Government Increases CRZ Clearance Validity to 10 Years

06 Jul 2023 CW Team

According to a recent government announcement, the validity of coastal regulation zone clearance would increase from seven to ten years as of the current 2019 notification.

Any industry or infrastructure project could apply for CRZ clearance, which is approval for projects that are located close to coastlines, and it was valid for seven years before it could be extended for a maximum of three years with the State Coastal Zone Management Authority's recommendation. However, according to officials, CRZ approvals are now being harmonized with environmental clearances, which will be given for a 10-year period.

The Union Environment Ministry also made CRZ permission transferrable to another project proponent in a notification it issued on July 3. It also created provisions for the CRZ clearance it had previously awarded for a particular project to be divided among two or more project proponents.

The government, however, did not issue a public notice inviting citizens to submit recommendations and complaints to these terms.

The validity of the CRZ clearance may be extended by a maximum of one year if a request is made by the applicant within the validity period, along with the recommendations of the relevant Coastal Zone Management Authority. The CRZ clearance shall be valid for a period of ten years from this point.

In light of the Covid 19 outbreak, the ministry has also made it clear that the time frame of April 1, 2020 to March 31, 2021 shall not be taken into account for the calculation of the length of validity of CRZ clearance provided under this notification.

An previous version of this exemption applied to environmental approvals.

“We had to harmonise the environment clearance and CRZ clearance. This will provide a lot of clarity to user agencies. There should be no ambiguity and all clearances should be harmonised,” said a senior environment ministry official.

Independent experts requested more time to reply to the CRZ clearance's changing validity. “It comes without public scrutiny which is very worrying. What is the hurry to notify these changes?” said a researcher on environmental clearances.

A CRZ clearance granted for a specific project may be divided among two or more legal persons (project proponents) who are authorized to carry out the project and transferred to another legal person during the validity of the clearance on the transferor's application with the necessary documents after receiving approval from the relevant Coastal Zone Management Authority.

"While the notification appears to be addressing a technical gap, it needs to be contextualised with the broader question of the space environmental approvals have in project development. Environmental approvals may be granted when finance, tendering or access to land may still be pending. The grant of an environment or coastal regulation approvals gives project developers the opportunities to ‘secure’ land, potentially restricting existing livelihood, habitat or cultural rights. If done for a period of 10 years, it can run the risk of productive access to the project area being curtailed even as developers are trying to get all necessary approvals. These signals then need to embed the environmental assessment into broader processes of evaluating project viability. Without that securing land can render project areas unproductive for long durations and may also lead to local conflicts," said Kanchi Kohli, legal and policy researcher.

The Union Environment Ministry issued a statement in November of last year authorizing temporary constructions and shacks on the beach during non-monsoon months as well as physical removal of sandbars (ridges of sand) in intertidal zones bordering the shore.

Even though environmentalists argued that it is crucial to understand the impact of projects on these areas, which are among the most environmentally fragile, especially in light of the climate crisis, the notification consolidated and reconciled changes made to coastal regulation zone (CRZ) laws over the years, made with an eye to boosting tourism.

According to a recent government announcement, the validity of coastal regulation zone clearance would increase from seven to ten years as of the current 2019 notification. Any industry or infrastructure project could apply for CRZ clearance, which is approval for projects that are located close to coastlines, and it was valid for seven years before it could be extended for a maximum of three years with the State Coastal Zone Management Authority's recommendation. However, according to officials, CRZ approvals are now being harmonized with environmental clearances, which will be given for a 10-year period. The Union Environment Ministry also made CRZ permission transferrable to another project proponent in a notification it issued on July 3. It also created provisions for the CRZ clearance it had previously awarded for a particular project to be divided among two or more project proponents. The government, however, did not issue a public notice inviting citizens to submit recommendations and complaints to these terms. The validity of the CRZ clearance may be extended by a maximum of one year if a request is made by the applicant within the validity period, along with the recommendations of the relevant Coastal Zone Management Authority. The CRZ clearance shall be valid for a period of ten years from this point. In light of the Covid 19 outbreak, the ministry has also made it clear that the time frame of April 1, 2020 to March 31, 2021 shall not be taken into account for the calculation of the length of validity of CRZ clearance provided under this notification. An previous version of this exemption applied to environmental approvals. “We had to harmonise the environment clearance and CRZ clearance. This will provide a lot of clarity to user agencies. There should be no ambiguity and all clearances should be harmonised,” said a senior environment ministry official. Independent experts requested more time to reply to the CRZ clearance's changing validity. “It comes without public scrutiny which is very worrying. What is the hurry to notify these changes?” said a researcher on environmental clearances. A CRZ clearance granted for a specific project may be divided among two or more legal persons (project proponents) who are authorized to carry out the project and transferred to another legal person during the validity of the clearance on the transferor's application with the necessary documents after receiving approval from the relevant Coastal Zone Management Authority. While the notification appears to be addressing a technical gap, it needs to be contextualised with the broader question of the space environmental approvals have in project development. Environmental approvals may be granted when finance, tendering or access to land may still be pending. The grant of an environment or coastal regulation approvals gives project developers the opportunities to ‘secure’ land, potentially restricting existing livelihood, habitat or cultural rights. If done for a period of 10 years, it can run the risk of productive access to the project area being curtailed even as developers are trying to get all necessary approvals. These signals then need to embed the environmental assessment into broader processes of evaluating project viability. Without that securing land can render project areas unproductive for long durations and may also lead to local conflicts, said Kanchi Kohli, legal and policy researcher. The Union Environment Ministry issued a statement in November of last year authorizing temporary constructions and shacks on the beach during non-monsoon months as well as physical removal of sandbars (ridges of sand) in intertidal zones bordering the shore. Even though environmentalists argued that it is crucial to understand the impact of projects on these areas, which are among the most environmentally fragile, especially in light of the climate crisis, the notification consolidated and reconciled changes made to coastal regulation zone (CRZ) laws over the years, made with an eye to boosting tourism. See also: NGT reissues Mumbai Coastal Road construction noise pollution ordersPanel bats for CRZ nod to dredge 176 acre of Adyar