S.O. 334 (E), Amendment to Coastal Regulation Zone Notification, 1998

What the notification changes

The Central Government, through the Ministry of Environment and Forests, issued Notification S.O. 334 (E) dated 20 April 1998 as an amendment to the Coastal Regulation Zone notification, Notification S.O. 114 (E) dated 19 February 1991. The original notification had declared coastal stretches as Coastal Regulation Zones and restricted the establishment and expansion of industries, operations and processes within those zones.

Notification S.O. 334 (E) responds to difficulties reported by the Union Territory of the Andaman and Nicobar Islands Administration concerning the prohibition on coastal sand mining. The amendment applies specifically to sand mining in the Andaman and Nicobar Islands.

Who it affects

Notification S.O. 334 (E) affected authorities, construction agencies and local people seeking sand for construction in the Andaman and Nicobar Islands. It did not create a general right to mine sand, and the text does not extend the special permission to Tamil Nadu.

For a property buyer, owner or professional in Tamil Nadu, the amendment provides no direct permission for coastal sand mining in Tamil Nadu. It is relevant mainly as part of the amendment history of the 1991 Coastal Regulation Zone notification.

Key provisions

Notification S.O. 334 (E) provided that:

• Sand mining could be permitted by a committee constituted by the Lieutenant Governor of the Andaman and Nicobar Islands.
• The committee would include the Chief Secretary and the Secretaries of the Department of Environment, Department of Water Resources and Public Works Department.
• Permission could be granted only from selected sites in non-degraded areas.
• Mining had to be regulated and considered case by case.
• Sand could be mined only for construction purposes and only up to 30 September 1998.
• The quantity could not exceed essential construction requirements, including dwelling units and shops covered by the half yearly requirement of the 1998-99 annual plan.
• Permission had to be based on a mining plan and limited to quantities that would not adversely affect the environment.
• The date appearing in the CRZ-IV provision for the Andaman and Nicobar Islands was changed from 31 March 1998 to 30 September 1998.

Procedure followed

The Central Government stated that it was in the public interest to dispense with the usual notice requirement before making the amendment. The source also records that the principal notification had previously been amended on 18 August 1994, 31 January 1997 and 9 July 1997.