Order of the Ministry of Environment and Forests establishing the Odisha Coastal Zone Management Authority

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S11~CfS'(D) ~~~r 3I'h~~~ $ ~arar 31R~ 'iii 31'EfR"gTit I XXVII.~ '1Iil 3f1RT j&il('lll '1q;):tQ'1 "1f~~ t [lM.W. 12-2/2005--anW-III] c<~ (lr.lfrlr~ ~~ \ . [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART-lI, SECTION 3, SUB-SECTION Iii)) MINISTRY OF ENVIRONMENT AND FORESTS ORDER New Delhi, 11:e . I.l'.~~.: .., 2011: S.O.4J.'~(E)- In exercise of the powers conferred by sub-sections (II and (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986) (hereinafter referred to as the said Act], the Central Government hereby constitutes an Authority to be known as the Odisha Coastal Zone Management Authority thereinafter 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 Order in the Official Gazette, namely 1. Principal Secretary, Environment and Forests Chairman Department, Government of Odisha 2. Sri Mangaraj Panda Secretary, United Artists' Member Association, At-Raula Street, PO/Dist. Ganjam 761026 3. Project Director, Integrated Coastal and Marine Member Area Management, Department of Ocean Development, Chennai . 4. Dr. Rabindra Nath Hota, Professor of Geology, Member Utkal University, Bhubaneswar 5. Head of Department, Department of Marine Member Science, Berhampur University. Odisha 6. Commissioner-cum-Secretary to Government, Member Housing and Urban Development Department, Government of Odisha. 7. Commiseioner-cum-Secretary to Government, Member Fisheries and Animal Resources Development Department, Government of Odisha 8. Principal Chief Conservator of Forest (WL) and Member Chief Wildlife Warden, Odiaha 9. Chairman, State Pollution Odisha or Member Secretary, Control Board, Odisha Control Board, State Pollution Member 10. Chief Executive, Chilika Development Authority, Member Bhubaneewar 11. Chief Executive, Odi.sha Space Application Member Centre, Bhubaneshwar 12. Chief Conservator of Forests, Regional Office of Ministry of Environment. and Forests, Bhubaneswar Member 13, Director, Environment-cum-Special Secretary to Member Government, Forest and Environment Secretary Department Government of Odisha II. The Authority shall have the power to take the following measures for protecting and improving the quality of the coastal environment and preventing, abating aad controlling environmental pollution in areas of the State of Odishac namely> [i] examination of proposals for changes or modifications in classification of Coastal Regulation Zone areas and in the Coastal Zone Management Plan tCZMPj received from the Odisha State Government and making specific recommendations from Coastal Regulation Zone point of view as per the provisions of Coastal Regulation Zone Notification, 2011; [ii] [a] inquiry into cases of alleged violation of the provisions of the said Act or the rules made thereunder or any other law which is relatable to the objects of the said Act and, if found necessary in a specific case, issuing dirccttc-s under section 5 of the said Act, insofar as such directions. are not inconsistent with any direction issued in that specific case by the National Coastal Zone Management Authority or by the Central Government; (b) 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 referring such cases, with comments, for review to the National Coastal Zone Management Authority: Provided that the cases under sub-paragraphs (ii) (a) and Iii) [b] of paragraph II only be taken up suo motu or on the basis of complaint made by an individual or an representative body or an organization; (iii) filing complaints, under section 19 of the said Act, in cases of non-compliance of the directions issued by it under sub-paragrapha (il and (ii) of paragraph II of this Order; (iv) to take action under section 10 of the said Act to verify the facts concerning the issues arising from sub-paragraphs Ii) and (ii) of paragraph II of this Order. III. The Authority shall deal ....-ith environmental issues relating to Coastal Regulation Zone which may be referred to it by the State Government of Odisha, the National Coastal Zone Management Authority or the Central Government, as the case may be. IV. The Authority shall identify ecologically sensitive areas in the Coastal Regulation Zone and formulate area-specific management plans for such identified areas. V. Authority shall co-ordinate for implementing conservation projects or projects related to upliftment of coastal population protection etc. VI. The Authority shall identify coastal areas highly vulnerable to erosion or degradation and formulate area-specific management plans for such identified a-reas and arrange for funding for the implementation of the same. VII. The Authority shall identify economically important stretches in the Coastal Regulation Zone and prepare integrated Coastal Zone Management Plans for the same. VIII. The Authority shall submit the plans prepared by it under paragraphs IV,'1 and VI above and modifications thereof to the National Coastal Zone Management Authority for examination and its approval. IX. The Authority shall ensure compliance of all specific conditions that are laid down in the approved Coastal Zone Management Plan of Odisha and Coastal Zone Regulation Notification, 2011. X. The Authority shall furnish report of its activities at least once in six months to the National Coastal Zone Management Authority and the Ministry of Environment and Forests. XL The quorum of the meeting of G1.e Authority shall be one third of the total number of the members and in case the quorum is not available, the meeting shall be adjourned for 30 minutes and shall be reconvened. XII. The foregoing powers and functions of the Authority shall be SUbject to the supervision and control of the Central Government. XIII. The Authority shall have its Bank Account in the National Bank to deposit the funds or fees received from the State Government, funding agencies or project authorities etc. XIV. The State Government shall ensure that sufficient resources, manpower, funds are available to the Authority to discharge its functions effectively as envisaged In the Notification and Environment [Protection] Act, 1986. XV. The Authority shall take ail necessary measures and initiatives including programme execution, research, information dissemination, training, awareness day to day functioning, and advocacy etc. and adopt suitable procedures and means including raising resources, funding etc. for the same. XVI The Authority shall prepare and submit Coastal Regulation Zone maps of the coastal areas in the State as per the procedure laid down in the Coastal Regulation Zone Notification, 2011 to the National Coastal Zone Management Authority and the Ministry of Environment and Foresta. XVII. The Authority shall regularly review the functioning District Coastal Zone Monitoring Committees. XVIII. The Authority shall direct all concerned planning authorities, field agencies, district collector to ensure the compliance of provisions of Coastal Regulation Zone Notifications and take suitable action in case of violations or non- compliance. XIX. The pay and allowances such as TA, DA, Seating Fees, Field visit fees etc. shall be as per the norms decided by the Ministry of Environment and Forests/ Central Government. XX. The Authority, whenever required shall invite other expert as a member during its meeting. XXI. Any matter specifically not falling within the scope and jurisdiction of the Authority shall be dealt with by the statutory authorities concerned. XXII. The Authority may levy scrutiny fees as a polluter pays principle in consultation with the Environment Department. XXIII. The Authority shall process all the matters, proposals received, referred to or placed before it for Coastal Regulation Zone Clearance as per the procedure laid down in Coastal Regulation Zone Notification, 20::'1 and clarifications and guidelines issued by Ministry of Environment and Forests. XIV. The Powers of issuing directions under section 5 of Environment (Protection) Act, 1986, read with Coastal Regulation Zone Notification, 2011 are delegated to the Authority and Chairman of the Authority and in case the directions are issued by Chairman, the status of those directions shall be placed before the Authority in its next meeting. xxv. To maintain transparency in the working of the Coastal Zone Management Plans it shall be the responsibility of the Coastal Zone Management Authority to create a dedicated website and post the agenda. minutes, decisions taken, clearance letters, violations. action taken on the violations and court matters including the Orders of the Hon'ble Court as also the approved Coastal Zone Management Plans of the respective State Government or the Union territorv, as the case may be. XXVI.The foregoing powers and functions of the Authority shall be subject to the supervision and control of the Central Government. XXVII. The Authority shall have its headquarters at Bhubaneshwar. [F.No.12-2/2005-IA-II1J t-->-£ Rajiv Gauba Joint Secretary