S.O. 2903(E), Amendment to the CRZ Notification, 2011
The Ministry of Environment, Forest and Climate Change issued notification S.O. 2903(E), dated 3 July 2023, amending the Coastal Regulation Zone Notification, 2011, issued as S.O. 19(E), dated 6 January 2011. The amendment changes the validity and extension process for Coastal Regulation Zone clearances and allows valid clearances to be transferred or split between eligible legal persons.
What the amendment governs
Notification S.O. 2903(E), dated 3 July 2023, issued by the Ministry of Environment, Forest and Climate Change, applies to Coastal Regulation Zone clearances for projects and activities in coastal stretches regulated under the Coastal Regulation Zone Notification, 2011. It aligns clearance validity and transfer provisions more closely with the environmental clearance system under the Environmental Impact Assessment Notification, 2006.
Who may be affected
The amendment to the Coastal Regulation Zone Notification, 2011 may affect applicants and legal persons undertaking new projects or activities, or expanding or modernising existing projects or activities, in a regulated Coastal Regulation Zone. It is particularly relevant where a project requires both environmental clearance and Coastal Regulation Zone clearance, or where a cleared project is being transferred or divided between legal persons.
Key provisions
- A Coastal Regulation Zone clearance is valid for ten years.
- Its validity may be extended by a maximum of one year if the applicant applies within the existing validity period and includes the recommendation of the Coastal Zone Management Authority concerned.
- An application made within thirty days after expiry may still be considered if the specified Ministry division head or the member secretary of the Coastal Zone Management Authority condones the delay.
- An application made more than thirty days but within ninety days after expiry may be considered if the specified Minister or Coastal Zone Management Authority chairperson condones the delay.
- No extension application filed more than ninety days after expiry will be considered.
- For calculating validity, the period from 1 April 2020 to 31 March 2021 is excluded because of the COVID-19 outbreak.
- Where both environmental clearance and Coastal Regulation Zone clearance are required, validity follows the Environmental Impact Assessment Notification as amended from time to time. An extension requires recommendations from the relevant Coastal Zone Management Authority and Expert Appraisal Committee.
- A valid Coastal Regulation Zone clearance may be transferred to another legal person entitled to undertake the project or activity. The original terms, conditions and remaining validity period continue to apply.
- A clearance may also be split and transferred among two or more eligible legal persons, subject to an application, required documents and the applicable recommendations.
Relevance to coastal property and projects
The amendment does not itself approve development on coastal land. A buyer, owner or project operator should check whether an existing Coastal Regulation Zone clearance remains valid and whether a proposed change of project holder requires a formal transfer or split of that clearance.
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 clearance valid?
A clearance granted under the Coastal Regulation Zone Notification, 2011 is valid for ten years. It may be extended by up to one year, subject to the stated application and recommendation requirements.
Can I apply for an extension after the clearance has expired?
Yes, delay may be condoned if the application is filed within ninety days after expiry, through the specified approval process. An application filed more than ninety days after expiry will not be considered.
Can a Coastal Regulation Zone clearance be transferred when a project changes hands?
A valid clearance may be transferred to another legal person entitled to undertake the project or activity. The transfer requires an application and, where the transferee applies, a written no objection from the transferor, and it continues on the original terms and validity period.
Can one Coastal Regulation Zone clearance be divided between several project operators?
Yes. A clearance may be split among two or more legal persons entitled to undertake the project, subject to the required application, documents and recommendations.
