Registration for coastal aquaculture

(1) Save as otherwise provided in this section, no person shall carry on, or cause to be carried on, coastal aquaculture in coastal area or traditional coastal aquaculture in the traditional coastal aquaculture unit which lies within the Coastal Regulation Zone referred to in sub-section (9) and is not used for coastal aquaculture purposes on the appointed day unless he has registered his unit with the Authority under sub-section (5) or in pursuance of sub-section (9), as the case may be. (2) Notwithstanding anything contained in sub-section (1), a person engaged in coastal aquaculture, immediately before the appointed day, may continue to carry on such activity without such registration for a period of three months from that day and if he makes an application for such registration under sub-section (4) within the said period of three months, till the communication to him of the disposing of such application by the Authority. (3) The registration made under sub-section (5) or in pursuance of sub-section (9)— (a) shall be valid for a period of five years; (b) may be renewed from time to time for a like period; and (c) shall be in such form and shall be subject to such conditions as may be specified by the regulations. Provided that the Authority may issue a certificate of registration for carrying out coastal aquaculture on the land allotted or assigned by the Government subject to such procedure and for such period, as may be prescribed, but not exceeding the period specified under clause (a) or clause (b), as the case may be. (4) A person who intends to carry on coastal aquaculture shall make an application for registration of his coastal aquaculture unit before the Authority in such form accompanied with such fees as may be prescribed for the purpose of registration under sub-section (5). (5) On receipt of an application for registration of a coastal aquaculture unit under sub-section (4), the Authority shall consider the application in the prescribed manner and after considering the application either register the coastal aquaculture unit or reject the application: Provided that the Authority shall not reject the application without recording the reason for such rejection. (6) The Authority shall, after registering a coastal aquaculture unit under sub-section (5), issue a certificate of registration in the prescribed form to the person who has made the application for such registration. (7) In the case of a farm comprising more than two hectares of water spread area and any other coastal aquaculture unit, no application for registration to commence any activity connected with coastal aquaculture shall be considered under sub-section (5) unless the Authority, after making such inquiry as it thinks fit, is satisfied that registration of such coastal aquaculture unit shall not be detrimental to the coastal environment. (8) Notwithstanding anything contained in this section,— (a) no coastal aquaculture shall be carried on in the ecologically sensitive areas or the geo-morphological features; (b) no coastal aquaculture, except hatchery, Nucleus Breeding Centre and Brood Stock Multiplication Centre shall be carried on in the No Development Zone in the case of sea, and in the buffer zone in the case of creeks, rivers and backwaters; (c) no coastal aquaculture, except seaweed culture, pen culture, raft culture and cage culture activities shall be carried on in creek, rivers and backwaters within the Coastal Regulation Zone: Provided that nothing in this sub-section shall apply in the case of a coastal aquaculture farm which is in existence on the appointed day and to the non-commercial and experimental coastal aquaculture farms operated or proposed to be operated by any research institute of the Government or funded by the Government: Provided further that the Authority may, for the purposes of providing exemption under the first proviso, review from time to time the existence and activities of the coastal aquaculture farms and the provisions of this section shall apply on coastal aquaculture farms in view of such review. Explanation.—For the purposes of this sub-section,– (i) “High Tide Line” means the line on the land up to which the highest water line reaches during the spring tide; (ii) the expressions “ecologically sensitive areas”, “geo-morphological features”, “No Development Zone”, “buffer zone” and “Coastal Regulation Zone” shall have the same meanings as defined in the Coastal Regulation Zone notification issued under the Environment (Protection) Act, 1986 (29 of 1986). (9) Notwithstanding anything contained in this section, any traditional coastal aquaculture unit which lies within the Coastal Regulation Zone declared by the notification of the Government of India in the Ministry of Environment and Forest (Department of Environment, Forests and Wildlife) No. S.O.114(E), dated the 19th February, 1991 and is not used for coastal aquaculture purposes on the appointed day shall be registered under sub-section (5) by producing before the Authority, by the person who is the owner of such unit, the documentary proof of such ownership failing which such unit shall not be registered under sub-section (5) and if such person after such registration does not utilise such unit, within one year, for coastal aquaculture purposes, the registration shall be cancelled by the Authority. (10) A person, who intends to renew the registration of a coastal aquaculture unit made under sub-section (5) or in pursuance of sub-section (9), may make an application within two months before the expiry of such registration to the Authority in the prescribed form accompanied with the prescribed fees and the Authority shall, after receiving such application, renew the registration and for such purpose make an entry with its seal on the registration certificate relating to such form issued under sub-section (6). Provided that the Authority may condone the delay in making application for renewal, subject to payment of such fee for renewal of registration, as may be prescribed. (11) The Authority may refuse to renew the registration of a coastal aquaculture unit under sub-section (10) if the Authority is satisfied that the person to whom such registration is made has failed to utilise such coastal aquaculture unit for coastal aquaculture purposes or without any reasonable cause has violated any provision of this Act or the rules or regulations made there under or any direction or order made by the Authority in pursuance of section 11: Provided that such refusal to renew the registration shall not be made without providing such person an opportunity of being heard. Explanation 1.—For the purposes of this section, “appointed day” means the date of establishment of the Authority. Explanation 2.—For the removal of doubts, it is hereby declared that the expression “to renew the registration” used in sub-sections (10) and (11) shall be construed to include further renewal of the registration. (12) The Authority may vary, amend or modify the certificate of registration issued under this section, in such manner as may be prescribed. (13) In the event of the certificate of registration issued under this Act being defaced or mutilated or lost, the Authority may grant a duplicate certificate, on payment of such fee and in such manner, as may be prescribed.