The Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Act, 1978
The Legislature of the State of Tamil Nadu enacted the Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Act, 1978, as Tamil Nadu Act Number 16 of 1978. It received the President's assent on 17 March 1978 and was first published in the Tamil Nadu Government Gazette Extraordinary on 21 March 1978. The Act controls construction and land use near notified nuclear installations, with strict restrictions in exclusion areas and licensing requirements in sterilised areas.
What the Act governs
The Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Act, 1978 applies across Tamil Nadu, but takes effect for each nuclear installation and the surrounding area within 4.8 kilometres on a date appointed by the State Government through notification. A nuclear installation includes the atomic power stations, Reactor Research Centre and Centralised Waste Management Facility at Kalpakkam in Chingleput district, along with other notified nuclear facilities.
The Act divides the regulated surroundings into two areas:
- An exclusion area is a notified area within 1.6 kilometres from any part of the nuclear installation boundary.
- A sterilised area is a notified area within 4.8 kilometres from any part of that boundary, excluding the exclusion area.
Together, these form the nuclear installation area.
Who is affected
The Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Act, 1978 affects landowners, occupiers, developers, builders, farmers, mining or engineering operators and local authorities within a notified nuclear installation area. Re-erecting a building includes enlargement, material alteration, conversion to residential or commercial uses, subdivision into more dwellings, and changes affecting height, covered area, capacity, stability, drainage, sanitation or hygiene.
Main restrictions
- Private persons cannot use land in an exclusion area for any purpose, including agriculture, carry out building, engineering, mining or other operations, or materially change the use of land or buildings.
- A nuclear installation local authority may permit an existing use in an exclusion area to continue for a specified period and subject to conditions.
- In a sterilised area, a private person needs a licence to erect or re-erect a building, convert agricultural land to a non-agricultural purpose, or undertake engineering, mining or other operations.
- Local authorities need prior approval from the nuclear installation local authority for covered activities in either area.
Licensing and administration
For every nuclear installation, the State Government must constitute a nuclear installation local authority to control building and land use. A licence application must include the prescribed particulars, plans and fee, together with any further information requested.
The authority may impose building conditions covering open space, ventilation, sanitation, drainage, structural stability, fire access, materials, height and roof design. It must consider possible accidental radioactive release and population growth around the installation. Before refusing a licence, it must give the applicant an opportunity to make representations.
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Common questions
Can I build a house within 4.8 kilometres of a notified nuclear installation?
If the land is in the notified sterilised area, you need a licence from the nuclear installation local authority before erecting or re-erecting the building. Private construction is prohibited in the exclusion area.
Can agricultural land in a sterilised area be converted to another use?
A private person must obtain a licence from the nuclear installation local authority before using agricultural land in the sterilised area for a non-agricultural purpose.
Can an existing land use continue after an area is notified as an exclusion area?
The nuclear installation local authority may permit the existing use of a building or land to continue for a specified period and subject to prescribed terms and conditions.
Can the nuclear installation local authority refuse my licence without hearing me?
No. The authority cannot refuse a licence application unless it first gives the applicant an opportunity to make representations.
