Monitoring, Mechanism for implementation of the EIA Notification, 2006 and CRZ Notification,1991.

1. D T Devale
Senior Law Officer
Maharashtra Pollution Control Board
Kalpataru Point, 2nd
, 3rd
and 4th
Floor,
Sion(East), Mumbai-400 022

2. Existing Monitoring Mechanism
Existing Monitoring Mechanism under CRZ Notification,
1991
Since, the Central Govt. has constituted the State
Coastal Zone Management Authority and empowered it
to take various measures for protecting and improving
the quality of coastal environment and preventing,
abating and controlling environmental pollution in the
coastal areas, it has been given certain powers as
under:-
(i)Examination of proposals for changes for modifications in
classification of Coastal Regulation Zone areas and in the
Coastal Zone Management Plan.

3. Contd.
(ii) Inquire into cases of alleged violations of the
provisions of the said Rules or under any law.
(iii) Authority to examine various projects proposed in
the CRZ area and give their recommendations to
the Central Govt. or the agencies, who have been
entrusted to clear such projects under the
Notification.
(iv) Authority to identify economically important
stretches in Coastal Regulation Zone and prepare
integrated Coastal Zone Management Plan etc.

4. However, no such specific monitoring committee has
been constituted to examine above proposals by visit
and inspection. But taking into consideration various
Govt. Departments / Regulatory Authorities involved
in regulation of various projects, the present practice
is that the following Authorities have been asked to
investigate the above proposals / complaints and
submit their report to the Authority constituted by the
Central Govt.
(i)Setting up and expansion of industries, operations or
processes, manufacture or handling or storage or
disposal of hazardous substances and setting up /
expansion of fish processing units, mechanisam for
disposal of waste and effluents, dumping of city or town
waste – to be examined by the Maharashtra Pollution
Control Board and Fisheries Deptt. of Govt.of
Maharashtra

5. Contd..
(ii) Land Reclamation, bunding or disturbing the
natural course of sea water, mining of sand,
rocks and other sub-strata materials,
harvesting or drawl of ground water and
construction of mechanisms, construction
activities, dressing or altering of sand dunes,
hills, natural features including landscape
changes etc. – Dist.Collector, Mining Authority,
Environment Deptt., Govt.of Maharahstra and
other concerned Development Authorities to
examine such proposals.

6. Contd.
(iii)Manufacture or handling or storage or disposal of hazardous
substances except transfer from ships to port etc. and facilities
for receipt & storage of petroleum products and liquefied natural
gases specified in Annexure-III – State Pollution Control Board
and DISH.
(iv)Fish processing units for modernisation purposes may utilise
25% additional plinth area and hatchery as well as natural fish
drying in permitted areas allowed – Fisheries Deptt. and SPCB.
(v)Mechanisms for disposal of waste and effluents except facilities
for discharging treated effluents into water course with the
approval under Water (P&CP) Act,1974, storm water drains,
treatment of wastes & effluents arising from hotels & beach
resorts in CRZ area [excluding CRZ (i)] – SPCB and
Environment Deptt.

7. Contd..
(vi) Mining of sand etc. except rare minerals not available
outside CRZ area and exploration and extraction
of oil and natural gas – Environment Deptt. & Mining
Deptt.
(vi) Harvesting for drawal of ground water permitted where
no other source of water is available and done
manually through ordinary wells or hand pumps for
drinking & domestic purposes – Marine Deptt./
Irrigation Deptt.
(vi) Construction activities – Municipal Corporation /
Council / District Collector

8. Contd..
(ix) Construction related to projects of Deptt. of Atomic Energy or
defense requirement for which foreshore facilities are essential
(such as slip ways, jetties, wharves, quays etc.) – Defence Deptt.
(ix) Operational constructions for Ports & Harbours and lighthouses
as well as other constructions related thereto – MoEF, GoI /
Environment Deptt. / SPCB
(ix) Exploration and extraction of oil and natural gas and all
associated activities thereto – Petroleum Deptt. and Oil & Natural
Gas Deptt.
(ix) Thermal Power Plants (only for foreshore facilities) for transport of
raw materials for intake of cooling water and outfall for discharge
of treated waste water – MoEF, GoI / SPCB
(ix) Housing schemes as specified in CRZ area – Local Authority /
District Collector.

9. Procedure decided to be followed to inquire
various cases of violations as decided in 137th
Meeting of MCZMA held on 12/2/2007
It was decided to first of all call a report on
investigation of the proposal from respective
Authorities such as Dist.Collector in case of illegal
constructions and violation of CRZ provisions,
Konkan Commissioner in case of destruction of
mangroves and reclamation of land, Fisheries Deptt.
in case of the fishery activities, Pollution Control
Board in case of unauthorised discharges and
violations of industries and Urban Development
Deptt. / District Magistrate in case of violation of
MSW Rules, 2000.

10. Procedure for monitoring of EIA
Notification, 2006
Existing procedure is that Zonal Office- Bhopal
(CPCB), will monitor the compliance of EIA
Notification and conditions.
However, the conditions, which are imposed in the
consent and authorisation granted by SPCB are
monitored by the SPCB

11. Proposed Monitoring Mechanism for CRZ
Notification, 1991 and EIA Notification,2006
On the lines of the various Authorities, which have been
notified under the provisions of the Environment
(Protection) Act, 1986 vide S.O.No.84(E) for collection of
sample under various Acts (62) Authorities can be
considered for the purpose of involving in the Monitoring
Mechanizm depending upon the exact violation. It is
proposed that SPCB are being considered for declaring
as Environmental Protection Authority, can be Monitoring
Authority for the purpose of the conditions prescribed
under the Environment Clearance. Alternatively, a small
committee of various State Government officials can be
constituted from the Environment Deptt., SPCB,
Industries Deptt., State Indl.Development Corpn.,
Dist.Collector, Maritime Board, Local Bodies etc. for
monitoring the compliance of Environmental Conditions
imposed in the EIA Notification/ CRZ Notification.

12. Conclusions
At present, there is no direct monitoring mechanism both
under the EIA Notification and CRZ Notification at the
State Level. As stated above, the proposals are
investigated either by forming small committee of the
Members of State Coastal Zone Management Authority
on the State Leval Environment Appraisal Committee.
However, the committee Members as such are not
having adequate time to cause visit and inspection of
various projects. Therefore, most of times, in case of
State Coastal Zone Management Authority, the reports
are being called from the SPCB, Fishery Deptt.,
Environment Deptt. and other concerned Departments
including Dist.Collector and the officers of the Local
Bodies.

13. Contd..
It is proposed as under :
1.SPCB is having adequate experience in performing multi-
disciplianary role in implementing various Environmental
Laws and also being proposed to be converted into
Environment Protection Authority, can be entrusted with
the monitoring of the compliance of EIA and CRZ
Notifications.
2.Alternatively, the Committee consisting of senior officers
of MPCB and other Govt.Deptts. like Environment Deptt.,
Urban Development Deptt., one of the officers from 7
authorized agencies, Fishery Deptt. Dist.Collectorate
office, Local Body and Port/Maritime Board can be
constituted for monitoring compliance of both the
Notifications. If possible, Police Authority can also be
included in that committee.

14. 14

15. MAHARASHTRA POLLUTION CONTROL BOARD
MUMBAI – 22.
15