National authority to review the actions taken
The Coastal Regulation Zone (CRZ) violations in all States and Union Territories should be identified by June, according to the Union Ministry of Environment and Forest.
The Ministry alerted all the State governments and the State Coastal Zone Management Authorities regarding the decision on Thursday.
Incidentally, the draft CRZ notification issued by the Ministry on September 15 last year had included the time-frame for the identification of the violations and action against the offenders. The deadline fixed in the draft notification for the identification was three months and six months for action against offenders. However, the crucial provisions did not find place in the final CRZ notification published by the Ministry on January 7.
The dropping of the provisions had led to widespread criticisms. It was alleged that the new legislation went soft on offenders by excluding the timeframe for notification of violations and action.
New directive
Evoking Section 5 of the Environment (Protection) Act, 1986, the Ministry has directed the State authorities to “identify the violations of the Coastal Regulation Zone Notification, 1991 and the approved Coastal Zone Management Plan thereunder within their respective jurisdiction in a period of four months.”
The State authorities should also initiate action against the offenders within the next four months. The details of the identified violations and the action taken on such cases should be uploaded to the websites of the State Authorities and that of the Union Ministry every fortnight. The National Coastal Zone Management Authority will review the action taken by the State Authorities and appraise the Union Ministry periodically, it was suggested.
Even after the reintroduction of the deadline, the 2011 notification was silent on the specific mechanism for its implementation, which will render the whole exercise futile, feared a member of the Kerala State Coastal Zone Management Authority.
Notification
By the 2011 notification, the State authority shall be responsible for the enforcement and monitoring of the notification. For the enforcement, the Ministry’s suggestion was restricted to the formation of district-level committees headed by District Magistrates.
However, the draft notification had stated that the national and the State authorities “shall be adequately empowered with the provisions of Environment (Protection) Act, 1986 to take action against violations of CRZ Notification.”
It had also mention that the national and the State authorities shall in exercise of its power and performance of its functions under the Environment (Protection) Act, “issue directions to any person, officer or any authority and such person, officer or authority shall be bound to comply with such directions.”
The crucial provisions for the effective implementation of the law were excluded in the final notification. In the absence of the effective mechanism for enforcement, it is to be seen how the latest notification and subsequent action could be implemented, he said.