02 September 2024 – The Indian Express

Nicobar Port Plan – From Controversy to Conditional Approval

Context/Why in News?

• The ambitious Great Nicobar ‘Holistic Development’ Project, led by NITI Aayog, has sparked intense debate due to its environmental and social implications. Initially, the project was flagged as being within a no-go zone, but recent developments have seen it gain approval from a high-powered committee (HPC) under the National Green Tribunal (NGT). This decision has reignited discussions on the balance between development and conservation.

What is the Great Nicobar ‘Holistic Development’ Project?

Project Overview:

• Launched: 2021
• Objective: The Great Nicobar Island (GNI) project is a large-scale infrastructure initiative aimed at transforming the southern tip of the Andaman and Nicobar islands.

Key Components:

• Trans-shipment Port: The development of an International Container Trans-shipment Terminal (ICTT) aimed at enhancing the regional and global maritime economy.
• Greenfield International Airport: A new airport designed to improve global connectivity.
• Township Development: Proposed urban expansion potentially including a Special Economic Zone (SEZ).
• Power Plant: A 450 MVA gas and solar-based power plant to meet energy demands.
• Strategic Location: Situated near the Malacca Strait, a critical maritime route that connects the Indian Ocean with the Pacific Ocean. This location is vital for bolstering India’s strategic interests, especially in light of rising Chinese influence in the region.

Strategic Importance:

• Military Enhancements: The project aims to support the deployment of additional military assets, including larger warships, aircraft, and missile batteries, thereby strengthening India’s defense capabilities in a geopolitically sensitive region.

Environmental Impact:

• Deforestation: The project involves the felling of approximately 850,000 trees in the biodiverse rainforests of Great Nicobar.
• Wildlife Displacement: The de-notification of the Galathea Bay Wildlife Sanctuary and the establishment of a “zero extent” eco-sensitive zone for Galathea National Park pose serious threats to the habitats of unique species, including the Nicobar Megapode and leatherback turtles.
• Ecological Destruction: The construction risks causing irreversible damage to the island’s unique tropical evergreen forests, which are home to numerous endemic species.
• Biodiversity Protection: The project contradicts India’s commitments under the Convention on Biological Diversity to halt and reverse biodiversity loss by 2030 and protect areas of high ecological value.

Concerns for Local Tribes:

• Displacement: The Shompen and Nicobarese tribes, the island’s indigenous inhabitants, face potential displacement and cultural disruption. Despite assurances of tribal protection, local communities have expressed dissatisfaction, withdrawing their consent for the project in November 2022—a necessary step for the project’s progression since the land forms part of a tribal reserve.

Technical and Legal Challenges:

• Seismic Risks: The Great Nicobar region is situated on a major fault line, making it prone to earthquakes and tsunamis. Yet, there has been no comprehensive risk assessment conducted for these natural hazards.
• Inadequate Environmental Reports: The Environmental Impact Assessment (EIA) report has been criticized for not fully complying with several Terms of Reference and for failing to adequately address critical environmental and social impacts.
• Legal Issues: Several approvals and exemptions granted under laws protecting forests, tribal rights, and coastal ecosystems could face legal challenges in courts and tribunals.

Initial Concerns: Why Was the Project Flagged in a No-Go Zone?

Preliminary Information:

• Environmental Flag: The Andaman & Nicobar Coastal Management Authority initially flagged the project because the proposed port, airport, and township were located in a 7 sq km area classified as Island Coastal Regulation Zone-IA (ICRZ-IA), where port activities are prohibited.

Environmental Sensitivity:

• Ecologically Sensitive Zones: The ICRZ-IA encompasses areas that are ecologically sensitive, such as mangroves, corals, coral reefs, sand dunes, mudflats, marine parks, wildlife habitats, and areas of outstanding natural beauty.
• Permissible Activities in ICRZ-IA: Only certain activities are permitted in ICRZ-IA, such as eco-tourism, and defense-related infrastructure like roads-on-stilts, provided the necessary permits are obtained.

What is the Island Coastal Regulation Zone (ICRZ)?

Regulatory Framework:

• Legal Basis: The Central Government has designated certain coastal stretches of the Andaman & Nicobar Islands and Lakshadweep as Island Protection Zones (IPZ) under the Environment Protection Act, 1986.
• Revised Notification: The Ministry of Environment, Forest and Climate Change (MoEF&CC) revised the IPZ Notification in 2011, establishing the Island Coastal Regulation Zone (ICRZ), 2011, which regulates activities within 500 meters of the High Tide Line (HTL) and 100 meters along creeks, estuaries, backwaters, and rivers subject to tidal fluctuations.

ICRZ Categories:

• ICRZ-I: Ecologically sensitive areas and regions between the Low Tide Line (LTL) and HTL.
• ICRZ-IA: Includes ecologically significant areas such as national parks, marine parks, wildlife sanctuaries, mangroves, corals, areas with historical and heritage value, and those likely to be impacted by sea-level rise due to global warming.
• ICRZ-IB: Intertidal zones between LTL and HTL where non-sensitive areas may permit activities like natural gas extraction, desalination plants, and storage of non-hazardous cargo within notified ports.
• ICRZ-II: Already developed areas close to the shoreline.
• ICRZ-III: Undisturbed areas that do not fall into ICRZ-I or II.
• ICRZ-IV: Coastal stretches in the Andaman and Nicobar Islands, Lakshadweep, and other small islands not classified as ICRZ-I, II, or III.

What Led to the Reclassification to a Permitted Area?

Reclassification Process:

• High-Powered Committee’s Role: The HPC, appointed by the NGT, conducted a “ground-truthing exercise” with the National Centre for Sustainable Coastal Management (NCSCM). It concluded that the project area does not fall within the ICRZ-IA zone but rather within the permissible ICRZ-IB zone.

HPC’s Conclusions and Recommendations:

• Coral Translocation: The HPC concurred with the Zoological Survey of India’s recommendation to translocate 16,150 out of 20,668 coral colonies, with continuous observation of sedimentation for the remaining 4,518 colonies.
• Baseline Data Adequacy: The HPC determined that one-season baseline data collection, excluding the monsoon season, was sufficient for assessing the environmental impact of the project, in line with the EIA notification of 2006.
• Environmental Compliance Assurance: The Andaman and Nicobar Islands Integrated Development Corporation (ANIIDCO) assured that no project activities would occur within the ICRZ-IA area, as per the environmental clearance conditions. However, ANIIDCO did not disclose the HPC’s meeting minutes, citing the project’s defense and strategic importance.

Stakeholders’ Responses to the Project:

NGT’s Involvement:

• Formation of HPC: The NGT constituted the HPC to revisit the environmental clearance of the project after environmentalists raised significant concerns.

Activist’s Concerns:

• Environmental Activism: Environmental activists have demanded the exclusion of project activities from the ICRZ-IA and called for transparency in disclosing the HPC’s recommendations and meeting minutes.

Government’s Stance:

• Lack of Clarity: The Andaman & Nicobar administration has not responded to queries regarding changes in the project’s siting and the discrepancies in information about its extent in ICRZ areas.

Political and Public Reactions:

• Calls for Transparency: Political leaders and the public have questioned the reclassification of land and demanded a thorough and impartial review of the proposed projects, including scrutiny by relevant Parliamentary committees.

National Green Tribunal (NGT):

• Establishment: The NGT was established in 2010 under the National Green Tribunal Act, 2010, to ensure effective and speedy resolution of cases related to environmental protection and conservation.
• Guiding Principles: The Tribunal is guided by principles of natural justice and aims to dispose of applications or appeals within six months of their filing.
• Sitting Locations: The Principal Place of Sitting is New Delhi, with additional locations in Bhopal, Pune, Kolkata, and Chennai.

Conclusion/Way Forward:

• A comprehensive and independent Environmental Impact Assessment (EIA) is crucial to fully understand the project’s environmental and social implications. Implementing effective measures, such as habitat restoration, carbon offsetting, and wildlife conservation, will help minimize the environmental impact. A participatory approach that involves the Shompen and Nicobarese tribes is essential, with fair and equitable resettlement plans. Regular public consultations and transparency in project information are critical to building trust. Exploring alternative, sustainable development models and establishing a robust monitoring system to track the project’s impacts will ensure long-term benefits for both the environment and local communities.