S.O.5494 (E) dated 24/11/2022-Amendment in ICRZ Notification 2019

Che Gazette of India .3 -2hua.-31.-25112022-240559 EXTRAORDINARY TR &y PUBLISHED BY AUTHORITY No. 5265] NEW DELHI, THURSDAY, NOVEMBER 24, 2022/AGRAHAYANA 3, 1944 7 faeelt, 24 T, 2022 TEAT AT, 1242(%), AT 8 W, 2019 FIIT THIOT ATAT (ZH ToF qo=me £17 a8 Ao T 7847 GU2022 (&) fAreRTeTeRe FTARET AT TR, T T AT % agar AT agm E ¥ “(2.) FE T G AT USARAT GIIT TAA T & o for Tredrer sermeofi ade wee 2006 * el AT JTeAT T TSTATET AT FTHRATHT 3 TorT FET S T TTTRERTT @) TET T AT WEET, TH A=A F R 7 % I (i) ¥ oaeea nfif 2019 greT waRTfere £ wE A i dfiw A Fwr.ar. 2095(+) AT 5 WE, 2022 FT wereT T T o ISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 24th November, 2022 S.0. 5494(E).—Whereas the Central Government by the notification published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), number S.O. 1242(E), dated the 8% March 2019 (hereinafter referred to as the Island Coastal Regulation Zone notification, 2019), declared certain coastal stretches as Island 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 and 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; 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, the Expert Committee, constituted by the Central Government vide order dated 19" April, 2022 to examine the objections and suggestions received in response to the draft notification issued vide number S.0.4547 (E), dated the 1% November, 2021 to amend the Coastal Regulation Zone notification, 2019, has recommended to include the proposed amendments in the Island Coastal Regulation Zone notification, 2019 also, to have uniformity in the Coastal Regulation Zone notifications and to avoid ambiguity; And whereas, the Central Government is of the opinion that it is in public interest to dispense with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 for amending the Island Coastal Regulation Zone notification, 2019. Now, therefore, in the 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, after having dispensed with the requirement of notice under clause (a) of sub-rule (3) of rule 5 of the said rules, in the public interest, hereby makes the following amendments in the said Island Coastal Regulation Zone notification, published vide S.O. 1242(E), dated the 8™ March, 2019, namely: - In the said notification,- (a) in paragraph 3, for the word and number “para 57, the word and number “paragraph 4™ shall be substituted; (b) in paragraph 4, in sub-paragraph (III), after clause (xix), the following clauses shall be inserted, namely:- “(xx) Collection of dead shells by traditional communities for poultry and animal feed supplements and shall not require prior Island Coastal Regulation Zone clearance; (xxi) Purely temporary and seasonal structures (e.g. shacks) or customarily put up during non-monsoon months: Provided that the facilities available in these structures shall remain non-operational during monsoon months.”; (c) in paragraph 7, for sub-paragraph (ii), the following sub-paragraph shall be substituted, namely: - “(ii) All development activities or projects in ICRZ-I and ICRZ-IV areas, which are regulated or permissible as per this notification, shall be dealt with by the Central Government for Island 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.”; (d) in paragraph 8.- (i) in sub-paragraph (i), for clause (e), the following clause shall be substituted, namely:- “(e) Island 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.”; (ii) in sub-paragraph (ii), for clauses (a), (b) and (c), the following of clauses shall be substituted, namely:- “(a) For the projects or activities also attracting the Environment Impact Assessment Notification, 2006 number S.0. 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 ICRZ-I or ICRZ-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 ICRZ-II or ICRZ-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. Note: 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 Island 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 ICRZ-II or ICRZ-III or listed in sub-paragraph (ii) of paragraph 7 and requiring only Island Coastal Regulation Zone clearance.’; (e) after paragraph 9, the following paragraph shall be inserted, namely:- “10. Removal of sand bars in Island 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 S.O. 1242(E), dated the 8 March, 2019 and last amended, vide S.O. 2095(E), dated the 5t May, 2022. Uploaded by D of Printng at Governmen of India Press, Ring Road, Mayapuri, New DelLi-110064 and Published by the Controller of Publications, Delhi-110054. woe