Page 13 - 5th TERI-KAS Environmental Governance Policy Dialogue
P. 13
Policy Paper
additional expansion of projects that have already received violations and most often harsh actions are not taken as
forest clearance and preliminary surveys in parks and they require involvement of different departments or
sanctuaries by state officials would hold as long as no trees institutions which rarely happens. As has been commented
were cut. Projects that secured clearance under Coastal by former SCZMA members, the SCZMA is reduced to a
Regulation Zone Notification (CRZ) 1991 need not secure committee with little or no power, because all actions are
clearance under 2011 notification. to be taken by the municipality and collectorate at district
Agencies responsible for implementing the EIA and level and state departments and the reality is a result of
ensuring compliance to it are understaffed; have access to what is worked out between these entities rather than
limited resources and to some extent lack the authority to SCZMA directions.
take action or are undermined when taking action by other Traditional rights and customary laws have been dealt
arms of the government. This has been demonstrated with subjectively in the implementation of the notification
numerous times with regard to the Coastal Regulation as have geographical limitations – such as sand dunes,
Zone Notification. The State Coastal Zone Management rivers, number of houses in a particular area, areas of
Authorities (SCZMAs) have a combined total strength of outstanding natural beauty - which were defined loosely.
153 personnel across 9 states and 4 union territories and The authorities’ classification was often in contradiction
8000km long coastline. Many states still do not have District with land use classifications of the revenue or town planning
Level Coastal Committees in place and representation from departments.
fishing communities is largely missing. Until the 2011 CRZ
notification, there was no financial mechanism to cover An enabling regulatory framework
the costs of the Coastal Zone Management Authorities
(CZMA) and the authorities would charge scrutiny fees Environmental governance in India has been based on
and assessment fees or get resources through grants from institutions without powers and means to implement
MoEF. Most of the time of CZMAs would be employed their mandate or on institutions with unclear mandates
in project appraisal which left little time for enforcement, and immeasurable objectives. Successful environmental
monitoring, identifying and taking action on violations and governance requires that governance architecture and
conservation. The workings of CZMA have demonstrated instruments are aligned with the nature of the subject when
conflict of interest with members of the authority – who it comes to regulation. The biophysical characteristics of
are from government departments – facilitating the clearing the resource have a direct bearing on the kind of policies
of projects for their own departments. and governance system and our governance systems have
The lack of resources and the deluge of project not been able to capture these biophysical characteristics
applications for clearance imply that the SCZMA members and their social and cultural relationships. Policy making
rarely visit the sites for projects and violations are also has been influenced by interests and economic agendas
not dealt with appropriately. The states have also not rather than being evidence based and the reason for this
formulated the Coastal Zone Management Plans (CZMPs) has been the lack of information and supporting regulatory
according to the new notification which would define framework to gather meaningful information.
priorities for development on the coast. For CZMP Functioning of ecosystems is complex and their
formulation, authorized agencies are required to mark the interaction with social and economic systems forms the
High Tide Line (HTL) and Low Tide Line (LTL) and core basis of civilization. Our governance framework for this
zones of the coast – which in the scenario of paucity of interaction does not address the whole picture due to
reliable data and verifications on ground has become a long our limited understanding of any of the three spheres
drawn process. This has led to discrepancies with projects - environment, society, economy. The basis for this
being cleared according to one notification but violating the governance framework are the laws and the definitions on
other notification. which regulatory action is taken and the lack of clarity in the
While the notification has outlined the kind of projects interplay of definitions, processes, actions and outcomes
that can be cleared, the actions in case of violations are not greatly weakens this framework.
clearly defined and the states have resorted to different One of the ways of reconciling the gaps is shifting
measures such as demolition or cutting of water or electricity from the existing administrative boundaries to ecologically
supply or notice of violation and penalty. The SCZMAs sensitive boundaries. Such an ecosystem approach would
don’t interact with each other to set uniform actions for encourage more active local participation and have a
better social outcome. All outcomes would further need
13
additional expansion of projects that have already received violations and most often harsh actions are not taken as
forest clearance and preliminary surveys in parks and they require involvement of different departments or
sanctuaries by state officials would hold as long as no trees institutions which rarely happens. As has been commented
were cut. Projects that secured clearance under Coastal by former SCZMA members, the SCZMA is reduced to a
Regulation Zone Notification (CRZ) 1991 need not secure committee with little or no power, because all actions are
clearance under 2011 notification. to be taken by the municipality and collectorate at district
Agencies responsible for implementing the EIA and level and state departments and the reality is a result of
ensuring compliance to it are understaffed; have access to what is worked out between these entities rather than
limited resources and to some extent lack the authority to SCZMA directions.
take action or are undermined when taking action by other Traditional rights and customary laws have been dealt
arms of the government. This has been demonstrated with subjectively in the implementation of the notification
numerous times with regard to the Coastal Regulation as have geographical limitations – such as sand dunes,
Zone Notification. The State Coastal Zone Management rivers, number of houses in a particular area, areas of
Authorities (SCZMAs) have a combined total strength of outstanding natural beauty - which were defined loosely.
153 personnel across 9 states and 4 union territories and The authorities’ classification was often in contradiction
8000km long coastline. Many states still do not have District with land use classifications of the revenue or town planning
Level Coastal Committees in place and representation from departments.
fishing communities is largely missing. Until the 2011 CRZ
notification, there was no financial mechanism to cover An enabling regulatory framework
the costs of the Coastal Zone Management Authorities
(CZMA) and the authorities would charge scrutiny fees Environmental governance in India has been based on
and assessment fees or get resources through grants from institutions without powers and means to implement
MoEF. Most of the time of CZMAs would be employed their mandate or on institutions with unclear mandates
in project appraisal which left little time for enforcement, and immeasurable objectives. Successful environmental
monitoring, identifying and taking action on violations and governance requires that governance architecture and
conservation. The workings of CZMA have demonstrated instruments are aligned with the nature of the subject when
conflict of interest with members of the authority – who it comes to regulation. The biophysical characteristics of
are from government departments – facilitating the clearing the resource have a direct bearing on the kind of policies
of projects for their own departments. and governance system and our governance systems have
The lack of resources and the deluge of project not been able to capture these biophysical characteristics
applications for clearance imply that the SCZMA members and their social and cultural relationships. Policy making
rarely visit the sites for projects and violations are also has been influenced by interests and economic agendas
not dealt with appropriately. The states have also not rather than being evidence based and the reason for this
formulated the Coastal Zone Management Plans (CZMPs) has been the lack of information and supporting regulatory
according to the new notification which would define framework to gather meaningful information.
priorities for development on the coast. For CZMP Functioning of ecosystems is complex and their
formulation, authorized agencies are required to mark the interaction with social and economic systems forms the
High Tide Line (HTL) and Low Tide Line (LTL) and core basis of civilization. Our governance framework for this
zones of the coast – which in the scenario of paucity of interaction does not address the whole picture due to
reliable data and verifications on ground has become a long our limited understanding of any of the three spheres
drawn process. This has led to discrepancies with projects - environment, society, economy. The basis for this
being cleared according to one notification but violating the governance framework are the laws and the definitions on
other notification. which regulatory action is taken and the lack of clarity in the
While the notification has outlined the kind of projects interplay of definitions, processes, actions and outcomes
that can be cleared, the actions in case of violations are not greatly weakens this framework.
clearly defined and the states have resorted to different One of the ways of reconciling the gaps is shifting
measures such as demolition or cutting of water or electricity from the existing administrative boundaries to ecologically
supply or notice of violation and penalty. The SCZMAs sensitive boundaries. Such an ecosystem approach would
don’t interact with each other to set uniform actions for encourage more active local participation and have a
better social outcome. All outcomes would further need
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