¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 37 � MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 8th March, 2019 S.O.1242(E).—Whereas by notification of the Government of India in the erstwhile Ministry of Environment and Forests number S.O.20 (E),dated the 6 th January, 2011 (hereinafter referred to as the Island Protection Zone Notification, 2011), the Central Government declared certain coastal stretches of Andaman and Nicobar and Lakshadweep as the Island Protection Zone (hereinafter referred to as the IPZ); under Section 3 of Environment (Protection) Act, 1986;
And Whereas, the Ministry of Environment, Forest and Climate Change has received representations from Union territories (UTs) of Lakshadweep and Andaman and Nicobar, besides other stakeholders, regarding certain provisions in the IPZ Notification, 2011 related to management and conservation of marine and coastal ecosystems, development in coastal areas, eco-tourism, livelihood options and sustainable development of coastal communities etc;
And Whereas, various stakeholders have requested the Ministry of Environment, Forest and Climate Change to address the concerns related to coastal environment and sustainable development with respect to the IPZ Notification, 2011;
And Whereas, the Ministry of Environment, Forest and Climate Change had constituted a Committee under the Chairmanship of Dr. Shailesh Nayak to examine various issues and concerns of coastal states and Union territories and various stakeholders, relating to the IPZ Notification 2011 and to recommend appropriate changes in the said Notification;
And Whereas, the report submitted by Dr. Shailesh Nayak Committee has been examined in the Ministry and consultations have been held with various stakeholders in this regard;
Now, therefore in exercise of the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 and in supersession of Island Protection Zone Notification 2011, vide number S.O.20(E), dated the 6th January, 2011, except as respects things done or omitted to be done before such supersession, the Central Government, with a view to conserve and protect the unique environment of coastal stretches and marine areas, besides livelihood security to the fisher communities and other local communities in the coastal areas and to promote sustainable development based on scientific principles taking into account the dangers of natural hazards, sea level rise due to global warming, does hereby, declare the coastal stretches of the eight bigger oceanic islands in Andaman and Nicobar namely, Middle Andaman, North Andaman, South Andaman, Great Nicobar, Baratang, Havelock, Little Andaman, Car Nicobar Islands and the water area up to territorial water limits of the country, as the Island Coastal Regulation Zone (hereinafter referred to as the ICRZ) as under:
(i) The land area from High Tide Line (hereinafter referred to as the HTL) to 200 meters on the landward side along the sea front for Group-I Islands and 100 meters on the landward side along the sea front for Group-II Islands.
(ii) The eight bigger oceanic islands in Andaman and Nicobar (ICRZ Islands) shall be grouped as follows:
Group-I: Islands with geographical areas >1000 sq.km such as South Andaman, Middle Andaman, North Andaman and Great Nicobar.
Group-II: Islands with geographical areas >100 sq.km but < 1000 sq.km such as Baratang, Little Andaman, Havelock and Car Nicobar.
Explanation,- For the purposes of this Notification, the expression “High Tide Line” means the line on the land upto which the highest water line reaches during the spring tide, as demarcated by the National Centre for Sustainable Coastal Management (NCSCM), Chennai in accordance with the laid down procedures.
(iii)(a) The ICRZ shall apply to the land area between HTL to 20 meters or width of the creek, whichever is less on the landward side along the tidal influenced water bodies that are connected to the sea and the distance upto which development along such tidal influenced water bodies is to be regulated shall be governed by the distance upto which the tidal effects are experienced which shall be determined based on salinity concentration of five parts per thousand (ppt) measured during the driest period of the year and distance up to which tidal effects are experienced shall be clearly identified and demarcated accordingly in the Island Coastal Regional Zone Plans (hereinafter referred to as the ICRZ Plans).
(b) The distance of the ICRZ along the tidal influence water bodies, thus determined, shall be demarcated accordingly in the Island Coastal Zone Management Plan (hereinafter referred to as the ICRZP).
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(c) The ICRZ boundaries along the creeks etc. as above shall however be subject to revision and final approval of the respective ICRZ Plans as per this Notification, framed with due consultative process and public hearing etc. and environmental safeguards enlisted therein. Till such time the ICRZ Plans to this notification is approved, the limit of 100 meters or width of the creek whichever is less, shall continue to apply.
Explanation: For the purposes of this sub-paragraph the expression tidal influenced water bodies means the water bodies influenced by tidal effects from sea in the bays, estuaries, rivers, creeks, backwaters, lagoons and ponds etc. that are connected to the sea.
(iv) The intertidal zone means the land area between the HTL and the Low Tide Line (hereinafter referred to as the LTL).
(v) The water and the bed area between the LTL to the territorial water limit (12 Nm) in case of sea and the water and the bed area between LTL at the bank to the LTL on the opposite side of the bank, of tidal influenced water bodies.
2. Classification of the ICRZ – For the purpose of conserving and protecting the coastal areas and marine waters, the ICRZ area shall be classified as follows, namely:-
(i) ICRZ-I areas are environmentally most critical and shall be further classified as under:
(ii) ICRZ-IA:
(a) The ICRZ-I A shall constitute the following ecologically sensitive areas and the geo- morphological features which play a role in the maintaining the integrity of the coast viz.:
(i) Mangroves. In case mangrove area is more than 1000 square meters, a buffer of 20 meters along the mangroves shall be provided and such area shall also constitute CRZ –I A.
(ii) Corals and coral reefs;
(iii) Sand Dunes;
(iv) Biologically active Mudflats;
(v) National parks, marine parks, sanctuaries, reserve forests, wildlife habitats and other protected areas under the provisions of Wild Life (Protection) Act, the Forest (Conservation) Actor Environment (Protection) Act; including Biosphere Reserves;
(vi) Salt Marshes;
(vii) Turtle nesting grounds;
(viii) Horse shoe crab’s habitat;
(ix) Sea grass beds;
(x) Seaweeds,
(xi) Nesting grounds of birds;
(xii) Areas or structures of archaeological importance and heritage sites.
(b) A detailed environment management plan shall be formulated by the Union territories for such ecologically sensitive areas (ESAs) in respective territories, as mapped out by NCSCM, based on guidelines as contained in Annexure-I and integrated in the ICRZ Plans.
(iii) ICRZ-I B: The CCRZ-IB shall consist of the intertidal zone i.e. the area between Low Tide Line and High Tide Line shall constitute the ICRZ-I B.
(iv) ICRZ-II:
(a) The ICRZ-II shall constitute the developed land areas up to or close to the shoreline, within the existing municipal limits or in other existing legally designated urban areas, which are substantially built-up with a ratio of built up plots to that of total plots being more than 50% and have been provided with drainage and approach roads and other infrastructural facilities, such as water supply and sewerage mains etc.
(b) The Land areas along the creeks or tidal influence water bodies, located in the ICRZ II shall also be earmarked as ICRZ II and the distance upto which the ICRZ is to be reckoned as the land area between HTL to 20 meters or width of the creek, whichever is less on the landward side along the tidal influenced water bodies that are connected to the sea and the distance upto which development along such tidal influenced water bodies is to be regulated shall be governed by the distance upto which the tidal effects are experienced which shall be determined based on salinity concentration of five parts per thousand (ppt) ¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 39 � measured during the driest period of the year and distance up to which tidal effects are experienced shall be clearly identified and demarcated accordingly in the Island Coastal Regional Zone Plans (hereinafter referred to as the ICRZ Plans).
(v) ICRZ-III: The land areas that are relatively undisturbed (viz. rural areas etc.) and those do not fall under ICRZ-II, shall constitute ICRZ-III.
Explanation.- 1. For Group-I Islands, the area up to 100 meter from the HTL on the landward side shall be earmarked as the No Development Zone (NDZ).
Provided that the NDZ for development of eco-tourism activities shall be 50 m and the Andaman and Nicobar administration shall ensure that the concerns of the fishing community are fully protected.
2. For Group-II Islands, the area up to 50 mts from the HTL on the landward side shall be earmarked as the No Development Zone (NDZ).
Provided that the NDZ for development of eco-tourism activities shall be 20 m and the A&N administration shall ensure that the concerns of the fishing community are fully protected.
(vi) Land area up to 20 m from the HTL, or width of the creek whichever is less, along the tidal influenced water bodies in the CRZ III, shall also be earmarked as the NDZ and the distance upto which the NDZ is to be reckoned as the land area between HTL to 20 meters or width of the creek, whichever is less on the landward side along the tidal influenced water bodies that are connected to the sea and the distance upto which development along such tidal influenced water bodies is to be regulated shall be governed by the distance upto which the tidal effects are experienced which shall be determined based on salinity concentration of five parts per thousand (ppt) measured during the driest period of the year and distance up to which tidal effects are experienced shall be clearly identified and demarcated accordingly in the Island Coastal Regional Zone Plans (hereinafter referred to as the ICRZ Plans).
Note: The NDZ shall not be applicable in such areas falling within notified Port limits.
(vii) ICRZ-IV.- The ICRZ - IV shall constitute the water area and shall be further classified as under:
(viii) ICRZ- IVA.- The water area and the sea bed area between the Low Tide Line up to twelve (12) nautical miles on the seaward side shall constitute ICRZ-IV A.
(ix) ICRZ- IVB.- ICRZ-IV B areas shall include the water area and the bed area between LTL at the bank of the tidal influenced water body to the LTL on the opposite side of the bank, extending from the mouth of the water body at the sea up to the influence of tide, i.e., salinity of five parts per thousand (ppt) during the driest season of the year.
3. Prohibited activities within ICRZ.- The following activities shall be prohibited, in general, within the entire ICRZ. Exceptions to these and other permissible or regulated activities in specific ICRZ categories viz. ICRZ-I, II, III & IV, shall however be governed by the provisions under para 5 of this Notification:
(i) destruction of corals.
(ii) mining of sand from in and around coral areas, nesting and breeding grounds of endemic and endangered species.
(iii) shore protection works (hard constructions) on the seaward side of the corals.
(iv) setting up of new industries and expansion of existing industries, operations or processes.
(v) manufacture or handling of oil, storage or disposal of hazardous substances as specified in the notification of Ministry of Environment, Forest & Climate Change.
(vi) setting up of new fish processing units.
(vii) land reclamation, bunding or disturbing the natural course of seawater.
(viii) discharge of untreated waste and effluents from industries, cities or towns and other human settlements.
(ix) dumping of city or town wastes including construction debris, industrial solid wastes, fly ash for the purpose of land filling.
(x) port and harbour projects in high eroding stretches of the coast.
(xi) mining of sand, rocks and other sub-strata materials.
(xii) dressing or altering active sand dunes.
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(xiii) in order to safeguard the aquatic system and marine life, disposal of plastic into the coastal waters shall be prohibited. Adequate measures for management and disposal of plastic materials shall be undertaken in the ICRZ.
(xiv) drawal of ground water.
4. Regulation of permissible activities in the ICRZ (I) ICRZ-I.- (II) ICRZ–IA.- These areas are ecologically most sensitive and generally no activities shall be permitted to be carried out in the ICRZ-I A areas, with following exceptions:
(a) Eco-tourism activities such as mangrove walks, tree huts, nature trails, etc., in identified stretches areas subject to such eco-tourism plan featuring in the approved ICRZ Plans as per this Notification, framed with due consultative process/ public hearing etc. and further subject to environmental safeguards and precautions related to the Ecologically Sensitive Areas, as enlisted in the ICRZ Plans.
(b) In the mangrove buffer, only such activities shall be permitted like laying of pipelines, transmission lines, conveyance systems/mechanisms and construction of road on stilts etc. that are required for public utilities.
(c) Construction of roads and roads on stilts, by way of reclamation in ICRZ-IA areas, shall be permitted only in exceptional cases for defence , strategic purposes and public utilities, subject to a detailed marine or terrestrial environment impact assessment or both, to be recommended by the Coastal Zone Management Authority (CZMA) and approved by the Ministry of Environment, Forest and Climate Change; and in case construction of such roads passes through mangrove areas or is likely to damage the mangroves, a minimum three times the mangrove area affected or destroyed or cut during the construction process shall be taken up for compensatory plantation of mangroves.
(III) ICRZ-IB.- The activities shall be regulated or permissible in the ICRZ-I B areas as under:
(i) Land reclamation and bunding etc. shall be permitted only for activities such as;
(a) Foreshore facilities like ports, harbours, Jetties, wharves, quays, slipway, bridges, hover ports for coast guard and sea links etc.
(b) Projects for Defence, strategic and security purpose;
(c) Road on stilts, provided that such roads shall not be authorized for permitting development on the landward side of such roads, till the existing High Tide Line:
Provided that the use of reclaimed land may be permitted only for public utilities such as mass rapid or multimodal transit system, construction and installation of all necessary associated public utilities and infrastructure to operate such transit or transport system including those for electrical or electronic signaling system, transit stopover of permitted designs; except for any industrial operation, repair and maintenance.
(d) Measures for control of erosion.
(e) Maintenance and clearing of waterways, channels, ports and hover ports for coast guard.
(f) Measures to prevent sand bars, installation of tidal regulators, laying of storm water drains or for structure for prevention of salinity ingress and freshwater recharge.
(ii) Activities related to waterfront or directly needing foreshore facilities such as ports and harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines, lighthouses, navigational safety facilities, coastal police stations, Indian coast guard stations and the like.
(iii) Power by non-conventional energy sources and associated facilities.
(iv) Transfer of hazardous substances from ships to Ports, terminals and refineries and vice versa.
(v) Facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II, subject to implementation of safety regulations including guidelines issued by the Oil Industry Safety Directorate in the Ministry of Petroleum and Natural Gas, provided that such facilities are for receipt and storage of fertilizers and raw materials required for fertilizers, like ammonia, phosphoric acid, sulphur, sulphuric acid, nitric acid etc.
¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 41 �
(vi) Storage of non-hazardous cargo i.e. edible oil, fertilizers & food grains in notified Ports.
(vii) Hatchery and natural fish drying.
(viii) Existing fish processing units may utilize 25% additional plinth area for modernization purposes (only for additional equipments and pollution control measures) subject to the following:
(a) FSI of such reconstruction not exceeding the permissible FSI permissible as per prevalent town and country planning regulations.
(b) Additional plinth area is constructed only to the landward side.
(c) Approval of the concerned State Pollution Control Board or the Pollution Control Committee.
(ix) Treatment facilities for waste and effluents and conveyance of treated effluents.
(x) Storm water drains.
(xi) Projects classified or identified as strategic, Defence related projects and Projects of Department of Atomic Energy.
(xii) Manual mining of atomic mineral(s) notified under Part-B of First Schedule of Mines and Minerals (Development and Regulation) Act, 1957 occurring as such or in association with one or other minerals in the inter-tidal zone by such agencies as authorised by Department of Atomic Energy, as per mining plan approved by the Department of Atomic Energy.
Provided that the manual mining operations are carried out only by deploying persons using baskets and hand spades for collection of ore or mineral within the intertidal zone and as per approved mining plan, without deploying or using drilling and blasting or Heavy Earth Moving Machinery in the intertidal zone.
(xiii) Exploration and extraction of oil and natural gas and all associated activities and facilities thereto;
(xiv) Foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water, intake water for desalination plants etc., and outfall for discharge of treated wastewater or cooling water from thermal power plants, in conformity with the environmental standards notified by Ministry of Environment, Forest and Climate Change and relevant directions of Central Pollution Control Board (CPCB) or the State Pollution Control Board (SPCB) or the Pollution Control Committee (PCC), as the case may be.
(xv) Pipelines, conveying systems including transmission lines.
(xvi) Weather radar for monitoring of cyclones prediction ocean observation platforms, movement and associated facilities.
(xvii) Salt harvesting and associated facilities.
(xviii) Desalination plants and associated facilities.
(xix) Mining of sand for construction purposes:
Provided that the mining of sand shall be permitted by Andaman and Nicobar CZMA in identified non-eco sensitive and approved sites, as identified by Institute of Ocean Management (IOM), Chennai, subject to the following, namely:-
(a) the mining plans shall stipulate sufficient safeguards to prevent damage to the sensitive coastal eco-system including corals, turtles, crocodiles, bird nesting sites and other protected areas.
(b) total quality of sand to be mined shall be fixed taking into consideration the order of Hon’ble Supreme Court, dated 7 th May, 2002 in Writ Petition (Civil No.2002 of 1995).
(c) the sand mining shall be monitored by a constituted Committee by the Lieutenant Governor of Andaman and Nicobar comprising of (1) Chief Secretary, Andaman & Nicobar, (2) Secretary, Department of Environment, (3) Secretary, Department of Water Resources, (4) Secretary, Andaman and Nicobar Public Works Department, (5) Representative from the Regional Office of Ministry of Environment, Forest and Climate Change, Bhubaneshwar and (6) Representative of an NGO based at Andaman and Nicobar.
(IV) ICRZ-II
(i) Activities as permitted in ICRZ-I B, shall also be permissible in ICRZ-II, as applicable.
42 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] �
(ii) Construction of buildings for residential purposes, schools, hospitals, institutions, offices, public places etc.
shall be permitted only on the landward side of the existing road, or on the landward side of existing authorized fixed structures; provided that no permission for construction of buildings shall be given on landward side of any new roads which are constructed on the seaward side of an existing road.
(iii) Buildings permitted as in (ii) above, shall be subject to the local town and country planning regulations as applicable from time to time, and the norms for the Floor Space Index or Floor Area Ratio prevailing as on the date of this notification in the official gazette, and in the event that there is a need for amendment of the FSI after the date of publication of this notification in the official Gazette, the Urban Local Body or the Union territory Administration shall approach the Ministry of Environment, Forest and Climate Change through the concerned Union territory Coastal Zone Management Authority (CZMA) and the concerned CZMA shall forward the proposal to the National Coastal Zone Management Authority (NCZMA) with its views in the matter, and the NCZMA shall thereafter examine various aspects like availability of public amenities, environment protection measures, etc. and take a suitable decision on the proposal and it shall be the responsibility of the concerned Town Planning Authority to ensure that the solid Wastes are handled as per respective Solid Waste Management Rules and no untreated sewage is discharged on the coast or coastal waters.
(iv) Reconstruction of authorized buildings shall be permitted, without change in present land use, subject to the local town and country planning regulations as applicable from time to time, and the norms for the Floor Space Index or Floor Area Ratio, prevailing as on the date of this Notification. and in the event that there is a need for amendment of the FSI after the date of publication of this notification in the official Gazette, the Urban Local Body or the Union territory Administration shall approach the Ministry of Environment, Forest and Climate Change through the concerned Union territory Coastal Zone Management Authority (CZMA) and the concerned CZMA shall forward the proposal to the National Coastal Zone Management Authority (NCZMA) with its views in the matter, and the NCZMA shall thereafter examine various aspects like availability of public amenities, environment protection measures, etc. and take a suitable decision on the proposal and it shall be the responsibility of the concerned Town Planning Authority to ensure that the solid Wastes are handled as per respective Solid Waste Management Rules and no untreated sewage is discharged on the coast or coastal waters.
(v) Development of vacant plots in designated areas for construction of beach resorts/hotels/tourism development projects subject to the conditions or guidelines at Annexure-III.
(vi) Temporary tourism facilities shall be permissible in the beaches which shall only include shacks, toilets or washrooms, change rooms, shower panels; walk ways constructed using interlocking paver blocks and the like, drinking water facilities, seating arrangements, facilities associated for water sports activities etc. and such facilities shall however be permitted only subject to the tourism plan featuring in the approved ICRZ Plan as per this Notification, framed with due consultative process and public hearing etc. and further subject to maintaining a minimum distance of 10 meters from HTL for setting up of such facilities and environmental safeguards enlisted in the ICRZ Plans.
(vii) Construction or repairs of infrastructure facilities for Marine Coastal Police Stations may be permitted on a case to case basis by CZMA.
(viii) Mining of atomic minerals notified under Part-B of the First Schedule to Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) occurring as such or in association with one or other minerals by such agencies as authorised by the Department of Atomic Energy, Government of India, as per mining plan by the Atomic Mineral Directorate for Exploration and Research.
(V) ICRZ-III:
(a) Activities as permitted in ICRZ-I B, shall also be permissible in ICRZ-III, as applicable.
(b) Regulation of activities in the NDZ: Following activities shall be permitted or regulated in the NDZ.-
(i) no construction shall be permitted within NDZ in ICRZ-III, except for repairs or reconstruction of existing authorized structure not exceeding existing Floor Space Index, existing plinth area and existing density; for permissible activities under the notification including facilities essential for activities and construction/reconstruction of dwelling units of traditional coastal communities including fisher folk, incorporating necessary disaster management provisions and proper sanitation arrangements.
(ii) agriculture, horticulture, gardens, pastures, parks, playfields and forestry.
¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 43 �
(iii) construction of dispensaries, schools, public rain shelter, community toilets, bridges, roads, provision of facilities for water supply, drainage, sewerage, crematoria, cemeteries and electric sub-station which are required for the local inhabitants may be permitted on a case to case basis by CZMA.
(iv) construction of units or auxiliary thereto for domestic sewage, treatment and disposal with the prior approval of the concerned Pollution Control Board or Committee.
(v) facilities required for local fishing communities such as fish drying yards, auction halls, net mending yards, traditional boat building yards, ice plant, ice crushing units, fish curing facilities and the like;
(vi) wherever there is a national or state highway passing through the NDZ of ICRZ-III areas, temporary tourism facilities such as toilets, change rooms, drinking water facility and temporary shacks can be taken up on the seaward side of the road.
(vii) on landward side of such roads in the NDZ, Resorts / hotels and associated tourism facilities shall be permitted. Such facilities shall, however, be permitted only subject to the incorporation of tourism plan in the approved ICRZ Plans as per this Notification and the conditions / guidelines at Annexure-III, as applicable.
(viii) temporary tourism facilities shall be permissible in the NDZ and beaches in the ICRZ-III areas and such temporary facilities shall only include shacks, toilets or washrooms, change rooms, shower panels; walk ways constructed using interlocking paver blocks and the like, drinking water facilities, seating arrangements, facilities associated for water sports activities etc. and such facilities shall however be permitted only subject to the tourism plan featuring in the approved ICRZ Plan as per this Notification framed with due consultative process and public hearing etc. and further subject to maintaining a minimum distance of 10 meters from HTL for setting up of such facilities and environmental safeguards enlisted in the ICRZ Plans.
(ix) mining of atomic minerals notified under Part-B of the First Schedule to Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) occurring as such or in association with one or other minerals by such agencies as authorised by the Department of Atomic Energy, Government of India, as per mining plan by the Atomic Mineral Directorate for Exploration and Research.
(c) For ICRZ–III Areas beyond the NDZ, activities shall be permissible and regulated as under:
(i) development of vacant plots in designated areas for construction of beach resorts or hotels or tourism development projects subject to the conditions / guidelines at Annexure-III;
(ii) construction or reconstruction of dwelling units so long it is within the ambit of traditional rights and customary uses such as existing fishing villages etc. Building permission for such construction or reconstruction will be subject to local town and country planning rules with an overall height of construction not exceeding nine meters and with only two floors (ground + one floor);
(iii) the local communities including fishermen can be permitted to facilitate tourism through ‘home stay’ without changing the plinth area/ design or facade of the existing houses.
(iv) construction of public rain shelters, community toilets, water supply drainage, sewerage, roads and bridges etc.
(v) Construction or repairs of infrastructure facilities for Marine Coastal Police Stations may be permitted on a case to case basis by CZMA.
(d) Drawing of groundwater and construction related thereto shall be prohibited within 200 meters of HTL except for the use of local communities in areas inhabited by them. In the areas between 200 meters - 500 meters of the HTL, groundwater withdrawal can be permitted only through manual means from ordinary wells for drinking, horticulture, agriculture and fisheries etc. where no other source of water is available. Restrictions for such drawal may be imposed by the designated Authority by UT administration in the areas affected by sea water intrusion.
(e) Mining of atomic minerals notified under Part-B of the First Schedule to Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) occurring as such or in association with one or other minerals by such agencies as authorised by the Department of Atomic Energy, Government of India, as per mining plan by the Atomic Mineral Directorate for Exploration and Research.
(VI) ICRZ-IV.- Activities shall be permitted and regulated in the CRZ IV areas as under:
(i) Traditional fishing and allied activities undertaken by local communities.
(ii) Land reclamation and bunding etc. to be permitted only for activities such as;
44 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] �
(a) Foreshore facilities like ports, harbours, Jetties, wharves, quays, slipway, bridges, sea links and hover ports for coast guard etc.
(b) Projects for Defence, strategic and security purpose including Coast Guard.
(c) Measures for control of erosion.
(d) Maintenance and clearing of waterways, channels and ports.
(e) Measures to prevent sand bars, installation of tidal regulators, laying of storm water drains or for structure for prevention of salinity ingress and freshwater recharge.
(iii) Activities related to waterfront or directly needing foreshore facilities such as ports and harbours, jetties, quays, wharves, erosion control measures, breakwaters, pipelines, navigational safety facilities, and the like.
(iv) Power by non-conventional energy sources and associated facilities.
(v) Transfer of hazardous substances from ships to Ports.
(vi) Storage of non-hazardous cargo like edible oil, fertilizers and food grains in notified Ports.
(vii) Facilities for discharging treated effluents into the water course.
(viii) Projects classified as Strategic and Defence related projects including coast guard coastal security network.
(ix) Projects of Department of Atomic Energy.
(x) Exploration and extraction of oil and natural gas and all associated activities and facilities thereto;
(xi) Exploration and mining of atomic minerals notified under Part-B of the First Schedule of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), occurring as such or in association with other mineral(s) and of such associated mineral(s).
(xii) Foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated wastewater or cooling water from thermal power plants. Foreshore requiring facilities for transport of raw materials, facilities for intake of cooling water and outfall for discharge of treated wastewater or cooling water from thermal power plants, in conformity with the environmental standards notified by Ministry of Environment, Forest and Climate Change and relevant directions of Central Pollution Control Board (CPCB) or the State Pollution Control Board (SPCB) or the Pollution Control Committee (PCC), as the case may be.
(xiii) Pipelines, conveying systems including transmission lines.
(xiv) Weather radar for monitoring of cyclone prediction, ocean observation platforms, movement and associated facilities.
5. Island Coastal Regulation Zone Plan (ICRZP):
(i) The Andaman and Nicobar administration shall revise or update their respective island coastal regulation zone plan (ICRZP) framed under IPZ Notification, 2011, as per provisions of this Notification and submit to the Ministry of Environment, Forest and Climate Change for approval at the earliest. All the project activities attracting the provisions of this Notification shall be required to be appraised as per the updated ICRZ Plans to this Notification. Until and unless the plans are so revised or updated, provisions of this Notification shall not come in force and the plans as per provisions of IPZ Notification, 2011 shall continue to be followed for appraisal and CRZ clearance to such projects;
(ii) The ICRZ Plans may be prepared or updated by engaging reputed and experienced scientific institution(s) or the agencies including the National Centre for Sustainable Coastal Management (hereinafter referred to as the NCSCM) of Ministry of Environment, Forest and Climate Change and in consultation with the concerned stakeholders;
(iii)(a) Draft plans shall be prepared in 1:25,000 scale map identifying and classifying the ICRZ areas within the respective territories in accordance with the guidelines given in Annexure-IV of the notification, which involve public consultation;
(b) All developmental activities listed in this notification shall be regulated by the Union Territory Administration, the local authority or the concerned CZMA within the framework of such approved ICRZ plans, as the case may be, in accordance with provisions of this notification;
(iv) The draft plans shall be submitted to the A&N CZMA for appraisal, including appropriate consultations, and recommendations in accordance with the procedure(s) laid down in the Environment (Protection) Act, 1986;
¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 45 �
(v) The Ministry of Environment, Forest and Climate Change shall thereafter consider and approve the plans;
(vi) The ICRZ Plans shall not normally be revised before a period of five years after which, the concerned Union territory administration may consider undertaking a revision.
6. Areas requiring special consideration: Small Islands of Andaman Islands and Nicobar and Lakshadweep:
(i) All the smaller Islands in Andaman and Nicobar and Lakshadweep, other than those listed under the ICRZ categories, shall also be covered under this Notification.
(ii) These smaller islands shall be managed through the respective Integrated Island Management Plans (hereinafter referred to as the IIMP). Integrated Island Management Plans (IIMPs) shall be formulated by respective Union territory administration for all such Islands as per guidelines contained in Annexure-IV, and submitted to Ministry of Environment, Forest and Climate Change for approval at the earliest. Until and unless the IIMPs are framed, provisions of this Notification shall not come in force and the IIMPs as per provisions of IPZ Notification 2011 shall continue to be followed.
(iii) In view of the unique coastal systems and space limitations in these islands, a No Development Zone (NDZ) of 20 meters from the HTL on the landward side shall uniformly apply to such islands and activities shall be regulated as under:
(a) Existing dwelling units of local communities of these islands may be repaired or reconstructed within 20 meters from the HTL and however, no new construction shall be permitted.
(b) Foreshore facilities such as fishing jetty, fish drying yards, net mending yard, fishing processing by traditional methods, boat building yards, ice plant, boat repairs and the like, may be taken up in NDZ limits subject to due environmental safeguards.
(c) Activities in the Coastal Water areas, inter-tidal zone and ecologically sensitive areas shall be permitted or regulated as in the ICRZ-I and ICRZ-IV areas under Para 4 of this Notification.
(d) Development in these Islands beyond 20 meters of HTL shall be governed by the respective IIMPs and local regulations, as applicable.
7. ICRZ clearance for permissible or regulated activities- Delegations
(i) All permitted or regulated project activities attracting the provisions of this notification shall be required to obtain ICRZ clearance prior to their commencement.
(ii) All development activities or projects in ICRZ-I and ICRZ-IV areas, which are regulated and permissible as per this notification, shall be dealt with by the Ministry of Environment, Forest and Climate Change for clearance, based on the recommendation of the concerned CZMA.
(iii) For all other permissible and regulated activities as per this Notification, which fall purely in ICRZ–II and ICRZ-III areas, the ICRZ clearance shall be considered by the concerned CZMAs. Such projects in ICRZ –II and III, which also happen to be traversing through ICRZ–I and/or ICRZ-IV areas, ICRZ clearance shall, however be considered only by the Ministry of Environment, Forest and Climate Change, based on recommendations of the CZMA.
(iv) Projects or activities which attract the provisions of this Notification as also the provisions of EIA Notification 2006, shall be dealt with for a composite Environmental and ICRZ clearance under EIA Notification 2006 by the concerned approving Authority, based on recommendations of concerned CZMA, as per delegations i.e., State Environmental Impact Assessment Authority (hereinafter referred to as the SEIAA) for category ‘B’ projects and by the Ministry of Environment, Forest and Climate Change for category ‘A’ projects respectively.
(v) In case of building and construction projects with built-up area less than the threshold limit stipulated for attracting the provisions of the EIA Notification, these shall be approved by the concerned local Union Territory Planning Authorities in accordance with this notification, after obtaining recommendations of the CZMA.
(vi) Only for self-dwelling units up to a total built up area of 300 sq. meters, approval shall be accorded by the concerned local Authority, without the requirement of recommendations of the CZMA. Such authorities shall, however, examine the proposal from the perspective of this Notification, before according approval.
8. Procedure for ICRZ clearance for permissible and regulated activities:
(i) The project proponents shall apply with the following documents to the concerned Union territory Coastal Zone Management Authority for seeking prior clearance under the ICRZ Notification:
46 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] �
(a) Project summary details as per Annexure-V of the notification.
(b) Rapid EIA Report including marine and terrestrial component, as applicable, except for building construction projects or housing schemes.
(c) Comprehensive EIA with cumulative studies for projects, (except for building construction projects or housing schemes with built-up area less than the threshold limit stipulated for attracting the provisions of the EIA Notification) if located in low and medium eroding stretches, as per the ICRZP to this notification.
(d) Risk Assessment Report and Disaster Management Plan except for building construction projects or housing schemes with built-up area less than the threshold limit stipulated for attracting the provisions of the EIA Notification.
(e) ICRZ map in 1:4000 scale, drawn up by any of the agencies identified by the Ministry of Environment, Forest and Climate Change vide its Office order number J-17011/8/92-IA-III dated 14 th March 2014using the demarcation of the HTL or LTL, as carried out by NCSCM.
(f) Project layout superimposed on the above map duly indicating the project boundaries and the ICRZ category of the project location as per the approved ICZMP of this Notification.
(g) The ICRZ map normally covering 7km radius around the project site also indicating the ICRZ-I, II, III and IV areas including other notified ecologically sensitive areas.
(h) “Consent to establish” or NOC from the concerned State Pollution Control Boards or Union Territory Pollution Control Committees for the projects involving treated discharge of industrial effluents and sewage. In case prior consent of Pollution Control Board or Pollution Control Committee is not obtained, the same shall be ensured by the proponent before the start of the construction activity of the project, following the clearance under this Notification.
(ii) The Andaman and Nicobar CZMA shall examine the documents as in (i) above, in accordance with the approved ICRZ Plan or IIMP, as the case may be, and in compliance with ICRZ notification and make recommendations within a period of sixty days from date of receipt of complete application as under:-
(a) For the projects or activities also attracting the EIA Notification, 2006, the CZMA shall forward its recommendations to the Ministry of Environment, Forest and Climate Change or SEIAA for category ‘A’ and category ‘B’ projects respectively, to enable according a composite clearance under the EIA Notification:
Provided that, even for such Category ‘B’ projects located in ICRZ-I or ICRZ-IV areas, final recommendation for ICRZ clearance shall be made only by Ministry of Environment, Forest and Climate Change to the concerned SEIAA to enable it accord a composite EC and ICRZ clearance to the proposal.
(b) ICZMAs shall forward their recommendations to the Ministry of Environment, Forest and Climate Change for the projects/activities not covered in the EIA notification, 2006, but attracting ICRZ Notification and located in ICRZ-I or ICRZ-IV areas.
(c) Projects or activities not covered in the EIA notification, 2006, but attracting ICRZ Notification and located in ICRZ-II or ICRZ-III areas shall be considered for clearance by the concerned ICZMA within sixty days of the receipt of the complete proposal from the proponent.
(d) In case of construction projects attracting CRZ Notification but with built-up area less than the threshold limit stipulated for attracting the provisions of the EIA Notification 2006, CZMAs shall forward their recommendations to the Union territory planning authorities, to facilitate granting approval by such authorities.
(iii) The Ministry of Environment, Forest and Climate Change, shall consider complete project proposals for clearance under the ICRZ Notification, based on the recommendations of the ICZMA, within a period of sixty days.
(iv) In case the ICZMAs are not in operation due to their reconstitution or any other reasons, then it shall be responsibility of the Department of Environment in the Union territory Administrations, who are the custodian of the ICRZ Plans or IIMPs, to provide comments and recommend the proposals in terms of the provisions of the said notification.
(v) (a) The clearance accorded to the projects under this notification shall be valid for a period of seven years, provided that the construction activities are completed and the operations commence within seven years from the date of issue of such clearance.
(b) The validity may be further extended for a maximum period of three years, provided an application is made to the concerned authority by the applicant within the validity period, along with recommendation ¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 47 � for extension of validity of the clearance by the concerned Union Territory Coastal Zone Management Authority.
(vi) Post clearance monitoring:-
(a) It shall be mandatory for the project proponent to submit half-yearly compliance reports in respect of the stipulated terms and conditions of the environmental clearance in hard and soft copies to the regulatory authority(s) concerned, on 1 st June and 31 st December of each calendar year and all such compliance reports submitted by the project proponent shall be published in public domain and its copies shall be given to any person on application to the concerned CZMA.
(b) The compliance report shall also be displayed on the website of the concerned regulatory authority.
(vii) To maintain transparency in the working of the CZMAs, it shall be the responsibility of the CZMA to create a dedicated website and post the agenda, minutes, decisions taken, clearance letters, violations, action taken on the violations and court matters including the Orders of the Hon’ble Court as also the approved ICRZ Plans or IIMPs of the respective Islands of the Union territory.
9. Enforcement of the ICRZ Notification:
(i) For the purpose of implementation and enforcement of the provisions this notification and compliance with conditions stipulated there under, the powers either original or delegated are available under the Environment (Protection) Act, 1986 with the Ministry of Environment, Forest and Climate Change, and the Union territory Administration, NCZMA and SCZMAs;
(ii) The composition, tenure and mandate of NCZMA and State Government or the Union territory CZMAs have already been notified by the Ministry of Environment, Forest and Climate Change in terms of Orders of Hon’ble Supreme Court in Writ Petition 664 of 1993;
(iii) The Union territory CZMAs shall primarily be responsible for enforcing and monitoring of this notification and to assist in this task, the Union Territory shall constitute district level Committees under the Chairmanship of the District Magistrate concerned comprising at least three representatives of local traditional coastal communities including from fisherfolk;
(iv) The Union territory administration may consider further delegation of the enforcement of this notification to the level of respective District Magistrates;
(v) The dwelling units of the traditional coastal communities including fisher folk as were permissible under the provisions of the IPZ notification, 2011, but which have not obtained formal approval from concerned authorities under the aforesaid notification shall be considered by the respective Union territory CZMAs and the dwelling units shall be regularized subject to the following condition, namely:-
(a) these are not used for any commercial activity.
(b) these are not sold or transferred to non-traditional coastal community.
[F.No.12-14/2018-IA-III] RITESH KUMAR SINGH, Jt. Secy .
Annexure-I CONSERVATION, PROTECTION AND MANAGEMENT FRAMEWORK FOR ESAs The coastal and marine Ecologically Sensitive Areas (ESAs) and the geo-morphological features play a vital role in maintaining the functions of the coast. Mangroves, beaches, coral reefs etc., aid in controlling coastal erosion, shoreline change, saltwater intrusion and also serve as natural defence against coastal hazards such as storm surges, cyclones and tsunamis. The ESAs maintain the biological integrity of the coast by providing direct and indirect ecosystem services to the coastal livelihood. In addition, several invaluable archaeological and heritage sites are also located along the coast.
Hence conservation and protection of the above areas/ features/ sites become necessary.
1. General measures
(i) All ESAs shall be identified and boundary delineated by NCSCM using satellite data.
(ii) The State/UT Governments through the authorized agencies shall prepare CZMP as per the guidelines contained in the Notification highlighting the conservation and protection of the ESAs.
(iii) Those activities permissible under this notification shall be included in the CZMPs.
48 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] � Specific conditions shall be adopted for the conservation, protection and management of each of the ESAs as under:- A. Mangroves:
(i) Mangroves declared as forest under Forest Conservation Act, 1980:
Notwithstanding anything contained in this notification, such mangroves declared by the concerned UT Administrations or the Central Government as forest land under the Forest (Conservation) Act, 1980 shall attract the provisions of the Forest (Conservation) Act, 1980 only.
(ii) Mangroves not declared under Forest (Conservation) Act, 1980.
(a) Mangroves in Government land shall be protected based on a detailed plan to be prepared by the concerned State/UT Governments. In case the mangrove area is more than 1000 sq m, a buffer of 20 m along the periphery of mangrove area shall be provided. This buffer zone of 20 m may be utilized for public facilities for developing parks, research facilities related to mangrove biodiversity, facilities for conservation and the like.
(b) Mangroves in private land will not require a buffer zone.
B. Corals and coral reefs and associated biodiversity:
(i) Destruction of coral and coral reefs and the surroundings is a prohibited activity.
(ii) All coral and coral reefs shall be protected except for those small quantities required for research purposes.
(iii) Coral and coral reefs transplantation activities shall be through recognized research institutions wherever required for regeneration after obtaining necessary approvals under Wildlife (Protection) Act 1972.
(iv) The dead and/or destroyed coral areas shall be taken up for rejuvenation and rehabilitation. The conservation and protection of corals and coral reefs shall be taken up as follows:
(a) Active and live coral and coral reefs identified and delineated shall be declared and notified as ESA under Environment (Protection) Act 1986.
(b) It shall be ensured that no activities that are detrimental to the health of corals, coral reefs and its associated biodiversity such as mining, effluent and sewage discharge, dredging, ballast water discharge, ship washings, fishing other than traditional non-destructive fisheries, construction activities and the like are taken up in and around the coral areas.
C. The National Parks, marine parks, Sanctuaries, reserve forests, wildlife habitats and other protected areas declared under the provisions of Wild Life (Protection) Act, 1972 (53 of 1972), the Forest (Conservation) Act 1980 (69 of 1980) or Environment (Protection) Act 1986 (29 of 1986); including Biosphere Reserves would be conserved and protected as follows:
(i) Conservation and protection of the above listed areas shall be as per the provisions of the respective Acts/notifications/guidelines.
(iii) Efforts shall be made to increase the forest area in the coastal region in order to prevent loss of life and property from increased storms, tides and floods.
(iv) The concerned Union territory administration shall provide for adequate funds for such measures to undertake shelter belt plantation or bio-shields with planting material suitable to the location.
D. Salt marshes:
The conservation and protection of salt marshes shall be as follows:
(i) The salt marsh areas shall be conserved and protected and efforts shall be made to promote the endemic biodiversity in the salt marshes.
(ii) Only those activities required for overhead conveying or transmission of cables and underground laying of transmission line cables and so on, shall be permissible.
(iii) Traditional fishing is permissible in salt marshes.
(iv) Temporary tourism facilities around the salt marsh areas could be considered subject to adhering to strict norms laid down in the guidelines.
(v) Certain salt marshes which have less biodiversity, identified by NCSCM, Chennai and demarcated in ICRZ Plan can be considered for salt pan activities.
¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 49 � E. Turtle nesting grounds shall be protected and conserved as follows:
(i) Turtle nesting grounds identified by the concerned UT shall be protected as per Wildlife (Protection) Act ,
1972.
(ii) No activities shall be permitted in and around the turtle nesting ground including those causing light and sound pollution except for those required for conservation and protection of these sites.
(iii) Strict management plans for protecting the turtle nesting grounds shall be undertaken and implemented by the concerned State/UT Authorities.
F. Horse shoe crab’s habitat shall be protected and conserved as follows:
(i) The habitat identified shall be taken up for conservation and protection.
(ii) No activities shall be taken up in and around these habitats which affect the horse shoe crab ecosystem.
G. Sea grass beds shall be protected and conserved as follows:
(i) Identified sea grass beds shall be conserved and protected.
(ii) No developmental activities that have adverse effect on the sea grass bed shall be undertaken.
(iii) Efforts shall be made to propagate sea grass beds along the coastal waters where ever possible by States/UTs as it acts as a carbon sink.
H. Nesting grounds of birds shall be protected and conserved as follows:
(i) The nesting ground of birds including their local migratory route shall be protected. No developmental activities which have adverse impact on the nesting grounds and the migratory routes shall be undertaken including construction of wind mills, transmission lines and the like in the locality.
(ii) Efforts shall be made to increase the forest cover and mangrove cover including enriching the biodiversity of salt marsh and other coastal water bodies so as to provide for suitable habitat for the avifauna.
I. Geo-morphologically Important Zones shall be protected and managed as follows:
(i) Sand dunes identified shall be conserved and protected as follows:
(a) Sand dunes identified shall be notified under Environment (Protection) Act, 1986;
(b) No developmental activities be permissible except for providing eco-friendly temporary tourism facilities on stilts such as walkways, tents and the like;
(c) Mining of sand from sand dunes is a prohibited activity except for the removal of rare earth minerals with proper replenishment using the tailings or other suitable sand;
(d) No activities on the sand dunes shall be taken up that would lead to erosion/destruction of sand dunes;
(e) Afforestation, if any, on the sand dunes shall be done only with native flora;
(f) The States/UTs shall prepare management plans for the demarcated sand dunes.
(ii) Sandy beaches:
(a) Mining of beach sand is prohibited except for manual mining of atomic minerals with proper replenishment using the tailings or other suitable sand.
(b) When the permissible developmental activities are taken up on the beaches if loss of beach in the neighbourhood is predicted, necessary beach nourishment to compensate for the losses shall be undertaken by the project authorities and its long term maintenance shall be ensured by them.
(c) The States/UTs shall prepare management plans for the demarcated beaches.
(iii) Biologically active Mudflats:
(a) Biologically active mudflats will be identified by NCSCM, Chennai in association with the UT administration.
(b) The UT administartion shall prepare management plans for such demarcated biologically active mudflats.
50 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] � J. Areas or structures of archaeological importance and heritage value sites:
(i) Union territory archaeological agencies shall be responsible for conservation and protection of all archaeological structures and heritage sites identified by Archaeological Survey of India, as per the provisions of the respective Acts/notifications/guidelines.
(ii) No activities that are detrimental to the identified areas or structures of archaeological and heritage value shall be permitted.
(iii) It shall be ensured that these structures or areas are preserved and activities undertaken without changing the façade/plinth of such structures. Such structures could be considered for use in accordance with the relevant norms after undertaking careful designing of the interiors without changing the exterior architectural design of the structure.
Annexure-II List of petroleum and chemical products permitted for storage in ICRZ, except in ICRZ-IA
(i) Crude oil;
(ii) Liquefied Petroleum Gas;
(iii) Motor spirit;
(iv) Kerosene;
(v) Aviation fuel;
(vi) High speed diesel;
(vii) Lubricating oil;
(viii) Butane;
(ix) Propane;
(x) Compressed Natural Gas;
(xi) Naphtha;
(xii) Furnace oil;
(xiii) Low Sulphur Heavy Stock;
(xiv) Liquefied Natural Gas;
(xv) Fertilizers and raw materials for manufacture of fertilizers;
(xvi) Acetic acid;
(xvii) Mono ethylene glycol;
(xviii) Paraxylene;
(xix) Ethane;
(xx) Butadine;
(xxi) Methanol;
(xxii) Caustic;
(xxiii) Bitumen.
Annexure-III Guidelines for development of Beach Resorts or Hotels or Tourism Development Projects on the designated ICRZ areas
1. ICRZ-II Construction of beach resorts or hotels in designated areas of ICRZ-II for occupation of tourist or visitors shall be subject to the following conditions, namely:-
(i) Construction shall be permitted only to the landward side of an existing road or existing authorized fixed structures.
¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 51 �
(ii) Live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subject to the condition that such fencing shall in no way hamper public access to the beach;
(iii) No flattening of sand dunes shall be carried out;
(iv) No permanent structures for sports facilities shall be permitted except the construction of goal posts, net posts and lamp posts;
(v) Construction of basement may be allowed subject to the condition that no objection certification is obtained from the concerned Ground Water Authority to the effect that such construction will not adversely affect fee flow of groundwater in that area;
(vi) The concerned Ground Water Authority shall take into consideration the guidelines issued by Central Government before granting such no objection certificate;
(vii The quality of treated effluents, solid wastes, emissions and noise levels and the like, from the project area must conform to the standards laid down by the competent authorities including the Central or State Pollution Control Board and under the Environment (Protection) Act, 1986;
(viii) Necessary arrangements for the treatment of the effluents and solid wastes must be made and it must be ensured that the untreated effluents and solid wastes are not discharged into the water or on the beach; and no effluent or solid waste shall be discharged on the beach;
(ix) If the project involves diversion of forestland for non-forest purposes, clearance as required under the Forest (Conservation) Act, 1980 shall be obtained and the requirements of other Central and State laws as applicable to the project shall be met with; and approval of the State or Union territory Tourism Department shall be obtained.
2. ICRZ-III Construction of beach resorts or hotels in designated areas of ICRZ- III for occupation of tourists or visitors shall be subject to the following conditions, namely:-
(i) Live fencing and barbed wire fencing with vegetative cover may be allowed around private properties subject to the condition that such fencing shall in no way hamper public access to the beach;
(ii) No flattening of sand dunes shall be carried out;
(iii) No permanent structures for sports facilities shall be permitted except construction of goal posts, net posts and lamp posts;
(iv) Construction of basement may be allowed subject to the condition that no objection certification is obtained from the Ground Water Authority to the effect that such construction will not adversely affect fee flow of groundwater in that area;
(v) The Ground Water Authority shall take into consideration the guidelines issued by Central Government before granting such no objection certificate;
(vi) Though no construction is allowed in the no development zone for the purposes of calculation of Floor Space Index, the area of entire plot including the portion which falls within the no development zone shall be taken into account;
(vii) The total covered area on all floors shall not exceed 33 percent of the plot size i.e., the Floor Space Index shall not exceed 0.33 and the open area shall be suitably landscaped with appropriate vegetal cover;
(viii) The construction shall be consistent with the surrounding landscape and local architectural style;
(ix) The overall height of construction up to the highest ridge of the roof, shall not exceed 9metres and the construction shall not be more than two floors (ground floor plus one upper floor);
(x) Groundwater shall not be tapped within 200 meter of the High Tide Line; within the 200 meter 500 meter zone it can be tapped only with the concurrence of the Central or Union territory Ground Water Board;
(xi) Extraction of sand, leveling or digging of sandy stretches, except for structural foundation of building or swimming pool, shall not be permitted within 500 metres of the High Tide Line;
(xii) The quality of treated effluents, solid wastes, emissions and noise levels and the like, from the project area must conform to the standards laid down by the competent authorities including the Central Pollution Control Board or UT Pollution Control Committee and under the Environment (Protection) Act, 1986;
(xiii) Necessary arrangements for the treatment of the effluents and solid wastes must be made and it must be ensured that the untreated effluents and solid wastes are not discharged into the water or on the beach; and no effluent or solid waste shall be discharged on the beach;
52 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] �
(xiv) To allow public access to the beach, at least a gap of 20metres width shall be provided between any two hotels or beach resorts; and in no case shall gaps be less than 500metres apart; and
(xv) If the project involves diversion of forestland for non-forest purposes, clearance as required under the Forest (Conservation) Act, 1980 shall be obtained and the requirements of other Central and Union territory laws as applicable to the project shall be met with; and approval of the State or Union territory Tourism Department shall be obtained.
Note: Construction of beach resorts or hotels shall not be permitted in ecologically sensitive areas (such as marine parks, mangroves, coral reefs, breeding and spawning grounds of fish, wildlife habitats and such other area as may be notified by the Central or Union territory administration.
Annexure -IVA GUIDELINES FOR PREPARATION OF ISLAND COASTAL REGULATION ZONE (ICRZ) PLANS
1. Demarcation of High Tide Line and Low Tide Line Demarcation of High Tide Line (HTL) and Low Tide Line (LTL) as carried out by NCSCM shall be applicable for all purposes under this Notification.
2. Hazard Line:
A ‘Hazard line’ being demarcated by the Survey of India (SOI) taking into account the extent of the flooding on the land area due to water level fluctuations, sea level rise and shoreline changes(erosion/accretion) occurring over a period of time. The hazard line shall be used as a tool for disaster management plan for the coastal environment, including planning of adaptive and mitigation measures. With a view to reduce the vulnerability of the coastal communities and ensuring sustainable livelihood, while drawing the CZMPs, the land use planning for the area between the Hazard line and HTL shall take into account such impacts of climate change and shoreline changes.
3. Preparation of ICRZ Maps
(i) Base Maps of 1:25,000 scale shall be acquired from the Survey of India (SOI) and wherever 1:25,000 maps are not available, 1:50,000 maps shall be enlarged to 1:25,000 for the purpose of base map preparation and these maps will be of the standard specification given below:
Unit : 7.5 minutes X 7.5minutes Numbering : Survey of India Sheet Numbering System Horizontal Datum : Everest or WGS 84 Vertical Datum : Mean Sea Level (MSL) Topography : Topography in the SOI maps will be updated using latest satellite imageries or aerial photographs
(ii) ICRZ Maps of scale 1:25,000 shall be got prepared by any of the agencies identified by the MoEF&CC vide its Office order number J-17011/8/92-IA-III dated 14th March 2014 using the demarcation of the High Tide Line or LTL, as carried out by NCSCM.
(iii) Various regulatory lines viz. at a distance of 20 m, 50 m, 200 m and 500 m from HTL respectively, as applicable in various ICRZ categories, shall be demarcated and transferred to the ICRZ Maps
(iv) HTL, LTL and ICRZ boundaries, as applicable, shall also be demarcated in the ICRZ maps along the banks of tidal influenced inland water bodies.
(v) Classification of different coastal zones shall be done as per the ICRZ notification and Standard national or international colour codes shall be used.
3. Local level ICRZ Maps
(i) Local level ICRZ Maps are for the use of local bodies and other agencies to facilitate implementation of the ICRZ Plans
(ii) Cadastral (village) maps in 1:3960 or the nearest scale, as available with revenue authorities shall be used as the base maps.
(iii) HTL, LTL, other ICRZ regulatory lines shall be demarcated in the cadastral maps and classifications shall be transferred into local level CZM maps.
¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 53 �
4. Classification of ICRZ areas
(i) The ICRZ Maps shall clearly demarcate the land use plan of the area and map out the Ecologically Sensitive Areas (ESAs) or the ICRZ-IA areas as per mapping made available by NCSCM to coastal State and Union territory administrations. All such ESAs shall be appropriately demarcated with colour codes.
(ii) Buffer zone along mangrove areas of more than 1000sq mts. shall be stipulated with a different colour distinguishing from the mangrove area. The buffer zone shall also be classified as ICRZ-I area.
(iii) In the ICRZ areas, the fishing villages, common properties of the fishermen communities, fishing jetties, ice plants, fish drying platforms or areas infrastructure facilities of fishing and local communities such as dispensaries, roads, schools, and the like, shall be indicated on the cadastral scale maps. States shall prepare detailed plans for long term housing needs of coastal fisher communities in view of expansion and other needs, provisions of basic services including sanitation, safety, and disaster preparedness.
(iv) The water areas of ICRZ-IV shall be demarcated and clearly demarcated if the water body is sea, lagoon, backwater, creek, bay, and estuary and for such classification of the water bodies the terminology used by Naval Hydrographic Office shall be relied upon.
(v) The fishing Zones in the water bodies and the fish breeding areas shall be clearly marked.
(vi) The existing authorized developments on the seaward side shall be clearly demarcated.
(vii) The features like cyclone shelters, rain shelters, helipads and other infrastructure including road network may be clearly indicated on the ICRZ Plans for the purpose of rescue and relief operations during cyclones, storms, tsunami and the like.
(viii) Construction of buildings or other activities shall be permitted under the ICRZPs provided adequate arrangements are made for proper management and disposal of solid and liquid wastes in accordance with the environmental standards, rules and statutes etc. Under no circumstances, untreated effluents shall be disposed of in the coastal waters.
5. Public consultations on the ICRZ Plans
(i) The draft ICRZPs prepared shall be given wide publicity and suggestions and objections received in accordance with the Environment (Protection) Act, 1986. Public hearing shall be held at district level by the concerned CZMAs.
(ii) Based on the suggestions and objections received the ICRZPs shall be revised and approval of the Ministry of Environment, Forest and Climate Change shall be obtained.
(iii) The approved ICRZP shall be put up on the website of the Ministry of Environment, Forest and Climate Change, concerned website of the State, Union territory CZMA and hard copy made available in the Panchayat Office, District Collector Office and the like.
6. Revision of ICRZ Plans
(i) Whenever there is a doubt the concerned State or Union territory Coastal Zone Management Authority shall refer the matter to the National Centre for Sustainable Coastal Management who shall verify the ICRZP based on latest satellite imagery and ground truthing.
(ii) If required the rectified map would be submitted to the Ministry of Environment, Forest and Climate Change for consideration.
Annexure -IVB Guidelines for preparation of Integrated Island Management Plan (IIMP)
1. The Integrated Island Management Plan shall be prepared based on scientific methodology and appropriate coastal protection structures constructed/proposed to be constructed shall be indicated in addition to activities planned in the area and got approved by the concerned authority in the UT administration. Thereafter it shall be forwarded to the NCZMA for final approval.
2. The entire island including the aquatic area shall be considered for framing of the Integrated Island Management Plan (IIMP).
3. Integrated Island Management Plans shall be prepared indicating therein all present and future developments, conservation and preservation schemes with frame of ten years.
4. The Integrated Island Management Plan shall address vulnerability to human life and property based on elevation, geomorphology, sea level trends and horizontal line displacement and indicate suitable areas that are safe for 54 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] � locating dwelling units, infrastructure, and the like, and appropriate safeguards measures to protect the life and property of the local communities, infrastructure from natural hazards shall be indicated in the Integrated Islands Management Plan.
5. All the existing roads including the internal roads shall be strengthened, as these roads shall serve for the purpose of livelihood, communication, rescue, relief and evacuation measures during natural hazards.
6. Adequate cyclone shelters shall be earmarked and constructed on elevated areas or on stilts adjacent to populated areas.
7. The existing and as well new schools, market areas and other public facilities (excluding public toilets) where large number of public congregate, shall normally be located on safe areas preferably in elevated areas or protected areas shall be suggested.
8. Along the seaward side sufficient bio-shield with local vegetation, trees including mangroves shall be planted and other soft protection measures.
9. Sand dunes, being natural barrier in the event of flooding, shall be conserved and maintained or regenerated by planting shrubs or through appropriate measures.
10. There shall be no restriction with regard to traditional fishing by local communities including installation of fish aggregating device as recommended by the Islands Administrations.
11. The mining of construction material, especially sand from deep sea bed (beyond fifteen meters depth), after undertaking proper scientific studies may be permitted in the Plan;
(i) The alternative construction material, such as, bamboo, local forest products may be identified and used;
(ii) the other materials, like, metal, hollow brick blocks, and the like, shall be imported from the mainland.
12. Emphasis shall be given for use of non-conventional energy resources especially, wind, solar and tidal energy, desalination, water recycling, and use of local products.
13. Early warning system shall be provided for cyclone, tsunami, and the like, and an evacuation and relief measure plan in case of disasters shall be built preferably into the Integrated Islands Management Plan.
14. Necessary provision shall be made in the Integrated Islands Management Plan for relocation and rehabilitation of people displaced due to natural disasters.
15. Integrated Islands Management Plan shall also include the areas under habitation and make plan for future development.
16. No developmental activities shall be permitted in the area under reserve forests, protected forests, national parks and sanctuaries notified under the Forests (Conservation) Act, 1980 (69 of 1980) or the Wildlife (Protection) Act, 1972 (53 of 1972) and the areas protected under the Environment (Protection) Act, 1986 (29 of 1986).
17. The dwelling units or infrastructure of local communities as are existing at the time of preparation of Plan shall not be displaced.
18. Repair of existing buildings or infrastructure including reconstruction activities shall be allowed.
19. IIMP shall be prepared in 1:25,000 scale map for macro level planning and 1:10000 scale or cadastral scale for micro level planning.
20. The High Tide Line demarcated by NCSCM, Chennai shall be used for all purpose while preparation of the Plan.
Annexure-V PROJECT INFORMATION DETAILS
1. PROJECT DETAILS A. Project Name B. Survey No./ Village/ Co-ordinates C. District D. State E. Whether the proposal is for (Select relevant field)
(i) Fresh Clearance under ICRZ ¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 55 �
(ii) Amendment to an already issued ICRZ clearance
(iii) Extension of validity of an already issued ICRZ clearance F. Name of the Applicant G. Address of the Applicant H. Contact details (Telephone nos. and e-mail address) I. Cost of the project (Rs in crores)
2. BENEFITS OF THE PROJECT A. Details of Project Benefits B. Employment Likely to be Generated (Yes/No) If Yes
(i) Total Manpower Requirement
(ii) Permanent Employment (Numbers)
(iii) Temporary Employment (Numbers)
(iv) Temporary Employment- During Construction (Numbers)
(v) Temporary Employment- During Operation (Numbers)
3. DESCRIPTION OF THE PROJECT UNDER CONSIDERATION (Select the Category of the project):
A. Resort / Buildings / civic amenities
(i) Total area/Built-up area (in sqm.)
(ii) Height of structure
(iii) FSI ratio
(iv) Name of concerned town planning authority/ Panchayat etc.
(v) Details of provision of car parking area B. Coastal Roads / Roads on Stilt
(i) Area of land reclamation
(ii) Estimated quantity of muck/earth for reclamation
(iii) Traffic carrying capacity
(iv) Dimensions of road C. Pipelines from thermal power blow down
(i) Length of pipeline
(ii) Length traversing ICRZ area
(iii) Depth of excavation
(iv) Width of excavation
(v) Length of pipeline from seashore to deep sea
(vi) Depth of outfall point from surface of sea water
(vii)Temperature of effluent above ambient at disposal point D. Marine Disposal of Treated Effluent through pipelines
(i) Location of intake/ outfall
(ii) Depth of outfall point
(iii) Length of pipeline
(iv) Length traversing ICRZ area
(v) Depth of excavation 56 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] �
(vi) Width of excavation
(vii) Length of pipeline from shore to deep sea/creek
(viii) Depth of outfall point from surface of water
(ix) Depth of water at disposal point
(x) BOD, COD, TSS, oil & grease, heavy metals in the effluent E. Facility for storage of goods/chemicals
(i) Name of chemical
(ii) End use of the chemical
(iii) No. of tanks for storage
(iv) Capacity of tanks F. Offshore structures
(i) Exploration or development
(ii) Depth of sea bed
(iii) No. of rigs
(iv) No. of platform
(v) Details of group gathering stations G. Desalination Plant
(i) Capacity of desalination
(ii) Total brine generation
(iii) Temperature of effluent above ambient at disposal point
(iv) Ambient salinity
(v) Disposal point H. Mining of rare earth/atomic minerals
(i) Capacity of mining
(ii) Type of mineral to be extracted
(iii) End use of the mineral
(iv) Government order for mining lease/exploration and approved mining plan details
(v) Extent of mining lease area.
I. Sewage Treatment Plants
(i) Capacity
(ii) Total area of construction
(iii) Compliance of effluent parameters as laid down by cpcb/spcb/other authorised agency
(iv) Whether discharge is in sea water/creek?
If yes • Distance of marine outfall point from shore/from the tidal river bank • Depth of outfall point from sea water/river water surface • Depth of seabed/riverbed at outfall point ¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 57 � J. Lighthouse
(i) Total ground area of foundation/platform
(ii) Height of the structure K. Wind Mills
(i) Capacity (MW)
(ii) Height of the windmill
(iii) Diameter of the windmill
(iv) Length of blade
(v) Speed of rotation
(vi) Transmission lines (overhead or underground) L. Others
(i) Please specify with salient features
(ii) Upload relevant Documents (upload PDF only)
4. PROJECT LOCATION AS PER ICRZ CLASSIFICATION (If project site falls in different/multiple CRZ categories the same may also be elaborated)
5. CLAUSE OF IPZ NOTIFICATION UNDER WHICH PROJECT IS A PERMISSIBLE /REGULATED ACTIVITY
6. MANDATORY FIELDS FOR PROJECT ASSESSMENT A. ICRZ map in 1:4000 scale indicating HTL, LTL demarcation and distance of the nearest project boundary (in meters) from HTL to be stated
(i) Upload Map (kml file) B. Project layout superimposed on ICRZ Map 1:4000 scale with classification of project location including other notified ESAs prepared
(i) Upload Map (kml file) C. ICRZ map 1:25000 scale covering 7 km radius around Project site
(i) Upload Map (kml file)
7. PROJECT LOCATED IN (Select Type)
(i) Non eroding Coast
(ii) Low and Medium eroding coast
(iii) High eroding Coast
8. DETAILS OF FOREST/ MANGROVES LAND INVOLVED (YES/NO) IF YES
(i) Detail of area diverted
(ii) Forest clearance to be submitted (Upload document)
(iii) No. of trees to be cut under the project
(iv) Compensatory afforestation plan to be submitted (Upload document)
9. DISTANCE OF PROPOSED PROJECT FROM ESA/MARINE PARK/ WILD LIFE SANCTUARY
(i) Within 10 km radius from the project site (Yes/No) If YES • Permission from NBWL to be submitted (Upload document) 58 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] �
10. NOC OR CONSENT TO ESTABLISH FROM STATE/UT POLLUTION CONTROL BOARDS OBTAINED (YES/NO) If YES
(i) Copy of NOC to be provided (Upload document)
(ii) Conditions imposed to be stated (Upload document)
11. EIA studies (relevant fields to be filled) A. Terrestrial studies:
(i) Summary Details of EIA (Terrestrial ) Studies
(ii) Upload Recommendation made in EIAs (Upload document)
(iii) State period of Study B. Marine Studies
(i) Summary Details of EIA (Marine) Studies
(ii) Upload Recommendation made in EIAs (Upload document)
(iii) State period of Study
12. DISASTER MANAGEMENT PLAN / NATIONAL OIL SPILL DISASTER CONTINGENCY PLAN (if applicable)
13. PROJECT INVOLVING DISCHARGE OF LIQUID EFFLUENTS:
(i) Capacity of STP
(ii) Quantity of effluent generated
(iii) Quantity of effluent treated
(iv) Method of treatment & disposal
14. PROJECT INVOLVING DISCHARGE OF SOLID WASTE:
(i) Type of solid waste
(ii) Quantity of solid waste generated
(iii) Method of disposal
(iv) Mode of transport
15. WATER REQUIREMENT (KLD)
(i) Quantity of water required
(ii) Source of water
(iii) If Ground water (Upload a copy of approval from CGWA or authorised body)
(iv) If other Source (Upload a copy of permission from competent authority)
(v) Mode of transport
(vi) Commitment of water supply (Upload document)
16. DETAILS OF WATER TREATMENT AND RECYCLING (If any) (Multiple Entries Allowed) Type/ Source Quantity of Waste Water Generated (Kilos Litre per Day) Treatment Capacity (Kilos Litre per Day) Treatment Method Mode of Disposal Quantity of Discharged Water (Kilos Litre per Day) Quantity of Treatment Water used in Recycling/Reuse (Kilo Litre per Day)
17. DETAILS OF RAINWATER HARVESTING
(i) No. of Storage tanks
(ii) Total capacity of tanks ¹Hkkx ��µ[k.M 3����º Hkkjr dk jkti=k % vlk/kj.k 59 �
(iii) No. of Recharge Pits
(iv) Capacity of pits
18. ENERGY REQUIREMENT AND SOURCES
(i) Total Power Requirements (kW.h)
(ii) Source
(iii) Upload Copy of Agreement (upload pdf only)
(iv) Stand By Arrangement (Details)
19. ENERGY EFFICIENCY/SAVING MEASURES
(i) Source/Mode
(ii) Details of savings
20. RECOMMENDATION OF STATE /UT COASTAL ZONE MANAGEMENT AUTHORITY
(i) Upload Copy of CZMA recommendations (Upload pdf only)
(ii) Compliance status of the Conditions Imposed
21. WHETHER PROPOSAL ATTRACTS EIA NOTIFICATION, 2006. (Yes/No) If YES,
(i) the category thereof
(ii) Status of proposal for EC (as applicable)
22. SOCIAL AND ENVIRONMENTAL ISSUES AND MITIGATIONS MEASURES SUGGESTED INCLUDING BUT NOT LIMITED TO R&R, WATER, AIR, HAZARDOUS WASTES, ECOLOGICAL ASPECTS, ETC. (Brief Details to be Provided)
23. DETAILS OF COURT CASES Whether there is any Court Cases pending against the project and/or land in which the project is proposed to be set up? (Yes/No) If Yes, Pending or Disposed (Select relevant)
(i) Name of the Court (Supreme Court, High Court, NGT)
(ii) Case No.
(iii) Case Details
(iv) Orders/Directions of the court, if any and its relevance with the proposed project (Upload document)
24. ADDITIONAL INFORMATION, If any UNDERTAKING: It is certified that the information given above are true to the best of my knowledge and belief and nothing contravening the provisions of CRZ Notification, 2011 has been concealed therefore.
Name and Signature of the applicant:
Date:
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054. ALOK KUMAR Digitally signed by ALOK KUMAR Date: 2019.03.09 11:32:25 +05'30'