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Coastal Regulation Zone Notification, 2011/2015

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[TO BE PUBLISHED IN THE GAZETTE OF INDIA,

EXTAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)]

Government of India

Ministry of Environment and Forests

New Delhi, the 22nd

August, 2013

NOTIFICATION

S.O. 2557 (E).- Whereas by notification of the Government of India in the Ministry of

Environment and Forests number S.O.19 (E), dated the 6th

January, 2011 (hereinafter referred

to as the said notification), the Central Government declared certain coastal stretches as

Coastal Regulation Zone (CRZ) and restrictions were imposed on the setting up and expansion

of industries, operations and processes in the said Zone;

And whereas as per clause (vi) of paragraph 5 of the said notification, the coastal States

and Union territories have to prepare draft CZMPs within a period of twenty four months from

the date of issuance of the same;

And whereas the status of preparation of the Coastal Zone Management Plans (CZMPs)

have been periodically reviewed by the National Coastal Zone Management Authority and

noted that the preparation of CZMPs are in progress and it may take further time for the States

and Union territories to submit the draft CZMPs for approval;

And whereas sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986

provides that notwithstanding anything contained in sub-rule (3), wherever it appears to the

Central Government that it is in public interest to do so, it may dispense with the requirement

of notice under clause (a) of sub-rule 5 of the aforesaid rules;

And whereas the Central Government is of the opinion that it is in public interest to

dispense with the said requirement of notice under clause (a) of sub-rule (3) of rule 5 of the

aforesaid rules for amending the said notification;

Now, therefore, 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 (29 of 1986) read with

clause (d) of sub-rule (3) and sub-rule (4) of rule 5 of the Environment (Protection) Rules,

1986, the Central Government hereby makes the following amendments in the said

notification, namely:-

In the said notification, in paragraph 5:-

(a) for item (viii), the following item shall be substituted, namely:-

“(viii) The State Government or Union Territory CZMA shall submit the draft CZMPs to

MoEF along with its recommendations on the CZMP on or before the 30th

September, 2013,

after incorporating the suggestions and objections received from the stakeholders;”;

(b) for item (xii), the following item shall be substituted, namely:-

(xii) The CZMPs already approved by the MOEF shall be used till 31st January, 2014.”

[No. 11-83/2005-IA.III]

Maninder Singh

Joint Secretary to the Government of India

Note: (1) The principal notification was published in the Gazette of India, Extraordinary, Part

II, Section 3, Sub-section (ii), vide number S.O. 19(E), dated the 6th

January, 2011.

(2) The period of time limit granted to the State Governments/Union territory to submit

the draft CZMPs to MoEF was valid till 4th

July, 2013 and the CZMPs approved by the

Ministry of Environment and Forests were valid till 5th

January, 2013. It is certified that

extending the time limit to submit the draft CZMPs and also extending the validity of

the CZMPs with retrospective effect shall not prejudicially effect the interest of any

person to whom such notification may be applicable.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA,EXTAORDINARY, PART II, SECTION 3, SUB-SECTION (ii)]

Government of IndiaMinistry of Environment and Forests

New Delhi, the ih May, 2014

NOTIFICA TION

S.O. 1244 (E). Whereas by notification of the Government of India in the Ministry ofEnvironment and Forests number S.O.19 (E), dated the 6th January, 20 II (hereinafterreferred to as the said notification), the Central Government declared certain coastalstretches as Coastal Regulation Zone and restrictions were imposed on the setting up andexpansion of industries, operations and processes in the said Zone;

And whereas under clause (viii) of paragraph 5 of the said notification theCoastal Zone Management Authority of the State Government or of the Union territoryare required to submit the draft Coastal Zone Management Plans along with itsrecommendations to the Ministry of Environment and Forests on or before the so"September, 2013, after incorporating the suggestions and objections received from thestakeholders.

And whereas the status of preparation of the Coastal Zone Management Plans hasbeen periodically reviewed by the National Coastal Zone Management Authority and ithas noted that the preparation of Coastal Zone Management Plans are in progress, it maytake some more time for the States and Union territories to submit their respective draftCoastal Zone Management Plans for approval.

And whereas the Central Government, having regard to the provision of sub -rule(4) of rule 5 of the Environment (Protection) Rules, 1986, is of the opinion that it is inpublic interest to dispense with the requirement of notice under clause (a) of sub-rule (3)of rule 5 of the said rules for amending the said notification;

Now, therefore, in exercise of the powers conferred by sub-section (I) and clause(v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of1986), read with clause (d) of sub-rules (3) and sub-rule (4) of rule 5 of the Environment(Protection) Rules, 1986, the Central Government hereby makes the followingamendments in the said notification, namely:-

In the said notification, in paragraph 5,

(a) for item (viii), the following item shall be substituted, namely:-

"(viii) The Coastal Zone Management Authority of the State Government or ofthe Union territory shall submit the draft Coastal Zone Management Plans alongwith its recommendations to the Ministry of Environment and Forests on orbefore the 30th September, 2014 after incorporating the suggestions andobjections received from the stakeholders;

(b) for item (xii), the following item shall be substituted, namely:-

(xii) The Coastal Zone Management Plans which are already approved by theMinistry of Environment and Forests shall be used till 31 st January. 2015.

[No. 11-83/2005-11\.111 I

Maninder SinghJoint Secretary to the Government of India

Explanatory Memorandum-As per amendment vide S.o. 2557(E) dated 22nd August. 2013. the period oftini«limit granted to the State Government/Union Territory to submit the draft CoastalZone Management Plans to Ministry of Environment and Forests was valid till 30th

September. 2013 and the Coastal Zone Management Plans approved by theMinistry of Environment and Forests were valid till 31't January. 201-1. It iscertified that extending the time limit to submit the draft Coastal Zone ManagementPlans and also extending the validity of the Coastal Zone Management Plans withretrospective effect shall not prejudicially affect the interest of any person to whomsuch notification may be applicable.

Note: The principal notification was published in the Gazette of India,Extraordinary, Part II, Section 3, Sub-section (ii), vide number S.O. 19(E). datedthe 6th January. 20 II.

2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] परंतु �क

¹Hkkx IIµ[k.M 3(ii)º Hkkjr dk jkti=k % vlk/kj.k 3

Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii)

vide notification number S.O 19 (E), dated the 6th January, 2011 and subsequently by Corrigendum vide S.O 651(E),

dated the 29th March, 2011 and subsequently by—

1. S.O. 2557 (E), dated the 22nd August, 2013;

2. S.O. 1244 (E), dated the 30th April, 2014;

3. S.O. 3085 (E), dated the 28th November, 2014;

4. S.O. 383 (E), dated the 4th February, 2015;

5. S.O. 556 (E), dated the 17th February, 2015; and

6. S.O.938 (E), dated the 31st March, 2015.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.

¹Hkkx IIµ[k.M 3 (ii)º Hkkjr dk jkti=k % vlk/kj.k 3

MINISTRY OF ENVIRONMENT, FORESTS AND CLIMATE CHANGE

NOTIFICATION

New Delhi, the 17th February, 2015

S.O. 556(E).—Whereas, a draft notification further to amend the notification of the Government of

India in the erstwhile Ministry of Environment and Forests number. S O. 19(E), dated the 6th January, 2011

(hereinafter referred to as the Coastal Regulation Zone, notification, 2011) was published in the Gazette of

India, Extraordinary, Part II, section 3, sub-section (ii) vide notification number S.O. 3202(E) dated the

11th December, 2014, as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986,

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;

And whereas, copies of the said notification were made available to the public on 11th December,

2014;

And whereas, objections and suggestions received in response to the said draft notification have

been considered by the Central Government.

Now, therefore, in exercise of the powers conferred by sub-section (1) and clause (v) of

sub-section (2) of section 3 of the said Environment (Protection) Act, (29 of 1986) read with clause (d) of

sub-rule (3) of rule 5 of the said Environment (Protection) Rules, 1986, the Central Government hereby

makes the following further amendments in the Coastal Regulation Zone notification, 2011, namely:—

In the said Coastal Regulation Zone, notification, 2011,—

(a) in paragraph 3,-

(i) for item (ix) , the following item shall be substituted, namely:—

“(ix) Reclamation for commercial purposes such as shopping and housing complexes, hotels

and entertainment activities except for construction of memorials/monuments and allied

facilities, only in CRZ-IV (A) areas, in exceptional cases, by the concerned State

Government, on a case to case basis;”

(ii) for item (xiii), the following item shall be substituted, namely:—

“(xiii) Dressing or altering the sand dunes, hills, natural features including landscape change

for beautification, recreation and other such purpose except utilising the rocks/hills/natural

features, only in CRZ-IV (A) areas, for development of memorials/monuments and allied

facilities, by the concerned State Government;”

(b) in paragraph 4, in sub-paragraph (ii), after item (i) the following item shall be inserted, namely :-

“(j) Construction of memorials/monuments and allied facilities by the concerned State

Government in CRZ-IV (A) areas, in exceptional cases, with adequate environmental

safeguards, subject to the following, namely:—

(A) The concerned State Government shall submit justification for locating the project in CRZ –IV (A) area along with details of alternate sites considered and weightage matrix

on various parameters including environmental parameters, to State CZMA who will

examine the project and make recommendation to the Central Government (MoEF) for

grant of Terms of Reference (ToRs) for preparation of an environmental impact

assessment report by the State Government;

(B) On grant of ToRs by the Central Government, the concerned State Government shall submit the draft Environmental Impact Assessment report (EIA) with Environmental

Management Plan(EMP), draft Risk Assessment Report with Disaster Management Plan

(DMP) including on-site and off-site emergency plan and evacuation plan during

emergency, to the State Pollution Control Board for conduct of public hearing for the

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

proposed project in accordance with the procedure laid down under the Environment

Impact Assessment notification;

(C) The concerned State Government shall, after addressing the relevant issues raised by the public during the public hearing referred to in sub-item (B), submit the final EIA, EMP,

Risk Assessment and DMP, to the State CZMA for their examination and

recommendation to MoEF;”

(D) The Central Government may, if it considers necessary so to do, dispense with the requirement of public hearing referred to in sub-item (B), if it is satisfied that the project

will not involve rehabilitation and resettlement of the public or the project site is located

away from human habitation.

[F. No. J-17011/18/96-IA-III]

BISHWANATH SINHA, Jt. Secy.

Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3,

sub-section (ii), vide number S.O 19(E), dated the 6th January, 2011 and subsequently vide notification

number S.O. 3085(E), dated the 28th November, 2014.

Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064

and Published by the Controller of Publications, Delhi-110054.