Coastal Regulation Zone Act
As populations in coastal areas increase and the economic activity diversifies, all the impacts on coastal environment are bound to worsen threatening survival several species, productivity of the biota, and render fishing an unsustainable proposition. It is, therefore, clear that unless governments and resource users take appropriate action, the degradation of the coastal and marine environment will become uncontrollable and there will be no possibilities for sustainable use of resources from these waters.
These concerns are expressed in the linkage between development in Chapter 17 of UNCED Agenda 21: "Protection of the oceans, all kinds of seas including enclosed and semi-closed seas, coastal areas and the protection, rational use and development of their living resources'. It includes a commitment of nations to sustainable development of coastal areas and the marine environment under their jurisdiction. It also enjoins states to 'identify marine ecosystems exhibiting high levels of biodiversity and productivity and other critical habitat areas' and 'provide necessary limitations on use in these areas, through inter alia, designation of protected areas.' In particular, it states that the priority should be accorded, as appropriate, to:
a) Coral reef ecosystems
b) Estuaries
c) Temperate and tropical wetlands, including mangroves
d) Seagrass beds and
e) Other spawning and nursery areas.
The CRZ Act notified by the Ministry of Environment and Forests in 1991 needs to be seen against this background. It declares coastal stretches as CRZ and regulates certain activities within the zone. The provisions of the act are to be implemented by the coastal states and Union Territories. It also envisages the creation of an appropriate authority at the state/UT level to be responsible for enforcement and enactment of these provisions.
The act defines the coastal stretches as seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action, in the landward side, upto 500m from the high tide line (HTL) and the land between the Low Tide Line (LTL) and HTL or the intertidal zone, as the CRZ. It classifies the CRZ into four categories for regulating the development activities. A short description of these categories is given below.
The notification specifies activities that are prohibited or regulated in these categories, with the most stringent regulations applying to CRZ-I. The norms for regulation of activities in different categories of the CRZ are given in Appendix. Certain activities are totally prohibited in it, such as theestablishment and expansion of existing industries, manufacture/ handling/disposal of hazardous substances, dumping of wastes, land reclamation and embankment building, dumping of industrial wastes, mining of rocks, sands and substrata. Harvesting of ground water within 200m is also disallowed. Between 200m and 500m, only manual withdrawal of ground water for purposes of drinking, horticulture, agriculture and fisheries is permitted. It is to be noted that, tourist sector, however, has been allowed to tap ground water in the zone with the concurrence of the Central/Sate Ground Water Boards.
The notification permits a large set of activities subject to environmental clearance from the Ministry of Environment and Forests. Water front and foreshore activities, development work relating needs of expanding defence facilities, etc., are possible. The notification is an attempt to prevent uncontrolled and environmentally unsound development on the coast. It is an attempt to provide a legal framework for the protection of the coastal environment, in the background of the concerns expressed in the convention on biodiversity.
CRZ-I
a. Ecologically sensitive areas (national/ marine parks, sanctuaries, reserve forests, wildlife habitats, mangroves, coral reefs, areas close to breeding and spawning grounds of fish and other marine life, areas of outstanding natural beauty/historical/heritage, areas rich in genetic diversity.
b. Those falling between HTL and LTL.
c. Those areas likely to be inundated due to sea level rise due to global warming and such other areas as may be declared by the concerned authority (Central/State/UT).
CRZ-II
Areas that are already developed up to and close to the shoreline. For this purpose, "developed area" is that which falls within the municipal limits or in other legally designated urban areas which is already substantially built up and which have been provided with drainage and approach roads and other infrastructure.
CRZ-III
Relatively undisturbed areas that do not belong to either I or II. This will include coastal zone in rural areas (developed and undeveloped) and also areas within municipal limits or in other legally designated urban areas which are not substantially built up.
CRZ-IV
Coastal stretches in Andaman & Nicobar, Lakshadweep and small islands, except those designated as CRZ-I, II, or III.
Note:
The CRZ Act is with effect from 19/2/91. Therefore all the prohibitions and regulations apply from that date. Any change in land use after 19/2/91 within the CRZ must be in accordance with the provisions of the act. For example, an area is considered to be “developed” or “substantially built up” or the status of the existence of a road or other infrastructure must be based on the status as on 19/2/91.
It is quite evident that the notification is only a preliminary step in this direction and not a comprehensive legislation. Its aims are rather limited, confined to regulating certain acts in a narrow, geographically defined, strip of the coast. In particular, it does not recognize the intimate links between aquatic and landward sides of the shoreline.
Its most glaring drawback is the complete absence of a seaward component in the definition of the CRZ. A major drawback of the CRZ Notification is that while its provisions are supposed to apply to 'coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters which are influenced by tidal action' and several other ecologically sensitive areas along the coast, the actual protection zone defined by it covers only an extremely narrow strip of the shoreline.
As evident from several discussions on the issue, the regulatory authority proposed to be set up does not make any provision for representation of the stakeholder and the public. There are no provisions for either public hearings or information disclosures. It is thus a continuation of the existing environmental protection acts and does not contain any new progressive elements. This is despite the Panchayati Raj Act and the concept of joint ecological management that is replacing the approach of managing from above.
A careful reading of the act shows that the communities traditionally dependent on the coast for their livelihood, who in most cases have lived in harmony with the coastal environment have little to lose by the stringent implementation of the act. In fact, they stand to gain a lot. The development pressures which threaten their livelihood would be inhibited by the act. The act will help to rejuvenate the coastal ecology in several ways. It can lead to substantial improvement in the quality of coastal habitats.
Further, if the state and local authorities are committed to the protection of environment and are not misled by the environmentally and socially irresponsible noises made primarily from the industry (in its broadest sense), there are possibilities of embarking on new forms of development with community participation. Restoration of coastal ecology, such as restoring mangrove vegetation, safeguarding habitats for migratory birds and other animals, could form part of such initiatives. The state governments (Kerala is no exception), unfortunately, have tended to neglect the responsibility to safeguard environment and have been far too much in favour of the arguments against enforcing environmental protection acts.
The CRZ and CZM is not just a matter of zoning and regulating development on the shore, but are
one part of a strategy for coastal biodiversity conservation and ecologically balanced sustainable
development of the coastal areas. The threats to ecology of coastal waters, affecting not merely the marine biota, but also that of sustaining an important food source for human communities is at the heart of CRZ and CZM.
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