Notification S.O. 1002(E), 6 March 2018
The Government of India, Ministry of Environment, Forest and Climate Change, issued Notification S.O. 1002(E) on 6 March 2018 to amend the Coastal Regulation Zone Notification, 2011. It extends the framework for the validity of Coastal Regulation Zone project clearances and introduces a limited process for considering permissible construction that began without prior clearance.
What the notification governs
Notification S.O. 1002(E), issued by the Government of India, Ministry of Environment, Forest and Climate Change, on 6 March 2018, further amends the Coastal Regulation Zone Notification, 2011. The 2011 notification declared certain coastal stretches as Coastal Regulation Zones and restricted the establishment and expansion of industries, operations and processes within those zones.
The amendment responds to requests concerning the validity period of Coastal Regulation Zone clearances and the consideration of post facto clearance. The requirement for prior public notice of the amendment was dispensed with in the public interest.
Who may be affected
Notification S.O. 1002(E), dated 6 March 2018, affects projects in Coastal Regulation Zones that require clearance. It is relevant to project owners and applicants who hold a clearance, seek an extension, or began otherwise permissible construction without obtaining prior clearance.
For property buyers or owners, the provisions may be relevant where construction on coastal property depends on a Coastal Regulation Zone clearance or was started without one.
Clearance validity
Notification S.O. 1002(E), dated 6 March 2018, replaces the provision governing the validity of project clearances:
- A clearance is valid for seven years from its date of issue.
- Construction must begin within five years from the date of issue.
- Construction must be completed and operations must begin within seven years from the date of issue.
- Validity may be extended for a maximum of three years.
- An extension application must be made within the existing validity period.
- The application must include a recommendation from the relevant State or Union Territory Coastal Zone Management Authority.
Construction started without prior clearance
Notification S.O. 1002(E), dated 6 March 2018, permits limited consideration of post facto clearance:
- Only activities otherwise permissible under the Coastal Regulation Zone Notification, 2011, can be considered for regularisation.
- Projects violating Coastal Regulation Zone norms cannot be regularised.
- The relevant Coastal Zone Management Authority must recommend regularisation and certify that no Coastal Regulation Zone regulation was violated.
- Construction begun before 6 March 2018 without the required clearance could be considered only by the Ministry of Environment, Forest and Climate Change.
- The Ministry had to receive the regularisation request by 30 June 2018.
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
How long is a Coastal Regulation Zone project clearance valid?
Under Notification S.O. 1002(E), dated 6 March 2018, the clearance is valid for seven years from its date of issue. Construction must start within five years, and construction and commencement of operations must occur within seven years.
Can the validity of a Coastal Regulation Zone clearance be extended?
Yes. The validity may be extended for a maximum of three years if the applicant applies within the existing validity period and includes a recommendation from the relevant State or Union Territory Coastal Zone Management Authority.
Can construction started without prior Coastal Regulation Zone clearance be regularised?
Only an activity otherwise permissible under the Coastal Regulation Zone Notification, 2011, could be considered. A project that violates Coastal Regulation Zone norms cannot be regularised.
Who considered older construction cases that lacked Coastal Regulation Zone clearance?
Where construction began before 6 March 2018 without the required clearance, only the Ministry of Environment, Forest and Climate Change could consider the case. The Ministry had to receive the regularisation request by 30 June 2018.
