Environmental Laws in India

• Over time, there has been a shift away from the belief in a trade-off between environmental quality and economic growth, with a growing understanding that they are complementary.
• Environmental consciousness has spread, leading to a reevaluation of the relationship between environmental protection and economic development.
• Environmental considerations have long been a part of Indian culture, expressed in ancient scriptures emphasizing conservation and sustainable resource use.
• India’s constitutional, legislative, and policy frameworks reflect a commitment to environmental conservation and sustainability.
• Even before independence in 1947, India had existing environmental legislation, but significant progress towards a comprehensive framework occurred after the UN Conference on the Human Environment in 1972.
• The establishment of the National Council for Environmental Policy and Planning in 1972, later evolving into the Ministry of Environment and Forests (MoEF) in 1985, marked a significant step towards environmental regulation and protection.
• The 42nd Amendment in 1976 constitutionally sanctioned environmental concerns, incorporating them into the Directive Principles of State Policy and Fundamental Rights and Duties.
• Since the 1970s, India has developed an extensive network of environmental legislation, with the MoEF and pollution control boards forming the regulatory and administrative core of the sector.

Pollution Related Environmental Laws in India

The Water (Prevention and Control of Pollution) Act of 1974 and Amendment, 1988

• The Act delegates regulatory authority to State Pollution Control Boards (SPCBs) for setting and enforcing effluent standards in factories.
• Similarly, a Central Pollution Control Board (CPCB) is tasked with the same responsibilities for Union Territories and oversees policy formulation and coordination among State Boards.
• SPCBs and CPCB are authorized by the Act to conduct equipment testing and sample collection for analysis purposes.
• Prior to the 1988 amendment, enforcement actions under the Act relied on criminal prosecutions initiated by the Boards.
• The 1988 amendment empowered SPCBs and CPCB to take stronger action, including the closure of non-compliant industrial plants.

The Water (Prevention and Control of Pollution) Cess Act of 1977

• The Water Cess Act was enacted to provide financial support for the Central and State Pollution Boards.
• It introduces economic incentives for pollution control by mandating local authorities and specific industries to pay a cess (tax) for discharging water effluents.
• After deducting collection expenses, the Central Government allocates necessary funds to the central and state boards.
• To promote investment in pollution control infrastructure, the Act offers a 70% rebate on the cess to polluters upon installation of effluent treatment equipment.

The Air (Prevention and Control of Pollution) Act of 1981 and amendment, 1987

• To implement the decisions taken at the United Nations Conference on the Human Environment held at Stockholm in June 1972, Parliament enacted the nationwide Air Act.
• The main objectives of this Act are to improve the quality of air and to prevent, control and abate air pollution in the country
• The Air Act expanded the responsibilities of the central and state pollution control boards established under the Water Act to include air pollution control measures.
• States lacking water pollution boards were mandated to establish air pollution control boards.
• Industries operating within specified air pollution control areas must obtain consent (permit) from the State Boards under the Air Act.
• State boards are required to establish emission standards for industry and automobiles after consulting the central board and considering ambient air quality standards.
• The Act authorizes State Pollution Control Boards (SPCBs) to conduct equipment testing and sample collection from chimneys, fly ash, dust, or other sources for analysis purposes.
• Enforcement under the Act, prior to its 1988 amendment, relied on criminal prosecutions initiated by the boards.
• The 1988 amendment granted SPCBs and CPCB the authority to close non-compliant industrial plants.
• Notably, the 1987 amendment introduced a citizen’s suit provision into the Air Act and expanded its scope to include noise pollution regulation.

Environment (Protection) Act of 1986 (EPA, 1986)

• Following the Bhopal tragedy, the Indian government passed the Environment Act of 1986.
• This Act stands as one of the most extensive legislations aimed at the protection and enhancement of the environment.
• Enacted under Article 253, the 1986 Act is a general legislation that empowers Parliament to enact laws for the entire territory of India to implement treaties, conventions, agreements, or decisions made at international conferences or associations.
• The Act aims to execute the resolutions adopted at the United Nations Conference on the Human Environment in 1972.
• Serving as an overarching legislation, it provides a framework for the coordination of activities among various central and state authorities established under prior Acts like the Water Act and the Air Act.
• These decisions primarily focus on safeguarding and enhancing the human environment, as well as preventing risks to human beings, other living organisms, plants, and property.
• The act defined:
  • “Environment” defined to include water, air and land and the inter-relationships which exist among water, air and land and human beings and other living creatures, plants, micro-organisms and property.
  • “Environmental pollution” is the presence of pollutant, defined as any solid, liquid or gaseous substance present in such a concentration as may be or may tend to be injurious to the environment.
  • “Hazardous substances” include any substance or preparation, which may cause harm to human beings, other living creatures, plants, microorganisms, property or the environment

The main provisions of the Act

• The Environment Act confers extensive powers upon the Central Government for the protection and enhancement of environmental quality.
• These powers include coordinating state actions, executing nationwide environmental programs, establishing environmental quality standards, especially regarding pollutant emissions or discharges, and regulating industrial locations.
• The Act empowers the Central Government to issue direct orders, including closure, prohibition, or regulation of any industry.
• It grants authority for entry, examination, and testing of equipment, as well as analyzing samples of air, water, soil, or other substances from any location.
• The Central Government is authorized to develop codes, guides, and manuals, along with addressing other necessary matters for effective Act implementation.
• The Act explicitly prohibits the discharge of environmental pollutants beyond prescribed regulatory standards and handling hazardous substances without complying with regulatory procedures.
• Penalties for non-compliance include imprisonment for up to 5 years, a fine up to Rs. 1 lakh, or both, for each failure or contravention.
• Additional fines of up to Rs. 5,000 per day for ongoing violations are imposed, and if a violation persists for over a year, imprisonment may extend to 7 years.
• Section 19 allows any person, besides authorized government officials, to file a complaint with a court alleging an offense under the Act.
• The provision for a “Citizens’ Suit” requires the complainant to provide at least 60 days’ notice of the alleged pollution offense to the Central Government.

Rules for Hazardous Microorganisms/Genetically Engineered Organisms or Cells 1989

• Aim of ‘Rules 1989’ is to protect environment, nature, and health (biosafety) in connection with application of gene technology and micro-organisms.
• These rules cover areas of research as well as large scale applications of GMOs and their products including experimental field trials and seed production.
• The Rules 1989 also define the competent authorities and composition of such authorities for handling of various aspects of the Rules.
• Presently there are six committees:
  • Recombinant DNA Advisory Committee (RDAC): The functions are of an advisory nature. It recommends safety regulations for India in recombinant research, use and applications.
  • Review Committee on Genetic Manipulation (RCGM): Established under the Department of Biotechnology, Ministry of Science and Technology, to monitor the safety related aspects in respect of on-going research projects.
  • Genetic Engineering Appraisal Committee (GEAC): It is the statutory body constituted in the MoEF under ‘Rules 1989′, under the Environment Protection Act, 1986.
  • State Biotechnology Coordination Committee (SBCC’s): Have a major role in monitoring. It also has powers to inspect, investigate and take punitive action in case or violations of statutory provisions.
  • District Level Committees (DLCs): Have a major role in monitoring the safety regulations in installations engaged in the use of GMOs/hazardous microorganisms and its applications in the environment.
  • Institutional Biosafety Committee (IBSC): Is established under the institution engaged in GMO research to oversee such research and to interface with the RCGM in regulating it.

Environmental Impact Assessment (EIA)

• Environmental Impact Assessment (EIA) serves as a proactive tool to anticipate and address potential environmental impacts stemming from proposed developmental activities, while also proposing mitigation measures and strategies.
• EIA was initially introduced in India in 1978, focusing primarily on river valley projects, and later expanded to encompass various other developmental sectors.
• Under the provisions of the Environment (Protection) Act, 1986, EIA falls under the purview of the Notification on Environmental Impact Assessment (EIA) of developmental projects issued in 1994.
• In addition to EIA, the Government of India has issued several other notifications related to environmental impact assessment under the Environment (Protection) Act, 1986.
• Presently, EIA is mandatory for over 30 categories of projects, and Environmental Clearance (EC) is granted only after fulfilling EIA requirements.
• The authority responsible for granting Environmental Clearance, also known as the ‘go-ahead’ signal, is the Impact Assessment Agency within the Ministry of Environment and Forests, Government of India.
• The important aspects of EIA are:
  • risk assessment,
  • environmental management and
  • post product monitoring

Environment Management Plan

Delineation of mitigation measures including prevention and control for each environmental component and rehabilitation and resettlement plan.

Environmental Appraisal

• A dedicated Appraisal Committee established by the Ministry of Environment and Forests conducts an initial scrutiny of a project, reviewing the data provided by project authorities.
• If deemed necessary, the Ministry may also engage in consultations with investors and experts to address specific issues as they arise.
• Following a comprehensive evaluation of all project aspects, environmental clearance is granted contingent upon the implementation of prescribed environmental safeguards.
• For projects where proponents have submitted comprehensive information, a decision is typically reached within a timeframe of 90 days.

EIA of Coasts

• Coastal Zone Management Plans (CZMPs) are prepared by coastal states or Union Territories as per rules set by CRZ notification.
• CZMPs are prepared based on identification and categorization of coastal areas for different activities and then submitted to the MoEF for approval.

Single window clearance

• Projects necessitating both environmental clearance and approval under the Forest (Conservation) Act, 1980, must submit proposals for both simultaneously.
• Simultaneous processing occurs for clearance or rejection of both clearances.
• If the project does not entail the diversion of forestland, processing is solely conducted for environmental clearance.

The Main Participants Of EIA

• EIA applies to public and private sections. The six main players are:
  1) Those who propose the project.
  2) The environmental consultant who prepares EIA on behalf of project proponent.
  3) Pollution Control Board (State or National).
  4) Public has the right to express their opinion.
  5) The Impact Assessment Agency.
  6) Regional centre of the MoEF.

Benefits of EIA

• EIA intertwines environmental concerns with development to promote environmentally safe and sustainable progress.
• By enabling decision-makers to assess the environmental repercussions of developmental activities beforehand, EIA facilitates informed decision-making.
• It offers a cost-effective approach to mitigate or reduce the adverse effects of developmental projects.
• EIA promotes the adoption of mitigation strategies within the development plan.
• It ensures that the developmental plan aligns with environmental sustainability principles and remains within the ecosystem’s capacity for assimilation and regeneration.

Salient Features of 2006 Amendment to EIA Notification

Amendment to EIA Notification 2006

• To ramp up production of various drugs during the COVID-19 crisis, MoEF, has made an amendment to EIA Notification 2006.
• According to the amendment, all projects or activities in respect of bulk drugs and intermediates have been re-categorized from the existing Category ‘A’ to ‘B2’ category (Do not require EIA).
• Projects falling under Category B2 are exempted from requirement of collection of Base line data, EIA Studies and public consultation.
• The re-categorization of such proposals has been done to facilitate decentralization of appraisal to State Level so as to fast track the process.
• Until now, all offshore and onshore oil and gas exploration, development and production projects fell user ‘Category A’ treatment that require prior EIA environmental clearance from the Centre.
• MoEF has recently amended the EIA notification, 2006 to exempt both onshore and offshore drilling explorations by oil & gas firms from EIA environmental clearance (EC).
• The new amendments demote exploratory projects to the category of ‘B2’.
• This means the authority is with the states concerned and will not require an EIA.

EIA 2020 Notification Draft

• EIA 2020 Notification Draft is proposed by Union Government to amend the EIA Notification 2006.
• The draft notification defines three categories of projects namely A, B1 & B2 founded on the social & economic impact & geographical extent of these impacts.
• The notification envisages two kinds of approval:
  • prior environment clearance (EC) with the approval of expert committees
  • environmental permission or provision (EP) without the approval of expert committees.
• Almost 40 different projects such as clay & sand extraction or digging well or foundations of buildings, solar thermal power plants & common effluent treatment plants are exempted from prior EC or prior EP.
• Several projects such as all B2 projects, irrigation, production of halogens, chemical fertilisers, acids manufacturing, biomedical waste treatment facilities, building construction & area development, elevated roads & flyovers, highways, or expressways are exempted from public consultation.
• 40 projects were exempted from getting prior EC or environmental permission (EP).
• Sand deposits removal from agricultural field & community works are done away with prior EP or EC.
• According to the new draft construction of buildings below 150000 square meters (size of a small airport or stadium) do not require environmental clearance.
• The validity period of environmental clearance has been increased for mining, river valley & other projects & this section does not sync with the object of the notification or the parent act.

Wild Life (Protection) Act of 1972 (WPA, 1972)

The WPA (Wildlife Protection Act), 1972, provides for protection to listed species of flora and fauna and establishes a network of ecologically-important protected areas. The WPA empowers the central and state governments to declare any area a wildlife sanctuary, national park or closed area.

• The Wildlife Protection Act is administered by wildlife wardens and their staff.
• State governments have the authority to appoint Chief Wildlife Wardens.
• Directors and assistant directors may be appointed by the Central Government.
• The declaration of Sanctuaries and National Parks is facilitated by State Governments through notification, without the requirement for passing any specific law.
• Harming endangered species listed in Schedule I of the Act is prohibited throughout India.
• Hunting species, like those requiring special protection (Schedule II), big game (Schedule III), and small game (Schedule IV), is regulated through licensing.
• A few species classified as vermin (Schedule V), may be hunted without restrictions.
• Schedule VI which provides plant protections was added by amendment of 1991.
• No person is allowed to cultivate a specified plant mentioned in Schedule VI, except with a licence granted by the Chief Wildlife Warden.
• Schedule VI of the Act lists all 6 plants of Indian origin included in CITES appendices.
  • Beddomes’ cycad
  • Blue Vanda
  • Kuth
  • Ladies slipper orchids
  • Pitcher plant
  • Red Vanda
• WPA, 1972 is against taxidermy (preservation of dead wild animals as trophy or in the form of skins, antlers, horns, eggs, teeth or nails).

Amendments to Wild Life (Protection) Act of 1972 (WPA, 1972)

• The act has been amended 7 times so far 1982, 1986, 1991, 1993, 2002, 2006 & 2013.
• WPA amendment 1982: Introduced a provision permitting the capture and transportation of wild animals for the scientific management of animal population.
• WPA amendment 2002: It made punishment & penalty more stringent and Provides for National Board for Wildlife.
• WPA amendment 2006: Provides for National Tiger Conservation Authority and Wildlife Crime Control Bureau
• WPA amendment 2013: Provision of imprisonment up to 7 years and Protects hunting rights of Scheduled Tribes in Andaman & Nicobar Island.

Delineation of Powers under the Act

• Inside a National Park, human activity is prohibited except for activities permitted by the Chief Wildlife Warden of the State.
• The Chief Wildlife Warden has the authority to permit the hunting of any wild animal if it poses a danger to human life or is irreversibly disabled or diseased.
• Both State and Central Governments have the power to designate areas as National Parks and Wildlife Sanctuaries under the Act.
• The Central Government holds the authority to declare an area as a Sanctuary or National Park in situations where the State Government relinquishes control or transfers any area within a sanctuary to the Central Government.
• Alterations to boundaries can only be made by the State Government with prior approval from the National Board for Wildlife.
• The Central Government can designate any wild animal, excluding those specified in Schedule I & II, as Vermin through notification.
• Central Government may add or delete any entry to or from any Schedule or transfer any entry from one Part of a Schedule to another Part of the same Schedule or from one Schedule to another.

Note: Vermin – wild animals that are harmful to crops, animals, or which carry disease, e.g., rodents.

Central Zoo Authority (CZA)

Authority shall consist of:

• Chairperson (Environment Minister)
• Such numbers of members not exceeding 10 (appointed by central government)
• Member secretary

Functions:

• The Authority has the power to recognize or derecognize any zoo in the country, and operation of a zoo without recognition is prohibited.
• Guidelines and rules are established by the Authority for the transfer or exchange of animals among zoos, both nationally and internationally.
• Technical and financial assistance is provided by the Authority to zoos with the potential to achieve desired standards in animal management.
• Endangered species of wild animals are identified by the Authority for captive breeding purposes, and responsibility for this is assigned to specific zoos.

CZA is an affiliate member of the World Association of Zoos and Aquariums (WAZA), he “umbrella” organization for the world zoo and aquarium community founded in 1935 at Basel, Switzerland.

National Board for Wildlife (NBWL)

NBWL is a statutory body constituted under Wildlife (protection) Act 1972. It has power to review all wildlife-related matters and approve projects in and around national parks and sanctuaries. No alternation of boundaries in national parks and wildlife sanctuaries can be done without approval of the National Board for Wildlife.

Members:

• The National Board for Wildlife has 47 members with the Prime Minister in the Chair.
• The Minister in charge of the MoEF in GOI is the Vice-Chairperson.
• The Additional Director General of Forests (WL) & Director, Wildlife Preservation is the Member-Secretary.
• Other members include three Members of Parliament (two from Lok Sabha and one from Rajya Sabha), five NGOs and 10 eminent ecologists, conservationists, and environmentalists.

Wildlife Advisory Board (State Board for Wildlife – SBWL

• Wildlife Advisory Board is a statuary body of the state (UT) government.
• Advise the State Government in selection and administration of areas to be declared as Sanctuaries, National Parks, etc; formulation of the policy of protection and conservation of Wildlife and specified plants; any matter that may be referred to it by the State Government.

Indian Forest Act 1927 (IFA, 1927)

• The Indian Forest Act, 1927 was largely based on previous Indian Forest Acts implemented under the British. The most famous one was the Indian Forest Act of 1878.
• It provides legal framework for protection & management of forest & duty leviable on Timber.
• 1927 Act provides for procedure to be followed for declaring an area to be Reserve, Village or Protected Forest.
• Degree of protection: Reserved forests > Protected forests > Village forests
• Reserved Forests: Reserve forests are the most restricted forests and are constituted by the State Government on any forest land or wasteland which is the property of the Government. In reserved forests, local people are prohibited, unless specifically allowed by a Forest Officer in the course of the settlement.
• Protected Forests: The State Government is empowered to constitute any land other than reserved forests as protected forests over which the Government has proprietary rights and the power to issue rules regarding the use of such forests.
• Village forest: Village forests are the one in which the State Government may assign to ‘any village community the rights of Government to or over any land which has been constituted a reserved forest’.
• Forest Settlement Officer: The Forest Settlement Office is appointed by the State government, to inquire into and determine the existence, nature and extent of any rights alleged to exist in favour of any person in or over any land comprising a Reserved forest. He/she is empowered even to acquire land over which right is claimed.
• The Indian Forest (Amendment) Act, 2017: It amended the definition of tree to remove the word bamboos. It means, bamboo growing in non-forest areas will be waived off the requirement of permission for its felling or transportation for economic use.

Forest (Conservation) Act of 1980

• Enacted to consolidate forest-related laws, the Forest Act aims to regulate unchecked deforestation, the transit of forest products, and the duty levied on timber and other forest produce.
• Forest officers and their staff are responsible for administering the Forest Act.
• Prior approval from the Central Government is mandated under this Act for the diversion of forestlands for non-forest purposes.
• An Advisory Committee, established under the Act, provides advice to the Centre on these approvals.
• The Act categorizes forests into four categories: reserved forests, village forests, protected forests, and private forests.
• The 1992 Amendment introduced provisions allowing certain non-forest activities in forests, either without cutting trees or with limited cutting, subject to prior approval from the Central Government.

Biodiversity Act 2002

The Biological Diversity Act, 2002 was born out of India’s attempt to realise the objectives enshrined in the United Nations Convention on Biological Diversity (CBD) 1992 which recognizes the sovereign rights of states to use their own Biological Resources. The act was enacted in 2002, it aims at the conservation of biological resources, managing its sustainable use and enabling fair and equitable sharing benefits arising out of the use and knowledge of biological resources with the local communities.

Salient Features of the Act

• The Act establishes a National Biodiversity Authority (NBA), State Biodiversity Boards (SBBs), and Biodiversity Management Committees (BMCs) at the local level.
• NBA is endowed with powers akin to those of a civil court.
• NBA and SBBs are mandated to consult BMCs regarding decisions pertaining to the use of biological resources.
• Prior approval from NBA is required for foreign nationals or organizations to access biological resources and associated knowledge.
• Indian individuals or entities need NBA approval to transfer research results related to biological resources to foreign entities.
• Collaborative research projects and knowledge/resource exchanges are exempted if in accordance with Central Government policy guidelines.
• Indian citizens/entities, including traditional healers, have unrestricted access to use biological resources within the country for personal, medicinal, and research purposes.
• NBA imposes terms and conditions to ensure equitable benefit sharing when granting approvals.
• Prior NBA approval is necessary before seeking any form of Intellectual Property Rights (IPRs) for inventions based on research conducted on Indian biological resources.
• Monetary benefits, fees, and royalties resulting from NBA approvals are deposited in the National Biodiversity Fund (NBF).
• NBF is utilized for conservation and development of areas where resources are accessed, in consultation with relevant local self-governments.
• State Governments, in consultation with local self-governments, may designate National Heritage Sites significant for biodiversity conservation.
• Provisions exist for notifying items and areas for exemption, ensuring that normally traded commodities are excluded to prevent adverse trade effects.

National Green Tribunal Act, 2010

• The Parliament of India passed an act to establish the National Green Tribunal (NGT), aimed at expeditiously resolving cases related to environmental issues.
• This act was framed in accordance with Article 21 of the Indian Constitution, which guarantees citizens the right to a healthy environment.
• The NGT’s specialized framework enables swift resolution of environmental disputes, thereby supporting the implementation of sustainable development initiatives.
• The NGT is mandated to resolve cases within a timeframe of six months from the date of appeal.
• The NGT operates through its Principal Bench located in New Delhi, along with regional benches in Pune (Western Zone), Bhopal (Central Zone), Chennai (Southern Zone), and Kolkata (Eastern Zone).

Members of NGT

• The sanctioned strength of the tribunal is currently 10 expert members & 10 judicial members although the act allows for up to 20 of each.
• The Chairman of the tribunal is required to be a serving or retired Chief Justice of a High Court or a judge of the Supreme Court of India.
• The Chairman of the tribunal also serves as a judicial member.
• Every bench of tribunal must consist of at least 1 expert member & 1 judicial member.

Jurisdiction and Powers

• The Tribunal has Original Jurisdiction on matters of “substantial question relating to environment” (i.e. a community at large is affected, damage to public health at broader level) & “damage to environment due to specific activity” (such as pollution).
• The Tribunal’s orders are binding, and it has power to grant relief in the form of compensation & damages to affected persons.
• While passing Orders/decisions/awards, the NGT will apply the principles of
  • sustainable development
  • the precautionary principle
  • the polluter pays principles.
• The NGT has the power to hear all civil cases (not criminal) relating to environmental issues & questions that are linked to the implementation of laws listed in Schedule I of the NGT Act.
• These include the following:
  • The Water (Prevention & Control of Pollution) Act, 1974;
  • The Water (Prevention & Control of Pollution) Cess Act, 1977;
  • The Forest (Conservation) Act, 1980;
  • The Air (Prevention & Control of Pollution) Act, 1981;
  • The Environment (Protection) Act, 1986;
  • The Public Liability Insurance Act, 1991;
  • The Biological Diversity Act, 2002.

Note: NGT has not been vested with powers to hear any matter relating to:

• Wildlife (Protection) Act, 1972.
• Indian Forest Act, 1927
• Various laws enacted by states relating to forests, tree preservation etc.

Coastal Regulation Zone (CRZ) Rules

• In 1991, the Coastal Regulation Zone (CRZ) was established, encompassing coastal areas influenced by tidal action such as seas, bays, estuaries, creeks, rivers, and backwaters.
• Initially, the regulation zone was defined as extending up to 500 meters from the high-tide line, as per the rules established in 1991.
• The enforcement and monitoring of the CRZ Notification are overseen by the National Coastal Zone Management Authority (NCZMA) at the national level and State Coastal Zone Management Authorities (SCZMA) at the state level.
• State governments are responsible for implementing CRZ regulations through their respective SCZMAs. They are required to develop coastal zone management plans aligned with central rules.
• Under Section 5 of the Environmental (Protection) Act, 1986, these authorities have been granted powers to undertake various measures aimed at safeguarding and enhancing the quality of the coastal environment.
• The Union Environment Ministry is tasked with formulating CRZ Rules, which serve as the regulatory framework governing coastal development and conservation efforts.

Coastal Regulation Zone (CRZ) Rules 2011

• Despite several amendments, states found the 1991 CRZ Rules to be extremely restrictive.
• The 1991 Rules also created hurdles for industrial and infrastructure projects such Navi Mumbai.
• The Centre notified fresh CRZ Rules in 2011, which addressed some concerns.

Classifications of Coastal Zones under CRZ Notification 2011

CRZ-I: Ecologically sensitive areas like mangroves, coral reefs, biosphere reserves etc.

• In CRZ-I, new construction is strictly prohibited except for specific projects such as those affiliated with the Department of Atomic Energy and the construction of trans-harbour sea links and roads that do not disrupt tidal water flow between the Low Tide Line (LTL) and High Tide Line (HTL).
• Between the Low Tide Line and High Tide Line in non-ecologically sensitive areas, certain activities may be permitted, including:
  • Exploration and extraction of natural gas
  • Construction of essential infrastructure such as schools and roads for traditional inhabitants residing within biosphere reserves
  • Salt harvesting through solar evaporation of seawater
  • Establishment of desalination plants
  • Storage of non-hazardous cargo, like edible oil and fertilizers, within designated ports.

CRZ-II: Areas which are developed up to the shoreline and falling within the municipal limits; includes built-up area – villages and towns are that are already well established.

• Buildings are permissible on the landward side of the hazardous line.
• Other activities such as desalination plants are also permissible.
• Some construction is permitted only as per guidelines specified by the notification.

CRZ-III: Areas that are relatively undisturbed and do not fall under either in Category I or II and also include rural and urban areas that are not substantially developed.

• Within the 0-200 meter zone from the High Tide Line (HTL), designated as the No Development Zone, no construction is allowed.
• Permissible activities in this zone include agriculture, forestry, projects of the Department of Atomic Energy, mining of rare minerals, salt manufacturing, regasification of petroleum products, utilization of non-conventional energy sources, and certain public facilities.
• In the 200-500 meter zone from the HTL, activities permitted in the 0-200 meter zone remain applicable.
• Additionally, construction of houses for local communities and tourism projects is allowed within this zone.

CRZ-IV: The aquatic area from low tide line up to territorial limits is classified as CRZ-IV including the area of the tidal influenced water body.The aquatic area from low tide line up to territorial limits is classified as CRZ-IV including the area of the tidal influenced water body.

• The activities impugning on the sea and tidal influenced water bodies will be regulated except for traditional fishing and related activities undertaken by local communities.
• No untreated sewage, effluents, pollution from oil drilling shall be let off or dumped.

Coastal Regulation Zone (CRZ) Notification 2018

• In CRZ-II (Urban) areas, FSI norms were frozen as per the 1991 Development Control Regulation (DCR) levels. However, in the CRZ 2018 Notification, these norms have been de-frozen, allowing for the implementation of FSI for construction projects to facilitate redevelopment in these areas to meet emerging needs.
• New categories have been introduced for densely populated rural areas:
  • CRZ-III A: These areas have a population density of 2161 per square kilometer as per the 2011 Census. They will have a reduced No Development Zone (NDZ) of 50 meters from the High Tide Line (HTL) compared to the 200 meters stipulated in the CRZ Notification, 2011.
  • CRZ-III B: Rural areas with a population density below 2161 per square kilometer as per the 2011 Census. These areas will continue to maintain an NDZ of 200 meters from the HTL.
• Temporary tourism facilities like toilet blocks, change rooms, and drinking water facilities are now permitted on beaches, with a minimum distance of 10 meters from the HTL required for setting up such facilities.
• CRZ clearances have been streamlined:
  • Projects/activities located in CRZ-I (Ecologically Sensitive Areas) and CRZ IV (area between Low Tide Line and 12 Nautical Miles seaward) require clearance from the Ministry of Environment, Forest and Climate Change.
  • For CRZ-II (urban) or CRZ III (rural) areas, CRZ clearance will be considered at the state level by the Coastal Zone Management Authority (CZMA).
• A No Development Zone (NDZ) of 20 meters has been stipulated for islands close to the mainland coast and all Backwater Islands in the mainland.
• Specific guidelines for the conservation and management plans of Ecologically Sensitive Areas have been incorporated into the CRZ Notification.
• Pollution abatement measures have been introduced, permitting treatment facilities in CRZ-I B areas (between the Low Tide Line and High Tide Line) subject to necessary safeguards.
• Defense and strategic projects are exempted from CRZ regulations.