The
Coastal Regulation Zone Notifications
| Notification
I |
19th
February, 1991 |
| Annexure-I
|
Coastal area classification and development regualtions |
| Annexure-II
|
Guidelines
for development of beach resorts/hotels |
| Notification
II |
16th
August, 1994 |
| Notification
III |
July
9, 1997 |
| Annexure-III
|
List
of petroleum products permitted for storage in port areas |
| Notification
IV |
26th
of November, 1998
|
| Notification
V |
29th
December, 1998
|
| Notification
VI |
12th
February, 1999 |
| Notification
VII |
28th
May, 1999 |
| Notification
VIII |
30th
June, 1999 |
| Notification
IX |
13th
July, 1999 |
| Notification
X |
4th
August, 2000
|
The
Coastal Regulation Zone Notifications
(As
amended by notification dated 16.8.1994 and Supreme Court judgement
dated 18.4.1996)
MINISTRY
OF ENVIRONMENT & FORESTS
(Department
of Environment, Forests and Wildlife)
NOTIFICATION
I
New
Delhi, the 19th February, 1991
(Gazetted
on 20.2.1991)
Notification
under section 3(1) and section 3(2)(v) of the Environment (Protection)
Act, 1986 and rule 5(3)(d) of the Environment (Protection) Rules, 1986
declaring Coastal Stretches as Coastal Regulation Zone (CRZ) and Regulating
Activities in the CRZ.
S.O.
114(E). - Whereas a Notification under Section 3(1) and Section
3(2)(v) of the Environment (Protection) Act, 1986, inviting objections
against the declaration of Coastal Stretches as Coastal Regulation Zone
(CRZ) and imposing restrictions on industries, operations and processes
in the CRZ was published vide S.O. No. 944(E) dated 15th December, 1990.
And
whereas all objections received have been duly considered by the Central
Government:
Now,
therefore, in exercise of the power conferred by Clause (d) of sub-rule
(3) of Rule 5 of the Environment (Protection) Rules, 1986, and all other
powers vesting in its behalf, the Central Government hereby declares
the coastal stretches of seas, bays, estuaries, creeks, rivers and backwaters
which are influenced by tidal action (in the landward side) upto 500
metres from the High Tide Line (HTL) and the land between the Low Tide
Line (LTL) and the HTL as Coastal Regulation Zone; and imposes with
effect from the date of this Notification, the following restrictions
on the setting up and expansion of industries, operations or processes,
etc., in the said Coastal Regulation Zone (CRZ).
(1)[For the purposes of this notification, the High Tide
Line means the line on the land upto which the highest water line reaches
during the spring tide and shall be demarcated uniformly in all parts
of the country by the demarcating authority so authorized by the Central
Government in consultation with the Surveyor General of India.
Note:The
distance from the High Tide Line shall apply to both sides in the case
of rivers, creeks and back waters and may be modified on a case by case
basis for reasons to be recorded while preparing the Coastal Zone Management
Plans. However, this distance shall not be less than (2)[100]
metres or the width of the creek, river or backwater whichever is less.
The distance upto which development along rivers, creeks and backwaters
is to be regulated shall be governed by the distance upto which the
tidal effect of sea is experienced in rivers, creeks or back-waters,
as the case may be, and should be clearly identified in the Coastal
Zone Management Plans.]
2.
Prohibited Activities: The following activities are declared
as prohibited within the Coastal Regulation Zone namely:
(i)
setting up of new industries and expansion of existing industries, except
those directly related
to
water front or directly needing foreshore facilities;
(ii)
manufacture or handling or storage or disposal of hazardous substances
as specified in the Notifications of the Government of India in the
Ministry of Environment and Forests No. S.O. 594(E) dated 28th July
1989, S.O. 966(E) dated 27th November, 1989 and GSR 1037(E) dated 5th
December, 1989;
(iii)
setting up and expansion of fish processing units including warehousing
(excluding hatchery and natural fish drying in permitted areas);
(iv)
setting up and expansion of units/mechanism for disposal of waste and
effluents, except facilities required for discharging treated effluents
into the water course with approval under the Water (Prevention and
Control of Pollution) Act, 1974; and except for storm water drains;
(v)
discharge of untreated wastes and effluents from industries, cities
or towns and other human settlements. Schemes shall be implemented by
the concerned authorities for phasing out the existing practices, if
any, within a reasonable time period not exceeding three years from
the date of this notification;
(vi)
dumping of city or town waste for the purposes of land filling or otherwise;
the existing practice, if any, shall be phased out within a reasonable
time not exceeding 3 years from the date of this Notification;
(vii)
dumping of ash or any wastes from thermal power stations;
(viii)
land reclamation, funding or disturbing the natural course of sea water
with similar obstructions, except those required for control of coastal
erosion and maintenance or clearing of waterways, channels and ports
and for prevention of sandbars and also except for tidal regulators,
storm water drains and structures for prevention of salinity ingress
and for sweet water recharge;
(ix)
mining of sand, rocks and other substrata materials, except those rare
minerals not available outside the CRZ areas;
(x)
harvesting or drawal of ground water and construction of mechanisms
therefore within 200 m of HTL; in the 200 m to 500 m zone it shall be
permitted only when done manually through ordinary wells for drinking,
horticulture, agriculture and fisheries;
(xi)
construction activities in ecologically sensitive areas as specified
in Annexure-I of this Notification;
(xii)
any construction activity between the LTL and HTL except facilities
for carrying treated effluents and waste water discharges into the sea,
facilities for carrying sea water for cooling purposes, oil, gas and
similar pipelines and facilities essential for activities permitted
under this Notification; and
(xiii)
dressing or altering of sand dunes, hills natural features including
landscape charges for beautification, recreational and other such purpose,
except as permissible under the Notification.
3.
Regulation of Permissible Activities: All other activities,
except those prohibited in para 2 above, will be regulated as under:
(1)
Clearance shall be given for any activity within the Coastal Regulation
Zone only if it requires water front and foreshore facilities.
(2)
The following activities will require environmental clearance from the
Ministry of Environment and Forests, Government of
India, namely:
(i)
Construction activities related to Defence requirements for which foreshore
facilities are essential (e.g. slip-ways, jetties, etc.); except for
classified operational component of defence projects for which a separate
procedure shall be followed. (Residential buildings, office buildings,
hospital complexes, workshops shall not come within the definition of
operational requirements except in very special cases and hence shall
not normally be permitted in the CRZ).
(ii)
Operational constructions for ports and harbours and light houses requiring
water frontage; jetties, wharves, quays, slip-ways, etc. (Residential
buildings & office buildings shall not come within the definition
of operational activities except in very special cases and hence shall
not normally be permitted in the CRZ);
(iii)
Thermal power plants (only foreshore facilities for transport of raw
materials facilities for in-take of cooling water and outfall for discharge
of treated waste water/cooling water); and
(iv)
All other activities with investment exceeding rupees five crores.
(3)
(i) The coastal States Union Territory Administrations shall prepare,
within a period of one year from the date of this Notification. Coastal
Zone Management Plans identifying and classifying the CRZ areas within
their respective territories in accordance with the guidelines given
in Annexures I and II of the Notification and obtain approval (with
or without modifications) of the Central Government in the Ministry
of Environment & Forests;
(ii)
Within the framework of such approved plans, all development and activities
within the CRZ other than those covered in para 2 and para 3(2) above
shall be regulated by the State Government, Union Territory Administration
or the local authority as the case may be in accordance with the guidelines
given in Annexure-I and II of the Notification; and
(iii)
In the interim period till the Coastal Zone Management Plans mentioned
in para 3(3)(i) above are prepared and approved, all developments and
activities within the CRZ shall not violate the provisions of this Notification.
State Governments and Union Territory Administrations shall ensure adherence
to these regulations and violations, if any, shall be subject to the
provisions of the Environment (Protection) Act, 1986.
4.
Procedure for monitoring and enforcement: The Ministry of Environment
& Forests and
the
Government of State or Union Territory and such other authorities at
the State or Union Territory levels, as may be designated for this purpose,
shall be responsible for monitoring and enforcement of the provisions
of this notification within their respective jurisdictions.
[N.K-150
19/1/84-IA-III(Vol.II)]
R.
RAJAMANI, Secy.
Annexure
- I
Coastal
Area Classification and Development Regulations
Classification
of Coastal Regulation Zone:
6
(1)For regulating development activities, the coastal stretches within
500 metres of High Tide Line on the landward side are classified into
four categories, namely:
Category
I (CRZ-I)
(i)
Areas that are ecologically sensitive and important, such as national
parks/marine parks, sanctuaries, reserve forests, wildlife habitats,
mangroves, corals/coral reefs, areas close to breeding and spawning
grounds of fish and other marine life, areas of outstanding natural
beauty/historically/heritage areas, areas rich in genetic diversity,
areas likely to be inundated due to rise in sea level consequent upon
global warming and such other areas as may be declared by the Central
Government or the concerned authorities at the State/Union Territory
level from time to time.
(ii)
Area between the Low Tide Line and the High Tide Line.
Category-II
(CRZ-II)
The
areas that have already been developed upto or close to the shore-line.
For this purpose, "developed area" is referred to as that
area within the municipal limits or in other legally designated urban
areas which is already substantially built up and which has been provided
with drainage and approach roads and other infrastructural facilities,
such as water supply and sewerage mains.
Category-III
(CRZ-III)
Areas
that are relatively undisturbed and those which do not belong to either
Category-I or II. These will include coastal zone in the rural areas
(developed and undeveloped) and also areas within Municipal limits or
in other legally designated urban areas which are not substantially
built up.
Category-IV
(CRZ-IV)
Coastal
stretches in the Andaman & Nicobar, Lakshadweep and small islands,
except those designated as CRZ-I, CRZ-II or CRZ-III.
Norms
for Regulation of Activities
6
(2) The development or construction activities in different categories
of CRZ area shall be regulated by the concerned authorities at the State/Union
Territory level, in accordance with the following norms:
CRZ-I
No
new construction shall be permitted within 500 metres of the High Tide
Line. No construction activity, except as listed under 2(xii), will
be permitted between the Low Tide Line and the High Tide Line.
CRZ-II
(i)
Buildings shall be permitted neither on the seaward side of the existing
road (or roads proposed in the approved Coastal Zone Management Plan
of the area) nor on seaward side of existing authorized structures.
Buildings permitted on the landward side of the existing and proposed
road/existing authorized structures shall be subject to the existing
local Town and Country Planning Regulations including the existing norms
of FSI/FAR.
(ii)
Reconstruction of the authorised buildings to be permitted
subject to the existing FSI/FAR norms and without change in the existing
use.
(iii)
The design and construction of buildings shall be consistent with the
surrounding landscape and local architectural style.
CRZ-III
(i)
The area upto 200 metres from the HTL is to be earmarked as
'No Development Zone'. No construction shall be permitted within this
zone except for repairs of existing authorised structures not exceeding
existing FSI, existing plinth area and existing density. However, the
following uses may be permissible in this zone-agriculture, horticulture,
garden pastures, parks, play fields, forestry and salt manufacture from
sea water.
(ii)
Development of vacant plots between 200 and 500 metres of High
Tide Line in designated areas of CRZ-III with prior approval of Ministry
of Environment and Forests (MEF) permitted for construction of hotels/beach
resorts for temporary occupation of tourists/visitors subject to the
conditions as stipulated in the guidelines at Annexure-II.
(iii)
Construction/reconstruction of dwelling units between 200 and 500 metres
of the HTL permitted so long it is within the ambit of traditional rights
and customary uses such as existing fishing villages and gaothans. Building
permission for such construction/reconstruction will be subject to the
conditions that the total number of dwelling unit shall not be more
than twice the number of existing units, total covered area on all floors
shall not exceed 33 percent of the plot size; the overall height of
construction shall not exceed 9 metres and construction shall not be
more than 2 floors (ground floor plus one floor).
(iv)
Reconstruction/alterations of an existing authorised building permitted
subject to (i) to (iii) above.
CRZ-
IV
Andaman
& Nicobar Islands:
(i)
No New construction of buildings shall be permitted within 200 metres
of the HTL;
(ii)
The buildings between 200 and 500 metres from the High Tide Line shall
not have more than 2 floors (ground floor and first floor), the total
covered area on all floors shall not be more than 50 per cent of the
plot size and the total height of construction shall not exceed 9 metres;
(iii)
The design and construction of buildings shall be consistent with the
surrounding landscape and local architectural style.
(iv)
Corals and sand from the beaches and coastal waters shall not be used
for construction and other purpose;
(v)
Dredging and underwater blasting in and around coral formations shall
not be permitted; and
(vi)
However, in some of the islands, coastal stretches may also be classified
into categories CRZ-I or II or III with the prior approval of Ministry
of Environment and Forests and in such designated stretches, the appropriate
regulations given for respective Categories shall apply.
Lakshadweep
and small Islands:
(i)
For permitting construction of buildings the distance from the High
Tide Line shall be decided depending on the size of the islands. This
shall be laid down for each island, in consultation with the experts
and with approval of the Ministry of Environment & Forests, keeping
in view the land use requirements for specific purposes vis-a-vis local
conditions including hydrological aspects erosion
and ecological sensitivity;
(ii)
The buildings within 500 metres from the HTL shall not have more than
2 floors (ground floor and 1st floor), the total covered area on all
floors shall not be more than 50 per cent of the plot size and the total
height of construction shall not exceed 9 metres;
(iii)
The design and construction of buildings shall be consistent with the
surrounding landscape and local architectural style;
(iv)
Corals and sand from the beaches and coastal waters shall not be used
for construction and other purposes;
(v)
Dredging and underwater blasting in and around coral formations shall
not be permitted; and
(vi)
However, in some of the islands, coastal stretches may also be classified
into categories CRZ-I or 11 or Ill, with the prior
approval of Ministry of Environment & Forests and in such designated
stretches, the appropriate regulations given for respective Categories
shall apply.
Annexure
- II
Guidelines
for Development of Beach Resorts/Hotels in the Designated areas of CRZ-III
for Temporary Occupation of Tourist/Visitors, with prior approval of
the Ministry of Environment & Forests.
7(1)
Construction of beach resorts/hotels with prior approval of MEF in the
designated areas of CRZ-III for temporary occupation of tourists/visitors
shall be subject to the following conditions:
(i)
The project proponents shall not undertake any construction (including
temporary constructions and fencing or such other barriers) within 200
metres (in the landward side) from the High Tide Line and within the
area between the Low Tide and High Tide Line;
(3)[(ia)
live fencing and barbed wire fencing with vegetative cover may be allowed
around private properties subjects to the condition that such fencing
shall in no way hamper public access to the beach;
(ib)
no flattening of sand dunes shall be carried out;
(ic)
no permanent structure for sports facilities shall be permitted except
construction of goal posts, net posts and lamp posts.
(id)
construction of basements may be allowed subject to the condition that
no objection certificate is obtained from the State Ground Water Authority
to the effect that such construction will not adversely affect free
flow of ground water in that area. The State Ground Water Authority
shall take into consideration the guidelines issued by the Central Government
before granting such no objection certificate.
Explanation:
Though no construction is allowed in the no development zone for the
purpose of calculation of FSI, the area of entire plot including (4)[50% of] the portion which falls within the no
development zone shall be taken into account.
(ii)
The total plot size shall not be less than 0.4 hectares and the total
covered area on all floors shall not exceed 33 per cent of the plot
size i.e. the FSI shall not exceed 0.33. The open area shall be suitably
landscaped with appropriate vegetal cover;
(iii)
The construction shall be consistent with the surrounding landscape
and local architectural style;
(iv)
The overall height of construction upto highest ridge of the roof, shall
not exceed 9 metres and the construction shall not be more than 2 floors
(ground floor plus one upper floor);
(v)
Ground water shall not be tapped within 200 m of the HTL; within the
200 metres-500 metres zone, it can be tapped only with the concurrence
of the Central/State Ground Water Board;
(vi)
Extraction of sand, levelling or digging of sandy stretches except for
structural foundation of building swimming pool shall not be permitted
within 500 metres of the High Tide Line;
(vii)
The quality of treated effluents, solid wastes, emissions and noise
levels, etc. from the project area must conform to the standards laid
down by the competent authorities including the Central/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. It must be ensured that the untreated effluents
and solid wastes are not discharged into the water or on the beach;
and no effluent/solid waste shall be discharged on the beach;
(ix)
To allow public access to the beach, at least a gap of 20 metres width
shall be provided between any two hotels/beach resorts; and in no case
shall gaps be less than 500 metres apart; and
(x)
If the project involves diversion of forest land for non-forest purposes,
clearance as required under the Forest (Conservation) Act, 1980 shall
be obtained. The requirements of other Central and State laws as applicable
to the project shall be met with.
(xi)
Approval of the State/Union Territory Tourism Department shall be obtained.
7(2)In
ecologically sensitive areas (such as marine parks, mangroves, coral
reefs, breeding and spawning grounds of fish, wildlife habitats and
such other areas as may notified by the Central/State Government /Union
Territories) construction of beach resorts/hotels shall not be permitted.
Coastal
Regulation Zone (Amendment) Notification
MINISTRY
OF ENVIRONMENT AND FORESTS
NOTIFICATION
II
New
Delhi, the 16th August, 1994
S.O.
595 (E).- Whereas by the notification of the Government of
India in the Ministry of Environment and Forest No. S.O. 114 (E), dated
the 19th February, 1991 (hereinafter referred to as the said notification)
Coastal Stretches were declared Coastal Regulation Zones and restrictions
were imposed on the setting up and expansion of industries, operations
and processes in the said zone;
And
whereas the Central Government constituted an Expert Committee under
the Chairmanship of Shri. B. B. Vohra to examine the issues relating
to tourism and hotel facilities in the coastal zones;
And
whereas the said Committee submitted its report to the Central Government
on 31st day of December 1992 and the Central Government after considering
the said report proposes to make certain amendment in the said notification;
And
whereas vide no. S.O. 859(E), dated the 11th November, 1993 the objections/
suggestions from the public were invited and duly considered and examined
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) read with clause (d) of sub-rule (3) of rule
5 of the Environment (Protection) Rules 1986, the Central Government
hereby makes the following amendments in the aforesaid notification:-
[Amendment
to No. S.O. 114(E), dated the 19th February, 1991]
In
exercise of the powers conferred by clause (a) of sub-rule (3) of rule
5 of the Environment Protection Rule, 1986, the Central Government hereby
makes the following amendments in the notification of the Government
of India in the Ministry of Environment and Forests No. S.O. 114(E),
dated the 19th February, 1991, namely:-
(a)
in paragraph 1, for the portion beginning with the words "For purposes
of this notification, the High Tide Line" and ending with the words
"width of the creek, river or back water whichever is less",
the following shall be substituted, namely:-
"For
the purposes of this notification, the High Tide Line means the line
on the land upto which the highest water line reaches during the spring
tide and shall be demarcated uniformly in all parts of the country by
the demarcating authority so authorised by the Central Government in
consultation with the Surveyor General of India.
Note:
The distance from the High Tide Line shall apply to both sides in the
case of rivers, creeks and back waters and may be modified on a case
by case basis for reasons to be recorded while preparing the Coastal
Zone Management Plans. However, this distance shall not be less than
50 metres or the width of the creek, river or backwater whichever is
less. The distance upto which development along rivers, creeks and backwaters
is to be regulated shall be governed by the distance upto which the
tidal effect of sea is experienced in rivers, creeks or back-waters,
as the case may be, and should be clearly identified in the Coastal
Zone Management Plans";
(b)
ln Annexure II, in paragraph 7, in sub-paragraph (l), for item (i),
the following items shall be substituted, namely:-
(i)
The project proponent shall not undertake any construction within 200
metres in the land ward side from the High Tide Line
and within the area between the Low Tide and High Tide Lines:
Provided
that the Central Government may, after taking into account geographical
features and overall Coastal Zone Management Plans, and for reasons
to be recorded in writing, permit any construction subject to such conditions
and restrictions as it may deem fit;
(ia)
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;
(ib)
no flattening of sand dunes shall be carried out;
(ic)
no permanent structures for sports facilities shall be permitted except
construction of goal posts, net posts and lamp posts.
(id)
construction of basements may be allowed subject to the condition that
no objection certificate is obtained from the State Ground Water Authority
to the effect that such construction will not adversely affect free
flow of ground water in that area. The State Ground Water Authority
shall take into consideration the guidelines issued by the Central Government
before granting such no objection certificate.
Explanation:
Though no construction is allowed in the no development zone for
the purposes of calculation of FSI, the area of entire plot including
the portion which falls within the no development zone shall he taken
into account."
K.
K Bakshi, Addl. Secy.
Ministry
of Environment and Forests
Notification
III
S.O.
494(E), dated July 9, 1997, published in the Gazette of India,
Extra., Part II, Section 3(ii), dated 9th July, 1997, pp. 4-6 No.393
[No. H-11011/6/97-IA-III]
Whereas
by the notification of the Government of India in the Ministry of Environment
and Forests No. S.O. 114 (E), dated the 19th February, 1991 (hereinafter
referred to as the said notification) Central Government declared Coastal
Stretches as Coastal Regulation Zone (CRZ) and restrictions were imposed
on the setting up and expansion of industries, operations and processes
in the said zone;
And
whereas some State Governments have drawn attention of the Central Government
to the difficulties being faced by the local people and also for construction
of essential facilities in the coastal zone;
And
whereas these issues have been examined by the Government of India in
the Ministry of Environment and Forests and discussed with other concerned
authorities;
And
whereas the Central Government is of the opinion that the said notification
should be amended;
And
whereas sub-rule (4) of Rule 5 of the Environment (Protection) Rules,
1986 provides that, "Notwithstanding anything contained in sub-rule
(3), whenever it appears to the Central Government that it is in public
interest to do so, it may dispense with the requirement of notice under
clause (a) of sub-rule (3) of the said rules;
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)
sub-rule (3) of Rule 5 of the said rule for amending the said notification;
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) read with sub-rules (3) and (4) of Rule 5 of
the Environment (Protection) Rules, 1986, the Central Government hereby
makes the following further amendments in the aforesaid notification.
2.
In the said notification, in Paragraph 2, -
(1)
in sub-paragraph (ii) the following words and proviso shall be inserted
at the end, namely:-
"except
transfer of hazardous substances from ships to ports, terminals and
refineries and vice versa, in the port areas:
Provided
that Government of India in the Ministry of Surface Transport , on a
case to case basis, may permit storage of the petroleum products as
specified in Annexure III appended to this notification within the existing
port limits of existing ports and harbours and in those areas of ports
that have not been classified as CRZ-I subject to implementation of
safety regulations including guidelines issued by Oil Safety Directorate
in the Government of India, Ministry of Petroleum and Natural Gas after
ensuring proper location of site and availability of necessary equipment
to meet the safety norms and the exigencies arising due to any accident
or spillage";
(2)
in sub-paragraph (iii) the following provision shall be inserted at
the end, namely:-
"Provided
that existing fish processing units for modernisation purposes may utilise
twenty-five per cent additional plinth area required for additional
equipment and pollution control measures only subject to existing Floor
Space Index/Floor Area Ratio norms and subject to the condition that
the additional plinth area shall not be towards seaward side of existing
unit and also subject to the approval of State Pollution Control Board
or Pollution Control Committee";
(3)
for sub-paragraph (viii) the following shall be substituted, namely:-
"(viii)
land reclamation, bunding or disturbing the natural course of sea water
except those required for construction of ports, harbours, jetties,
wharves, quays, slipways, bridges and sea-links and for other facilities
that are essential for activities permissible under the notification
or for control of coastal erosion and maintenance or clearing of water
ways, channels and ports or for prevention of sandbars or for tidal
regulators, storm water drains or for structures for prevention of salinity
ingress and sweet water recharge.":
(4)
in sub-paragraph (x), for the proviso the following proviso shall be
substituted, namely:-
"Provided
that drawal of ground water is permitted, where no other source of water
is available and when done manually through ordinary wells or hand pumps,
for drinking and domestic purposes, in the zone between 50 to 200 m
from High Tide Line in case of seas, bays and estuaries and within 200m
or the CRZ, whichever is less, from High Tide Line in case of rivers,
creeks and back waters subject to such restrictions, as may be deemed
necessary, in areas affected by sea water intrusion, that may be imposed
by an authority designated by State Government/Union Territory Administration".
3.
In Paragraph 3, sub-paragraph (2), for clauses (ii) and (iv)
the following shall be substituted, namely:-
"(ii)
Operational constitutions for ports and harbours and light houses and
constructions for activities such as jetties, wharves, quays and slipways:
Provided
that for expansion or modernisation of existing ports and harbours including
fishing harbours operational constructions for ports and harbours and
construction jetties, wharves, quays, slipways, single point mooring
and single buoy mooring and for reclamation for facilities essential
for operational requirements of ports and harbours in areas within the
existing port limits, except the areas classified as category CBZ -I(i)
, shall require environmental clearance from Government of India is
the Ministry of Surface Transport, which shall take decision on these
activities on the basis of Environmental Impact Assessment Report:
Provided
further that reclamation for commercial purposes such as shopping and
housing complexes, hotels and entertainment activities shall not be
permissible";
"(iv)
All other activities with investment exceeding rupees five crores except
those activities which are to be regulated by the concerned authorities
at the State/Union Territory level in accordance with the provisions
of Paragraph 6, sub-paragraph (2) of Annexure I of the notification".
4.
In Annexure I, in Paragraph 6, in sub-paragraph (2):-
(1)
under heading CRZ-I the following proviso shall be inserted at the end,
namely:-
"Provided
that construction of dispensaries, schools, public rain shelters, community
toilets, bridges, roads, jetties, water supply, drainage, sewerage which
are required for traditional inhabitants of the Sunderbans Bio-sphere
reserve area, West Bengal, may be permitted, on a case to case basis,
by an authority designated by the State Government";
(2)
under heading CRZ-II, for item (i), the following shall be substituted,
namely:-
"Buildings
shall be permitted only on the landward side of the existing road (or
roads proposed in the approved Coastal Zone Management Plan of the area)
or on the landward side of existing authorised structures. Buildings
permitted on the landward side of the existing and proposed roads/existing
authorised structures shall be subject to the existing local Town and
Country Planning Regulations including the existing norms of Floor Space
Index/Floor Area Ratio:
Provided
that no permission for construction of buildings shall be given on landward
side of any new roads (except roads proposed in the approved Coastal
Zone Management Plan) which are constructed on the seaward side of an
existing road";
(3)
under heading CRZ-III,-
(i)
in item (i) for the words "No construction shall be permitted within
this zone except for repairs of existing authorised structures not exceeding
existing FSI, existing plinth area and existing density" the words
"No construction shall be permitted within this zone except for
repairs of existing authorised structure not exceeding existing FSI,
existing plinth area and existing density, and for permissible activities
under the notification including facilities essential for such activities.
An authority designated by the State Government/Union Territory Administration
may permit construction of facilities for water supply, drainage and
sewerage for requirements of local inhabitants" shall be substituted.
(ii)
in item (iii) at the end, the following words shall be inserted, namely:-
"Construction
is allowed for permissible activities under the notification including
facilities essential for such activities. An authority designated by
State Government /Union Territory Administration may permit construction
of public rain shelters, community toilets, water supply, drainage,
sewerage, roads and bridges. The said authority may also permit construction
of schools and dispensaries, for local inhabitants of the area, for
those panchayats the major part of which falls within CRZ if no other
area is available for construction of such facilities".
5.
After Annexure II to the said notification the following Annexure
III shall be inserted , namely:-
ANNEXURE
III
[See
Paragraph 2, sub-paragraph (ii)]
List
of Petroleum Products Permitted for Storage in Port Areas
i.
Crude Oil;
ii.
Liquified 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.
Naptha;
xii.
Furnace Oil;
xiii.
Low Sulphur Heavy Stock".
1.
As amended by notification dated 18.8.1994
2.
Amended to 50 metres by notification dated 16.8.1994. Restored to
100 metres by Supreme Court dated 18.4.1996
3.
Introduced via amendment dated 16.8.1994.
4.
Entire area of non-development zone allowed as per amending notification
dated 16.8.1994. Modified by the Supreme Court order dated 18.4.1996
to 50% of non-development