marine life, coastal ecosystems and lakes etc.
Laws that protect the sea, the coast, wetlands and lakes
In one minute
No single Act protects the sea, the coast and lakes. Several laws apply. The Maritime Zones Act, 1976 fixes India's sea limits. The Water Act can cover sea and tidal waters if a State notifies them. A Coastal Regulation Zone notification controls building near the shore.
Lakes and wetlands are protected by the Wetlands Rules, 2017. The Supreme Court has stopped shrimp farms in the coastal zone and applied the public trust doctrine to natural resources.
Exam focus
- Frequency: Rarely asked
- Usually asked as: Long answer (10 to 15 marks)
Legal provision
- Section 3, Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976: Indian sovereignty extends to the territorial waters, with their seabed and subsoil and the air above. The outer limit is twelve nautical miles from the nearest point of the baseline. The Central Government may alter the limit by notification.
- Section 2(j), Water Act, 1974: "stream" includes sea or tidal waters, to the extent or point the State Government specifies by notification.
- Environment (Protection) Act, 1986: the source of the Coastal Regulation Zone notifications, made under the Central Government's power to restrict areas and set safeguards.
- Wetlands (Conservation and Management) Rules, 2017: published in the Gazette on 26 September 2017.
- Article 48A and Article 51A(g): the State must protect the environment, and citizens must protect lakes, rivers and wild life.
Meaning and definition
This topic covers three habitats that face different pressures. Marine life lives in the sea and is exposed to discharge from land and ships. Coastal ecosystems include mangroves, coral reefs and the estuary where a river meets the sea. Lakes are inland water bodies, often within a wetland.
India also has an exclusive economic zone, where a coastal State has sovereign rights over resources and a duty to protect the marine environment. The 1976 Act is the Indian law on these zones.
Detailed explanation
Step 1: marine life and sea pollution
Under the 1976 Act, India has sovereignty over its territorial waters. Sea and tidal waters can also come within the Water Act if the State Government notifies them. The Water Act definition of pollution then applies to a discharge into those waters. Discharge of effluent into the sea from a factory at the coast therefore needs the State Board's consent under section 25 of that Act.
Example. A fish-processing unit near Visakhapatnam wants to pipe its waste into the sea. The State has notified the sea waters near the port under the Water Act. The unit must obtain the Board's consent before it discharges.
Step 2: coastal ecosystems and the CRZ
The Coastal Regulation Zone (CRZ) notification restricts activities along the coast. The 2019 notification divides the coast into four main categories.
- CRZ-I: ecologically sensitive areas such as mangroves and coral reefs (CRZ-IA), and the area between the low and high tide lines (CRZ-IB).
- CRZ-II: built-up urban land close to the shore.
- CRZ-III: rural and less disturbed land. It keeps a no development zone from the high tide line, 50 metres in densely populated parts and 200 metres elsewhere.
- CRZ-IV: the water area from the low tide line outwards.
The CRZ is a notification under the 1986 Act, not an Act of Parliament. The Coastal Regulation Zone was first notified in 1991 and has been revised, most recently in 2019.
Step 3: lakes and wetlands
The Wetlands (Conservation and Management) Rules, 2017 manage notified wetlands on the principle of "wise use". They prohibit conversion to non-wetland uses, including encroachment of any kind, and the setting up or expansion of industries inside wetlands. State Wetlands Authorities identify wetlands in each State and recommend them for notification.
Example. A builder fills part of a notified lake in Bengaluru to raise flats. The conversion for non-wetland use is prohibited under the 2017 Rules. Residents can complain to the State Wetlands Authority or approach the National Green Tribunal.
Step 4: the public trust doctrine
In M.C. Mehta v. Kamal Nath the Court held that the public trust doctrine is part of the law of the land. The State holds natural resources such as rivers and their banks for the public. It cannot convert them into private property.
Exceptions and special rules
Not one Act
The rules above are spread over a statute, notifications and rules. In an answer, name the source for each point. The CRZ is a notification, the Wetlands Rules are rules, and the Maritime Zones Act is a statute.
Check the current notification
Distances and categories change when a CRZ notification is revised. Read the current notification before you write a distance in an answer.
Don't confuse: CRZ categories
| Category | Area | Idea |
|---|---|---|
| CRZ-I | Mangroves, coral reefs, intertidal zone | Strictest protection |
| CRZ-II | Built-up urban land near the shore | Developed area |
| CRZ-III | Rural, less disturbed land | No development zone from the high tide line |
| CRZ-IV | Water area from the low tide line outwards | Marine waters |
Inside the concept. A hotel is planned on a mangrove patch. This is CRZ-I land, where building is restricted.
Just outside it. A shop is planned on an old market street in a port city, inside the municipal limits. It is built-up land, so CRZ-II rules apply, not CRZ-I.
Common mistakes
- Calling the CRZ an Act of Parliament. It is a notification under the Environment (Protection) Act, 1986.
- Saying the Water Act always covers the sea. It does so only to the extent the State Government notifies.
- Forgetting that the CRZ is revised from time to time.
Leading case laws
- M.C. Mehta v. Kamal Nath
Facts. A motel company leased forest land on the bank of the Beas. The Court took notice of a news report that the motel was diverting the river.
Principle. The public trust doctrine is part of the law of the land. The lease was cancelled.
Why it matters. It protects rivers, banks and other natural resources from private appropriation.
S. Jagannath v. Union of India (1997) 2 SCC 87, decided on 11 December 1996, held that shrimp farms inside the prohibited area under the CRZ notification cannot be permitted. The industry is not directly related to the water front.
How to write this answer in the exam
5-mark answer
- Maritime zones under the 1976 Act.
- CRZ notification under the 1986 Act.
- Wetlands Rules, 2017.
- Public trust doctrine.
10-mark answer
- Why no single Act covers these habitats.
- Marine zones and the Water Act for sea waters.
- CRZ categories, with the comparison table.
- Wetlands Rules and their prohibitions.
- Kamal Nath and S. Jagannath.
Key points to remember
- Territorial waters extend twelve nautical miles from the baseline (1976 Act, section 3).
- Water Act covers sea or tidal waters only as the State notifies (section 2(j)).
- CRZ is a notification under the 1986 Act, revised in 2019.
- Wetlands Rules, 2017: wise use, no conversion, no new industry.
- Kamal Nath: public trust. S. Jagannath: no shrimp farms in the prohibited coastal area.
Quick self-test
1. How far do territorial waters extend?
Twelve nautical miles from the baseline.
2. Under which Act is the CRZ notified?
The Environment (Protection) Act, 1986.
3. What does the public trust doctrine say?
The State holds natural resources for the public and cannot hand them to private owners.