Lok Sabha Question No. 4048 (UNSTARRED), answered on 2018-08-10
Subject: Coastal Regulation Zone
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: RADHESHYAM BISWAS, RAVINDRA BABU  PANDULA, KIRIT SOMAIYA

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION No. 4048

TO BE ANSWERED ON 10.08.2018

## Coastal Regulation Zone

4048:   SHRI RADHE SHYAM BISWAS: DR. RAVINDRA BABU: DR. KIRIT SOMAIYA:

Will  the  Minister  of  ENVIRONMENT,  FOREST  AND  CLIMATE  CHANGE  be  pleased  to state:

- (a) whether his Ministry has powers to make provisions to the contents of Coastal Regulation Zone (CRZ) notification thus making it legal to infrastructure project component owners and illegal to traditional fisher community and if so, the details thereof;
- (b) the  details  of  objections,  suggestions,  submissions  and  manifestations  received  from various stakeholders including coastal community  organizations  while  carrying  out amendments  to  CRZ  2011  and  proposed  draft  CRZ  2018  along  with  the  reasons  for acceptance and rejection of each manifestations, suggestions and objections;
- (c) the definition of Public Interest used for the latest amendment to CRZ 2011 and authority of defining agency along with the study report that recommends removal or reduction of Hazard line as a measure to environment protection under CRZ notification;
- (d) whether  Dr.  Shailesh  Nayak  Committee  has  consulted  NGT  orders  and  reports  in  this regard and if so, the details thereof;
- (e) whether the draft CRZ 2018 undoes the authority of NGT and if so, the reaction of the Government thereto; and
- (f) whether the Government has delegated or transcended the powers to his Ministry to effect draft CRZ 2018, if so, the details and reasons therefor along with the details of the items of Union  list/ Concurrent  list/State  list  covered  directly  or  indirectly  under  the  CRZ notifications 1991, 2011 and 2018?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (DR. MAHESH SHARMA)

- (a) 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 read with clause (d) of sub-rule (3)  of  rule  5  of  the  Environment  (Protection)  Rules,  1986,  with  a  view  to  ensure livelihood security to the fisher communities and other local communities, living in the coastal areas and to conserve and protect the unique environment of the marine areas

of  the  country  and  promote  development  in  a  sustainable  manner,  the  Central Government  issued  the  Coastal  Regulation  Zone  Notification  in  1991.    This  was followed up with suitable amendments from time to time and a revision in 2011.

- (b) The Ministry has received representations from coastal States and Union Territories, besides  other  stakeholders  for  a  comprehensive  review  of  the  provisions  in  CRZ Notification, 2011 related to management and conservation of marine and coastal ecosystems, development regulations in coastal areas, eco-tourism, livelihood options and sustainable  development  of  coastal  communities  etc.    To  this  effect,  the  Ministry constituted a Committee for a comprehensive review to address the concerns of coastal States/UTs and other stakeholders.  The Committee submitted its report and based on it, a draft CRZ Notification, 2018 was framed and put up on public domain for seeking comments/suggestions thereto.  Comments/suggestions in respect of draft Notification have been examined in the Ministry.
- (c) While 'Public Interest' is not defined in the CRZ Notification,2011, it is commonly understood  in  the  context  of  CRZ  Notification,  2011  as  sustainable  development  in coastal areas and provisions, which are commonly applicable for the benefit of coastal communities at large.  The hazard line is a projection of impact of rise in sea level and shoreline  changes  that  may  happen  over  long  period  of  time  viz.  over  100  years.  It indicates the vulnerability  over long period of time and the need for better planning and management of coastal areas. The hazard line has not been completely removed from the CRZ Notification.  It has been only stated that the hazard line shall not be used for CRZ regulatory purposes, but as a tool for Disaster Management Plan for the coastal  environment,  including  planning  of  adaptive  and  mitigation  measures.    The hazard line has been already mapped and is required to feature in the Coastal Zone Management Plans for respective States/UTs, as per the CRZ Notification, 2011.
- (d) to (f) The draft CRZ Notification, 2018 has been drawn up in consonance with the statutory provisions of Environment (Protection) Act and its subordinate legislation in the form of  Environment (Protection) Rules. It does not contravene orders or the authority of the NGT.   'Environment' does not specifically feature in the State List or Concurrent List  and  is,  therefore,  a  subject  matter  of  the  Central  Government  and  the  Coastal Regulation  Zone  Notification  related  to  the  environment  management  of  the  coastal areas has been accordingly drafted by the Ministry of Environment, Forest & Climate Change from time to time.