The Coastal Aquaculture Authority Act, 2005
Parliament enacted the Coastal Aquaculture Authority Act, 2005, Act Number 24 of 2005, dated 23 June 2005, to establish the Coastal Aquaculture Authority and regulate coastal aquaculture in coastal areas. It covers environmental protection, registration, enforcement, penalties and appeals, and the supplied text incorporates amendments made by Act 27 of 2023, effective 12 September 2023.
What the Act governs
The Coastal Aquaculture Authority Act, 2005 regulates activities connected with coastal aquaculture in coastal areas. Coastal aquaculture includes controlled rearing and cultivation of fish, crustaceans, molluscs, finfish, seaweed and other aquatic life in saline or brackish water, but excludes freshwater aquaculture.
A coastal area includes land declared as a Coastal Regulation Zone under the Central Government notification issued under the Environment (Protection) Act, 1986. It can also include another area specified by the Central Government through an Official Gazette notification.
Who may be affected
The Coastal Aquaculture Authority Act, 2005 may affect owners, operators and occupiers of coastal aquaculture units, including farms, hatcheries, Nucleus Breeding Centres and Brood Stock Multiplication Centres. The definition of owner also includes legal heirs, agents, mortgagees, lessees, sub-lessees and other persons in actual possession of a unit.
Property buyers, lenders and lessees should therefore check whether coastal land contains, supports or is being acquired for a coastal aquaculture unit. The legal responsibilities are not limited to the person recorded as the landowner.
Main provisions
The Coastal Aquaculture Authority Act, 2005 provides for:
- Central Government guidelines to prevent coastal aquaculture from harming the coastal environment and to protect coastal livelihoods.
- Establishment of the Coastal Aquaculture Authority, with representatives from coastal States and Union territories and experts in aquaculture, ecology, environmental protection and pollution control.
- Registration requirements for coastal aquaculture.
- Authority powers and functions, including powers to enter premises.
- Prohibition of certain materials.
- Penalties for conducting coastal aquaculture contrary to the Act, together with an appeal mechanism.
- Recovery of costs and penalties as arrears of land revenue.
- Rules made by the Central Government and regulations made by the Coastal Aquaculture Authority.
Commencement and amendments
The Coastal Aquaculture Authority Act, 2005 states that its validation provision came into force at once. The supplied text records that provisions from sections 2 to 26 came into force on 16 December 2005. It also incorporates multiple changes made by Act 27 of 2023 with effect from 12 September 2023, including expanded definitions of coastal aquaculture units, owners, operators, biosecurity and aquaculture inputs.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the Act apply to freshwater fish farming?
No. The definitions of coastal aquaculture, farms and hatcheries expressly exclude freshwater aquaculture.
Can a lessee or mortgagee be treated as an owner of a coastal aquaculture unit?
Yes. The definition of owner includes a mortgagee, lessee, sub-lessee, operator or another person in actual possession, as well as legal heirs and agents.
Does coastal aquaculture require registration?
Yes. The Coastal Aquaculture Authority Act, 2005 includes registration for coastal aquaculture among its provisions.
Can penalties under the Act affect land revenue recovery?
Yes. The Act provides that arrears of costs and penalties may be recovered as arrears of land revenue.
