Module – II- Environmental Laws & Regulations in India

Environmental Legislations in India:

• The Wildlife Protection Act, 1972; The Water (Prevention and
control of Pollution) Act 1974; The Forest Conservation Act,
1980. The Air (Prevention & Control of Pollution) Act 1981; The
Environment Protection Act, 1986
Regulations:
• Environmental Impact Assessment – Concept, Need for EIA;
Background and History of EIA, EIA Notification, Draft EIA -
2019, Steps in EIA, and Benefits of EIA
• Coastal Regulation Zone (CRZ) – Introduction, Background
and Objectives; Coastal Regulation Zone Notification 2011 &
2019; Challenges in implementation.

Environmental Legislations in India

1. What is an Environmental Legislation?
Environmental laws are an important part of governance body. It comprises a set of laws and
regulations concerning air quality, water quality, and other aspects of the environment.
Environmental legislation is a set of laws and regulations, which aim at protecting
the environment from harmful actions.
Legislation may take many forms, including regulation of emissions that may lead to environmental
pollution, taxation of environment - and health-damaging activities, and establishing the legal
framework for trading schemes, for example, carbon emissions. The environmental laws in India are
a direct reflection of what envisaged in the constitution. The need for protection and conservation of
the environment and sustainable use of natural resources reflected in the constitutional framework of
India and in the international commitments of India.

2. Need for Environmental Legislation

In the recent past, numerous environmental problems have been threatening for human welfare. An
important aspect of environmental problems is that their impact is not confined to the source area but
spills over far and wide area. Effective legislation is needed in order to prevent misuse and degradation

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of the environment. To curb the destructive practices of people, forest mafia groups, poachers,
polluters and over exploitation of environmental resources, effective legislation is necessary. Pollution
is an important factor, and it does not observe political territories or legislative jurisdictions. Thus,
environmental problems are basically global in nature. Therefore, to prevent such problems
environmental legislation required not only at the national level but also at the international level.
Well-developed framework came only after the UN Conference on the Human Environment
(Stockholm, 1972). Under the influence of this declaration, the National Council for Environmental
Policy and Planning within the Department of Science and Technology was set up in 1972. This Council
later evolved into a full-fledged Ministry of Environment and Forests (MoEF) in 1985 which today is
the apex administrative body in the country for regulating and ensuring environmental protection.
Since the 1970s an extensive network of environmental legislation has grown in the country. The MoEF
and the pollution control boards (CPCB i.e., Central Pollution Control Board and SPCBs i.e., State
Pollution Control Boards) together form the regulatory and administrative core of the sector.

Environmental Legislation in India:

Articles 48-A and 51-A. Clause (g):
Initially, the Constitution of India had no direct provision for environmental protection. Global
consciousness for the protection of environment in the seventies, Stockholm Conference and increasing
awareness of the environmental crisis prompted the Indian Government to enact 42nd Amendment to
the Constitution in 1976.
The Constitution was amended to introduce direct provisions for protection of environment. This 42nd
Amendment added Article 48-A to the Directive Principles of State Policy.
Article48-A: The Article states: “The State shall endeavour to protect and improve the environment
and to safeguard the forests and wildlife of the country.” The said amendment imposed a
responsibility on every citizen in the form of Fundamental Duty.
Article 51-A, Clause (g): Article 51-A (g) which deals with Fundamental Duties of the citizens states:
“It shall be the duty of every citizen of India to protect and improve the natural environment including
forests, lakes, rivers and wildlife and to have compassion for living creatures.” Thus, protection and
improvement of natural environment is the duty of the State (Article 48-A) and every citizen (Article
51- A (g)).
There are a number of environmental acts enacted in India. Existing Indian environmental legislations
can be grouped in following four categories: a) Water Acts, b) Air Acts, c) Forest and Wildlife, Acts
and d) General Acts. Some of the important legislations in this respect are −
• Wildlife Protection Act, 1972
• Water (Prevention and Control of Pollution) Act, 1974
• Forest (Conservation) Act, 1980
• The Air (Prevention and Control of Pollution) Act, 1981
• Environmental Protection Act, 1986
• Handling and Management of Hazardous Waste Rules, 1989

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 • The National Environmental Tribunal Act, 1995
• The Biological Diversity Act, 2002
• Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 (FRA)
• The National Green Tribunal Act, 2010
• Compensatory Afforestation Fund Act, 2016, etc.

1. The Wildlife (Protection) Act, 1972

The Government of India enacted Wild Life (Protection) Act 1972 with the objective of effectively
protecting the wild life of this country and to control poaching, smuggling and illegal trade in wildlife
and its offshoots.
The Act was amended in January 2003 and punishment and penalty for offences under the Act
have been made more stringent. The objective is to provide protection to the listed endangered flora
and fauna and ecologically important protected areas.

Objectives:
• To maintain essential ecological processes and life supporting systems.
• To preserve the biodiversity
• To ensure protection and conservation of wild life.
• To provide regulations for hunting wild animals and birds
• To establish sanctuaries and national parks, tiger reserves
• To provide regulations for trade in wild animals, animal products and trophies, and
• To judicially impose penalties for violating the Act

Key Features:
• Harming endangered species listed in Schedule 1 of the Act is prohibited throughout India.
• Hunting species, like those requiring special protection, big game (hunting of large animals for
meat, for other animal by-products or for trophy or for sport) and small game is regulated
through licensing.
• Prohibition of Hunting endangered species of animals.
• Prohibiting picking and uprooting of specified plants.
• A few species classified as vermin (pest/insect) as per Schedule - V, may be hunted without
restrictions.
• Wildlife wardens and their staff administer the act.
• An amendment to the Act in 1982, introduced a provision permitting the capture and
transportation of wild animals for the scientific management of animal population.
• Several conservation projects for individual endangered species like lion (1972), tiger (1973),
crocodile (1974) and brown antlered deer (1981) were started under this act.

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Penalties and Fine for violation of the provisions:
A person violating any provision of this act shall be punished with imprisonment or a fine or both.
Any person who contravenes any provision of this Act will fact following fine and penalties;
a) imprisonment for a term which may extend to three years or with fine which may extend to
twenty-five thousand rupees or both
b) offence related to hunting in a sanctuary or a National Park or altering the boundaries of a
sanctuary or a National Park, shall be punishable with imprisonment for a term which shall not
be less than three years but may extend to seven years and also with fine which shall not be less
than ten thousand rupees
c) offence related to hunting in the tiger reserve or altering the boundaries of the tiger reserve,
shall be punishable on first conviction with imprisonment for a term which shall not be less
than three years but may extend to seven years, and also with fine which shall not be less than
fifty thousand rupees but may extend to two lakh rupees; and in the event of a second or
subsequent conviction with imprisonment for a term of not less than seven years and also with
fine which shall not be less than five lakh rupees but may extend to fifty lakh rupees.
d) in case of an offence against this Act, the court may order that any captive animal, wild animal,
meat, ivory imported into India or an article made from such ivory, any specified plant, or part
and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be
forfeited to the State Government and that any license or permit, held by such person under the
provisions of this Act, be cancelled.
e) or possession of any arm with which an offence against this Act has been committed, shall be
cancelled and that such person shall not be eligible for a license.

Other Provisions:
1) State Govts have to seek prior permission of the Supreme Court before submitting the
proposal for diversion of forest land in National Park, sanctuaries
2) In accordance with Wildlife (Protection) Amendment Act, 2002 “no alternation of boundaries
/ national park / sanctuary shall be made by the state govt. Except on recommendation of the
National Board for Wildlife (NBWL)”.
3) Only after permission of de-reservation / denotification of Wildlife Sanctuary /National Park
for hydro project has been accorded by Standing Committee of NBWL and is ratified by
Hon’ble Supreme Court, such proposal for de-reservation/ de-notification can such project be
entertained by Ministry of Environment and Forest, GOI
4) The central government may appoint a Director of wildlife preservation, Assistant Director of
wildlife preservation and other required officers and employees.
5) The state government may appoint a Chief Wildlife warden, Wildlife wardens and other
required officers and employees.

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 6) The state government or union territory may constitute a Wildlife Advisory Board. It advises
the state government about selection of areas to be declared as sanctuaries and national parks
formulation of the policy for protection and conservation of wildlife and specified plants.
7) The Chief Wildlife Warden may grant permission to any person on payment of the prescribed
fee, allowing him to hunt any wild animal for the purpose of education, scientific research,
collection of specimens and collection of snake venom for the manufacture of life saving drugs.
8) The central government shall constitute a body to be known as Central Zoo Authority for taking
care of the animals kept in a zoo, assessment of the functioning of the zoos and identification of
endangered species of wild animals for the purpose of captive breeding.

2. Water (Prevention and Control of Pollution) Act, 1974

The Water (Prevention and Control of Pollution) Act was enacted in 1974. The main objectives of the
Water Act are to provide for the prevention and control of water pollution, and for the
maintaining or restoring of wholesomeness of water in the country.
The Water (Prevention and Control of Pollution) Act, 1974, defines water pollution, as the direct
or indirect discharge of sewage, industrial effluents or any liquid, gaseous or solid substance into water
which alters the physical, chemical or biological properties of water to make it harmful or injurious to
public health and health of animals or of aquatic organisms’

Objectives:
a) Prevention and control of water pollution
a) Maintaining or restoring healthy and hygienic water.
b) Establishment of Central board and State board for the prevention and control of water
pollution.

Key Features:
The Water Act, 1974 is an extensive legislation with more than sixty sections for the prevention and
control of water pollution. Among other things, the Act provides for;

1) constitution of Central and State Pollution Control Boards for preventing water pollution,
2) empowers boards to take water samples and their analysis, discharge of sewage or trade
effluents (liquid waste discharged from premises being used for a business, trade or industrial
process)
3) appeals, revision, minimum and maximum penalties
4) publication of names of offenders, cognizance of offences by companies and Government
departments
5) water laboratories, analysis etc.
6) Prevention and control of water pollution is achieved through a permit or ‘consent
administration’ procedure. Discharge of effluents is permitted by obtaining the consent of the
State Water Board, subject to any condition they specify.

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Penalties and fines
Section 42 of the of the Water (Prevention & Control of Pollution) Act, 1974 states penalties and fines.
Whoever contravenes any of the provisions of this Act or fails to comply with any order or direction
given under this Act, for which no penalty has been elsewhere provided in this Act, shall be
punishable with imprisonment which may extend to three months or with fine which may extend
to ten thousand rupees or with both, and in the case of a continuing contravention or failure, with an
additional fine which may extend to five thousand rupees for every day during which such
contravention or failure continues after conviction for the first such contravention or failure.

Provisions of the act: (Central Water Pollution Control Board):

a) To lay down standards for streams and wells and to promote their cleanliness.
b) To advise and provide technical assistance to the central government on matters
concerning the prevention and control of water pollution.
c) To prepare manuals or guides for treatment and disposal of sewage and industrial
effluents and to establish or recognize laboratories for analysis of water samples.

Provisions of the act: (State Water Pollution Control Board)

1) Planning a comprehensive programme for prevention, control and abatement of
pollution of streams and wells.
2) Advising the state government regarding water pollution control or location of
industries.
3) Conducting and encouraging research relating to different aspects of water pollution.
4) To collaborate with the central water board for training personnel for handling water
pollution programmes.
5) Inspecting industrial effluents and waste water treatment plants.
6) Evolving economical and reliable methods of disposal, treatment and reuse of waste
water in agriculture.
7) Laying down the standards of treatment of sewage and industrial effluents to be
discharged into any stream.
8) Establishing or recognizing laboratories for analysis of water samples.

Powers of the board:

a) The water pollution control board officers have the power to take samples of water of
any stream or well or effluents discharged from the industry for analysis.
b) Without the proper consent of the water pollution control board, no person shall
establish any industry which is likely to discharge any sewage or effluents into stream or
well or on land.

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3.The Water (Prevention and Control of Pollution) Cess Act, 1977
The Water (Prevention and Control of Pollution) Cess Act was enacted in 1977, to provide for the
charge and collection of a cess on water consumed by persons operating and carrying on certain types
of industrial activities. This cess is collected with a view to augment the resources of the Central Board
and the State Boards for the prevention and control of water pollution constituted under the Water
(Prevention and Control of Pollution) Act, 1974. The Act was last amended in 2003.
According to Water Pollution Cess Act, 1977, anyone consuming water has to pay certain amount of
cess depending on:

• Whether the industry is using water for industrial cooling, spraying in mine pits or boilers feed,
• For domestic purposes.
• In processing, whereby water gets polluted and pollutants are easily biodegradable.
• In processing whereby, water gets polluted and the pollutants are not easily biodegradable and
are toxic.
Those industries that had installed a suitable treatment plant for the treatment of industrial
effluents can get a rebate of 70 per cent on the cess payable.

The Water (Prevention and Control of Pollution) Act amendment 1988

The Act was amended in 1988. The government formulated this act to prevent the pollution of water
by industrial, agricultural and household waste water that can contaminate our water sources. Waste
waters with high levels of pollutants that enter wetlands, rivers, lakes, wells as well as the sea are
serious health hazards. It is designed to assess pollution levels and punish polluters. The Central
Government and State Government have set up Pollution Control Boards to monitor water pollution.

4. The Forest (Conservation) Act, 1980

The Forest Conservation Act, 1980 was enacted to control deforestation; it ensured that forestlands
could not be de-reserved without prior approval of the Central Government. This was created as some
states had begun to de-reserve the Reserved Forests for non-forest use. These states had regularized
encroachments and resettled ‘Project Affected People’ from development projects such as dams in
these de-reserved areas. The need for a new legislation became urgent. The Act made it possible to
retain a greater control over the frightening level of deforestation in the country and specified penalties
for offenders The Act came into force on the 25th day of October, 1980.

Objectives:
a) Protection and conservation of forests.
b) To ensure judicious use of forest products.

Provisions:
1) Restriction on the de-reservation of forests or use of forest land for non-forest
purpose.

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2) This act was enacted with a view to check indiscriminate diversion of forest land to non-forest
purposes.
3) Under this act prior approval of central government is required before any reserved forest is
declared as de-reserved or forest land is diverted to non-forest purposes.
4) If diversion is permitted, compensatory afforestation is raised over equivalent area of non-forest
lands.
5) According to this act six regional offices have been set up for monitoring forest conservation
matters by department of environment, forests and wildlife.
6) No State Government or other authority shall make, except with the prior approval of the Central
Government, any order directing that –
• any forest land or any portion thereof may be used for any non-forest purpose; "non-forest
purpose" means the cultivation of tea, coffee, spices, rubber, palms, oilbearing plants,
horticultural crops or medicinal plants and any purpose other than reforestation.
• any forest land or any portion thereof may be assigned by way of lease or otherwise to any
private person or to any authority, corporation, agency or any other organisation not owned,
managed or controlled by Government;
7) any forest land or any portion thereof may be cleared of trees which have grown naturally in that
land or portion, for the purpose of using it for reforestation.
8) Any work relating or related to conservation, development and management of forests and
wildlife, namely, the establishment of check-posts, fire lines, wireless communications and
construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary
marks, pipelines or other like purposes are out of the restriction.

Powers of the central government:

a) The land that has been notified or registered and mentioned in government records as forest land,
may not be used for non-forest purpose. If the state government wants to convert the forest land
into non forest purpose, it should get prior permission from the central government.
b) The state forest department should not have power to provide lease any forest land to any person
or agency or organization without prior approval of central government.
c) This act also prohibits the cutting of naturally grown trees in the forest land for the purpose of
reforestation.

Constitution of Advisory Committee

The Central Government may constitute a Committee consisting of such number of persons as may
deem fit to advise that Government with regard to the grant of approval and any other matter
connected with the conservation of forests which may be referred to by the Central Government.

a. Penalty and punishment

i. Penalties for offences in Reserved Forests:

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 No person is allowed to make clearing or set fire to a reserved forest. Cattle are not permitted
to trespass into the reserved forest. Cutting, collecting of timber, bark or leaves, quarrying or collecting
any forest products is punishable with imprisonment for a term of six months or with a fine which
may extend to Rs. 500 or both.

ii. Penalties for offences in protected Forests:

A person who commits any of the following offences like cutting of trees, stripping the bark or
leaves of trees, set fire to such forests or permits cattle to damage any tree, shall be punishable with
imprisonment for a term which may extend to six months or with a fine which any extend to Rs. 500
or both. Any forest officer even without an order from the magistrate or a warrant can arrest any
person against whom a reasonable suspicion exists.

iii. Penalty for contravention of the provisions of the Act.

Whoever violates any of the provisions of Section 2, shall be punishable with simple
imprisonment for a period which may extend to fifteen days.

iv. Offences by the Authorities and Government Departments.

Where any offence under this Act has been committed by any department of Government, by
any authority, any person/s in-charge at the time the offence was committed or responsible for it shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and punished
accordingly.

b. Power to make rules.

The Central Government may, by notification in the Official Gazette, makes rules for carrying out the
provisions of this Act.

5. The Air (Prevention and Control of Pollution) Act, 1981

The Central Government used Article 253 to enact this law and made it applicable throughout
India. This Act defines air pollutant as ‘any solid, liquid or gaseous substance (including
noise) present in the atmosphere in such concentration as may be or tend to be injurious to
human beings or other living creatures or plants or property or environment’.
The Government passed this Act in 1981 to clean up our air by controlling pollution. It states
that sources of air pollution such as industry, vehicles, power plants, etc., are not permitted to release
particulate matter, lead, carbon monoxide, sulphur dioxide, nitrogen oxide, volatile organic
compounds (VOCs) or other toxic substances beyond a prescribed level.
This Act is created to take appropriate steps for the preservation of the natural resources of the
Earth which among other things includes the preservation of high-quality air and ensures controlling
the level of air pollution.

Objectives:

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 a) To provide for the prevention, control and abatement of air pollution.
b) Maintaining the quality of air
c) To provide for the establishment of Central Pollution Control Board and State Pollution Control
Boards with a view to implement the Act.
d) To confer on the Boards the powers to implement the provisions of the Act and assign to
the Boards functions relating to pollution.

Key Features:
It is a comprehensive legislation with more than fifty sections. It makes provisions, among
others, for;
• power to declare pollution control areas,
• restrictions on certain industrial units,
• authority of the Boards to limit emission of air pollutants,
• power of entry, inspection, taking samples and analysis,
• penalties, offences by companies and Government and cognizance of offences etc.

Powers and Functions of the Boards under The Air Act:

Central Pollution Control Board:
• The main function of the Central Board is to implement legislation created to improve the
quality of air and to prevent and control air pollution in the country.
• The-Board advises the Central Government on matters concerning the improvement of air
quality.
• Coordinates activities, provides technical assistance and guidance to State Boards.
• Lays down standards for the quality of air.
• It collects and disseminates information in respect of matters relating to air pollution and
performs functions as prescribed in the Act.

State Pollution Control Boards:

• Have the power to advise the State Government on any matter concerning the prevention and
control of air pollution.
• Have the right to inspect any control equipment, industrial plant, or manufacturing process and
give orders to take the necessary steps to control pollution.
• The presence of pollution beyond certain Limits due to various pollutants discharged through
industrial emission is monitored by the State PCBs set up in every state.
• The Act specifically empowers State Government to designate air pollution areas and to
prescribe the type of fuel to be used in these designated areas.
• According to this Act, no person can operate certain types of industries including the asbestos,
cement, fertilizer and petroleum industries without consent of the State Board.
• They are expected to inspect air pollution control areas at intervals or whenever necessary.

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 • They are empowered to provide standards for emissions to be laid down for
different industrial plants with regard to quantity and composition of emission of air
pollutants into the atmosphere.
• A State Board may establish or recognize a laboratory to perform this function.
• Give instructions to ensure standards of emission from automobiles and restriction
on use of certain industrial plants.
• The particulate matter and gases that are released by industry and by cars, buses
and two wheelers is measured by using air-sampling equipment. The Board can grant
its consent upon the fulfilment of certain conditions.

Penalties:
a) The persons managing industry are to be penalized if they produce emissions of air pollutants
in excess of the standards laid down by the State Board.
b) The Board also makes applications to the court for restraining persons causing air pollution.
c) Whoever contravenes any of the provision of the Act or any order or direction issued is
punishable with imprisonment for a term which may extend to three months or with a fine of
Rs. 10,000 or with both, and in case of continuing offence with an additional fine which may
extend to Rs 5,000 for every day during which such contravention continues after conviction for
the first contravention.

6. The Environmental (Protection) Act, 1986 [EPA]

The Environment (Protection) Act was enacted in the year 1986. The Act is one of the most
comprehensive legislations relating to protection and improvement of environment. This act defines
environment as ‘water, air and land and the interrelationship which exists among and between water,
air and land, and human beings, other living creatures, plants, micro- organism and property’.
It defines hazardous substance as ‘any substance or preparation which, by reasons of its chemical or
physiochemical properties or handling, is liable to cause harm to human beings, other living creatures,
plants, micro-organism, property or the environment’.
From time-to-time various legislations have been enacted in India for prevention of pollution and
protection of air, water and living organisms. However, all legislations prior to the 1986 were more
specific in nature and concentrated on a more specific type of pollution and specific categories of
hazardous substances. However, the 1986 Act was a general legislation enacted under Article 253 of
the Constitution, adhering to international obligations of India. India was a signatory to the Stockholm
Conference of 1972 where the world community had resolved to protect and enhance the environment.

Objectives
The main objective of the Act was to provide the protection to and improvement of environment and
for matters connected therewith. Other objectives of implementation of the EPA are:
• To implement the decisions made at the UN Conference on Human Environment held at
Stockholm in June, 1972.

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 • To enact a general law on the areas of environmental protection which were left uncovered by
existing laws.
• To co-ordinate activities of the various regulatory agencies under the existing laws
• To provide for the creation of an authority/authorities for environmental protection
• To provide a preventive punishment to those who endanger human environment.

Powers of Central Government to take measures, Protect and Improve Environment

According to the provisions of the Act, the Central Government shall have the power to take all such
measures as it thinks necessary or useful for the purpose of protecting and improving the quality of
the environment and for preventing and controlling environmental pollution.

Chapter III of the EPA deals with prevention, Control and abetment of Environmental
Pollution. Some important provisions of this chapter are;
• No person carrying on any industry, operation or process shall discharge or emit any
environmental pollutant in excess of such standards as may be prescribed.
• No person shall handle any hazardous substance except in accordance with procedure and after
complying with safe guards as may be prescribed.
• Where the discharge of any environmental pollutant in excess of the prescribed standards
occurs or is suspected to occur due to any accident or other unforeseen act or event, the person
responsible for such discharge and the person in charge of the place at which the discharge
occurs shall be bound to prevent or mitigate the environmental pollution
• The person responsible will intimate the fact of such occurrence or apprehension of such
occurrence. And is bound to render all assistance if called upon.
• The expenses incurred by any authority or agency may be recovered from the person concerned.

Penalties:
A. Section 15 provides for Penalties for violating of the provisions of the Act as well as the
Rules, Orders and Directions.
• Whoever fails to comply with or contravenes any of the provisions, rules, orders or directions
of this Act shall be punishable with imprisonment for a term which may extend to five years
or with fine which may extend to one lakh rupees, or with both. In case the failure or
contravention continues, with additional fine which may extend to five thousand rupees for
every day during which such failure or contravention continues.
• If the failure or contravention continues beyond a period of one year after the date of conviction,
the offender shall be punished with imprisonment for a term which, may extend to seven years.

B. Offences by Companies are dealt with under Section16

• Where any offence is committed by a company, every person who, at the time the offence was
committed, was directly in charge of, and was responsible to, the company for the conduct of
the business of the company shall be believed to be guilty of the offence.\

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 • Where the offence has been committed with the consent or connivance of or is attributable to
any neglect on part of, any director, manager, secretary or other officer of the company, such
person shall be deemed to be guilty of the offence.

C. As per the provisions of Section 19 of the EPA, no court shall take cognizance of any
offence under this Act except on a complaint made by:
• (a) the central Government or any authority or officer authorized in this behalf by that
Government; or
• (b) any person who has given notice of not less than 60 days of the alleged offence and his
intention to make a complaint, to the Central Government or the authority or officer authorized.

D. Section 22 provides that no civil court shall have jurisdiction to entertain any suit or proceeding
in respect of anything done, action taken or order or direction issued by the Central Government or
any other authority or officer in pursuance of any power conferred under the Act.

The National Environment Appellate Authority

The National Environment Appellate Authority (NEAA) was set up under EPA as an independent
body to address cases in which environmental clearances granted by the ministry of environment are
challenged by civil society

Environmental Regulations in India

Environmental Impact Assessment (EIA)
Certain human activities are entitled as development projects and are essential for the betterment of
society and overall development of the region. Along with positive points development project led to
some negative impact like degradation of natural environment, displacement, and rehabilitation
issues, etc. Prediction of environmental impacts resulting from human actions is a complex exercise.
The International organizations like United Nations Environment Program (UNEP), United Nations
Industrial Development Organization (UNIDO) has made various efforts to decease the load of
anthropogenic activities on the environment and emphasized on sustainable development.
“Environmental Impact Assessment (EIA) is a systematic, reproducible and interdisciplinary
evaluation of the potential effects of a proposed action and its practical alternatives on the physical,
biological, cultural and socioeconomic attributes of a particular geographical area” (USEPA, 1993).
Rather EIA is a planning tool generally accepted as an integral component of decision making in
Sustainable Development. EIA is a legal requirement followed over 100 countries. In most countries
where it is not legally required, it is either practiced voluntarily or introduced through other
requirements, e.g., by development banks (World Bank, Asian Development Bank, etc.), at present
there are nearly 200 countries worldwide experiences EIA legally or voluntarily.

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Definition of EIA
▪ “EIA is a systematic, reproducible and interdisciplinary identification, prediction and evaluation,
mitigation and management of impacts from a proposed development and its reasonable
alternatives” (UNEP EIA Training Resources Manual, 2002).
▪ UNEP defines Environmental Impact Assessment (EIA) as a tool to determine the environmental,
social, and economic implications of a project prior to making a decision.

What is Environmental Impact Assessment (EIA)?

Environmental Impact Assessment (EIA) is a decision-support tool for those deciding whether to
approve a development project. The purpose of an EIA is to determine the potential
environmental, social, and health effects of a proposed development so that those who make
decisions about the project's development and approval are aware of the likely consequences of
their decisions before making them, and thus are more accountable. The main goal of this process
is to make decision-making more informed and transparent while also attempting to avoid,
eliminate, or mitigate potential negative consequences by considering alternative ideas, sites, or
methods.

History of EIA in India

• Environmental Impact Assessment has been practicing in India for over 20 years. It all began in
1976-77 when the Planning Commission requested that the Department of Science and
Technology investigate the river-valley projects from an environmental standpoint. Until 1994,

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 the Central Government's environmental clearance was an administrative decision with no
statutory backing.
• Under the Environmental (Protection) Act 1986, the then-Union Ministry of Environment and
Forests issued an EIA notification on January 27, 1994, requiring Environmental Clearance (EC)
for any expansion or modernization of any activity, as well as the establishment of new projects
listed in Schedule 1 of the notification.
• In September 2006, the Ministry of Environment, Forests, and Climate Change (MoEFCC)
announced new EIA regulations. Various projects, including mining, thermal generating plants,
river valleys, infrastructure (roads, highways, ports, harbors, and airports), and industries,
including very tiny electroplating or foundry units, will be required to obtain environmental
clearance under the notification.

Objectives
• To inform decision-makers and the public about significant environmental impacts of proposed
projects.
• Identifying methods to avoid or reduce environmental damage.
• To avoid negative environmental consequences by requiring the implementation of viable
alternatives or mitigation measures.
• To make public the reasons for approvals for projects with significant environmental impacts.
• To improve inter-agency coordination.
• To increase public participation.

Need for EIA

EIA considered as the “precautionary principle” in global environmental law. In India, we are legally
bound to the precautionary principle under international treaties and obligations. Further several
judgments of the Supreme Court strengthening the EIA in India.
• All anthropogenic activities have an effect on the environment in some or the other way.
However, environment is negatively affecting than positive manner.
• Because of the complex relationship between the natural and human environments, it is critical
to predict the environmental and social impacts of programmes, projects, and planned
developments that may affect environmental quality and well-being.
• The goal of EIA is to provide information to decision makers about issues that may arise because
of decisions relating to a new project, programme, plan, or policy.
• EIA is a technique that presents a systematic assessment of the environmental impacts that the
project is likely to cause and explains the significance of predicted impacts, indicating the scope
for modification or mitigation.
• As the human population grows and natural resources become more scarce, the importance of
improving development sustainability and identifying mitigation measures—and thus the
importance of producing high-quality EIAs—increases.
• EIA is functioning towards sustainability of the development where choices being considered.

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 • EIA is part of the project cycle where environmental impacts identified and taken into account
during the project design.
• EIA must result in decision-making based on inputted information, including potentially
significant factors, and it must benefit both the proponent and the citizens.
• EIA is a technique that presents a systematic assessment of the environmental impacts that the
project is likely to cause and explains the significance of predicted impacts, indicating the scope
for modification or mitigation.
• Finally, it requires the relevant ministries/agencies to assess the project's potential outcomes
before making a decision.
• The complex relationship between the natural and human environments, it is critical to try to
predict the environmental and social impacts of programmes, projects, and planned
developments that may affect environmental quality and well-being.
• As the human population grows and natural resources become scarcer, the importance of
improving development sustainability and identifying mitigation measures—and thus the
importance of producing high-quality EIAs—increases.

Steps in Execution of EIA

The EIA process involves a number of steps, some of which are listed below:
i. Screening: The projects are 1st screened to know whether the project requires EIA. If yes, then under
what category it falls as per norms of the respective regulatory agencies.
ii. Scoping: Identification of the key issues to be addressed in an EIA. This step involves the
identification of major and significant environmental issues among the possible impacts of the
project and available alternatives to minimize the environmental impacts.
iii. Alternative Considerations: The purpose is to ensure that the project proponent has explored other
feasibilities and alternatives. These may be location of project, layouts, operating condition,
techniques etc.
iv. Project development Plan: This step involves the description of project like its rationale, stages of
development, location, processes, techniques to be used, project cost, development timeline etc.
v. Environmental baseline data collection: This involves the present state of the environment (air,
water, soil, biodiversity, energy etc.) before implementation of the project. The objective of baseline
data collection are to :
(i) understand the current environmental conditions of the area and how the project can be
implemented under these conditions
(ii) it helps in the prediction and assessment of possible environmental changes that could occur
during or after project implementation.
Baseline data includes: -
a. Physical- Geographical and geological characteristics, topography etc.
b. Quality of air, water, noise, soil etc.
c. Biodiversity of the area, types of flora and fauna, ecosystem types
d. Socioeconomic- social structure, economic conditions, demography, migration of locals, etc.
e. Cultural- culture, tradition, religion, customs of locals
vi. Identification and prediction of key impacts: Based on the baseline data and scoping, the
potentially significant impacts (adverse and beneficial) on environment of the area are identified
for project during the development phase and after completion. The magnitude of the identified

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 impacts is predicted by comparing the environmental conditions of base line data with the expected
conditions after project implementation.
vii. Mitigation and Management of Environmental impacts: This involves the proposal of different
measures to be taken to reduce, manage, remediate or compensate for adverse impacts.
viii. Public hearing/consultation: Public hearing is also part of EIA in some type of projects. The
purpose of public participation is to inform the public about the proposed project and its impacts
on the local area. The public views or objections are integral part of the decision-making process.
ix. EIA presentation and Decision-making: The report submitted by the Environment consultant on
behalf of the project proponent is scrutinized for various documents as per EIA manuals/ laws.
Any document deficiency is completed before submitting the report to regulatory/designated
authorities for the purpose. The facts of the project starting from the screening to public hearing
are presented before the experts. The experts may suggest additional measures to minimize the
impacts. At this stage decisions are made by the relevant authority to whether to accept, defer or
reject the project.
x. Post-decision monitoring: This comes into picture after completion of the project. The outcomes of
projects after completion are recorded. These represent the actual impacts of the project.
xi. Auditing: This involves comparing actual outcomes with predicted outcomes. This can be used to
assess the quality of predictions and the effectiveness of mitigation.

The EIA Notifications in India

A. EIA Notification - 2006
The Ministry of Environment, Forests and Climate Change (MoEFCC) notified new EIA legislation
in September 2006.
• The notification makes EIA mandatory for various projects such as mining, thermal power
plants, river valley, infrastructure (road, highway, ports, harbours and airports) and industries
including very small electroplating or foundry units to get environment clearance.
• The EIA Notification, 2006 has categorized the projects into two categories namely, Category
‘A’ and Category ‘B’ based on their impact potential.
• Category ‘A’ projects will be appraised at the Central level while Category ‘B’ project at the
State level.
• State level Environment Impact Assessment Authorities and Committees (SEIAAs and SEACs)
have been constituted for the purpose of appraisal of Category ‘B’ projects.
• The stage of scoping for prescribing terms of reference by the Regulatory Agency for the EIA
studies has been incorporated in accordance with the international practice. It is expected to
improve the quality of EIA thereby improving the quality of decision making and minimizing
the delays.
• The public consultation process has been made more structured. It has two components i.e.,
comments through correspondence and by public hearing at site. Provision to video recording
the proceedings of the public hearing has been made.
• NOCs from other regulatory agencies such as SPCB etc. are not a pre-requisite for considering
application for environmental clearance.

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 • However, unlike the EIA Notification of 1994, the new legislation has put the responsibility of
clearing projects on the state government depending on the size/capacity of the project.

B. EIA notification 2020

MoEFCC has proposed a Draft Environmental Impact Assessment (EIA) notification, 2020. This
notification is criticized for the made amendments. Following are some of the main issues pertaining
to draft EIA Notification 2020.

Post-Facto Approval
▪ The new draft allows for post-facto approval for projects. It means that the clearances for
projects can be awarded even if they have started construction or have been running phase
without securing environmental clearances.
▪ Post facto approval is the derogation of the fundamental principles of environmental
jurisprudence and violation of the “precautionary principle,” which is a principle of
environmental sustainability.

Public Consultation Process

▪ The draft notification provides for a reduction of the time period from 30 days to 20 days for the
public to submit their responses during a public hearing for any application seeking
environmental clearance.
▪ The danger is that if adequate time is not given for the preparation of views, comments and
suggestions to those who would be affected by the project, then such public hearings would not
be meaningful.
▪ Further, the reduction of time would particularly pose a problem in those areas where
information is not easily accessible or areas in which people are not that well aware of the
process itself.

Compliance Report Issue

▪ The 2006 notification required that the project proponent submit a report every six months,
showing that they are carrying out their activities as per the terms on which permission has
been given.
▪ However, the new draft requires the promoter to submit a report only once every year.
▪ During this period, certain irreversible environmental, social or health consequences of the
project could go unnoticed because of the extended reporting time.

Bypassing EIA Process

▪ Through the draft notification, the central government gets the power to categorise projects as
“strategic.”
▪ Once a project is considered as strategic, the draft notification states that no information related
to such projects shall be placed in the public domain.

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 ▪ Violations can only be reported by the project proponent, or by a government authority,
appraisal committee, or regulatory authority. This is against the principles of natural justice.
▪ Further, the draft notification states that the new construction projects up to 1,50,000 square
meters (instead of the existing 20,000 square meters) do not need “detailed scrutiny” by the
Expert Committee, nor do they need EIA studies and public consultation.
Benefits of EIA
1. For ecologically safe and sustainable development, EIA connects the environment and
development.
2. EIA is a cost-effective way to eliminate or reduce the negative effects of development
initiatives.
3. EIA allows decision-makers to assess the impact of development activities on the environment
long before the project is executed.
4. The adaptation of mitigation methods in the development plan is encouraged by EIA.
5. EIA ensures that the development plan is environmentally sound and operates within the
ecosystem's capacity for assimilation and regeneration.
6. Project managers can identify which projects require thorough screening to avoid
environmental harm through environmental impact assessments.
7. Before making a decision, information is provided illustrating the effects on the environment.
8. Other benefits:
• Improved project design
• Reduced cost and time of project implementation
• More informed decision-making
• Increased project acceptance
• More environmentally sensitive decisions
• Improved project performance and reduction in treatment/clean-up costs.
• Increased accountability and transparency during the development process
• Improved integration of projects into their environmental and social setting
• Healthier local environment (forests, water sources, agricultural potential, recreational
• potential, aesthetic values, and clean living in urban areas)
• Reduced environmental damage
• More effective projects in terms of meeting their financial and/or socio-economic objectives

Coastal Regulation Zone (CRZ)

With more than 7000 kilometres of coastline, India ranks 20 in the world among the countries with the longest
coastline. In order to protect coastal ecology and conserve the coastal environment, the Government of India
issued the Coastal Regulation Zone (CRZ) in 1991. On February 19, 1991, the Ministry of Environment and
Forests (“MOEF”) issued a notification under Section 3 of the Environment (Protection) Act of 1986,

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attempting to regulate development activity on India’s coastline, imposing restrictions on industries,
operations and processes in the Coastal Regulation Zone (CRZ).

As per the notification, the Central Government declared the coastal stretches of seas, bays,
estuaries, creeks, rivers and backwaters which are influenced by tidal action up to 500 meters from
the High Tide Line (HTL) and the land between the Low Tide Line (LTL) and High Tide Line (HTL)
as Coastal Regulation Zone.

There have been about 34 amendments to this notification between 1991 and 2019, some of
which have been based on the directions of the Supreme Court. In May 2008, the MOEF brought out a
new draft CRZ notification that induced much criticism from all sections of stakeholders. Eventually
this notification was allowed to lapse and the Ministry brought out a fresh notification in September
2010, which after much discussions and deliberations, was finally passed as Coastal Regulation Zone
Notification 2011 on January 6, 2011.

India has created institutional mechanisms such as National Coastal Zone Management
Authority (NCZMA) and State Coastal Zone Management Authority (SCZMA) for enforcement and
monitoring of the CRZ Notification. These authorities have been delegated powers under Section 5 of
the Environmental (Protection) Act, 1986 to take various measures for protecting and improving the
quality of the coastal environment and preventing and controlling environmental pollution in coastal
areas. All the coastal states have to prepare/revise their Coastal Zone Management Plan (CZMP)
under the existing CRZ notification and submit to the concerned Coastal Zone Management Authority.
The CZMPs shall not normally be revised before a period of five years after which, the concerned State
Government or the Union territory may consider undertaking a revision

Objectives
• To conserve and protect coastal stretches from uncontrolled and unregulated development
• To ensure livelihood security to the fishing & local communities living in the coastal areas
• To promote development in a sustainable manner based on scientific principles, taking into
account natural hazards and sea level rise.

Importance of Regulation of Coastal Zones

Besides their ecological significance, coasts gain importance because of their productive ecosystems,
ability to support livelihoods, capacity to sustain high human population density and their business
potential. Coastal ecosystems such as mangroves are linked with high fish production. Small-scale
fisheries in its waters provide livelihoods to many artisanal fishers. Coral reefs are also sites of rich
living and non-living resources. They are one of the most productive marine ecosystems, particularly
in terms of fish yield. Mangroves and sand dunes together form the first line of defense on the coast
providing protection against cyclones and storm surges. There should be regulations of coastal zones
because:
• Protection of ecologically Sensitive Areas like mangroves, coral reefs which act as a shield
against tsunami and cyclone

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 • Improving the lives of coastal communities like fishing communities
• Resilient measures for mitigating impacts of Climate Change and high-intensity Cyclones
• To balance development with conservation of the coastal environment.

I. Coastal Regulation Zone (CRZ) Notification 2011

On January 07, 2011, the Indian Ministry of Environment and Forests (MoEF) released Coastal
Regulation Zone (CRZ) Notification 2011 to replace CRZ Notification of 1991. Also, for the first time,
an Island Protection Zone Notification (IPZ), 2011 was released to cover Andaman & Nicobar Islands,
Lakshadweep. The CRZ Notification 2011 is a major step-up from the 1991 Notification and the MOEF
has made special efforts to include specific provisions to benefit the fisher-folk community in all the
coastal areas and address the shortcomings of the 1991 Notification such as time-bound clearances,
enforcement measures, special provisions for specific coastal stretches etc.
CRZ notification widens the extent of CRZ to include the land area from Hight Tide Line (HTL)
to 500 meters on landward side, as well as the land area between HTL to 100 meters or width of the
creek, (whichever is less) on the landward side along the tidal influenced water bodies connected to
sea. The CRZ also includes, for the first time, water area up to 12 nautical miles in the sea and the entire
water area of a tidal water body such as creek, estuary, without imposing any restrictions on fishing
activities. Thus, the main change in the scope of regulation has been to expand the CRZ to include
territorial waters as a protected area.

Classification of coastal zones under CRZ Notification 2011

CRZ-I includes the intertidal zone i.e., the area between Low Tide Line and High Tide Line, and covers
ecologically sensitive areas likes mangroves, coral reefs, biosphere reserves etc. that are essential in
maintaining the ecosystem of the coast.
Activities permissible in CRZ-I are:
No new construction shall be permitted in CRZ-I except
i. Projects relating to the Department of Atomic Energy;
ii. Construction of trans-harbour sea link and roads without affecting the tidal flow of water, between
LTL and HTL. Etc.
iii. Between Low Tide Line and High Tide Line in areas which are not ecologically sensitive, the
following may be permitted;

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 • Exploration and extraction of natural gas;
• Construction of basic amenities like schools, roads, etc. for traditional inhabitants living within

the biosphere reserves;

• Salt harvesting by solar evaporation of seawater;
• Desalination plants;
• Storage of non-hazardous cargo such as edible oil, fertilizers within notified ports;

CRZ-II constitutes the developed land areas up to or close to the shoreline, within the existing
municipal limits or in other existing legally designated urban areas, which are substantially built-up.
Activities permissible in CRZ-II include:
• Buildings on the landward side of the hazard line.
• Other activities such as desalination plants are also permissible.
• Construction only as per guidelines specified by the notification.

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CRZ-III includes rural and urban localities which fall outside the CRZ I and 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.
• Between 0-200 meters from HTL is a No Development Zone where no construction shall be
permitted.
Activities permissible in CRZ-III:
• Only certain activities relating to agriculture, forestry, projects of Department of Atomic Energy,
mining of rare minerals, salt manufacture, regasification of petroleum products, non-
conventional energy sources and certain public facilities may be permitted in this zone.
• Between 200-500 metres of HTL, construction of houses for local communities and tourism
projects are permissible.

CRZ-IV includes water areas up to 12 nautical miles (the territorial waters) and extends up to 100 m
from high tide line along tidal influenced water bodies like estuaries and creeks.
Activities permissible in CRZ-IV:
• Fishing and allied activities

A separate draft Island Protection Zone Notification, 2011 was issued for protection of the islands of
Andaman & Nicobar (324 islands) and Lakshadweep (32 islands) under Environment (Protection) Act,
1986. An Integrated Island Management Plan (IIMP) to be prepared for each island. A No Development
Zone

II. Coastal Regulation Zone (CRZ) Notification 2019

The Ministry of Environment, Forest and Climate Change (MoEF&CC) framed a new draft Coastal
Regulation Zone (CRZ) Notification, 2018 and was issued on 18 January 2019. The CRZ notification
dated 18 January 2019 has been uploaded on the Ministry’s website. According to the committee set
up for framing the new notification, the proposed CRZ Notification, 2019 will lead to enhanced
activities in the coastal regions thereby promoting economic growth while also respecting the
conservation principles of coastal regions. It will not only result in significant employment generation
but also to better life and add value to the economy of India. The new notification is expected to
rejuvenate the coastal areas while reducing their vulnerabilities. However, environmentalist argue that
the new regulations have been framed without a transparent public consultation process and has been
criticized for the dilutions of restrictions present in the 2011 notification.

The salient features of the CRZ Notification, 2019 - changes with respect to CRZ
Notification, 2011:
Table : CRZ classification as per CRZ Notification 1991 and CRZ Notification 2011
CRZ I CRZ 1991 & 2011- Areas that are ecologically sensitive or important, with rich
genetic diversity, at the risk of inundation on sea level rise and between High Tide
Line (HTL) and Low Tide Line (LTL).

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CRZ II CRZ 1991 & 2011 - Areas that have already been developed upto or close to the
shoreline. Area that falls under the municipal limits or any other legally designated
urban areas which is already substantially built up and has been provided with
approach roads, sewage and drainage systems.
CRZ III CRZ 1991 & 2011 - Areas which were originally undisturbed, coastal zones in rural
areas and those areas falling within the municipal limits or designated urban areas
but are not substantially built up.
The first 200 m of from the HTL in CRZ III is called No Development Zone (NDZ).
CRZ IV CRZ 1991 - Coastal stretches of Andaman & Nikobar, Lakshadweep and small
islands that are not categorized as CRZ I, II or III.
CRZ 2011 - Water area from the LTL to 12 nautical miles on the seaward side; water
area of the tidal influenced waterbody from its mouth to the sea upto the influence of
tide.

1 CRZ-I A shall constitute the following ecologically sensitive areas (ESAs) and the
geomorphological features which play a role in maintaining the integrity of the coast viz.:
Mangroves, Corals and coral reefs, sand dunes, Biologically active mudflats, national parks,
marine parks, sanctuaries, reserve forests, wildlife habitats, biosphere reserves, salt marshes,
Turtle nesting grounds, sea grass beds, nesting grounds of birds. The intertidal zone i.e., the area
between Low Tide Line and High Tide Line shall constitute the CRZ-I B.
2 The High Tide Line (HTL) demarcated by the National Centre for Sustainable Coastal
Management (NCSCM) shall be considered as a universal standard for the HTL for all regulatory
purposes under the CRZ Notification, 2019.
3 CRZ limits on land along the tidal influenced water bodies like creeks has been proposed to be
reduced from 100 meters to 50 meters or the width of the creek, whichever is less.
4 A No Development Zone (NDZ) of 20 meters has been proposed to be stipulated for all Islands
close to the main land coast and for all Backwater Islands in the main land.
5 For CRZ-III areas, two separate categories have been proposed viz.:
a CRZ-III A – Densely populated rural areas with a population density of 2161 per square km
(as per 2011 Census) shall have an NDZ of 50 meters from the HTL as against 200 meters
from the HTL stipulated in the CRZ Notification, 2011.
b CRZ-III B – Rural areas with population density of below 2161 per square km (as per 2011
Census) continue to have an NDZ of 200 meters from the HTL.
6 The procedure for CRZ clearances has been simplified and delegations have been made at various
levels for recommending/according CRZ clearances to the projects/activities.
7 Only such projects/activities, which are located in the CRZ-I & IV areas, shall be dealt with for
CRZ clearance by the MoEF&CC. For all other project activities located in CRZ-II/III areas, CRZ
clearance shall be considered at the level of the CZMA.
8 Temporary tourism facilities such as shacks, toilet blocks, change rooms, drinking water facilities,
and resorts/Hotels and other tourism facilities have also been proposed to be permitted in NDZ
in CRZ-III areas subject to the existing regulations of the concerned State

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9 Regulated limestone mining is proposed to be permitted, subject to strict Environmental
safeguards, in areas adequately above the height of HTL, based on recommendations of reputed
National Institutes in the Mining field.

The States/UTs were asked by the Ministry to revise or update the respective Coastal Zone
Management Programme (CZMP) framed under the CRZ Notification, 2011 as per the provisions of
the CRZ, 2019 Notification and approved by the Ministry of Environment, Forest & Climate Change.
However, the CRZ 2019 notification has been criticized by environmental groups, fishing communities
and citizens across India for lifting of development restrictions as they think it would be disastrous for
the coastal environment and traditional communities that live off it. New notification has diluted
India’s only protection system for the fragile ecology and opened it up to realtors and large-scale
development projects (Source: Down to Earth)

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Challenges in implementation
CRZ practices in India is restricted to project activity level, which has several weaknesses. It is
perceived merely as a bureaucratic requirement limited to selection of project or prohibition and
restrictions on certain activities.
1. Ambiguity
CRZ notification lists out the prohibited and permissible activities in CRZ. Still there is a gap between
the two, prevailing some confusion. Putting up structures such as sea wall, groin and such erosion
protective measures need CRZ clearance and hence damage mitigation on an urgent basis becomes
very difficult. Particularly, in the event of natural disasters like cyclones, floods and tsunami,
mitigation measures are imminent and there is no such provision in the CRZ notification.
2. Frequent amendments
Introduction of new clauses and repeated amendments diluted the original CRZ notification. It seems
that, the CRZ Notification is a highly flexible legislation given the manner in which it is worded, and
the fact that as a notification the MoEF can amend it. However, this flexibility was seldom used to meet
environmental challenges, protection and regulation needs. On the contrary, the notification’s
flexibility was misused and sensitivity of some of the coastal environment was compromised to bring
coastal development.
3. Weak social basis
India’s coastal resource complexes were traditionally characterized by a continuum of ‘common
property resources’ or ‘commons’ that stretched from the shores to the seas. The continuum aided the
existence of sustainable livelihood systems for local communities. Today, fragmented policy
approaches and economic welfare schemes have caused the disintegration of community control over
the continuum. As a consequence, livelihood systems of local communities have declined.
4. Insufficient baseline data and monitoring
There was no baseline information available with CRZ authorities on coastal ecosystems, coastal
vulnerability etc. A detailed inventory of coastal marine living resources like mangroves, corals,
seagrass, seaweed, turtle, fish, crab etc. along the Indian coast is still not in place. There are no exact
maps showing various coastal geomorphic systems like sand dunes, mud banks, beaches, mudflats,
rock cliffs, sandbars, tidal inlets, delta, estuary, lagoon, small islands, salt marshes etc.
5. Inadequate public participation
Neither the constitution nor the CRZ notification guarantees the right to public participation in the
context of coastal management. There is little or no funding for public participation and institutions
such as the SPCBs. They do not have the resources and manpower to ensure that this is effectively
done. The SCZMAs do not have sufficient funding and manpower for participatory approaches to
coastal management, and have not framed rules for handling complaints in relation to coastal
problems. Consequently, people living in the coastal zone are not aware of the role they could play in
coastal management, nor are they consulted about overall development plans or specific
developments. As a result, most coastal communities perceive that coastal laws including CRZ

26
notification as simply regulatory mechanisms to restrict development and hence their participation is
minimal.
6. Poor governance and corruption
Good governance implies decision-making in accordance with law and undertaken in a transparent,
accountable and participatory manner. As on today, corruption has become a critical issue in India and
has crept into all spheres of human activity including environmental management. Red-tapism, lack
of political will and commitments are mostly responsible for corruption, which results in misuse of
scarce public resources. Therefore, to make the CRZ process corruption free, MoEF and all concerned
stakeholders must show commitments and transparency in governance.
7. Effect of economic reforms
In the current era of economic reforms and globalization emphasizes more on economic growth and
profit generation, which may create stress on environmental regulations. Increase in import and export
has generated more marine traffic raising the requirement of ports in India to double the existing
facilities. In recent years India’s power sector has taken a quantum jump with a number of proposed
coastal power plants. Similarly, there is a growth in the heavy industries (SEZs and EPZs) in the coastal
India generating huge quantum of toxic effluent and hazardous waste disposing to coastal areas
through marine outfalls. There is a large scale industrialization of coastal lands by myriad project
developers. Unplanned, uncontrolled and haphazard growth of coastal infrastructures has caused
serious problems in past two decades.
8. Increasing CRZ violations
Regulation of Coastal Zone (clearances) is highly dependent on the preparation of detailed coastal
zone plans, and validated data. Even after many years of the CRZ notification, most of the state or
union territory governments do not have well prepared CZMPs. Non availability of maps in the
required scale (1:4000) indication HTL, LTL and CRZ categories has posed serious threat for the
implementing agencies. One of the examples is the conflicts arising out of the regulations imposed on
fishing zones at several eco-sensitive areas along the coast which severely affect the livelihood of the
coastal communities.

*****

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