Environmental law

Project topic:
Marine pollution

Submitted By
VAISHNAVI PRAKASH
1393
4 Year, 7 Semester, B.A.,LL.B.(Hons.)
th th

Submitted to
DR. Hrishikesh manu
Faculty of Law

Chanakya national Law University, Patna

24 AUGUST, 2018
TH

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Table of Contents
Chapter 1 ................................................................................................................................................ 6

Introduction ............................................................................................................................................ 6

What is Marine Pollution? ................................................................................................................. 6

Causes of Marine Pollution ................................................................................................................ 7

CHAPTER II .......................................................................................................................................... 9

MARINE POLLUTION: AN INTERNATIONAL CONCERN ........................................................... 9

Major Developments in the International Law of Marine Environmental Conservation .................. 9

The 1972 Stockholm Conference on the Human Environment ................................................... 10

The 1982 United Nations Convention on the Law of the Sea ..................................................... 11

Territorial Waters ............................................................................................................................. 12

Exclusive Economic Zone ............................................................................................................... 12

CHAPTER III ...................................................................................................................................... 14

INDIA AND MARINE POLLUTION ................................................................................................ 14

Legal Framework ............................................................................................................................. 15

CHAPTER IV ...................................................................................................................................... 17

COASTAL ZONE MANAGEMENT.................................................................................................. 17

Need for coastal zone management ................................................................................................. 17

ICZM project ................................................................................................................................... 19

Coastal Zone regulations 2011..................................................................................................... 19

CHAPTER V ....................................................................................................................................... 21

CONCLUSION AND SUGGESTION ................................................................................................ 21

BIBLIOGRAPHY ................................................................................................................................ 22

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 DECLARATION

I hereby declare that the work reported in this Project Report entitled “MARINE POLLUTION”
submitted at CHANAKYA NATIONAL LAW UNIVERSITY, PATNA, for the fulfilment of the
B.A.LL.B. (Hons.) Course, is an authentic record of my work carried out under the supervision of
DR. HRISHIKESH MANU. I have not submitted this work elsewhere for any other degree or
diploma.

I am fully responsible for the contents of my Project Report.

NAME:

SIGNATURE :

DATE :

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

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 ACK NO WLE DG EM ENT

I would like to thank my faculty, DR. HRISHIKESH MANU, whose guidance helped me a lot with
structuring my project.

I owe the present accomplishment of my project to my friends, who helped me immensely with
materials throughout the project and without whom I couldn’t have completed it in the present way.

I would also like to extend my gratitude to my parents and all those unseen hands who helped me out
at every stage of my project.

THANK YOU,
VAISHNAVI PRAKASH,
ROLL NO. -- 1393,
SEMESTER – 7TH 2015-2020.

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AIMS & OBJECTIVES
The main objectives of the project undertaken are-
 To gather information on influence of increase in pollution on the marine ecosystem.
 Find out about the steps taken by the state to control and curb marine pollution.

HYPOTHESIS
The researcher is of the prior belief that
 The marine pollution has caused great havoc on the marine life drastically.
 The area is largely unexplored and uncared for due to lack of enough attention paid to the
marine ecosystem.

RESEARCH METHODOLOGY
The researcher intends to adopt a doctrinal method of research for the purposes of this research work.
The doctrinal research methodology provides an ample scope to examine the existing literature from
both primary and non-primary sources.

SOURCES OF DATA
In order to complete the research study, the researcher will collect the material through various
primary and secondary sources of data.

Primary sources such as the occasional policy papers of the State, statutes, commentaries, case-law,
juristic opinions, policy formulations of various governmental bodies, the reports published by
governmental, non-governmental and international organisations.

Secondary sources reviewing the text books, existing literature on the area, the views and
perspectives of stake holders, policy makers and all other relevant sections of the society which
includes the efforts of charitable organizations, non-governmental organizations and philanthropists.

LIMITATION OF THE STUDY

Since the researcher is a student of law, she has access to a limited area and knowledge. The
researcher has limited time for the project. The researcher only has access to limited amount of work
that is available in the library. But the researcher will still attempt to take out the best possible work.

SCOPE OF STUDY
Study will be helpful for law makers (if it will be worth). It will create general awareness among
masses.

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 CHAPTER 1

INTRODUCTION

The marine environment has unique characteristics that distinguish it from other elements of nature.
Since seas and oceans cover more than two thirds of the earth, the marine environment, thus, plays a
vital role in achieving a sort of biological balance on the planet. It also plays an important role in
human life, since it has plenty of nutritious and industrial resources that are important to human life
and welfare. For several decades, seas and oceans are thought to be able to absorb the pollutants
thrown in them due to their vast area without any changes to their natural components.

Recent studies, however, have shown that this belief was wrong, because the marine environment
suffers greatly due to pollutants thrown in them during the past century and a half. 1 The studies have
also shown the extent to which this pollution adversely affects man and other beings. Moreover, after
the Stockholm Conference on the Human Environment, which raised the concern of all peoples and
governments about the degradation of our planet, the Third United Nations Conference on the Law
of the Sea faced, among other things, the task of preparing the legal framework for the international
cooperation necessary to save the oceans.2 The preparation of that legal framework required a prior
agreement on the question of the new rights and duties of states vis-a-vis the new environmental
situation. Therefore, the definitions of the marine environment, the biological and scientific
importance of the marine environment, the importance of the marine environment worldwide and in
international law is of great importance.

WHAT IS MARINE POLLUTION?

Since the marine environment is one of the environmental components, the environment must first be
defined to reach a comprehensive and clear definition of the marine environment:

The International Convention for the Prevention of Pollution from Ships defines pollution of the
marine environment as “any substance which, if introduced into the sea, is liable to create hazards to
human health, to harm living resources and marine life, to damage amenities or to interfere with

1
Salah Elddine Hashem, Protection of Environment during Armed Disputes, Security and Law magazine, Issue 1
January 1995, page 183.
2
Dr. Suleiman Azmi Basha, On Sidelines of Medicine, mentioned by Dr. Ahmed Abu Elwafa: Reflections on
International Protection of Environment from Pollution, Egyptian Magazine of International Law, 1993, Issue 49, page
87.

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other legitimate uses of the sea, and includes any substance subject to control by the present
Convention.3

The UN Convention on the Law of Seas(1982) states that, “The introduction by man, directly, or
indirectly, of substances or energy to the marine environment resulting in deleterious effects such as:
hazards to human health, hindrance to marine activities, impairment of the quality of seawater for
various uses and reduction of amenities.”4

The continued degradation of the human environment has become a major contemporary problem in
all parts of the world. We are polluting our marine environment with increasing amounts and
varieties of waste products originating with our expanding technology, without full knowledge of the
way in which these materials may interact with our surroundings and eventually affect our well-
being.5

So long our civilization did not advance enough to acquire huge material wealth and m creating
equally huge waste, it did not matter. Seas and oceans accepted what was offered to them. But as our
waste increased, we were cured by the what was offered to them.

But as our waste increased, we were cured by the thought of boundless capacity of the sea to accept
and absorb anything and everything, whether it was industrial waste, human waste, or atomic waste.
We did not realize that we are choking our seas, killing our fishes, spoiling marine life and causing
ecological imbalances.6

CAUSES OF MARINE POLLUTION

Domestic Wastes

Domestic waste is the main sources of marine pollution which is dumped directly into sea water.
Rivers also act as large- scale collectors and carriers of waste from diverse sources and off-load them
into the sea. Move over, domestic wastes and sewage include many organic and inorganic
compounds and biological compounds which cause marine pollution.7

3
Shyam Divan, Environmental Law and Policy in India, Oxford India Paperbacks( 2 nd ed.).
4
Clause 4 of Article I of Convention of the Law of Sea, 1982.
5
Miles, Edward L., and William L. Burke. "Pressures on the United Nations Convention on the Law of the Sea of 1982
arising from new fisheries conflicts: the problem of straddling stocks." Ocean Development & International Law 20.4
(1989): 343-357.
6
Zoheb Hossain and Alok Prasanna Kumar; The New Jurisprudence of Scarce Natural Resources: An Analysis of the
Supreme Court’s Judgment in Reliance Industries Limited v. Reliance Natural Resources Limited (2010) 7 SCC 1;
Indian Journal of Constitutional Law; 2010; Vol. 4; p. 105.
7
R.C. Sharma and P.C. Sinha, India’s Ocean Policy (1994), p. 195.

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Industrial Wastes:

Industrial units set up at the banks of seashore discharge all their wastes into the sea. Industrial
wastes also alter natural composition and quality of sea water by adding colour, odour and many
chemical and biological agents to it which lead to marine pollution.8

Radioactive Wastes:

Radioactive materials are also among the major risks of causing marine pollution. Now-a-days many
countries of the world conduct their nuclear tests in oceans. These tests increase the quantity of
radioactive materials in oceans, thereby polluting sea water.9

Oil:

Sources of oil pollutants are petroleum products, cargo tankers washing at sea, accidental spillage
and oil refineries near coastal areas. Oil leakages from corroded pipelines which cross waterways
also lead to oil pollution in sea water.10 Often oil tankers are involved in accidents on the sea and
spill crude oil into the sea water, thereby endangering marine life.

Coastal Environments:

Coastal marine environments are showing signs of stress from increasing pollution from shipping
and mining activities and unsustainable fishing practices. It is estimated that ten percent of the
world’s coral reefs, which support about one-third of the world’s marine fish have been already
severely degraded. If current trends persist, one third of the world’s reefs will be destroyed within
two decades.11

Therefore, the recent history has seen great cause for environmental degradation across the seas.
However, many steps have been taken on the international and national platforms to curb this
damage at the realisation of cost of such pollution.

8
Ibid.
9
Ibid.
10
Zoheb Hossain and Alok Prasanna Kumar; The New Jurisprudence of Scarce Natural Resources: An Analysis of the
Supreme Court’s Judgment in Reliance Industries Limited v. Reliance Natural Resources Limited (2010) 7 SCC 1;
Indian Journal of Constitutional Law; 2010; Vol. 4; p. 105.
11
Philippe Sands and Paolo Galizzi; Documents in International Environmental Law; Cambridge University Press;
Second Edition; p. 700.

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 CHAPTER II

MARINE POLLUTION: AN INTERNATIONAL CONCERN

One of the most remarkable developments in the field of international law in the latter half of the
twentieth century was the increasing concern for the status of the marine environment. Outmoded
ideas that the oceans were somehow bottomless dumping grounds with limitless assimilative
capacity and a ceaseless ability to surrender their resources have been replaced with a new, and more
scientifically oriented, awareness of the oceans’ environmental and ecological health.

The oceans are indeed focal points of this recent and growing environmental consciousness. The
environmental degradation of the oceans is by definition a global problem. Overfishing, vessel and
land-based pollution, unsustainable and environmentally unfriendly exploitation of mineral
resources, as well as the destruction of marine biodiversity are the concerns of all humanity. 12 The
issues raised by marine mammal conservation are unique in the discourse. In future years, the impact
of climate change on the marine environment promises to present even further challenges. The
various problems of marine conservation are potentially devastating to human beings. The
significance of the oceans to industry, nutrition, and the sciences cannot be overstated. The oceans
contribute to our food, medicines, energy, transportation, commerce, defence, and even recreation.

The modern law of the sea and international environmental law have given rise to a proliferation of
legal instruments that will help countries utilize the oceans in a responsible way.

MAJOR DEVELOPMENTS IN THE INTERNATIONAL LAW OF MARINE ENVIRONMENTAL

CONSERVATION

Like all domains of international law, international environmental law is comprised of treaties and
customary law. Both of these sources of law provide supporting, yet distinct, legal obligations to be
applied by states. In practice, however, the treaty has proven to be the dominant and more viable
source in this area of law. Several major conferences and historical events have given life to the
modern field of international environmental law in general and marine environmental conservation in
particular.

12
Churchill R.R. and Lowe A.V. (1992 & 1999). The Law of the Sea. 2nd rev. edn. 370 pp.; 3rd edn. 494 pp.
Manchester: Manchester University Press.

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The 1972 Stockholm Conference on the Human Environment

If one could trace the awakening of an environmental awareness in international law to a single
event, it would likely be the United Nations Conference on the Human Environment held in
Stockholm in 1972 (the Stockholm Conference). While there were in fact environmental crises that
required legal attention before the Stockholm Conference, such as the Torrey Canyon oil spill in
1967, such occurrences were typically dealt with on an ad hoc basis. No comprehensive body of
international law existed to address them although several treaties addressing marine conservation
predated Stockholm. The Stockholm Conference was convened by the United Nations (U.N.)
following growing concerns by the United States and other industrialized countries for such factors
as pollution, population growth, and the exhaustion of natural resources.13 Representing both
developed and less developed countries, 114 states attended the Stockholm Conference. One of the
most palpable difficulties of Stockholm was balancing the views of less developed countries with
wealthier industrial states. Less developed countries maintained that exploitation of natural resources
was a path to economic growth, while developed states tended to view the diminution of resources as
a degradation of the planet. This friction between developed and developing states remains a
substantial factor in the debate over environmental conservation.14

The most significant achievements of the Stockholm Conference were the establishment of the
United Nations Environment Programme (UNEP) and a statement of general principles called simply
the “Stockholm Declaration.” The UNEP is a subsidiary organ of the U.N. and monitors
environmental conditions, implements projects, develops recommended standards, and facilitates the
efforts of various national and international environmental initiatives.15

The Stockholm Declaration sets forth several broad, yet key, principles that have become
cornerstones of international environmental law and are particularly relevant to marine conservation.
First, Principle 1 recognizes the “solemn responsibility to protect and improve the environment for
present and future generations.” It recognizes a special responsibility to safeguard and manage
wildlife and its habitat.16 It warns against the exhaustion of natural resources. Furthermore, it calls
for states to “take all possible steps to prevent pollution of the seas by substances that are liable to

13
Guruswamy L. and Hendricks B. (1997). International Environmental Law in a Nutshell, 466 pp. St. Paul: West.
14
Ibid.
15
Guruswamy L.D., Palmer G.W.R., and Weston B.H. (1994). International Environmental Law and World Order: A
Problem Oriented Coursebook, 1199 pp. St. Paul: West.
16
Principle 1, The United Nations Conference on the Human Environment, 1972. May be accessed at http://www.un-
documents.net/unchedec.htm (retrieved at 30th August 2018).

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create hazards to human health, to harm living resources and marine life, to damage amenities or to
interfere with other legitimate uses of the sea.”17

The Stockholm Declaration addresses “the sovereign right of states to exploit their own resources
pursuant to their own environmental policies, and the responsibility to ensure that activities within
their jurisdiction or control do not cause damage to the environment of other states or of areas
beyond the limits of national jurisdiction.” It recognizes the obligation of states to cooperate to
develop international law concerning liability and compensation for victims of pollution and other
environmental damage.18 The Stockholm Conference was a significant starting point, but for all its
lofty objectives without further substantive action it remained little more than a wish list.
Consequently, Stockholm set in motion more specific attempts to address conservation issues on
different levels. Although one might consider some of the more familiar Stockholm Principles as
customary law, additional treaties would go on to refine and develop those objectives. One can
discern from the Stockholm Declaration, as well as other instruments of law and policy, that the law
with regard to marine conservation is basically comprised of two broad, intimately connected,
categories: pollution and wildlife conservation. Shortly after the Stockholm Conference, negotiations
began on another major document in international law that would give greater legal effect to both of
these substantial concerns.

The 1982 United Nations Convention on the Law of the Sea

The law of the sea has been a centre-piece of international law for centuries. While it has long been
concerned with the breadth of countries’ territorial seas and the matter of maritime boundaries, a
consideration for the ecological component of the oceans is a modern phenomenon. Although the
inherent friction between coastal states and maritime states is as old as international law itself, no
major convention concerning the law of the sea existed until most recently.19

In 1973 negotiations convened for UNCLOS III. More than 150 countries and several specialized
agencies took part in negotiations that lasted nine years. The product was the 1982 United Nations
Convention on the Law of the Sea (UNCLOS).20 UNCLOS is sometimes referred to as a
“constitution of the oceans” because it is so comprehensive in scope; virtually all uses of the oceans
are addressed in the treaty. Numerous provisions address the conservation of the marine environment

17
Principle 21, The United Nations Conference on the Human Environment, 1972. May be accessed at http://www.un-
documents.net/unchedec.htm (retrieved at 30th August 2018).
18
The United Nations Conference on the Human Environment, 1972. May be accessed at http://www.un-
documents.net/unchedec.htm (retrieved at 30th August 2018).
19
Burke W.T. (1994). The New International Law of Fisheries: UNCLOS 1982 and Beyond, 382 pp. Oxford: Clarendon.
20
Nanda V.P. (1995). International Environmental Law and Policy, 458 pp. New York: Transnational.

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and the protection of marine wildlife. Part XII of UNCLOS is entitled “Protection and Preservation
of the Marine Environment” and includes both general and specific obligations of state parties to
prevent, reduce, and control pollution.

The particular contribution of UNCLOS is that it not only fixed the breadth of the territorial sea at a
maximum of 12 nautical miles but it also designated other segments of the ocean where the interests
of coastal states are balanced with the needs of maritime states. 21 Each of these zones carries with it
different rights and responsibilities concerning marine conservation. Beyond and adjacent to the
territorial sea out to a distance of 200 nautical miles is a segment of the ocean referred to as the
Exclusive Economic Zone (EEZ). Seaward of the EEZ, the ocean is designated as the “high seas.”
As these maritime zones progress seaward, from the territorial sea to the high seas, the rights of the
coastal state decreases while the rights of other maritime users increase.

TERRITORIAL WATERS

The territorial sea is an extension of the sovereignty of a state into the section of the ocean adjacent
to its coastline. Historically, the territorial sea was defined as the segment of the ocean that the
coastal state could adequately defend from its shore. This was referred to as the “canon-shot rule.”22
In the eighteenth century the breadth of territorial waters was generally accepted by most states to be
three miles. The 12 nautical mile maximum agreed to at the conference that produced UNCLOS
represented a compromise of various maritime interests. The principle area of disagreement,
however, reflected geostrategic concerns of the Cold War. In the territorial sea, the coastal state
enjoys its greatest rights apart from its own internal waters (e.g. rivers and lakes). The coastal state
has sovereign rights to exploit resources in, and pass prescriptive laws governing, its territorial sea.
The only right enjoyed by maritime states in the territorial sea of another state is the right of
“innocent passage” as defined in UNCLOS.23 The right of a coastal state to legislate environmental
protection, and then enforce those laws, is strongest in the territorial sea.

EXCLUSIVE ECONOMIC ZONE

As defined by the 1982 UN Convention on the Law of the Sea, the exclusive economic zone is an
area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this

21
Article (3) of the 1982 UN Convention of the Law of the Sea.
22
Hinrichsen, Don. Coastal waters of the world: trends, threats, and strategies. Island Press, 2013.P. 158.
23
Colombos, Constantine John, and Alexander Pearce Higgins. The international law of the sea. London: Longmans,
1967, P. 118-125

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Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other
States are governed by the relevant provisions of this Convention.

The EEZ is a particular innovation of UNCLOS and is especially important to marine conservation.
Under Article 56, the coastal state has “sovereign rights for the purpose of exploring and exploiting,
conserving and managing the natural resources, whether living or non-living, of the waters
superjacent to the seabed and of the seabed and its subsoil . . .” in the EEZ.24 The coastal state enjoys
jurisdiction with regard to the protection and preservation of the marine environment. With regard to
the conservation of living resources, the coastal state is required by Article 61 to “determine the
allowable catch of the living resources” in its EEZ. Article 61 further mandates the coastal state,
taking into account the best scientific evidence available, to “ensure through proper conservation and
management measures that the maintenance of the living resources in the [EEZ] is not endangered by
overexploitation.”25 At the same time, Article 61 provides that conservation measures “shall also be
designed to maintain or restore populations of harvested species at levels which can produce the
maximum sustainable yield . . .”26 The importance of Articles 56 and 61 to marine conservation
cannot be overemphasized. They permit coastal states to apply their own conservation laws to huge
segments of the oceans.

The balancing of these objectives is one of the key challenges of the UNCLOS regime. While in
theory the conservation and optimum utilization of resources may be reconcilable, in practice this
has proved quite difficult. The application and interpretation of the concepts of “optimum utilization”
and “maximum sustainable yield” are at the crux of modern conservation disputes. As UNCLOS is a
treaty representing the balancing of interests, the arguments for both exploitation and conservation
can find support in these provisions. Several disputes over fisheries and marine mammal
conservation are directly traceable to disagreements about these objectives.27 In the EEZ, maritime
states may exercise those rights not specifically reserved to the coastal state. For example, they may
exercise freedom of navigation and overflight and the laying of submarine cables and pipelines.
Pursuant to the rights provided for in Articles 56 and 61, maritime states may not exploit resources in
the EEZ of another state unless authorized to do so by the coastal state. Polluters are subject to the
environmental protection laws of the coastal state. UNCLOS recognizes the jurisdiction of the
coastal state to both prescribe and enforce its laws governing the exploration, exploitation,
conservation, and management of the living resources of the EEZ.

24
Article 56, of the 1982 UN Convention on the Law of the Sea.
25
Article 61, of the 1982 UN Convention on the Law of the Sea.
26
Article 61, of the 1982 UN Convention on the Law of the Sea.
27
Nanda V.P. (1995). International Environmental Law and Policy, 458 pp. New York: Transnational.

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 CHAPTER III

INDIA AND MARINE POLLUTION

India’s lengthy coast stretches over 6,000 kms, supporting numerous fishing communities and
driving the economies of coastal villages, towns and cities. The vast resources of the oceans are
essential elements for the survival of coastal communities. Ironically, the world’s marine
environments are also disposal systems for human generated waste. It may be an overgeneralization,
but there is some truth in saying, “Everything comes from the sea and everything returns to the
sea.”28

The implication is that since the oceans have limited resources, there is a need to minimize the
impact that the growing size and number of coastal communities have on marine environments.
Although non-coastal communities also have pressing environmental issues, maintaining
sustainability in coastal development is particularly important because “more than half of the world's
population lives within 60 km of the shoreline, and this could rise to three quarters by the year
2020”.29 At the advent of the 21st century, there are 20 cities in the World with a population of over
10 million, of which sixteen of those cities are along coastlines. Growing populations not only put a
greater strain on already depleting resources, but are also responsible for the degradation of marine
habitats for those resources.

According to the report of the Independent World Commission on the Oceans (1998), over 70 per
cent of the world’s fish stocks are being exploited at or even beyond sustainable limits. “Over 80 per
cent of all marine pollution originates from land-based sources which are primarily industrial,
agricultural and urban”.30 The need to rethink development planning in coastal areas is undeniable.
Steps towards the sustainable development of coastal communities should be involved by
researchers, educators, and planners from a coordinated network of international aid agencies,
nongovernmental organizations (NGOs), national policy makers, and local communities.

India’s ocean resources are primarily threatened by terrestrial sources of pollution, seemingly
regulated under the Water Act, 1974 and the Environment (Protection) Act, 1986. Several Indian
28
Zoheb Hossain and Alok Prasanna Kumar; The New Jurisprudence of Scarce Natural Resources: An Analysis of the
Supreme Court’s Judgment in Reliance Industries Limited v. Reliance Natural Resources Limited (2010) 7 SCC 1;
Indian Journal of Constitutional Law; 2010; Vol. 4; p. 105.
29
Philippe Sands and Paolo Galizzi; Documents in International Environmental Law; Cambridge University Press;
Second Edition; p. 700.
30
Ibid.

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coastal cities such as Bombay directly discharged untreated sewage water into the sea. Further,
industrial wastes and pesticides run off and contaminate the ocean. Even in the 1970s, there was
heavy metal contamination in coastal waters of Bombay and Gujarat. 31 This has only become worse
with time. India is very much concerned about protection of marine environment and biodiversity..
There are many laws for the protection of marine biodiversity in India.

LEGAL FRAMEWORK

The Environment Protection Act (EPA), 1986 is an umbrella legislation that regularizes the various
activities in coastal zone. Supreme Court Intervention that all the Coastal States prepare their CZMPs
by 1996. This Act provides guidelines for hazardous waste management and also for the import and
export of hazardous waste in Country. The objective of this Act is to conserve and protect the
environment. It is followed by Coastal Regulation Zone Notification, 1991, Coastal Zone
Management Plans (CZMPs) and Environmental Impact Assessment Notification, 1994 & 2006.32

There are also a plethora of having provisions especially for marine pollution such as the Water
(Prevention and Control of Pollution) Act, 1974 which oversees control of pollution from land-based
sources Pollution Control Board was constituted under this Act. Further, Maritime Zones Act, 1976
which describes various zones such as territorial waters, EEZ, Continental shelf.

Further, India is also signatory to many international treaties namely, UNCLOS, Basil Convention
1992, Ocean Policy Statement, MARPOL. They contain specific provisions for the monitoring of
hazardous waste. A number of articles oblige Parties (national governments which have acceded to
the Convention) to take appropriate measures to implement and enforce its provisions, including
measures to prevent and punish conduct in contravention of the Convention.33 The Ocean Policy
Statement sets out basic principles through which the development of ocean is to be carried out.
While, MARPOL deals with disposal of ship-based wastes.

The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zone Act,
1976 also provides exhaustive framework for the same. The Sections 6(3)(d) and 7(4)(d) confer

31
Shyam Divan, Environmental Law and Policy in India, Oxford India Paperbacks( 2 nd ed.).
32
Mahesh R. Sharanappa, Marine Pollution and controls – Need for a Comprehensive Environmental Impact Assessment
Laws http://www.vmslaw.edu.in/marine-pollution-and-controls-need-for-a-comprehensive-environmental-impact-
assessment-laws/ retrieved on 30th August, 2018.
33
Mahesh R. Sharanappa, Marine Pollution and controls – Need for a Comprehensive Environmental Impact Assessment
Laws http://www.vmslaw.edu.in/marine-pollution-and-controls-need-for-a-comprehensive-environmental-impact-
assessment-laws/ retrieved on 30th August, 2018.

Page | 15
exclusive jurisdiction on the central government to preserve and protect the marine environment and
to prevent and control marine pollution within the CS and EEZ.34

Apart from the general provision, there are no specific regulations under the Territorial Waters Act to
regulate the dumping of the substances in the sea or other causes of marine pollution. The Indian
Coast Guards patrols the maritime zones and is responsible for ‘taking such measures as are
necessary to preserve and protect that maritime environment and to prevent and control marine
pollution.’35

There are also various CRZ notifications that deal with control and management of coastal areas.

34
The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zone Act, 1976.
35
Section 14(2)(c), The Coast Guard Act, 1978.

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 CHAPTER IV

COASTAL ZONE MANAGEMENT

The shore is the place where sea and land meet. Geographers, Geologists and Biologists unanimously
acknowledge the unique properties of coastal zones as the contact zone between the lithosphere and
the hydrosphere. This interface is represented on geographic maps as a thin coastline. This line, also
known as the shoreline, is a good example of the statistic approach to shore study. Actually, the
interface is a dynamic system. The size, boundaries and shape of this system constantly change under
the influence of different factors both natural and anthropogenic. In order to take into account coastal
dynamics, it is more appropriate to use the term coastal area, or zone rather than coastline.

NEED FOR COASTAL ZONE MANAGEMENT

India has about 7500 kms of coastal areas including islands, many segments of which are fragile and
sensitive from the environmental angle. Apart from the high population density, the coastal areas are
also vulnerable and sensitive to the impacts of possible sea level rising, rise in the high tide levels,
cyclones and storms etc. which are influenced by climate change. Development activities in the
coastal areas are regulated by means of the Coastal Regulation Zone (CRZ) Notifications and
Integrated Coastal Zone Management (ICZM) Plans made under them.36 The National Environment
Policy (NEP) recognizes that there is need to ensure that the regulations are firmly founded on
scientific principles, in order to ensure effective protection to valuable coastal environmental
resources without impeding livelihoods or legitimate coastal economic activity or settlements, or
infrastructure development. The NEP accordingly envisaged an action plan to strengthen the ICZM
and review the same at pre-determined intervals. The Plan also provided for decentralization of the
responsibility for the clearances of specified projects to State Environmental Authorities, exempting
activities which do not cause significant environmental impacts and are consistent with approved
ICZM plans.37 Coastal environmental resources include mangroves, coral reef, estuaries, coastal
forests, genetic diversity, sand dunes, geomorphologies, sand beaches, and land for agriculture and
human settlements, coastal infrastructure, and heritage sites. The NEP notes that in the recent years
there has been significant degradation of coastal resources mainly on account of poorly planned

36
Coastal Zone regulations, http://iced.cag.gov.in/wp-content/uploads/2013/09/coastal%20zone%20mgmt.pdf retrieved
on 30th August, 2018.
37
Dr. R N Sankhua, Integrated Coastal Zone Management and Coastal Regulation Zone http://cwc.gov.in/CPDAC-
Website/Training/9_ICZM_NWA.pdf retrieved on 30th August, 2018.

Page | 17
human settlements, improper location of industries and infrastructure, pollution from industries and
settlements, and overexploitation of living natural resources.38 Impact of climate change by way of
sea level and high tide rising will have direct and indirect adverse impact on coastal reaches in the
future. The NEP accepts that the main cause of these ‘proximate factors’ is the inadequate
institutional capacities for, and participation of local communities in, the formulation and
implementation of coastal management plans, the open access nature of many coastal resources, and
lack of consensus on means of provision of sanitation and waste treatment. The specific measures
proposed include construction of coastal protection infrastructure and cyclone shelters as well as
plantation of coastal forests and mangroves. The National Action Plan (NAP) aims to focus mainly
on two elements, namely, coastal area protection and early warning systems. The NAP includes
several programmes for coastal area development and protection. In the audit of coastal
management, all the above factors should receive adequate attention. The notification issued by
MOEF on Coastal Zones declares the coastal stretches of seas, bays, estuaries, creeks, rivers and
backwaters which are influenced by tidal action in the landward side up to 500 m from the High Tide
Line (HTL) and the land between the Low Tide Line(LTL) and HTL as Coastal Regulation Zone
(CRZ).39 HTL is the line on the land up to which the highest water line reaches during the spring
tide. The distance from the HTL will apply to both sides in the case of rivers, creeks, and backwaters
etc. to be notified on a case-by-case basis. The Notification envisages that the HTL would be
demarcated by authorized agencies uniformly. However, this is yet to be done.

Restrictions on Establishing Industries and Processes on Coastal Zones

Several restrictions have been imposed on setting up of and expansion of industries, operations and
processes etc. in the CRZ. These include restrictions on setting up of new industries except those
directly related to waterfront or directly needing foreshore facilities and the projects of the
Department of Atomic Energy. Further, the handling and storage of hazardous materials, setting up
or expanding fish processing units etc. also fall within the restricted list. As per the classification,
CRZ I which falls between HTL and LTL is the most ecologically sensitive area and no new
constructions are permitted over them.40 On the other hand, as regards to CRZ II, which is the next in
classification, State authorities are to prepare plans for their protection, but buildings will be

38
Draft summary report (2011), Integrated Coastal Zone Management report, Ministry of Environment and Forests,
Government of India.
39
Dr. R N Sankhua, Integrated Coastal Zone Management and Coastal Regulation Zone http://cwc.gov.in/CPDAC-
Website/Training/9_ICZM_NWA.pdf retrieved on 30th August, 2018.
40
Coastal Zone regulations, http://iced.cag.gov.in/wp-content/uploads/2013/09/coastal%20zone%20mgmt.pdf retrieved
on 30th August, 2018.

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permitted only on the landward sides of existing roads, structures etc. 41 Moreover, the design and
construction of any buildings permitted under the rules have to be environment-friendly. Areas up to
200m from HTL are to be marked as ‘No Development Zones’. However, subject to certain
guidelines, designated areas within the CRZ III may be earmarked for development of tourism
resorts and hotels.42

ICZM PROJECT

Recently, Central Government has approved an ICZM (Integrated Coastal Zone Management)
project at a cost of Rs.1156 crore to develop capacity and institutions to effectively implement the
CRZ Notification, 1991 aimed to control pollution of coastal waters and to expand livelihood options
for coastal communities.43 The project includes the proposal for hazard mapping along the 7500 km
coastline, which was long overdue and will be carried out by the Survey of India. All fragile coastal
areas will also be identified and demarcated as part of the project and the ‘Critically Vulnerable
Coastal areas’ will be assigned special attention for initiating protectionary measures. The Society of
Integrated Coastal Management (SICOM), is the nodal agency for the major Integrated Coastal Zone
Management Project (ICZM) being implemented by the Government of India.

Coastal Zone regulations 2011

The Coastal Regulation Zone Notification issued on 6th January 2011 under Section 3 (1) & Section
(2) (v) of the Environment (Protection) Act 1986 and Rule 5 (3) (d) of the Environment (Protection)
Rules 1986, supersedes the CRZ Notification issued on 19th February 1991. The Coastal Regulation
Zone Notification, 2011(herein after referred as CRZ Notification2011) has come into force with a
view to ensure:

 Livelihood security to the fisher communities and other local communities, living in the
coastal areas, to conserve and protect coastal stretches.
 To promote development through sustainable manner based on scientific principles taking
into account the dangers of natural hazards in the coastal areas, sea level rise due to global
warming.

41
Draft summary report (2011), Integrated Coastal Zone Management report, Ministry of Environment and Forests,
Government of India.
42
Coastal Zone regulations, http://iced.cag.gov.in/wp-content/uploads/2013/09/coastal%20zone%20mgmt.pdf retrieved
on 30th August, 2018.
43
Ibid.

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  To declare the coastal stretches of the country and the water area upto its territorial water
limit.
 Restricts the setting up and expansion of any industry, operations or processes and
manufacture or handling or storage or disposal of hazardous substances as specified in the
Hazardous Substances.

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 CHAPTER V

CONCLUSION AND SUGGESTION

Having gone through the different Enactments and the Conventions to which India is signatory, it
can be suggested that, initially, the stricter implementation of the available Enactments through
available authorities has to be ensured. The International Seabed Authority (ISA) must adopt
appropriate rules, regulations and procedures for; inter alia, the prevention, reduction and control of
pollution and other hazards to the marine environment, including the coastline and of interference
with the ecological balance of the marine environment. Particular attention should be paid to the
need for protection from harmful effects of such activities as drilling, dredging, excavation, disposal
of waste, construction and operation or maintenance of installations, pipelines and other devices
related to such activities; and for the protection and conservation of the natural resources of the Area
and the prevention of damage to the flora and fauna of the Marine Environment.

Protecting and maintaining biodiversity is necessary for the wellbeing of our environment and for the
development of human life. Human beings depend on various marine plants, animals and their
ecological functions for their survival. Aquatic and terrestrial biodiversity are sources of food,
medicine, shelter, energy and the raw materials that is required for survival. Although it is hardly
ever recognized, each marine genus or species has a significant role in making lives comfortable,
healthier, easier and more dynamic. More or less, all the components of environment are equally
important for ecosystem. Though there are many laws for the protection of biodiversity but still there
is need for proper implementation and for proper implementation there is need of awareness among
the common people. Therefore, the world community has focused on creating awareness among the
common people by arranging various conventions, conferences and declarations so that conservation
and preservation of marine biodiversity can be done for present and future generation. Thus, it can be
concluded by saying that exploitation of marine biodiversity must be done but it should be done in a
sustainable manner.

The current Best Practice is to have a framework of legislation, policy and guidelines, risk based
approach, longer-term simple permits, issue-based monitoring and a partnership approach for the
better control over the Marine Pollution.

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 BIBLIOGRAPHY
International Treaties, Conventions

 The United Nations Conference on the Human Environment, 1972

 The United Nation Convention on the Law of Seas, 1982

Statute

 The Coast Guard Act, 1978

 The Environment (Protection) Act, 1986
 The Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime
Zone Act, 1976.
 Water Act, 1974

Books

 Burke W.T. (1994). The New International Law of Fisheries: UNCLOS 1982 and Beyond,
Oxford: Clarendon.
 Churchill R.R. and Lowe A.V. (1992 & 1999). The Law of the Sea. 3rd edn. Manchester:
Manchester University Press.
 Favre D. (1989). International Trade in Endangered Species: A Guide to CITES, 424 pp.
Dordrecht: Nijhoff.
 Guruswamy L. and Hendricks B. (1997). International Environmental Law in a Nutshell, St.
Paul: West.
 Guruswamy L.D., Palmer G.W.R., and Weston B.H. (1994). International Environmental
Law and World Order: A Problem Oriented Coursebook, St. Paul: West
 Kiss A. and Shelton D. (2000). International Environmental Law. 2nd edn., New York:
Transnational.
 Nanda V.P. (1995). International Environmental Law and Policy, New York: Transnational.
 Zoheb Hossain and Alok Prasanna Kumar; The New Jurisprudence of Scarce Natural
Resources: An Analysis of the Supreme Court’s Judgment in Reliance Industries Limited v.
Reliance Natural Resources Limited (2010) 7 SCC 1; Indian Journal of Constitutional Law;
2010.
 Philippe Sands and Paolo Galizzi; Documents in International Environmental Law;
Cambridge University Press.
 Shyam Divan, Environmental Law and Policy in India, Oxford India Paperbacks, 2nd Edition.

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Websites

 Coastal Zone regulations,

http://iced.cag.gov.in/wp-content/uploads/2013/09/coastal%20zone%20mgmt.pdf
 Dr. R N Sankhua, Integrated Coastal Zone Management and Coastal Regulation Zone
http://cwc.gov.in/CPDAC-Website/Training/9_ICZM_NWA.pdf
 Mahesh R. Sharanappa, Marine Pollution and controls – Need for a Comprehensive
Environmental Impact Assessment Laws
http://www.vmslaw.edu.in/marine-pollution-and-controls-need-for-a-comprehensive-
environmental-impact-assessment-laws/

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