The draft Coastal Regulation Zone (CRZ), 2018 was recently released by the Ministry of Environment and Forests (MoEF).
The dilutions introduced by the new draft could possibly affect the customary land use and traditional land rights.
What is a Coastal Regulation Zone?
Under the Environment Protection Act, 1986, the MoEF issues notification for regulation of activities in the coastal area.
Coastal land up to 500m from the High Tide Line (HTL) comes under the Coastal Regulation Zone (CRZ).
Also, a stage of 100m along banks of creeks, estuaries, backwater and rivers subject to tidal fluctuations is called CRZ.
CRZ along the country has been placed in four categories:
Category I (CRZ -I) - Areas that are ecologically sensitive and important, areas between the Low Tide Line and High Tide Line.
Category II (CRZ -II) - Areas that have already been developed up to or the shoreline.
Category III (CRZ -III) - Areas that are relatively undisturbed and those which do not belong to either Category I or II.
Category IV (CRZ-IV) - Coastal stretches in the Andaman and Nicobar Islands, Lakhadweep and small islands, except those designated as CRZ I, CRZ II and CRZ III.
What are the concerns with the draft?
Fisherfolk - There are concerns that the draft has opened up fragile inter-tidal areas to real estate agents.
It seems to be favouring the large-scale industry at the cost of fishing communities.
This will affect how common areas used by fisherfolk are managed.
CRZ- A major change pertains to the CRZ limits on land along “tidal influenced water bodies”.
The proposed limit has been reduced from 100 metres to 50 metres or the width of the creek, whichever is less.
This dilution will help builders and could make the coast more vulnerable to development.
Authority - The draft seems to have shifted some of the powers already vested with the MoEF.
It makes the National Centre for Sustainable Coastal Management (NCSCM) the final authority to lay down standards for HTL.
Earlier the demarcation was carried out by one of the agencies authorised by MoEF, on recommendations of the NCSCM.
Also, only those projects located in CRZ-I and CRZ-IV shall now require MoEF clearance.
All other projects shall be considered by Coastal Zone Management Authorities (CZMAs) in the states and union territories.
These are perceived as a dilution of regulation and control over the coastal areas.
Hazard Line - The 2011 notification placed a lot of importance on the hazard line.
The 2018 notification takes away the protection that the hazard line could provide.
The hazard line has been delinked from the CRZ regulatory regime.
It, instead, merely states that the hazard line should be used as a tool for disaster management.
This means that one can build in these areas after preparing an environment assessment report.
It has to just state that certain precautions have been considered.
Bifurcation of CRZ-III areas - CRZ-III areas have now been divided into two categories.
The accuracy of data that is used for classification is being questioned.
As per 2011 Census [data], only state-wise population density is available.
So the process of narrowing down to the coastal region population is unclear.
Revenue records are not available of how many people live in some of the CRZ-III areas.
Some of these common areas are used by fisherfolk to dry fish and park their boats.
Opening these up would affect their livelihood related activities.
Strategic projects - The draft allows for construction of roads and roads on stilts, “by way of reclamation in CRZ-1 areas”.
This can only be in exceptional cases for “defence, strategic purposes and public utilities”.
This is to be recommended by the CZMA and approved by the Ministry.
However, it does not explicitly state what strategic projects are.
Implementation - As per the National Green Tribunal, it has been 7 years since the deadline set by 2011 notification to submit CZMPs has passed.
It is delayed due to opposition from fisherfolk, and some states have requested an extension.
Given this, the fact that the new draft would come into force once the states update their CZMPs seems flawed.
