Proposed rules are laudable and
indeed necessary, but they raise some fundamental issues of jurisdiction
The Central government has recently gazette notified the proposed
"Coastal Management Zone (CMZ"� Notification 2008 for public
objections
and suggestions by June 2008. The Notification aims to replace the
existing CRZ Notification of 1991 and enhance environmentally
sustainable development of the coastal belt under revised guidelines.
Coastal zones have always been environmentally sensitive with different
coastal states having competing demands. States viewed the existing
rules as non-development-oriented and even arbitrary in some respects.
Based on the coastal states' demands for relaxation, judicial
pronouncements and in consonance with scientific approach practices the
world over on the baseline (HTL in existing rules to be replaced by Set
Back Line (SBL) in proposed rules) and based on the recommendations of
an expert committee report of February 2005, the rules aim at more
explicit activities along the coastal belt, including coastal waters up
to the Territorial Waters limit of 12 Nautical Miles.
Whilst the proposed rules are laudable and indeed necessary, they raise
some fundamental issues of jurisdiction of a coastal state on offshore
islands for development (hitherto with Central government),
difficulties in even preparing the CRZ plans under the HTL concept
along the entire coastal belt for the last 15 years and necessitating
data creation for SBL for the entire coastal belt (7516 km) and Creek
Areas with tidal effect (approximately 2500 km), finalising of
attendant Integrated Coastal Zone Management Plans (ICZMP) and
delegation of implementation and overseeing compliance to the States'
Coastal Zone Management Authorities.
All these will take a much longer time frame to cover the entire
coastal belt than stated in the notification (two years) and hence the
provision to allow existing rules under the 1991 notification to
prevail till the SBL is demarcated and approved with ICZMP. The general
apprehensions of affecting their livelihood, expressed by some fishing
communities/NGOs seem largely misplaced.
Some of the proposed provisions need greater attention. These are (a)
the enormity of the problem of finalising the end land use plan by the
technically ill-equipped local authorities on scientific digital
cartographic principles (necessitating switchover to digital maps/
revenue records) in the light of the SBL and implementation/governance
of the approved ICZMP,
(b) possibility of coastal states' disputes over offshore islands by
adjacent coastal states (against the Central government under the MZI
Act),
(c) need for approval (against endorsement) of the ICZMP areas by the
Central government,
(d) futuristic reclamation/training works needed for offshore airports
and tourism/recreation sectors,
(e) requirement of coastal/offshore desalination plants and wind farms
along the coastal belt to mitigate drinking water and energy needs in
future of the vast population,
(f) inclusion of 2D/3D digital aerial maps data (and not restricted to
outdated coastal topo sheets and satellite imageries), actual Sea Level
data from SOI/NHO (against macro IPCC reports),
(g) consistency of land maps between SOI topo sheets/satellite
imageries/aerial photos/NHO charts on common datum and reference grid
on large scales (1:2000 or larger),
(h) necessity to include underwater heritage sites in CMZ-III and ship
wrecks/underwater oceanoriums in CMZ-II,
(i) relevance of finalised ICZMP against abnormal surges like tsunami
effects,
(j) need for more seaward roads to improve connectivity in future,
(k) need to shift Fish Processing and Aqua Culture to CMZ-II,
(l) include coastal and sea surveys in CMZ-III,
(m) need to have Ship Navigation facilities (including Light Houses) in
CMZ-III(1) and (n) restricted shipping channel demands in future .
The composition of the National Board for Sustainable Coastal Zone
Management (NBSCZM) must necessarily include an expert in Marine
digital Hydrography/Cartography with vast experience in mapping
(including bathymetry) of the coastal belt to realistically assess
coastal zones plans and at least two reputed and credible NGOs with
coastal zone experience.
The proposed CMZ notification is a reinvention of the wheel and is a
step in the right direction for future development. However it can be
successful only with clearly laid down Methodology and Standards for
survey/delineation, digitally matching of cadastral/satellite
imageries/aerial maps/ revenue maps/town plans into integrated ICZMP on
common datum/reference, training for revenue and town plan staff in
digital mapping and management on common standards to avoid disputes
and increased litigations in the light of RTI Act and implementation of
the rules by the States CZMAs.
Provisions are also necessary for stiff penalties for violations
besides prosecution and an appellate authority (possibly central CZMA)
with regulatory powers, if the vast litigations on CRZ in the present
rules is to be avoided.
http://www.hindu.com/op/2008/06/29/stories/2008062950011400.htm
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