S.O.5495 (E) dated 24/11/2022-amendment in CRZ Notification 2019

Che Gazette of India .38 Ta.-31.-25112022-2405 60 EXTRAORDINARY TR &y PUBLISHED BY AUTHORITY No. 5266] NEW DELHI, THURSDAY, NOVEMBER 24, 2022/AGRAHAYANA 3, 1944 7 faeelt, 24 T, 2022 Tag gt £ gz I, 77 gt adw At S afieEeT, 2011 # 15 & Suerey aerft = TEATH HIMER FIAT T 2, 7848 GI/2022 ) (xiv) TAT IT-UTT (3) F ATA TIET ST-ATT (1) FIT TEeT TIREAT FT TART F7F AT AL (FTE) BRI (M T8 E- T HAT Y& AT AT T TRATSHTAT =T FEFEATAr T GIEHT, ST TLATSHTAT AT ket o forw (M) I OARATTHATE AT FTAFATI AT AT FTHTETT e erfieg=T, 2006 F feroqur - m‘?fi“mwmfiwwatwwm‘fi%awwmqwfi @) W10, - “(iii) FT.4M. 1242() AT 8 AT, 2019 T Afia whEd £ TR TISATY, TAET AT AW A7 FFET F Gre drowgt a7 3w ST AT FET TEE AT T AT S AT wE f weEee BRI =T, et FHI ATored, He At froqur: o AFARTEAT WA F T, AUV, 90 2, @€ 3, I7 @ (i) F wrav 37(%) AT 18 ALY, 2019 FTT ST ¥ T AT i w7 AT 4886(w1) AT 26 T, 2021 AT MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 24th November, 2022 S.0. 5495(E).—Whereas the Central Government by the notification published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), number G.S.R. 37(E), dated the 18" January 2019 (hereinafter referred to as the Coastal Regulation Zone notification, 2019), declared certain coastal stretches as Coastal Regulation Zone and restrictions were imposed on the setting up and expansion of industries, operations and processes in the said zone; And whereas, the Central Government have received representations from different stakeholders viz. the State Governments and Ministry of Petroleum and Natural Gas through Director General of Hydrocarbon for making certain amendments in Coastal Regulation Zone notification, 2019, inter-alia, for delegating the powers of giving Coastal Regulation Zone clearance to the State Coastal Zone Management Authorities or State Governments for small infrastructure projects located in CRZ-I and CRZ-IV areas, exempting exploratory drilling and associated facilities thereto except CRZ-IA areas, including the provision of temporary beach shacks as already available in Coastal Regulation Zone notification, 2011 as amended and expanding the said provision to all coastal states, allowing removal of sand bars by traditional communities under the provisions of the Coastal Regulation Zone notification, 2019 as already available through Office Memorandum dated the 9™ June, 2011 and the 8% November, 2011 and making factual correction in clause 10.2 (iii); And whereas, the National Coastal Zone Management Authority in its 42™ meeting held on the 23™ March, 2021 has recommended making amendments to the Coastal Regulation Zone notification, 2019; And, whereas, a draft notification, required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 and in exercise of the powers conferred by sub-section (1), read with clause (v) and clause (xiv) of sub- section (2) and sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii) vide number S.0.4547(E), dated the 1% November, 2021 inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; And whereas, copies of the said notification were made available to the public on the 1* November, 2021; And whereas, the Central Government has constituted an Expert Committee to examine the objections and suggestions received in response to the above-mentioned draft notification; ‘And whereas, the recommendations of the said Expert Committee and all objections and suggestions received in response to the above-mentioned draft notification have been duly considered by the Central Government; 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 (29 of 1986), the Central Government hereby makes the following amendment in the said Coastal Regulation Zone notification, 2019, published vide G.S.R. 37(E), dated the 18" January 2019, namely: - In the said notification, — (a) in paragraph 5, in sub-paragraph 5.1.2, after clause (xix), the following clause shall be inserted namely:- “(xx) Purely temporary and seasonal structures (e.g. shacks) customarily put up during non- monsoon months: Provided that the facilities available in these structures shall remain non-operational during monsoon months.” ; (b) in paragraph 7, for sub-paragraph (i) the following sub-paragraph shall be substituted, namely: — Note: (d) “(ii) All development activities or projects in CRZ-I and CRZ-IV areas, which are regulated or permissible as per this notification, shall be dealt with by the Central Government for Coastal Regulation Zone clearance, based on the recommendation of the concerned Coastal Zone Management Authority with the following exceptions, namely: — Stand-alone jetties, Salt works, Slipways, Temporary structures and Erosion Control Measures (like Bunds, Seawall, Groynes, Breakwaters, Submerged reef, Sand nourishment, etc.) which shall be dealt by concerned Coastal Zone Management Authority.”; in paragraph 8, — (i) in sub-paragraph (i), for clause (e), the following clause shall be substituted, namely: — “(e) Coastal Regulation Zone map in 1:4000 scale, drawn up by the agencies identified by the Central Government using the demarcation of the HTL, LTL and ecologically sensitive areas as specified by National Centre for Sustainable Coastal Management for the concerned coastal area.”; (i) in sub-paragraph (ii), for clauses (a), (b) and (c), the following clauses shall be substituted, namely: — “(a) For the projects or activities also attracting the Environment Impact Assessment Notification, 2006 number S.O. 1533(E), dated 14% September, 2006, the Coastal Zone Management Authority shall forward its recommendations to the Central Government or State Environment Impact Assessment Authority for Category “A™ and Category “B” projects respectively, to enable a composite clearance under the Environment Impact Assessment Notification, 2006. (b) Coastal Zone Management Authority shall forward its recommendations to the Central Government for the projects or activities not covered in the Environment Impact Assessment Notification, 2006, but attracting this Notification and located in CRZ-I or CRZ-IV areas, except in respect of those projects or activities listed in sub-paragraph (ii) of paragraph 7 of this notification. (c) Projects or activities not covered in the Environment Impact Assessment Notification, 2006, but attracting this Notification and located in CRZ-II or CRZ-III areas or those projects or activities listed in sub-paragraph (ii) of paragraph 7 of this notification, shall be considered for clearance by the concerned Coastal Zone Management Authority within sixty days of the receipt of the complete proposal from the proponent. All construction activities related to projects of the Department of Atomic Energy or related to National Defence or Strategic or Security importance shall be dealt with by the Central Government for Coastal Regulation Zone clearance or composite clearance, as the case may be, based on the recommendation of the concerned Coastal Zone Management Authority, except those located in CRZ-II or CRZ-NI or listed in sub-paragraph (i) of paragraph 7 and requiring only Coastal Regulation Zone clearance.’; in paragraph 10, — (i) in sub-paragraph 10.2, for clause (iii), the following clause shall be substituted, namely:- “(iii) Integrated Island Management Plans, as applicable to smaller islands in Lakshadweep and ‘Andaman and Nicobar by notification vide number S.0.1242 (E), dated the 8% March, 2019, shall be formulated by respective State Governments or the Union territory Administration for all such islands and submitted to the Central Government and till the Integrated Island Management Plans are framed, provisions of this notification shall not apply and the Coastal Zone Management Plan as per provisions of Coastal Regulation Zone notification, 2011 number S.0.19(E), dated the 6% January, 2011, shall continue to apply.” ; (ii) after sub-paragraph 10.3, the following sub-paragraph shall be inserted, namely:— “10.4. Removal of sand bars in Coastal Regulation Zone.- The sand bars in the intertidal areas shall be removed by traditional coastal communities only through a non-mechanised manual method. The State Governments and Union territory Administration may permit such removal of sand in the specified time period in a particular area along with a specific quantity subject to conditions such as registration of local community persons permitted to remove the sand manually and shall be renewed on yearly basis.”. Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide number G.S.R. 37(E), dated the 18% January, 2019 and last amended, vide S.O. 4886(E), dated the 26® November, 2021. and Published by the Controller of Publications, Delhi-110054. wueasmm -