The concept of sustainable coastal management will not remain a piece of rhetoric but can become a reality, says the Dr Swaminathan Committee report that has carried out a comprehensive review of the Coastal Regulation Zone Notification. But to achieve this goal, the power of partnership has to be harnessed among all stakeholders – symbiotic associations and a shared commitment to conservation. Yes, all for the cause of the coast.
by Radhika Rani G.
The environment regulation notification is finally out after a long haul of doubt and debate over the efficacy of its prescribed norms and amendments. The Minister of State for Environment & Forests Jairam Ramesh recently announced the Coastal Regulation Zone (CRZ) Notification, 2011 and the Island Protection Zone (IPZ) Notification, 2011. A river regulation zone (RRZ) notification too that aims to curb encroachment of riverbed is in the offing.
The minister was quick to admit that the entire exercise entailed a lot of time. “After an 18-month long process, the CRZ Notification, 2011 is being formally notified and published,” he said. “This replaces the CRZ Notification, 1991. In addition, for the very first time an Island Protection Zone Notification, 2011 is being notified and published covering Andaman and Nicobar Islands and Lakshadweep.”
The new notifications reconcile three objectives:
(i) Protection of livelihoods of traditional fisherfolk communities;
(ii) Preservation of coastal ecology; and
(iii) Promotion of economic activity that has necessarily to be located in coastal regions.
The CRZ Notification, the minister reiterated, is important for India, especially at a time when the country is at the crossroads of development with several infrastructure projects speeding up in full steam. “Our coastline is both a precious natural resource and an important economic asset, and we need a robust progressive framework to regulate our coast,” he emphasised.
Apart from codifying the 25 amendments that were made to the earlier notification, the new announcement has several new features with regard to key coastal points.
It has special provisions for Goa, Kerala, Greater Mumbai and critically vulnerable coastal areas (CVCAs) like Sunderban Mangrove Area, Chilka and Bhitarkanika (Orissa), Gulf of Khambat and Gulf of Kutch (Gujarat), Malwan (Maharashtra), Karwar and Kundapur (Karnataka), Vembanad (Kerala), Coringa, East Godavari and Krishna Delta (Andhra Pradesh), Gulf of Mannar (Tamil Nadu).
Clear procedures for obtaining CRZ approval with timelines have been stipulated along with post-clearance monitoring and enforcement mechanisms.
- Water area up to 12 nautical miles in the sea and the entire water area of a tidal water body such as creek, river, estuary etc. would now be included in the CRZ areas, without imposing any restrictions of fishing activities.
- The concept of a Coastal Zone Management Plan (CZMP), to be prepared with the fullest involvement and participation of local communities, has been introduced.
- The concept of a hazard line to be demarcated over the next five years has been introduced to protect life and property of local communities and infrastructure along coastal areas.
- Measures have been put in place to combat pollution in coastal areas/coastal waters.
- The shorelines would be mapped through time-series satellite images with no foreshore development being permissible in high-eroding areas.
- More critically, the ‘no development zone’ is being reduced from 200 metres from the high-tide line to 100 metres to meet increased demands of housing of fishing and other traditional coastal communities.
Port projects
The minister, during the course of his announcement, categorically stated that, barring cases of fishermen families, violations of CRZ Notification, 1991 will not be condoned or regularised with CRZ Notification, 2011 coming into force.
However, environment activists are in arms regarding a recent go-ahead given to a port. Greenpeace India has alleged that the minister has condoned Tata Steel and L&T's violation of the Forest Conservation Act (FCA) 1980 in their joint Dhamra Port project in Orissa.
It further pointed that the ministry has tacitly given in to pressure. “The shocking revelation of corporates influencing government decisions emerged from file notings recently obtained through the Right to Information (RTI) application,” a Greenpeace release said. The file notings by the minister, Greenpeace noted, show that there was a probable legal violation but argued in favour of condoning it on the grounds that "the port itself is nearing completion".
It may be noted that opposition has been raised against Dhamra Port owing to its location close to the Bhitarkanika National Park and Gahirmatha Marine Sanctuary in Orissa. Although evidence of violation of the Forest Conservation Act was made public a year ago, the MoEF has reportedly taken no action. And the developers went ahead with the first phase which is nearing completion. Also, plans are afoot to take up Phase II expansion for handling cargo like oil and naphtha.
Interestingly, in the wake of strict implementation of environmental laws, the ministry has come out clear on its agenda in support of economic progress along the coast. It expressed its keenness to strike a balance between the environment and development. The minister stated that one needs to get used to the idea of power plants on the coast, especially because they need port links for gas, coal and water supply. “We cannot take the position of no-economic activity on the coast,” he stressed.
The statement is crucial and comes at a time when India’s 7,500-km coastline ranging from Gujarat to West Bengal and two island archipelagos, is buzzing with port-based activity. Several thermal power plants and industries that feed on ports have been coming up along both the east and the west coast in the last five years.
With India’s consumption of steel likely to surge 14 per cent this year to cater to the energy needs, the country will require the import of nearly 200 million tonnes of coal by 2015. The trade of these bulk commodities can be carried only through ports. Also, besides being the third largest exporter of iron ore, India is also a big importer as the energy-deficient domestic industry has been buying and acquiring mines overseas to feed its captive projects. For instance, the ministry has recently approved Paradip Port’s capacity addition plan to handle 10 million tonnes each of iron ore and coal per annum.
In view of this flurry of activity, ports are at best acknowledged as a necessary evil. But more often the general public and policy makers alike ignore the fundamental contributions ports make to economy and society, opines Patrick Verhoeven, Secretary-General of European Sea Ports Organisation. “The result is that ports often stand alone, without allies, when they run into opposition to their development,” he writes in Greenport journal.
Persisting debate
The apprehension expressed by Indian fishing communities is that due amendments were not effected in the Wild Life (Protection) Act and the Forest Conservation Act for recognising and protecting their livelihood rights. In the name of conservation, the government is in fact depriving them of their legacy of forest and sea, they claim.
According to Chairman of the National Fish workers Forum Matanhy Saldanha, the draft notification has failed to reverse the liberal permissions provided for industries by the much amended CRZ notification of 1991. “We oppose the establishment of nuclear and atomic plants in the CRZ area,” he says.
But the minister justifies his long wait to correct such practices. “Over the past 18 months, I have had public consultations on the new CRZ Notification in Goa, Mumbai, Kochi, Chennai and Puri. In addition, I have had five rounds of discussions with fishermen associations from across the country.”
He notes that the recommendations of an expert committee comprising Dr M S Swaminathan, Sunita Narain, Dr Shailesh Nayak and J M Mauskar were submitted to the Ministry of Environment & Forests in July 2010 and those were duly incorporated in the new notification. Towards this end, the minister explains, the new CRZ Notification has been in the public domain in draft form since September 2010 and due consideration was given to the large number of suggestions that the ministry received.
Also, directions are being issued by the MoE&F under Section 5 of the Environment Protection Act, 1986 to all State/UT Coastal Zone Management Authorities to:
(i) identify all such violations within a period of four months from today using latest appropriate maps, satellite imagery and information technology;
(ii) initiate necessary action in accordance with the Environment Protection Act, 1986 within a period of four months thereafter. Details of all such violations and action taken will be listed on the website of the CZMA concerned as well of the MoE&F. Action already initiated in the cases where violations have been established will continue unimpeded.
The expert committee headed by Dr Swaminathan recommended the Government to enact a law to protect the traditional rights and interests of fishermen and coastal communities. Taking it in perspective, the MoEF has prepared a draft law along the lines of the Forest Rights Act, 2006 and put it up for comments and suggestions.
However, fishermen associations demand that instead of having a Notification under Environment Protection Act, 1986, the Government should enact a coastal zone regulation law to be passed by Parliament. To this, the minister explained: “A Notification does provide considerable flexibility to the Executive but I do acknowledge and appreciate that a law passed by Parliament will enhance public confidence and trust that amendments are introduced after adequate debate and discussion.” He reassured the fishermen associations that he will attempt to take their plea forward.
Societal integration
In the midst of public debate over development projects along the coast, experts caution port-based industries to take their societal function rather seriously if they have to sustain themselves. Organisational responsibility and environmental management system are an important starting point, they point out.
Given India’s coastal ecosystem that has been providing succor and protection from natural floods and tsunamis to the 250 million people living along the coast and coastal waters providing a source of primary livelihood to 7 million households, there is a need to sustain the ecosystem as a treasure trove of biodiversity. The public fears too take root here – from the impact of industrial activity on the air, water and land surrounding a port and thereby on the larger ecosystem.
To quell such fears or lack of understanding, Patrick calls for embracing co-habitation and dialogue with local communities, in the Indian context with the fishing communities around. “But for many port authorities it is still a difficult learning process since it often seems to be a distraction from the commercial rationale of port operations,” he adds.
Also, the notification allows the conversion of natural shores to ports and non-polluting industries besides elevated expressways, but it does not come clear about empowering fishing communities to deal with the purchase and conversion of natural shorelines. In this respect, the amended notification, experts say, has not really addressed the issue of fishermen vis-à-vis modern development.
It may be noted that land conversions are subject to Environmental Impact Assessments. However, the new draft cannot base itself on the existing EIA procedures because the latter, as experts argue, could be fundamentally faulty. For instance, Korean steelmaker Pohang Steel Co (Posco) conducted a feasibility test and was optimistic about its proposed captive port in Orissa. But the ministry panel rejected the US$ 12-billion project at Jatadhari on the grounds that it falls well within 100-km distance of Paradip.
On the other hand, as Indian ports gear up to expand their facilities and serve as catalysts of economic growth, they need to come up with innovative projects to develop cooperative synergies with the local communities, improve the quality and accessibility of port areas and promote a positive image of the port as a place to experience, live and work, say experts.
In this regard, the ministry lays the responsibility on the littoral states to draw up coastal zone management plans with the participation of the local communities and devise measures to combat pollution. “All state and union territory coastal zone management authorities will be asked to identify violations and initiate action within four months,” the minister informs.
The coastal state of Goa, the first to welcome the notification, hopes that the new amendments will enable traditional communities living along the coast to live a better life and also help commercial entities strike a balance with the ecosystem – between green and grey. And for states supporting port projects and industries, it a question of the right use of the grey matter for securing seas and sustaining ecosystem for the benefit of all the stakeholders.
Article published in Maritime Gateway, January 2011.
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