11-12-2017

Bill proposes Rs 10 L penalty for violation in ship recycling

The shipping ministry has proposed a Bill that will make it mandatory for ships to carry out all recycling activities in a safe manner and as per global practices and said any violation in this regard could attract a fine of Rs 10 lakh and six-months imprisonment.

"The Ministry of Shipping proposes to introduce the Safe and Environmentally Sound Recycling of Ships Bill, 2016 to give effect to the provisions of the Hong Kong International Convention for Safe and Environmentally Sound Recycling of Ships of the (IMO) International Maritime Organisation," the Ministry said seeking comments from stakeholders by January 5.

The Bill provides for restriction or prohibition on use or installation of hazardous material irrespective of whether a ship is meant for recycling or not.

However, the provisions relating to inventory on hazardous material are not applicable for warships, non commercial ships operated by the government and ships of less than 5OO gross tonnage.

Explaining the reasons for exclusion, the ministry said warships and research vessels may carry nuclear material on board and the Hong Kong Convention provides for such exemption.

The Bill proposes a "fine of Rs 10 lakh or imprisonment for six months or both" in case of "recycling of ships without an approved ship specific recycling plan".

It also proposed a fine of Rs 10 lakh or imprisonment for six months or both for recycling of ships not authorised under the proposed Act.

Any ship found installing or using hazardous material in ships will attract a fine of Rs 5 lakh, as per the proposed Bill.

The Bill provides that the central government shall designate a national authority, by notification, who shall administer, supervise and monitor all activities relating to ship recycling under the proposed Act and the obligations under the Convention.

It said the central government shall notify the list of hazardous material prohibited or restricted for installation or use in ships and such prohibition or restrictions may be imposed with or without conditions.

"Any ship which is destined to be recycled within the jurisdiction of lndia shall be recycled only at an authorised ship recycling facility, and ships shall so recycled only upon being certified as ready for recycling," it said.

Floating the Bill for consultation, the shipping ministry said the Supreme Court had delivered its judgement in a PIL related to environment impact on ship breaking on the basis of which the Ship Breaking Code 2013 was notified as an Executive Order by the Ministry of Steel.

"Accordingly, these provisions of the Code cf 2013 which are more stringent than that of the Convention are incorporated in the Bill," it said. NAM MKJ.

Source- The Times Of India Business

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