal cell cultures, toxins etc.

4. Waste sharps such as, hypodermic needles, syringes, scalpels, broken glass etc.

5. Discarded medicines and cyto-toxic drugs.

6. Soiled waste, such as dressings, bandages, plaster casts, material contaminated with blood etc.

7. Solid waste (disposal items like tubes, catheters etc., excluding sharps).

8. Liquid waste generated from any of the infected areas.

9. Incineration ash.

10. Chemical waste.

Surveys carried out by various agencies show that the health care establishments in India are not giving due attention to their waste management. After the notification of the Bio-medical Waste (Handling and Management) Rules, 1998, these establishments are slowly streamlining the process of waste


segregation, collection, treatment, and disposal. Many of the larger hospitals have either installed the treatment facilities or are in the process of doing so.

1.9.1 Treatment and Disposal

1. Bio-medical waste shall be treated and disposed of in accordance with and in compliance with the standards prescribed.

2. Every occupier, where required, shall set up in accordance with the time-schedule requisite bio-medical waste treatment facilities like incinerator, autoclave, microwave system for the treatment of waste or ensure requisite treatment of waste at a common waste treatment facility or any other waste treatment facility.

1.9.2 Segregation, Packaging, Transportation and Storage

1. Bio-medical waste shall not be mixed with other wastes.

2. Bio-medical waste shall be segregated into containers/bags at the point of generation in accordance with the rules prior to its storage, transportation, treatment and disposal.

3. If a container is transported from the premises where bio-medical waste is generated to any waste treatment facility outside the premises, the container shall, apart from the label also carry information prescribed.

4. Notwithstanding anything contained in the Motor Vehicles Act, 1988, or rules thereunder, untreated biomedical waste shall be transported only in such vehicle as may be authorised for the purpose by the competent authority as specified by the government.

5. No untreated bio-medical waste shall be kept stored beyond a period of 48 hours provided that if for any reason it becomes necessary to store the waste beyond such period, the authorised person must take permission of the prescribed authority and take measures to ensure that the waste does not adversely affect human health and the environment.

1.9.3 Prescribed Authority

1. The Government of every State and Union Territory shall establish a prescribed authority with such members as may be specified for granting authorisation and implementing rules. If the prescribed authority comprises of more than one member, a chairperson for the authority shall be designated.

2. The prescribed authority for the State or Union Territory shall be appointed within one month of the coming into force of rules.

3. The prescribed authority shall function under the supervision and control of the respective Government of the State or Union Territory.


4. The prescribed authority shall on receipt of Form 1 make such enquiry as it deems fit and if it is satisfied that the applicant possesses the necessary capacity to handle bio-medical waste in accordance with rules, grant or renew an authorisation as the case may be.

5. An authorisation shall be granted for a period of three years, including an initial trial period of one year from the date of issue. Thereafter, an application shall be made by the occupier/operator for renewal. All such subsequent authorisation shall be for a period of three years. A provisional authorisation will be granted for the trial period, to enable the occupier/operator to demonstrate the capacity of the facility.

6. The prescribed authority may after giving reasonable opportunity of being heard to the applicant and for reasons thereof to be recorded in writing, refuse to grant or renew authorisation.

7. Every application for authorisation shall be disposed off by the prescribed authority within ninety days from the date of receipt of the application.

8. The prescribed authority may cancel or suspend an authorisation, if for reasons to be recorded in writing, the occupier/operator has failed to comply with any provision of the act, provided that no authorisation shall be cancelled or suspended without giving a reasonable opportunity to the occupier/operator of being heard.

9. Every occupier of an institution generating, collecting, receiving, storing, transporting, treating, disposing and/or handling bio-medical waste in any other manner, except such occupier of clinics, dispensaries, pathological laboratories, blood banks providing treatment/service to less than 1000 (one thousand) patients per month, shall make an application prescribed for the purpose to the competent authority for grant of authorisation. Every operator of a bio-medical waste facility shall make an application to the prescribed authority for grant of authorisation. Every application for grant of authorisation shall be accompanied by a fee as may be prescribed by the Government of the State or Union Territory.

The Government of every State/Union Territory shall constitute an advisory committee. The committee will include experts in the field of medical and health, animal husbandry and veterinary sciences, environmental management, municipal administration, and any other related department or organisation including non-governmental organisations. The State Pollution Control Board/Pollution Control Committee shall be represented. As and when required, the committee shall advise the Government of the State/Union Territory and the prescribed authority about matters related to the implementation of rules.

Every occupier/operator shall submit an annual report to the prescribed authority every year to include information about the categories and quantities of


bio-medical wastes handled during the preceding year. The prescribed authority shall send this information in a compiled form to the Central Pollution Control Board. Every authorised person shall maintain records related to the generation, collection, reception, storage, transporation, treatment, disposal and/or any form of handling of bio-medical waste in accordance with these rules and any guidelines issued. All records shall be subject to inspection and verification by the prescribed authority at any time.

When any accident occurs at any institution or facility or any other site where bio-medical waste is handled or during transportation of such waste, the authorised person shall report the accident to the prescribed authority forthwith.

Any person aggrieved by an order made by the prescribed authority under these rules may, within thirty days from the date on which the order is communicated to him, prefer an appeal to such authority as the Government of State/Union Territory may think fit to constitute: Provided that the authority may entertain the appeal after the expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. As per Ministry of Environment and Forest (MoEF) all the biomedical wastes are categorized as shown in Table 1.6.

Table 1.6 Categories of bio-medical waste

Option Waste Category Treatment & Disposal

Category No. I Human Anatomical Waste (human tissues, organs, body parts)

incineration@/deep burial*

Category No. 2 Animal Waste (animal tissues, organs, body parts, carcasses, bleeding parts, fluid, blood and experimental animals used in research, waste generated by veterinary hospitals, colleges, discharge from hospitals, animal houses)

incineration@/deep burial*

Category No 3 Microbiology & Biotechnology Waste (wastes from laboratory cultures, stocks or specimens of microorganisms live or attenuated vaccines, human and animal cell culture used in research and infectious agents from research and industrial laboratories, wastes from production of biologicals, toxins, dishes and devices used for transfer of cultures)

local autoclaving/microwaving/incineration@

Category No 4 Waste sharps (needles, syringes, scalpels, blades, glass, etc. that may cause puncture and cuts. This includes both used and unused sharps)

disinfection (chemical treatment@01/auto

claving/micro-waving and mutilation/ shredding"

Contd….


Option Waste Category Treatment & Disposal

Category No 5 Discarded Medicines and Cytotoxic drugs (wastes comprising of outdated, contaminated and discarded medicines)

incineration@/destruct ion and drugs disposal in

secured landfills

Category No 6 Solid Waste (Items contaminated with blood, and body fluids including cotton, dressings, soiled plaster casts, lines, beddings, other material contaminated with blood)

incineration@ autoclaving/microwaving

Category No. 7 Solid Waste (wastes generated from disposable items other than the waste shaprs such as tubings, catheters, intravenous sets etc).

disinfection by chemical treatment@@ autoclaving/ microwaving and mutilation/

shredding##

Category No. 8 Liquid Waste (waste generated from laboratory and washing, cleaning, house- keeping and disinfecting activities)

disinfection by chemical treatment@@ and

discharge into drains.

Category No. 9 Incineration Ash (ash from incineration of any bio-medical waste)

disposal in municipal landfill

Category No. 10

Chemical Waste (chemicals used in production of biologicals, chemicals used in disinfection, as insecticides, etc.)

chemical treatment@@ and discharge into drains for liquids and secured landfill for solids

@@ Chemicals treatment using at least 1% hypochlorite solution or any other equivalent chemical reagent. It must be ensured that chemical treatment ensures disinfection.

## Multilation/shredding must be such so as to prevent unauthorised reuse.

@ There will be no chemical pretreatment before incineration. Chlorinated plastics shall not be incinerated.

* Deep burial shall be an option available only in towns with population less than five lakhs and in rural areas.

1. Colour coding of waste categories with multiple treatment options as defined in Schedule I, shall be selected depending on treatment option chosen, which shall be as specified in Table 1.7.

2. Waste collection bags for waste types needing incineration shall not be made of chlorinated plastics.

3. Categories 8 and 10 (liquid) do not require containers/bags.

4. Category 3 if disinfected locally need not be put in containers/bags.


Table 1.7 Colour coding and type of container for disposal of bio-medical wastes

Colour Conding

Type of Container -I Waste Category Treatment options as per

Schedule I

Yellow Plastic bag Cat. 1, Cat. 2, and Cat. 3, Cat. 6. Incineration/deep burial

Red Disinfected container/plastic bag Cat. 3, Cat. 6, Cat.7.

Autoclaving/Microwaving/ Chemical Treatment

Blue/White translucent

Plastic bag/puncture proof Cat. 4, Cat. 7. Container

Autoclaving/Microwaving/ Chemical Treatment and destruction/shredding

Black Plastic bag Cat. 5 and Cat. 9 and Cat. 10. (solid) Disposal in secured landfill

1.10 Hazardous Waste Management and Handling Rules

Hazardous wastes may be defined as wastes of industrial, institutional or consumer origin which because of their physical, chemical or biological characteristics are potentially dangerous to human and the environment. In some cases although the active agents may be liquid or gaseous, they are classified as solid waste because they are confined in solid containers. Typical examples are solvents, paints and pesticides whose spent containers are frequently mixed with municipal wastes and become part of urban waste stream. Certain hazardous wastes cause explosions in incinerators and fires at landfill sites. Others, such as pathological wastes room hospitals and radioactive wastes, require special handling at all time. Good management practice should ensure that hazardous wastes are stored, collected, transported and disposed off separately, preferably after suitable treatment to render them innocuous. Table 1.8 shows the various categories of hazardous waste.

Table 1.8 Categories of Hazardous Wastes

Waste Categories Type of wastes Regulatory Quantities

Waste Category No. 4 Mercury, Arsenic, Thallium and

Cadmium bearing wastes.

5 kilogrammes per year; the sum

of the specified substance

calculated as pure metal.

Waste Category No. 5 Non-halogenated hydrocarbons

including solvent.

200 kilogrammes per year

calculated as non-halogenated

hydrocarbons

Waste Category No. 6 Halogenated hydrocarbon

including solvents

50 kilograms per year calculated

as helogenated hydrocarbons.

Waste Category No. 7 Wastes from paints, pigments,

glue, varnish and printing ink.


calculated as oil or oil emulsions.

Contd….


Waste Categories Type of wastes Regulatory Quantities

Waste Category No.8

Wastes from Dyes and Dye

intermediate containing

inorganic chemical compounds.


calculated as inorganic chemicals.

Waste Category No. 9

Wastes from Dyes and Dye

intermediate containing organic

chemical compounds.


calculated as organic chemicals.

Waste Category No. 10 Waste oil and oil emulsions. 1000 kilogrammes per year

calculated as oil and oil emulsions.


Tarry wastes from refining and

tar residues from distillation or

prolytic treatment.


calculated as tar


Sludges arising from treatment of waste waters containing heavy metals, toxic organics, oils emulsions and spend chemical and inceneration ash.

irrespective of any quantity.

Waste Category No. 13 Phenols. 5 kilogrammes per year calculated as phenols.

Waste Category No. 14 Asbestos. 200 kilogrammes per year calculated asbestos.


Wastes from manufacturing of pesticides and herbicides and residues from pesticides and, herbicides formulation units

5 kilogrammes per year calculated as pesticides and their intermediate products.

Waste Category No. 16 Acid/Alkaline/Slurry 200 kilogrammes per year calculated as Acids/Alkalies.

Wastes Category No. 17

Off-specification and discarded products.

Irrespective of any quantity.

Wastes Category No.18

Discarded containers and Containers linears of hazardous and toxic wastes.

Irrespective of any quantity.

1.11 EIA Notification

A draft notification under sub-rule (3) of rule 5 of the Environment (Protection) Rules, for imposing certain restriction and prohibition on new projects or activities or on the expansion or modernizations of existing projects or activities based on their potential environmental impacts as indicated in the schedule (chapter 14) to the notification, being undertaken in any part of India, unless prior environmental clearance has been accorded in accordance with the


objectives of National Environment Policy as approved by the Union Cabinet on 18th May, 2006 and the procedure specified in the notification by the Central Government or the State or Union Territory Level Environment Impact Assessment Authority (SEIAA), to be constituted by the Central Government in consultation with the State Government or the Union Territory Administration concerned under sub-section (3) of section 3 of the Environment (Protection) Act, 1986 for the purpose of this notification, was published in the Gazette of India. Extraordinary, Part II, section 3, sub-section (ii) vide number S.O. 1324 (E) dated the 15th September, 2005 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of Gazette containing the said notification were made available to the public. Copies of the said notification were made available to the public on 15th September, 2005. All objections and suggestions received in response to the above mentioned draft notification have been duly considered by the Central Government, in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, read with clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 and in supersession of the notification number S.O. 60 (E) dated the 27th January, 1994, except in respect of things done or omitted to be done before such supersession, the Central Government hereby directs that on and from the date of its publication the required construction of new projects or activities or the expansion or modernization of existing projects or activities listed in the Schedule to this notification entailing capacity addition with change in process and or technology shall be undertaken in any part of India only after the prior environmental clearance from the Central Government or as the case may be, by the State Level Environment Impact Assessment Authority, duly constituted by the Central Government in accordance with the procedure specified in the notification.

1.12 Biodiversity Act

Biological diversity or Biodiversity is defined as the variety and variability among living organisms from all sources, including inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part; this includes diversity within species, between species and of ecosystems.

1.12.1 The Convention on Biological Diversity

The Convention on Biological Diversity (CBD) is a landmark in the environment and development field, as it takes for the first time a comprehensive rather than a sectoral approach to the conservation of Earth’s biodiversity and sustainable use of biological resources. It was in the year 1984 that the need to have in place a global convention on biological diversity started gaining momentum. In response,


the United Nations Environment Programme (UNEP) in the year 1987 recognised the need to streamline international efforts to protect biodiversity. The Convention on Biological Diversity (CBD) was negotiated and signed by nations at the UNCED Earth Summit at Rio de Janeiro in Brazil in June 1992. The Convention came into force on December 29, 1993. India became a Party to the Convention in 1994. At present, there are 175 Parties to this Convention. The main objectives of the Convention are:

Conservation of biological diversity;

Sustainable use of the components of biodiversity;

Fair and equitable sharing of benefits arising out of the utilisation of genetic resources.

1.12.2 Biodiversity Authority

A National Biodiversity Authority has been set up at Chennai vide Gazette Notification dated 1st October, 2003 under the Biological Diversity Act 2002. The Act also provides for establishment of State level Boards and Local level Bio-diversity Management Committees to deal with any matter concerning conservation of Biological Diversity, its sustainable use and fair and equitable sharing of benefits arising out of the use of Biological resources and associated knowledge.

Detailed rules under the Act have been notified for implementation of the various Provisions of the Act. The National Biodiversity Authority is in process of developing norms for Access and Benefit Sharing as related to genetic Resources and Associated knowledge.

1.12.3 Biological Diversity Act

The Central Government has brought Biological Diversity Act, 2002 with the following salient features:

1. To regulate access to biological resources of the country with the purpose of securing equitable share in benefits arising out of the use of biological resources; and associated knowledge relating to biological resources;

2. To conserve and sustainably use biological diversity;

3. To respect and protect knowledge of local communities related to biodiversity;

4. To secure sharing of benefits with local people as conservers of biological resources and holders of knowledge and information relating to the use of biological resources;


5. Conservation and development of areas of importance from the standpoint of biological diversity by declaring them as biological diversity heritage sites;

6. Protection and rehabilitation of threatened species;

7. Involvement of institutions of state governments in the broad scheme of the implementation of the Biological Diversity Act through constitution of committees.

Tamil Nadu’s Biodiversity

Tamil Nadu is endowed with a rich biodiversity. The main natural habitat types are Forest, Mountains, Rivers, Wetlands, Mangroves and Beaches. Tamil Nadu has a geographical area of 1,30,058 km2, which constitutes about 4 per cent of the country’s total area. Tamil Nadu shares the Western Ghats (one of the 25 biodiversity hotspots) with the states of Kerala, Karnataka, Goa, Maharashtra and Gujarat. It shares the Eastern Ghats with the States of Andhra Pradesh and Orissa.

Tamil Nadu accounts for nearly 1/3rd of the total flora of India. Species and Generic diversity of flora of Tamil Nadu is comparatively richer than the neighbourhood states. The state of Tamil Nadu harbours a total of 5547 taxa that includes 5239 species, 72 subspecies and 548 varieties distributed in 231 families under 1668 genera. Dicots constitute a major part of the flora that account for 78 per cent comprising 1944 taxa of Polypetalae, 1720 taxa of Gamopetalae and 642 taxa of Monochlamydeae. Number of Monocots in Tamil Nadu includes 1241 taxa. The major groups of freshwater fauna occuring in Tamil Nadu is represented in freshwater wetlands. In general, insects dominate the freshwater fauna as found in other states (about 3000+ species). A total of 31+ and 153+ species of molluscs and fishes respectively, are so far recorded in Tamil Nadu. The Western Ghats exhibits a rich diversity of freshwater fish fauna. Of the 446 primary freshwater fishes known from India 230 species are found in the Western Ghats, of which 118 are endemic to this region. A total of 116 species belonging to 46 genera and 20 families are reported from Nilgiri Biosphere Reserve of which 11 species are endemic to Nilgiri.

The marine fauna of Tamil Nadu is rich and varied. There are 313 species of sponges and 131 species of echinoderms are recorded. Free swimmers or nekton are important components of marine biodiversity and constitute important fisheries of the world. The dominant taxa in the nekton of Tamil Nadu are fish (527 sps.) others being crustaceans (419 sps.), molluscs (336 sps.), reptiles (15 sps.) and mammals (29 sps.). Majority of the nektonic species is found in the coastal waters. There are 82 species of Scleractinian corals found in the Gulf of Manar Marine National Park (Fig. 1.2).


1.12.4 Biodiversity Loss in Tamil Nadu

Habitat destruction, overexploitation, pollution, and species introductions are the major causes of biodiversity loss in Tamil Nadu. Other factors include fires, which adversely affect regeneration in some cases, and such natural calamities as droughts, diseases, cyclones and floods. Habitat destruction, decimation of species, and the fragmentation of large contiguous populations into isolated, small, and scattered ones have rendered them increasingly vulnerable to inbreeding depression, high mortality, and susceptibility to environmental stochasticity and, in the long run, to extinction.

Fig. 1.2 Spotted deer

1.12.5 Major threats to Biodiversity

While non-recognition of the importance of biodiversity remains the principal and overriding threat to conservation initiatives, the following are agreed to be the major threats to biodiversity:

Uncontrolled commercial exploitation of natural resources

Habitat destruction, including destruction of forests, reclamation of wetlands etc,

Adhoc extension of high input agriculture

Conversion of rich biodiversity sites for human settlement and industrial development

Destruction of coastal areas


Fig. 1.3 Threats to biodiversity

1.12.6 Protected Areas and Biosphere reserves

An area of 307.85 sq.km. i.e., 1.36% of the total forest area has been brought under National Parks. Further, an area of 2,602.07 sq km. has been declared as wildlife sanctuaries. For example, Tamilnadu has also the unique distinction of having two biosphere reserves, one in the Nilgiris and another in the Gulf of Mannar. A Tiger Reserve under “Project Tiger” has also been established combining Mundanthurai and Kalakad Wildlife sanctuaries. The Arignar Anna Zoological Park at Vandalur near Chennai is a modem Zoological park with open moat enclosures formed over an area of 602 ha of reserved forests.

The Nilgiri Biosphere Reserve (NBR) is the first Biosphere Reserve established in India, in the year 1986. It is located in the Western Ghats and encompasses two of the ten bio-geographical zones of India. NBR is also the first internationally designated Biosphere Reserve in India. It represents one of the world’s biodiversity hotspots and provides habitat for the largest south Indian population of tigers, elephants and other large mammals. The Nilgiri Biosphere Reserve was established mainly to fulfill the following objectives:

To conserve in situ genetic diversity of species

To restore degraded ecosystems to their natural conditions

To provide baseline data for ecological and environmental research and education

To function as an alternate model for sustainable development


The Nilgiri Biosphere Reserve is very rich in plant diversity. About 3,200 species of flowering plants can be seen here. Of the 3,200 species, 132 are endemic to the Nilgiri Biosphere Reserve. Of the 175 species of orchids found in the Nilgiri Biosphere Reserve, 8 are endemic.

The fauna of the Nilgiri Biosphere Reserve includes over 100 species of mammals, 350 species of birds, 80 species of reptiles and amphibians, 300 species of butterflies and innumerable invertebrates. 31 amphibians and 60 species of reptiles that are endemic to the Western Ghats also occur in the Nilgiri Biosphere Reserve. Biodiversity has a number of values, of which the direct, economic value is the most visible, and often most detrimental. However, it is rather difficult to assign values on the biodiversity that is traded or marketed within the State. Inferences however can be derived by using measures such as total fish catch/production/year, quantum of timber traded etc. The contribution of agricultural biodiversity in terms of crops, livestock, fisheries etc, can also be inferred and it is substantial in commercial value. Scant data is available on the commercial value of the plant and animal species of medicinal value, although it is well known that the world trade is of several million dollars and this is growing.

1.12.7 Pressures on biodiversity conservation

The major pressures that are associated with biodiversity conservation are as follows:

Low priority for conservation of living natural resources.

Exploitation of living natural resources for monetary gain.

Inadequate knowledge about the values of species and ecosystems.

Unplanned urbanization, uncontrolled industrialization and pollution.

Uncontrolled commercial exploitation of natural resources

Habitat destruction.

Adhoc extension of high input agriculture

Conversion of rich biodiversity sites for human settlement and industrial development

Destruction of coastal areas

Other factors like forest fires and natural calamities like floods, cyclones, droughts and diseases.

Specific land area has been earmarked for extensive in situ conservation of habitats and ecosystems. The results of this network have been significant in restoring some rare and endangered species. A programme entitled, ‘Eco-development’ for in situ conservation of biological diversity involving local communities has been initiated in recent years. The concept of


eco-development integrates the ecological and economic parameters for sustained conservation of ecosystems by involving the local communities with the maintenance of earmarked regions surrounding protected areas. The economic needs of the local communities are taken care of under this programme through provision of altemative sources of income and a steady availability of forest and related produce.

To conserve ecosystems while balancing the needs of the local human population, the ‘Man and Biosphere Programme’ is being implemented. Among the twelve Biosphere Reserves in the country, two Biosphere Reserves have been demarcated in Tamil Nadu viz. Nilgiri Biosphere Reserve and Gulf of Mannar Biosphere Reserve encompassing the diversity and genetic integrity of plants, animals and microorganisms in their totality as part of the natural ecosystems, so as to ensure their self-perpetuation and unhindered evolution.

Programmes have also been launched for scientific management and prudent use of fragile ecosystems. Specific programmes for management and conservation of wetlands, mangroves, and coral reef systems are also being implemented. National and sub-national level committees oversee and guide these programmes to ensure strong policy and strategic support.

Eco-tourism is being promoted to ensure that tourism does not adversely impact biodiversity.

The Indian Tiger (Panthera tigris) is in many ways, central to conservation in India. The fall and rise in the number of tigers in India is considered an index of the extent and nature of conservation efforts. The main objectives under the scheme include wildlife management, protection measures and site specific ecodevelopment to reduce the dependency of local communities on tiger reserve resources. The Kalakad Mundanthurai Tiger reserve of Tamil Nadu is included under the Project Tiger Programme to conserve the tiger population. It is imperative to maintain and improve the available population of Tigers in Tamil Nadu for ecological value, scientific, economic, aesthetic and cultural values.

Project Elephant was launched in February 1992 to assist States having free ranging populations of wild elephants to ensure long term survival of identified viable populations of elephants in their natural habitats. States are being given financial, technical and scientific assistance in achieving the objectives of the Project. The Project is being implemented as a 100% centrally sponsored scheme. Main activities include ecological restoration of natural habitats and migratory routes of elephants, measures for mitigation of man-elephant conflict in crucial habitats, research on elephant management related issues and Veterinary care.


The National Afforestation and Eco-development Board (NAEB) under the Ministry of Environment and Forests has evolved specific schemes for promoting afforestation and management strategies. The states are funded in developing specific afforestation and management strategies and eco-development packages for augmenting biomass production through a participatory planning process of Joint Forest Management (JFM) and Microplanning. Conceptually, JFM seeks to develop partnerships between local institutions of forest dependent villagers and State Forest Department for sustainable management of forest resources on the basis of sharing benefits and responsibilities through Forest Development agencies.

1.12.8 Conservation of biodiversity

The Environment and Forest Departments of the Government of Tamil Nadu are involved in planning, promotion, coordination, and overseeing the implementation of the environmental and forestry programmes. At the national level, the Ministry of Environment and Forests (MoEF), is the focal point for implementation of the Convention on Biological Diversity. The mandate of the Ministry includes survey of flora, fauna, forests and wildlife, and conservation of natural resources. These objectives are supported by legislative and regulatory measures. A number of institutions affiliated with the Ministry are involved in the work related to various aspects of biological diversity. Survey and inventorisation of the floral and faunal resources are carried out by the Botanical Survey of India (BSI) established in 1890, and the Zoological Survey of India (ZSI) established in 1916.

The Forest Survey of India established in 1981 assesses the forest cover, with a view to develop an accurate database for planning and monitoring purposes. The Wildlife Institute of India undertakes studies of endangered species of animals and critical ecosystems. The Survey organizations have published over the years, documents on flora and fauna at country, state and in some cases district levels and for selected ecosystems. Besides, extensive reports on inventories of resources indicating level of biodiversity in selected areas have also been brought out. The Surveys have also published Red Data Books on endangered species. The voucher specimens are preserved in the Central National Herbarium (CNH) of BSI and National Zoological Collection (NZC) of ZSI. The Forest Survey of India publishes every two years, a State of Forests in India report based on remote sensing and ground truth data.

The State’s rich biodiversity and the natural resources are facing threat from the growing human and livestock population and also from various developmental activities. Biodiversity conservation has been structured covering the ecosystem diversity, species diversity and genetic diversity. Conservation of species diversity has been structured separately for plants and animals. Wild plant diversity has been structured with focus and emphasis on Red-listed plants,


Endemic plants, Medicinal plants, Wild relatives of cultivated plants, allied species of cultivated plants and others. Wild animal diversity has been structured on the lines of Red listed animals, Endemic animals, Flagship species, Keystone species, Pollinators and others. Domesticated species diversity has been structured on the lines of Cultivated Plants and Domesticated animals.

Various departments manage biodiversity within the State. The Forest department manages forests, grasslands, freshwater wetland bird sanctuaries, estuarine wetlands like mangroves, coastal Biosphere Reserves like Gulf of Mannar Biosphere Reserve and entire spectrum of wild species diversity. Forests also include the rivers that pass through the notified forest areas, dams located inside the notified forest areas and tanks and ponds inside the forest areas. Agriculture department and the farmers manage agrobiodiversity, while livestock is managed by the Animal Husbandry department and farmers. Further, the Public works department controls freshwater wetlands, tanks, dams/reservoirs and rivers. Coastal fisheries is under the control of the Department of Fisheries. The Department of Revenue controls poromboke (wastelands) and other village common lands. At the local level, panchayats control minor irrigation tanks, wells and areas conserved or revered by the local communities.

1.13 Coastal Regulation Zone Rules

In exercise of powers also conferred by clause (d) and sub rule (3) of rule 5 of Environment (Protection) Act, 1986 and in supersession of the notification of the Government of India in the Ministry of Environment and Forests, number S.O.114(E), dated the 19th February, 1991 except as respects things done or omitted to be done before such supercession, the Central Government hereby declares the following areas as CRZ and imposes with effect from the date of the notification the following restrictions on the setting up and expansion of industries, operations or processes and the like in the CRZ, (MoEF, 2011, CRZ notification).

the land area from High Tide Line (hereinafter referred to as the HTL) to 500 m on the landward side along the sea front.

CRZ shall apply to the land area between HTL to 100 m or width of the creek whichever is less on the landward side along the tidal influenced water bodies that are connected to the sea and the distance up to which development along such tidal influenced water bodies is to be regulated shall be governed by the distance up to which the tidal effects are experienced which shall be determined based on salinity concentration of 5 parts per thousand (ppt) measured during the driest period of the year and distance up to which tidal effects are experienced shall be clearly


identified and demarcated accordingly in the Coastal Zone Management Plans (hereinafter referred to as the CZMPs).

Explanation: For the purposes of this sub-paragraph the expression tidal influenced water bodies means the water bodies influenced by tidal effects from sea, in the bays, estuaries, rivers, creeks, backwaters, lagoons, ponds connected to the sea or creeks and the like.

the land area falling between the hazard line and 500 m from HTL on the landward side, in case of seafront and between the hazard line and 100 m line in case of tidal influenced water body the word ‘hazard line’ denotes the line demarcated by Ministry of Environment and Forests (hereinafter referred to as the MoEF) through the Survey of India (hereinafter referred to as the SoI) taking into account tides, waves, sea level rise and shoreline changes.

land area between HTL and Low Tide Line (hereinafter referred to as the LTL) which will be termed as the intertidal zone.

the water and the bed area between the LTL to the territorial water limit (12 Nm) in case of sea and the water and the bed area between LTL at the bank to the LTL on the opposite side of the bank, of tidal influenced water bodies.

For the purposes of this notification, the HTL means the line on the land up to which the highest water line reaches during the spring tide and shall be demarcated uniformly in all parts of the country by the demarcating authority(s) so authorized by the MoEF in accordance with the general guidelines issued at Annexure-I. HTL shall be demarcated within one year from the date of issue of this notification.

1.13.1 Prohibited Activities

The following are declared as prohibited activities within the CRZ:

(i) Setting up of new industries and expansion of existing industries except:

(a) those directly related to waterfront or directly needing foreshore facilities;

Explanation: The expression “foreshore facilities” means those activities permissible under this notification and they require waterfront for their operations such as ports and harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines, lighthouses, navigational safety facilities, coastal police stations and the like.;

(b) projects of Department of Atomic Energy;


(c) 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.;

(d) development of green field Airport already permitted only at Navi Mumbai;

(e) reconstruction, repair works of dwelling units of local communities including fishers in accordance with local town and country planning regulations.

(ii) manufacture or handling oil storage or disposal of hazardous substance as specified in the notification of Ministry of Environment and Forests, No. S.O.594 (E), dated the 28th July 1989, S.O.No.966(E), dated the 27th November, 1989 and GSR 1037 (E), dated the 5th December, 1989 except:

(a) transfer of hazardous substances from ships to ports, terminals and refineries and vice versa;

(b) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II appended to this notification and facilities for regasification of Liquefied Natural Gas (hereinafter referred to as the LNG) in the areas not classified as CRZ- I (i) subject to implementation of safety regulations including guidelines issued by the Oil Industry Safety Directorate in the Ministry of Petroleum and Natural Gas and guidelines issued by MoEF and subject to further terms and conditions for implementation of ameliorative and restorative measures in relation to environment as may be stipulated by MoEF.

Provided that facilities for receipt and storage of fertilizers and raw materials required for manufacture of fertilizers like ammonia, phosphoric acid, sulphur, sulphuric acid, nitric acid and the like, shall be permitted within the said zone in the areas not classified as CRZ-I (i).

(iii) Setting up and expansion of fish processing units including warehousing except hatchery and natural fish drying in permitted areas.

(iv) Land reclamation, bunding or disturbing the natural course of seawater except those:

(a) required for setting up, construction or modernisation or expansion of foreshore facilities like ports, harbours, jetties, wharves, quays, slipways, bridges, sealink, road on stilts, and such as meant for defence and security purpose and for other facilities that are essential for activities permissible under this notification;


(b) measures for control of erosion, based on scientific including Environmental Impact Assessment (hereinafter referred to as the EIA) studies;

(c) maintenance or clearing of waterways, channels and ports, based on EIA studies;

(d) measures to prevent sand bars, installation of tidal regulators, laying of storm water drains or for structures for prevention of salinity ingress and freshwater recharge based on carried out by any agency to be specified by MoEF.

(v) Setting up and expansion of units or mechanism for disposal of wastes and effluents except facilities required for:

(a) discharging treated effluents into the water course with approval under the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(b) storm water drains and ancillary structures for pumping;

(c) treatment of waste and effluents arising from hotels, beach resorts and human settlements located in CRZ areas other than CRZ-I and disposal of treated wastes and effluents;

(vi) Discharge of untreated waste and effluents from industries, cities or towns and other human settlements. The concerned authorities shall implement schemes for phasing out existing discharge of this nature, if any, within a time period not exceeding two years from the date of issue of this notification.

(vii) Dumping of city or town wastes including construction debris, industrial solid wastes, fly ash for the purpose of land filling and the like and the concerned authority shall implement schemes for phasing out any existing practice, if any, shall be phased out within a period of one year from date of commencement of this notification.

Note: The MoEF will issue a separate instruction to the State Governments and Union territory Administration in respect of preparation of Action Plans and their implementation as also monitoring including the time schedule thereof, in respect of paras (v), (vi) and (vii).

(viii) Port and harbour projects in high eroding stretches of the coast, except those projects classified as strategic and defence related in terms of EIA notification, 2006 identified by MoEF based on scientific studies and in consultation with the State Government or the Union territory Administration.

(ix) Reclamation for commercial purposes such as shopping and housing complexes, hotels and entertainment activities.


(x) Mining of sand, rocks and other sub-strata materials except:

(a) those rare minerals not available outside the CRZ area,

(b) exploration and exploitation of Oil and Natural Gas.

(xi) Drawl of groundwater and construction related thereto, within 200 m of HTL; except the following:

(a) in the areas which are inhabited by the local communities and only for their use.

(b) In the area between 200 m 500 m zone the drawl of groundwater shall be permitted only when done manually through ordinary wells for drinking, horticulture, agriculture and fisheries and where no other source of water is available.

Note: Restrictions for such drawl may be imposed by the Authority designated by the State Government and Union territory Administration in the areas affected by sea water intrusion.

(xi) Construction activities in CRZ-I except those specified in para 8 of this notification.

(xiii) Dressing or altering the sand dunes, hills, natural features including landscape changes for beautification, recreation and other such purpose.

(xiv) Facilities required for patrolling and vigilance activities of marine/coastal police stations.

1.13.2 Permissible Activities

The following activities shall be regulated except those prohibited in para 3 above:

(i) (a) clearance shall be given for any activity within the CRZ only if it requires waterfront and foreshore facilities;

(b) for those projects which are listed under this notification and also attract EIA notification, 2006 (S.O.1533 (E), dated the 14th September, 2006), for such projects clearance under EIA notification only shall be required subject to being recommended by the concerned State or Union territory Coastal Zone Management Authority (hereinafter referred to as the CZMA).

(c) Housing schemes in CRZ as specified.

(d) Construction involving more than 20,000 sq m built-up area in CRZ-II shall be considered in accordance with EIA notification, 2006 and in case of projects less than 20,000 sq m built-up area shall be approved by the concerned State or Union territory Planning authorities in accordance with this notification after obtaining recommendations from


the concerned CZMA and prior recommendations of the concern CZMA shall be essential for considering the grant of environmental clearance under EIA notification, 2006 or grant of approval by the relevant planning authority.

(e) MoEF may under a specific or general order specify projects which require prior public hearing of project affected people.

(f) construction and operation for ports and harbours, jetties, wharves, quays, slipways, ship construction yards, breakwaters, groynes, erosion control measures;

(ii) the following activities shall require clearance from MoEF, namely:

(a) those activities not listed in the EIA notification, 2006.

(b) construction activities relating to projects of Department of Atomic Energy or Defence requirements for which foreshore facilities are essential such as, slipways, jetties, wharves, quays; except for classified operational component of defence projects. Residential buildings, office buildings, hospital complexes, workshops of strategic and defence projects in terms of EIA notification, 2006.;

(c) construction, operation of lighthouses;

(d) laying of pipelines, conveying systems, transmission line;

(e) exploration and extraction of oil and natural gas and all associated activities and facilities thereto;

(f) Foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated wastewater or cooling water from thermal power plants. MoEF may specify for category of projects such as at (f), (g) and (h) of para 4;

(g) Mining of rare minerals as listed by the Department of Atomic Energy;

(h) Facilities for generating power by non-conventional energy resources, desalination plants and weather radars;

(i) Demolition and reconstruction of

(a) buildings of archaeological and historical importance,

(ii) heritage buildings; and buildings under public use which means buildings such as for the purposes of worship, education, medical care and cultural activities;


1.13.3 Procedure for clearance of permissible activities

All projects attracting this notification shall be considered for CRZ clearance as per the following procedure, namely:

(i) The project proponents shall apply with the following documents seeking prior clearance under CRZ notification to the concerned State or the Union territory Coastal Zone Management Authority:

(a) Form-1 (Annexure-IV of the notification);

(b) Rapid EIA Report including marine and terrestrial component except for construction projects listed under 4(c) and (d)

(c) Comprehensive EIA with cumulative studies for projects in the stretches classified as low and medium eroding by MoEF based on scientific studies and in consultation with the State Governments or Union territory Administration;

(d) Disaster Management Report, Risk Assessment Report and Management Plan;

(e) CRZ map indicating HTL and LTL demarcated by one of the authorized agency (as indicated in para 2) in 1:4000 scale;

(f) Project layout superimposed on the above map indicated at (e) above;

(g) The CRZ map normally covering 7 km radius around the project site.

(h) The CRZ map indicating the CRZ-I, II, III and IV areas including other notified ecologically sensitive areas;

(i) No Objection Certificate from the concerned State Pollution Control Boards or Union territory Pollution Control Committees for the projects involving discharge of effluents, solid wastes, sewage and the like.;

(ii) The concerned CZMA shall examine the above documents in accordance with the approved CZMP and in compliance with CRZ notification and make recommendations within a period of sixty days from date of receipt of complete application:

(a) MoEF or State Environmental Impact Assessment Authority (hereinafter referred to as the SEIAA) as the case may be for the project attracting EIA notification, 2006;

(b) MoEF for the projects not covered in the EIA notification, 2006 but attracting para 4 (ii) of the CRZ notification;

(iii) MoEF or SEIAA shall consider such projects for clearance based on the recommendations of the concerned CZMA within a period of sixty days.

(iv) The clearance accorded to the projects under the CRZ notification shall be valid for the period of five years from the date of issue of the clearance for commencement of construction and operation.


(v) For Post clearance monitoring:

(a) it shall be mandatory for the project proponent to submit half-yearly compliance reports in respect of the stipulated terms and conditions of the environmental clearance in hard and soft copies to the regulatory authority(s) concerned, on 1st June and 31st December of each calendar year and all such compliance reports submitted by the project proponent shall be published in public domain and its copies shall be given to any person on application to the concerned CZMA.

(b) the compliance report shall also be displayed on the website of the concerned regulatory authority.

(vi) To maintain transparency in the working of the CZMAs it shall be the responsibility of the CZMA to create a dedicated website and post the agenda, minutes, decisions taken, clearance letters, violations, action taken on the violations and court matters including the Orders of the Hon’ble Court as also the approved CZMPs of the respective State Government or Union territory.

1.13.4 Preparation of Coastal Zone Management Plans

(i) The MoEF may obtain the CZMPs prepared through the respective State Government or Union territory;

(ii) The CZMPs may be prepared by the coastal State Government or Union territory by engaging reputed and experienced scientific institution(s) or the agencies including the National Centre for Sustainable Coastal Management (hereinafter referred to as the NCSCM) of MoEF and in consultation with the concerned stakeholders;

(iii) The hazard line shall be mapped by MoEF through SoI all along the coastline of the country and the hazard line shall be demarcated taking into account, tide, waves, sea level rise and shoreline changes;

(iv) For the purpose of depicting the flooding due to tides, waves and sea level rise in the next fifty and hundred years, the contour mapping of the coastline shall be carried out at 0.5 m interval normally up to 7 km from HTL on the landward side, and the shoreline changes shall be demarcated based on historical data by comparing the previous satellite imageries with the recent satellite imageries;

(v) Mapping of the hazard line shall be carried out in 1:25,000 scale for macro level planning and 1:10,000 scale or cadastral scale for micro level mapping and the hazard line shall be taken into consideration while preparing the land use plan of the coastal areas;

(vi) The coastal States and Union Territory will prepare within a period of twenty four months from the date of issue this notification, draft CZMPs in


1:25,000 scale map identifying and classifying the CRZ areas within the respective territories in accordance with the guidelines given in Annexure-I of the notification, which involve public consultation;

(vii) The draft CZMPs shall be submitted by the State Government or Union territory to the concerned CZMA for appraisal, including appropriate consultations, and recommendations in accordance with the procedure(s) laid down in the Environment (Protection) Act, 1986;

(viii) The State Government or Union territory CZMA shall submit the draft CZMPs to MoEF along with its recommendations on the CZMP within a period of six months after incorporating the suggestions and objections received from the stakeholders;

(ix) MoEF shall thereafter consider and approve the CZMPs within a period of four months from the date of receipt of the CZMPs complete in all respects;

(x) All developmental activities listed in this notification shall be regulated by the State Government, Union Territory Administration, the local authority or the concerned CZMA within the framework of such approved CZMPs as the case may be in accordance with provisions of this notification;

(xi) The CZMPs shall not normally be revised before a period of five years after which, the concerned State Government or the Union territory may consider undertaking revision of the maps following the above procedures;

(xii) The CZMPs already approved under CRZ notification, 1991 shall be valid for a period of twenty four months unless the aforesaid period is extended by MoEF by a specific notification subject to such terms and conditions as may be specified therein.

1.13.5 Enforcement of the CRZ, Rules

(a) For the purpose of implementation and enforcement of the provisions of this notification and compliance with conditions stipulated thereunder, the powers either original or delegated are available under Environment (Protection) Act, 1986 with the MoEF, State Government or the Union territory Administration NCZMA and SCZMAs;

(b) The composition, tenure and mandate of NCZMA and State Government or the Union territory CZMAs have already been notified by MoEF in terms of Orders of Hon’ble Supreme Court in Writ Petition 664 of 1993;

(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;

(d) The dwelling units of the traditional coastal communities including fisherfolk, tribals as were permissible under the provisions of the CRZ notification, 1991, but which have not obtained formal approval from concerned authorities under the aforesaid notification shall be considered by the respective Union territory CZMAs and the dwelling units shall be regularized subject to the following condition, namely:

(i) these are not used for any commercial activity

(ii) these are not sold or transferred to non-traditional coastal community.

1.13.6 Classification of the CRZ

For the purpose of conserving and protecting the coastal areas and marine waters, the CRZ area shall be classified as follows, namely:

(i) CRZ-I:

A. The areas that are ecologically sensitive and the geomorphological features which play a role in the maintaining the integrity of the coast:

(a) Mangroves, in case mangrove area is more than 1000 sq m, a buffer of 50 meters along the mangroves shall be provided;

(b) Corals and coral reefs and associated biodiversity;

(c) Sand Dunes;

(d) Mudflats which are biologically active;

(e) 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;

(f) Salt Marshes;

(g) Turtle nesting grounds;

(h) Horse shoe crabs habitats;

(i) Sea grass beds;

(j) Nesting grounds of birds;

(k) Areas or structures of archaeological importance and heritage sites.

B. The area between Low Tide Line and High Tide Line;

(ii) CRZ-II: The areas that have been developed up to or close to the shoreline.

Explanation: For the purposes of the expression “developed area” is referred to as that area within the existing municipal limits or in other existing legally


designated urban areas which are substantially built-up and has been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains;

(iii) CRZ-III: Areas that are relatively undisturbed and those do not belong to either CRZ-I or II which include coastal zone in the rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas, which are not substantially built up.

(iv) CRZ-IV:

A. the water area from the Low Tide Line to twelve nautical miles on the seaward side;

B. shall include the water area of the tidal influenced water body from the mouth of the water body at the sea up to the influence of tide which is measured as five parts per thousand during the driest season of the year.

(v) Areas requiring special consideration for the purpose of protecting the critical coastal environment and difficulties faced by local communities:

A. (i) CRZ area falling within municipal limits of Greater Mumbai;

(ii) the CRZ areas of Kerala including the backwaters and backwater islands;

(iii) CRZ areas of Goa.

B. Critically Vulnerable Coastal Areas (CVCA) such as Sunderbans region of West Bengal and other ecologically sensitive areas identified as under Environment (Protection) Act, 1986 and managed with the involvement of coastal communities including fisherfolk.

1.13.7 Norms for regulation of activities

(i) The development or construction activities in different categories of CRZ shall be regulated by the concerned CZMA in accordance with the following norms, namely:

Note: The word existing use hereinafter in relation to existence of various features or existence of regularisation or norms shall mean existence of these features or regularisation or norms as on 19.2.1991 wherein CRZ notification, was notified.

I. CRZ-I:

(i) no new construction shall be permitted in CRZ-I except:

(a) projects relating to Department of Atomic Energy;

(b) pipelines, conveying systems including transmission lines;

(c) facilities that are essential for activities permissible under CRZ-I;


(d) installation of weather radar for monitoring of cyclones movement and prediction by Indian Meteorological Department;

(e) construction of trans harbour sea link and without affecting the tidal flow of water, between LTL and HTL.

(f) development of green field airport already approved at only Navi Mumbai;

(ii) Areas between LTL and HTL which are not ecologically sensitive, necessary safety measures will be incorporated while permitting the following, namely:

(a) exploration and extraction of natural gas;

(b) construction of dispensaries, schools, public rainshelter, community toilets, bridges, roads, jetties, water supply, drainage, sewerage which are required for traditional inhabitants living within the biosphere reserves after obtaining approval from concerned CZMA.

(c) necessary safety measure shall be incorporated while permitting such developmental activities in the area falling in the hazard zone;

(d) salt harvesting by solar evaporation of seawater;

(e) desalination plants;

(f) storage of non-hazardous cargo such as edible oil, fertilizers and food grain within notified ports;

(g) construction of trans harbour sea links, roads on stilts or pillars without affecting the tidal flow of water.

II. CRZ-II:

(i) buildings shall be permitted only on the landward side of the existing road, or on the landward side of existing authorized structures;

(ii) buildings permitted on the landward side of the existing and proposed roads or existing authorized structures shall be subject to the existing local town and country planning regulations including the ‘existing’ norms of Floor Space Index or Floor Area Ratio:

Provided that no permission for construction of buildings shall be given on landward side of any new roads which are constructed on the seaward side of an existing road:

(iii) reconstruction of authorized building to be permitted subject with the existing Floor Space Index or Floor Area Ratio Norms and without change in present use;

(iv) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II appended to this notification and


facilities for regasification of Liquefied Natural Gas subject to the conditions as mentioned in sub-paragraph (ii) of paragraph 3;

(v) desalination plants and associated facilities;

(vi) storage of non-hazardous cargo, such as edible oil, fertilizers and food grain in notified ports;

(vii) facilities for generating power by non-conventional power sources and

associated facilities;

III. CRZ-III:

A. Area up to 200 m from HTL on the landward side in case of seafront and 100 m along tidal influenced water bodies or width of the creek whichever is less is to be earmarked as “No Development Zone (NDZ)”:

(i) the NDZ shall not be applicable in such area falling within any notified port limits;

(ii) No construction shall be permitted within NDZ except for repairs or reconstruction of existing authorized structure not exceeding existing Floor Space Index, existing plinth area and existing density and for permissible activities under the notification including facilities essential for activities; Construction/reconstruction of dwelling units of traditional coastal communities including fisherfolk may be permitted between 100 and 200 metres from the HTL along the seafront in accordance with a comprehensive plan prepared by the State Government or the Union territory in consultation with the traditional coastal communities including fisherfolk and incorporating the necessary disaster management provision, sanitation and recommended by the concerned State or the Union territory CZMA to NCZMA for approval by MoEF;

(iii) however, the following activities may be permitted in NDZ:

(a) agriculture, horticulture, gardens, pasture, parks, play field, and forestry;

(b) projects relating to Department of Atomic Energy;

(c) mining of rare minerals;

(d) salt manufacture from seawater;

(e) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II;

(f) facilities for regasification of liquefied natural gas subject to conditions as mentioned in subparagraph (ii) of paragraph 3;

(g) facilities for generating power by non conventional energy sources;

(h) Foreshore facilities for desalination plants and associated facilities;

(i) weather radars;


(j) construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, provision of facilities for water supply, drainage, sewerage, crematoria, cemeteries and electric sub-station which are required for the local inhabitants may be permitted on a case to case basis by CZMA;

(k) construction of units or auxiliary thereto for domestic sewage, treatment and disposal with the prior approval of the concerned Pollution Control Board or Committee;

(l) facilities required for local fishing communities such as fish drying yards, auction halls, net mending yards, traditional boat building yards, ice plant, ice crushing units, fish curing facilities and the like;

(m) development of green field airport already permitted only at Navi Mumbai.

B. Area between 200 m to 500 m

The following activities shall be permissible in the above areas;

(i) development of vacant plot in designated areas for construction of hotels or beach resorts for tourists or visitors subject to the conditions as specified in the guidelines at Annexure-III;

(ii) facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II;

(iii) facilities for regasification of liquefied natural gas subject to conditions as mentioned in sub-paragraph (ii) of paragraph 3;

(iv) storage of non-hazardous cargo such as, edible oil, fertilizers, food grain in notified ports;

(v) foreshore facilities for desalination plants and associated facilities;

(vi) facilities for generating power by non-conventional energy sources;

(vii) construction or reconstruction of dwelling units so long it is within the ambit of traditional rights and customary uses such as existing fishing villages and goathans. Building permission for such construction or reconstruction will be subject to local town and country planning rules with overall height of construction not exceeding 9 m with two floors (ground + one floor);

(viii) Construction of public rain shelters, community toilets, water supply drainage, sewerage, roads and bridges by CZMA who may also permit construction of schools and dispensaries for local inhabitants of the area for those panchayats, the major part of which falls within CRZ if no other area is available for construction of such facilities;

(ix) reconstruction or alteration of existing authorised building subject to sub-paragraph (vii), (viii);


(x) development of green field airport already permitted only at Navi Mumbai.

(IV) In CRZ-IV areas: The activities impugning on the sea and tidal influenced water bodies will be regulated except for traditional fishing and related activities undertaken by local communities as follows:

(a) No untreated sewage, effluents, ballast water, ship washes, fly ash or solid waste from all activities including from aquaculture operations shall be let off or dumped. A comprehensive plan for treatment of sewage generating from the coastal towns and cities shall be formulated within a period of one year in consultation with stakeholders including traditional coastal communities, traditional fisherfolk and implemented;

(b) Pollution from oil and gas exploration and drilling, mining, boat house and shipping;

(c) There shall be no restriction on the traditional fishing and allied activities undertaken by local communities.

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