S.O. 494(E), Coastal Regulation Zone Amendment, 1997

What the amendment governs

Notification S.O. 494(E), issued by the Government of India, Ministry of Environment and Forests, changes the Coastal Regulation Zone controls created by Notification S.O. 114(E), dated 19 February 1991. The changes respond to difficulties faced by local people and the need to construct essential coastal facilities.

The notification affects coastal residents, property owners, developers, industries, fish processing units, ports, harbours and government authorities responsible for permissions.

Main changes

Notification S.O. 494(E) provides that:

• Hazardous substances may be transferred between ships and ports, terminals or refineries in port areas.
• The Ministry of Surface Transport may permit specified petroleum products to be stored within existing port limits, outside areas classified as Coastal Regulation Zone I, on a case by case basis and subject to safety requirements.
• Existing fish processing units may use 25 per cent additional plinth area for modernisation, additional equipment and pollution control measures. The added area must not extend towards the sea and requires approval from the State Pollution Control Board or Pollution Control Committee.
• Reclamation and structures necessary for permitted activities, ports, harbours, jetties, bridges, erosion control, waterway maintenance, stormwater drains, tidal regulators, prevention of salinity intrusion and freshwater recharge may be allowed.
• Reclamation for shopping or housing complexes, hotels and entertainment activities is not permitted.
• Port and harbour expansion or modernisation within existing port limits, except in Coastal Regulation Zone I(i), requires environmental clearance from the Ministry of Surface Transport based on an Environmental Impact Assessment Report.

Local facilities and construction

Notification S.O. 494(E) allows designated State Government or Union Territory authorities to permit public rain shelters, community toilets, water supply, drainage, roads and bridges. Schools and dispensaries may also be allowed for local residents where most of a panchayat lies within the Coastal Regulation Zone and no other land is available.

In Coastal Regulation Zone II, construction may take place on the landward side of existing roads, roads proposed in an approved Coastal Zone Management Plan, or existing authorised structures, subject to local planning controls. In Coastal Regulation Zone III, designated authorities may permit water supply and drainage facilities needed by local residents.

Groundwater may be drawn manually from ordinary wells or hand pumps for drinking and domestic use where no other source is available, within the stated coastal distances and subject to restrictions imposed by the designated authority.