Coastal Regulation Zone Restrictions for setting up and expansion of Industries | Labour Law News

Coastal Regulation Zone Restrictions for setting up and expansion of Industries

By

Amendment in Coastal Regulation Zone Notification 2011

Coastal Regulation Zone Restrictions for setting up and expansion of Industries

Ministry Of Environment, Forest and Climate Change issued gazette Notification dated 6th March, 2018 regarding

S.O. 1002(E).—WHEREAS by notification of the Government of India in the Ministry of Environment and Forests number S.O.19 (E), dated the 6th January, 2011 (hereinafter referred to as the Coastal Regulation Zone Notification, 2011), the Central Government 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 various stakeholders including State Governments regarding extension of validity of clearance issued under Coastal Regulation Zone notification and for consideration of post facto clearance under in the said notification;

AND WHEREAS, the National Coastal Zone Management Authority in its 32nd meeting held on 1st November,2017 had also decided that the above-mentioned issues need consideration;

AND WHEREAS, the Central Government taking into account the above, proposes to make the following amendments to the Coastal Regulation Zone Notification, 2011;

AND WHEREAS, the Central Government, having regard to the provisions of sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986, 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 said rules for amending the said Coastal Regulation Zone Notification, 2011.

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 further amendments in the Coastal Regulation Zone Notification, 2011, namely:-

  1. in sub-paragraph 4.2, for clause (v), the following clause shall be substituted, namely:-

“(v) The clearance accorded to the projects under this notification shall be valid for a period of seven years from the date of issue of such clearance:

Provided that the construction activities shall commence within a period of five years from the date of the issue of clearance and the construction be completed and the operations be commenced within seven years from the date of issue of such clearance:

Provided further that the period of validity may be extended for a maximum period of three years in case an application is made to the concerned authority by the applicant within the validity period, along with recommendation for extension of validity of the clearance by the concerned State / Union Territory Coastal Zone Management Authority”;

  1. after sub-paragraph 4.2, the following sub-para shall be inserted, namely: –

“4.3 Post facto clearance for permissible activities.-

(i) all activities, which are otherwise permissible under the provisions of this notification, but have commenced construction without prior clearance, would be considered for regularisation only in such cases wherein the project applied for regularization in the specified time and the projects which are in violation of CRZ norms would not be regularised;

(ii) the concerned Coastal Zone Management Authority shall give specific recommendations regarding

regularisation of such proposals and shall certify that there have been no violations of the CRZ regulations, while making such recommendations;

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]

(iii) such cases where the construction have been commenced before the date of this notification without the requisite CRZ clearance, shall be considered only by Ministry of Environment, Forest and Climate Change, provided that the request for such regularisation is received in the said Ministry by 30th June,2018.

[F. No. 19-27/2015-IA-III]

RITESH KUMAR SINGH, Jt. Secy.

Note : The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii),vide number S.O. 19 (E), dated the 6th January, 2011 and subsequently amended as follows: –

  1. S.O. 2557 (E), dated the 22nd August, 2013;
  2. S.O. 1244 (E), dated the 30th April, 2014;
  3. S.O. 3085 (E), dated the 28th November, 2014;
  4. S.O. 383 (E), dated the 4th February, 2015;
  5. S.O. 556 (E), dated the 17th February, 2015;
  6. S.O. 938 (E), dated the 31st March, 2015;
  7. S. O. 1599 (E), dated the 16th June, 2015;
  8. S. O. 3552 (E) dated the 30th December, 2015;
  9. S. O. 1212 (E), dated the 22nd March, 2016;
  10. S.O. 4162(E), dated 23rd December, 2016;
  11. S.O. 621(E), dated 23rd February, 2017;
  12. S.O. 1393 (E), dated 3rd May, 2017;
  13. S.O. 2444 (E), dated 31st July, 2017; and
  14. G.S.R 1227(E), dated 06th October, 2017.

To download detail notification click below

  Amendment-in-Coastal-Regulation-Zone-Notification-2011.pdf (26 downloads)

Source: The Gazette of India

Leave a Comment

Your email address will not be published.

You may also like