Subject: Killing India's coastline

We win battles in the Supreme Court.  We win the battle of public
opinion.  We manage to convince a million fisherfolk that the Coastal
Regulation Zone Rules are pro-fisherfolk after almost six months of
trying.  Then, when all this is achieved, the carpet baggers searching
for thirty pieces of silver approach key politicians to get the law
changed.  The impact of the notification reproduced below is almost too
horrendous to contemplate.  The Ministry of Environment did not consult
its Expert Committee or the Coastal Task Force Members.  It just took
precipitate action to weaken India's environmental legislation. 

Among other things, this amendment will encourage more oil pollution,
more depletion of scarce ground water in coastal areas and consequent
saline ingress, more reclamation of mangroves and mudflats... the best
marine breeding grounds, more competition for traditional fisherfolk
from multinationals.  If an enemy country conspired to destroy our
coastal self-sufficiency... they could hardly do a better job than our
own government has so foolishly done.

It now remains to be seen if the Supreme Court will once more come to
our defence.

Bittu
=========================================================================
The CRZ Notification of 19.2.91 under the Environment Protection Act has
been amended once more, by a notification dated 9.7.1997. It reads as
under:

MINISTRY OF ENVIRONMENT AND FORESTS
NOTIFICATION
New Delhi, the 9th July, 1997

S.O.494(E).— Whereas by the notification of the Government of India in
the
Ministry of Environment and Forests No.S.O.114(E). dated the 19th
February,
1991 (hereinafter referred to as the said notification) Central
Government
declared 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 some State Governments have drawn attention of the Central
Government to the difficulties being faced by the local people and also
for
construction of essential facilities in the coastal zone;

And whereas these issues have been examined by the Government of India
in
the Ministry of Environment and Forests and discussed with other
concerned
authorities;

And whereas the Central Government is of the opinion that the said
notification should be amended;

And whereas sub-rule 4 of rule (5) of the Environment (Protection)
Rules,
1986 provides that, “Notwithstanding anything contained in sub-rule (3),
whenever 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 (3) of the said rules;

And whereas the Central Government is of the opinion that it is in
public
interest to dispense with the requirement of notice under clause (a)
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 (1)
and
clause (v) of sub-section (2) of the section 3 of the Environment
(Protection) Act, 1986 (29 of 1986) read with sub-rules (3) and (4) of
rule
5 of the Environment (Protection) Rules, 1986, the Central Government
hereby
makes the following further amendments in the aforesaid notification.

2. In the said notification, in paragraph 2.—

(1) In sub-paragraph (ii) the following words and proviso shall be
inserted
at the end, namely.—

“except transfer of hazardous substances from ships to ports, terminals
and
refineries and vice versa in the port areas:

Provided that Government of India in the Ministry of Surface Transport,
on a
case to case basis, may permit storage of the petroleum products as
specified in Annexure-III appended to this notification within the
existing
port limits of existing ports  and harbours and in those areas of ports
that
have not been classified as CRZ-I subject to implementation of safety
regulations including guidelines issued by Oil Safety Directorate in the
Government of India, Ministry of Petroleum and Natural Gas after
ensuring
proper location of site and availability of necessary equipment to meet
the
safety norms and the exigencies arising due to any accident or
spillage.”

(2) in sub-paragraph (iii) the following proviso shall be inserted at
the
end, namely —

“Provided that existing fish processing units for modernisation purposes
may
utilise twenty five per cent additional plinth area required for
additional
equipment and pollution control measures only subject to existing Floor
Space Index Floor Area Ratio norms and subject to the condition that the
additional plinth area shall not be towards seaward side of existing
unit
and also subject to the approval of State Pollution Control Board or
Pollution Control Committee.”

(3) for sub-paragraph (viii) the following shall be substituted,
namely:—

“(viii) Land reclamation bunding or disturbing the natural course of sea
water except those required for construction of port, harbours, jetties,
wharves, quays, slipways, bridges and sea-links and for other facilities
that are essential for activities permissible under the notification or
for
control of coastal erosion and maintenance or clearing of water ways,
channels and ports or for prevention of sandbars or for tidal
regulators,
storm water drains or for structures for prevention of salinity ingress
and
sweet water recharge.”

(4) in sub-paragraph (x), for the proviso the following proviso shall be
substituted, namely:—

“Provided that drawal of ground water is permitted, where no other
source of
water is available and when done manually through ordinary wells or hand
pumps, for drinking and domestic purposes, zone between 50 to 200 m from
High Tide Line in case of seas, bays and estuaries and within 200 m or
the
CRZ, whichever is less, from High Line in case of rivers, creeks and
backwaters subject to such restrictions as may be deemed necessary, in
areas
affected by sea water intrusion, that may be imposed by an authority
designated by State Government/Union Territory Administration”

(3) In paragraph 3, sub-paragraph (2) for clauses (ii) and (iv) the
following shall be substituted namely:—

(ii) Operational constructions for ports and harbours and light houses
and
constructions for activities such as jetties, wharves, quays and
slipways;

Provided that for expansion or modernisation of existing ports and
harbours
including fishing harbours operational constructions for ports and
harbours
and construction of jetties, wharves, quays, slipways, Single Point
Mooring
and Single Buoy Mooring and for reclamation for facilities essential for
operational requirements of ports and harbours in areas within the
existing
port limits, except the areas classified as category CRZ-I(i), shall
require
environmental clearance from Government of India in the Ministry of
Surface
Transport, which shall take decision on these activities on the basis of
Environmental Impact Assessment Report.

Provided further that reclamation for commercial purposes such as
shopping
and housing complexes, hotels and entertainment activities shall not be
permissible.”

“(iv) All other activities with investment exceeding rupees five crores
except those activities which are to be regulated by the concerned
authorities at the State/Union Territory level in accordance with the
provisions of paragraph 6, sub-paragraph (2) of Annexure 1 of the
notifications”.

(4) In Annexure I, in paragraph 6, in sub-paragraph (2).—

(1) under heading CRZ-I the following proviso shall be inserted at the
end,
namely.—

“provided that construction of dispensaries, schools, public rain
shelters,
community toilets, bridges, roads, jetties, water supply, drainage,
sewerage
which are required for traditional inhabitants of the Sunderbans
Bio-sphere
reserve area. West Bengal, may be permitted, on a case to case basis, by
an
authority designated by the State Government.”

(2) under heading CRZ-II, for item (i), the following shall be
substituted,
namely.—

“Buildings shall be permitted only on the landward side of the existing
road
(or roads proposed in the approved Coastal Zone Management Plan of the
area)
or on the landward side of existing authorised structures. Buildings
permitted on the landward side of the existing and proposed
roads/existing
authorised structures shall be subject to the existing local Town and
Country Planning Regulations including the existing norms of Floor Space
Index/Floor Area Ratio:

Provided that no permission for construction of buildings shall be given
on
landward side of any new roads (except roads proposed in the approved
Coastal Zone Management Plan) which are constructed on the seaward side
of
an existing road.”

(3) under heading CRZ-III.—

(i) in item (i) for the words “No construction shall be permitted within
this zone except for repairs of existing authorised structures not
exceeding
existing FSI, existing plinth area and existing density,” the words “No
construction shall be permitted within this zone except for repairs of
existing authorised structures not exceeding existing FSI, existing
plinth
area and existing density, and for permissible activities under the
notification including facilities essential for such activities. An
authority designated by the State Government/Union Territory
Administration
may permit construction of facilities for water supply, drainage and
sewerage for requirements of local inhabitants” shall be substituted;

(ii) in item (iii) at the end, the following words shall be
inserted,namely:—

“Construction is allowed for permissible activities under the
notification
including facilities essential for such activities. An authority
designated
by State Government/Union Territory Administration may permit
construction
of public rain shelters, community toilets, water supply, drainage,
sewerage, roads and bridges. The said authority 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.”

(5) After Annexure II to the said notification the following Annexure
III
shall be inserted namely:—

ANNEXURE-III
[See paragraph 2, sub-paragraph (ii)] 

List of petroleum Products Permitted for Storage in Port Areas

(i) Crude Oil;
(ii) Liquefied Petroleum Gas;
(iii) Motor Spirit;
(iv) Kerosene;
(v) Aviation; Fuel;
(vi) High Speed Diesel;
(vii) Lubricating Oil;
(viii) Butane;
(ix) Propane;
(x) Compressed Natural Gas;
(xi) Naptha;
(xii) Furnace Oil;
(xiii) Low Sulphur Heavy Stock”.

[No. H-11011/6/97-IA-III]
R.H. KHWAJA. Jt. Secy.

Foot Notes.— The principal notification was published vide S.O. No.
114(E)
dated 19th February, 1991 in Part II 3, S-section (ii) of the Gazette of
India Extraordinary and subsequently amended vide:—

(i) S.O. No.595(E) dated 18th August, 1994
(ii)S.O. No. 73(E) dated 31st January,1997.



-- 
Bittu Sahgal,
Editor, Sanctuary Magazine,
602, Maker Chambers V,
Nariman Point,
Mumbai 400 021

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