MCZMA Notifications

MCZMA Notifications

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MAHARASHTRA COASTAL ZONE MANAGEMENT AUTHORITY

                         No. MCZMA-2009/CR-50/TC-3 Environment                                      Department, Government of                                                                       Maharashtra Mantralaya,  Mumbai-400  032                    Dated the, 19th April, 2010

OFFICE MEMORANDUM

            WHEREAS the Ministry of Environment & Forest (MoEF) vide Gazette SO 114(E) dated 19.2.1991 issued Coastal Regulation Zone (CRZ) Notification to conserve and protect coastal environment imposing restrictions on industries, area development projects, operations and processes in the CRZ areas.

            WHEREAS Ministry of Environment & Forest (MoEF) has also constituted Maharashtra Coastal Zone Management Authority in accordance with the orders of the Hon’ble Supreme Court in the wit petition 664 of 1993 to:

                        (a) Take measures for protecting and improving the quality of the coastal environment.

                        (b) Examination of proposals from CRZ point of view and give their recommendations.

                        (c) Examination of proposals for changes or modification in classification of CRZ areas.

                        (d) Enquire into cases of alleged violation of the provisions of CRZ Notification, 1991 and take appropriate, decision under Environment Protection Act, 1986.

                        (e) To identify ecologically, economically and highly vulnerable areas of the coastal zone and formulate area specific management plan.

                        (f) implementation of court orders related to CRZ regulations.

            WHEREAS MoEF vide Notification dated 4th January 2002 also directed that MCZMA shall have bank account in a Nationalised bank and it shall have its headquarters in Mumbai.

            WHEREAS Hon’ble Supreme Court’s order given in case of writ petition (C) No.914 of 1991, D/-28-8-1996 and as per the directives given in Article 21 of Constitution of India “Environmental protection-precautionary principle and the polluter pays principle are part of the environmental law of the country.”

            WHEREAS as per the order of Hon’ble High Court of Mumbai given in case of 3246/2004 and 87/2006 for initiate conservation and protection measures to protect the Coastal ecosystem of Maharashtra.

            AND WHEREAS Ministry of Environment and Forests vide its letter dated 13th April, 2000 indicated that the “Processing Fee also be charged, if necessary”.

            AND WHEREAS the Government of Gujarat and the Government of Tamil Nadu etc. are charging processing fees in various slabs for the proposals in Coastal Regulation Zone.

            WHEREAS Maharashtra Coastal Zone Management Authority in its 48th meeting held on 17th January 2009 and 56th meeting held on 24th August 2009, considered the proposal of levying processing fees/coastal conservation fund for the proposals planned in the Coastal Regulation Zone areas and the same was sent to National Coastal Zone Management Authority and Ministry of Environment & Forests for consideration.

            AND WHEREAS, the issue was discussed in National Coastal Zone Management Authority in its 18th and 19th meeting at New Delhi.

            AND WHEREAS the Maharashtra Coastal Zone Management Authority in its 59th and 60th meeting decided to levy “Coastal Conservation Fund” on proposals/activities planned in Coastal Regulation Zone to carry out the functions of Coastal Zone Management Authority and to identify ecologically, economically and highly vulnerable areas of the Coastal zone and formulate area, district management and conservation plans and to undertake and strengthen Coastal Protection and Conservation programme through various agencies.

            NOW THEREFORE, in order to generate funds for all above said activities, manpower and carry out day-to-day function of the MCZMA it is decided to charge Coastal Conservation Fund on the proposals/activities planned in Coastal Regulation Zone of Maharashtra in slabs as follows:

 

Investment cost Charges
Rs. 1 to 5 crores: Rs. 1.00 Lakh
Rs. 5 to 50 crores: Rs. 2.00 Lakhs
Rs. 50 crores onwards Rs. 5.00 Lakhs

            This will be applicable from 59th Meeting of Maharashtra Coastal Zone Management Authority.

            All Project Proponents are required to submit Demand Draft on the name of Maharashtra Coastal Zone Management Authority payable at Mumbai as per the slab along with prescribed application formats. Applications without requisite Demand Draft will be considered incomplete.

                                                                                 Sd/-

                                                                     (Valsa R. Nair-Singh)

                                                                  Secretary (Environment) &

                                                                       Chairman, MCZMA

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MAHARASHTRA COASTAL ZONE MANAGEMENT AUTHORITY

                                No. MCZMA-2011/CR-1/MCZMA Environment                                   Department,  217-Annex, 2nd Floor, Mantralaya,                                   Mumbai-400 032.

                                Dated the, 30th December, 2011

OFFICE MEMORANDUM

                        Subject: Procedure for public consultation for projects                                          falling in para 8(v) of CRZ Notification, 2011.

                        Reference: 1) Gazette of India S.O. 19(E) Coastal                                                       Regulation Zone

                                            2) Notification MoEF office Memorandum                                               No.11-83/2005, IA-III dated 24-2-2011

            This has reference to the issue of the Coastal Regulation Zone Notification, 2011 vide S.O. No. 19(E), dated 6-1-2011. As per para 4(i)(e)d of the notification, the MoEF may under a specific or general order specify projects which require prior public hearing of the project affected people.

            The MoEF vide above vide letter dated 24th Feb.2011, has clarified that the following projects would attract prior public hearing-

  1. a) All ‘A’ and ‘B1’ category projects listed under Environmental Impact Assessment Notification, 2006 and which also attract Coastal Regulation Zone Notification, 2011;
  2. b) The housing project which involves group housing, slum redevelopment project, cessed/unsafe/dilapidated building redevelopment projects.

            Further, the MoEF also clarified that the public hearing shall be held as per the procedure laid down in the Environmental Impact Assessment Notification, 2006 involving the project affected people.

            Henceforth, group housing projects, slum redevelopment projects, cessed/unsafe/dilapidated building and redevelopment projects undertaken in the Coastal Regulation Zone areas, shall submit public consultation reports along with the application for prior CRZ permission to the Maharashtra Coastal Zone Management Authority.

            The individual projects under V(iii)(b) and (c) shall be undertaken only after the public consultation in which view of only of the legally entitled slum dwellers or the legally entitled tenants of the dilapidated or cessed buildings shall be obtained.

            The Project proponents are requested to approach the Maharashtra pollution Control Board (MPCB) for conducting the public hearing as per the procedure laid down in EIA Notification, 2006 along with application as prescribed in Office Memorandum of MCZMA dated 2.7-2011 and with all documents required for public consultation.

            The Maharashtra Pollution Control Board shall conduct the public consultation as per the procedure laid down for the same in EIA Notification, 2006. The Public hearing should cover aspects including the views of legally entitled tenants, complaints if any from surrounding area, court cases, land ownership etc. along with other environmental issues, if any.

            The Report of public hearing, conducted in the manner as above, shall be submitted to the Secretary (Environment) and Chairman, MCZMA for further necessary action.

                                                                               Sd/-

                                                                 (Valsa R.Nair Singh)

                                                            Secretary (Environment) &

                                                          Chairperson, MCZMA

To,

1) Director Coastal Regulation Zone, Ministry of Environment & Forests, Government of India, New Delhi.

2) Chairman, Maharashtra Pollution Control Board, Sion, Mumbai.

3) Principal Secretary, Urban Development Department, Mantralaya, Mumbai.

4) Principal Secretary, Housing Department, Mantralaya, Mumbai.

5) Municipal Commissioner, Municipal Corporation of Greater Mumbai.

6) Collector, Mumbai City, Mumbai.

7) Collector, Mumbai Suburban District, Bandra (E), Mumbai.

8) Member, Secretary, Maharashtra Pollution Control Board, Mumbai.

9) Chief Executive Officer, Slum Rehabilitation Authority, Bandra (E), Mumbai.

10) Chief Executive Officer, MHADA, Bandra (E), Mumbai.

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Ministry of Environment, Forest and Climate Change

Notification

New Delhi, the 13th April, 2015

            S.O.1054(E).— In exercise of the powers conferred by sub-sections (1) and (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) (hereinafter referred to as the said Act), and in supersession of the notification of the Government of India in the erstwhile Ministry of Environment and Forest number S.O. 383(E) dated the 6th March, 2012 except as respects things done or omitted to be done before such supersession, the Central Government hereby constitutes an authority to be known as the Maharashtra Coastal Zone Management Authority (hereinafter referred to as the Authority) consisting of the following persons, for a period of three years, with effect from the date of publication of this notification in the Official Gazette, namely:-

1. Principal Secretary/Secretary, Environment Department, Government of Maharashtra. Chairperson, ex-officio
2. Principal Secretary/Secretary, Revenue Department, Government of Maharashtra. Member, ex-officio
3. Principal Secretary/Secretary, Urban Development Department-I or Officer not below the rank of Deputy Secretary designated/nominated by the Secretary, Urban Development-I, Government of Maharashtra. Member, ex-officio
4. Commissioner, Fisheries Department, or Senior or Principal Scientist of Fisheries Department, Government of Maharashtra. Member, ex-officio
5. Principal Secretary/Secretary, Industries Department, Government of Maharashtra. Member, ex-officio
6. Municipal Commissioner, Municipal Corporation of Greater Mumbai, or Officer not below the rank of Deputy Secretary, designated/nominated by Maharashtra Coastal Zone Management Authority, Mumbai. Member, ex-officio
7. Dr. Rakesh Kumar, Chief Scientist, National Environmental Engineering Research Institute, Mumbai. Member
8. Dr. Baban Ingole, Chief Scientist G, National Institute of Oceanography, Goa Member
9. Dr. M.C. Deo, Professor, Indian Institute of Technology Bombay Member
10. Director, Central Institute of Fishery Education, Mumbai or Senior or principal scientist of Central Institute of fishery Education, Mumbai. Member
11. Dr. Mahesh Shindikar, Applied Science Department, College of Engineering, Pune. Member
12. Officer not below the rank of Deputy Secretary, Environment Department, Government of Maharashtra. Member Secretary
  1. The Authority shall have its headquarters at Mumbai.

            III. The quorum of the meeting of the authority shall be one-third of the total number of its members.

  1.          A member, other than an ex-officio member, shall be paid allowances as per the norms decided by the Central Government.
  2. The Authority, for the purposes of protecting and improving the quality of the coastal environment and preventing, abating and controlling environment pollution in the Coastal Regulation Zone areas in the State of Maharashtra, shall take the following measures, namely:-

                        (i) the Authority shall receive application for approval of project proposal and examine the same if it is in accordance with the approved Coastal Zone Management Plan and complies with the requirement of the Coastal Regulation Zone notification issued by the Government of India in the erstwhile Ministry of Environment and Forests vide number S.O. 19(E), dated the 6th January, 2011 (hereinafter referred to as the said notification), and make recommendations for approval of such project to the concerned authority as specified in the said notification, within a period of sixty days from the date of receipt of such application:

                        (ii) the Authority shall regulate all developmental activities in the Coastal Regulation Zone areas as specified in the said notification;

                        (iii) the Authority shall primarily be responsible for enforcing and monitoring the provisions of said notification;

                        (iv) the Authority shall examine the proposals received from the State Government for changes or modifications, in the classification of Coastal Regulation Zone areas, and in the Coastal Zone Management Plan and make specific recommendations thereon, to the National Coastal Zone Management Authority.                                          (v) the Authority shall—

                                    (a) inquire into cases of alleged violation of the provisions of the said Act and the rules made thereunder or any other law which is relatable to the objects of the said Act and, if found necessary, in any specific case, issue such direction under section 5 of the said Act as are not inconsistent with the directions issued in that specific case either by the National Coastal Zone Management Authority or by the Central Government;

                                    (b) hold review of cases involving violations of the provisions of the said Act and the rules made thereunder, or under any other law which is relatable to the objects of the said Act, and if found necessary, refer such cases, along with its comments for review by the National Coastal Zone Management Authority:

                                                Provided that such inquiry or review of cases of violations may be taken up by the Authority suo moto, or on the basis of a complaint made by any individual or representative body or organisation;

                        (vi) the Authority may file complaints, under section 19 of the said Act, against any person for non-compliance of directions issued by it;

                        (vii) the Authority shall take such action as may be required under section 10 of the said Act to verify the facts before it in any case.

  1. the Authority shall deal with environmental issues relating to Coastal Regulation Zone which may be referred to it by the State Government, the National Coastal Zone Management Authority or the Central Government.

            VII. the Authority shall, for the purpose of maintaining transparency in its working create a dedicated website and post the agenda, minutes, decisions taken, recommendation letters, acts of violations and actions taken on such violations, court matters including the orders of the courts and the approved Coastal Zone Management Plan of the State Government.

            VIII. The Authority shall furnish report of its activities at least once in six months to the National Coastal Zone Management Authority.

  1. The Authority shall have its Bank Account in the National Bank to deposit the funds/fees received from the State Government, funding agencies or project authorities etc.
  2. The State Government shall ensure that sufficient resources, manpower and funds are available to the Authority to discharge its functions effectively as envisaged in this notification and in the said Act.
  3. The Authority shall regularly review the functioning of the District Coastal Zone Monitoring Committees.

            XII. The Authority may levy scrutiny fees as a polluter pays principle in consultation with the Environment Department.

                                                [F.No. 12-5/2005-IA-III]

                        BHISWANATH SINHA, Jt. Secy.

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CHECK LIST FOR SUBMISSION OF PROPOSAL TO MAHARASHTRA COASTAL ZONE MANAGEMENT AUTHORITY (MCZMA)

  1. Checklist for Building construction projects:-
  2. Contact details for e-communication: Name, E-mail, Mobile number of project proponent/authorised person.
  3. Duly filled Form I of CRZ Notification, 2011.

            3.(i) Duly filled Part B along with remarks of the concerned planning authority with signature & stamp.

               (ii) Duly filled part A by proponent with signature.

  1. Superimposition of the site on approved CZMP through concerned planning Authority/MoEF authorized agency i.e.(i) approved Coastal Zone Management Plan (CZMP) with old High Tide Line (HTL) and New HTL, if any, delineated by authorised agency, (ii) CRZ setback line of 100m. from HTL, in case of Creek/Bay, 200m & 500m from HTL, in case of Sea & (iii) New CZMP as per CRZ Notification, 2011 indicating mangrove buffer zone.                                       
  2. Development Plan (DP) remarks/DP sheet of site u/r (existing as on 19.02.1991) & post 19.2.1991).
  3. Property card of the land u/r.
  4. Conceptual building plans submitted through concern planning Authority.
  5. Authorization details of Existing structure such as CC, OC, earlier CRZ clearance & present & proposed use, in case of redevelopment project.
  6. Public Consultation report from MPCB for the projects under category of redevelopment of dilapidated, CESSED, unsafe building and SRA project in Greater Mumbai under category 8(v).
  7. Certification by the Concern planning Authority stating that existing building was declared dilapidated as on 6.1.2011 (for redevelopment of dilapidated building in MCGM area limit.

11.(i) Recent Google image with date and Lat., Long.

(ii) Current photographs of the site with date.

  1. Checklist for Coastal infrastructure projects (Jetty, ports, Harbour, Shipyards, Roads, bridge etc):
  2. Contact details for e-communication: Name, E-mail, Mobile number of project proponent/authorized person.
  3. Duly filled Form I of CRZ Notification, 2011.
  4. Project report with technical details on proposed foreshore activities.
  5. Rapid/Comprehensive EIA & EMP for the proposed project indicating dates of data collection.
  6. Debris and construction waste management and monitoring plan.
  7. CRZ map in 1:4000 scale superimposing the project layout prepared by one of the MoEF authorized agencies. The said CRZ map should also indicate-
  8. a) New HTL (as per CRZ Notification, 2011), Coastal Zone I/ II/ III/ IV, mangrove buffer zone, etc.
  9. b) HTL as per old CZMP as approved under CRZ Notification, 1991 indicating zones, mangroves areas, etc.
  10. Recent Google image & current site photographs with date.
  11. Checklist for projects seeking ‘Non CRZ’ status:
  12. Contact details for e-communication: Name, E-mail, Mobile number of project proponent/authorized person.
  13. CRZ map in 1:4000 scale superimposed with project site by one of agency authorized by MoEF indicating old approved HTL & CRZ area & new set back lines as per CRZ Notification, 2011. The report should mention conclusion of the report about the CRZ status of plot.
  14.   Current status of construction on site u/r with current dated site photograph & Google image.
  15. In case of construction started/completed on site, copy of authorization details/copy of earlier CRZ clearance obtained.

List of documents available on MCZMA’s website:

  1. Form-I of CRZ Notification, 2011.
  2. Part-A & Part-B (MCZMA’s Office Memorandum dated 2.7.2011).
  3. List of MoEF authorized agencies for demarcation of HTL and CRZ area (MoEF Office Order dated 14.3.2014)

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