Ministry of Shipping
The Recycling of Ships Act, 2019, regulates ship recycling in India, aiming to minimize environmental and health risks associated with the process. The Act implements the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009, setting standards for ship design, construction, operation, and recycling. It also establishes a statutory mechanism for enforcing these standards and managing hazardous materials. This Act falls under the Ministry of Ports, Shipping and Waterways.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on December 13, 2019, with different provisions coming into force on different dates. It consists of ten chapters and 46 sections.
Act Governed By:
The Act is implemented by a designated National Authority responsible for administering, supervising, and monitoring ship recycling activities. A Competent Authority is also designated to carry out specific duties within defined geographical areas or areas of expertise. The Central Government plays a role in appointing these authorities and making rules.
On Whom It Is Applicable:
The Act applies to all ships registered in India, new ships intended for Indian registration, and ships entering Indian ports or its exclusive economic zone. It also applies to ship recycling facilities operating in India or within its jurisdiction. This includes ship owners, ship recyclers, workers involved in ship recycling, and relevant government authorities.
Penalties/Punishments:
The Act prescribes penalties for various contraventions, including imprisonment and fines. Penalties can be imposed for installing or using prohibited hazardous materials, operating unauthorized ship recycling facilities, failing to comply with ship recycling plans, and causing environmental damage.
Important Pointers:
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Establishes a National Authority and Competent Authority to oversee ship recycling activities.
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Requires ships to comply with controls on hazardous materials and undergo surveys.
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Mandates the issuance of certificates for inventories of hazardous materials and ready-for-recycling status.
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Establishes a process for authorizing and regulating ship recycling facilities.
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Outlines procedures for ship recycling, including the development of ship recycling plans.
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Emphasizes the safe and environmentally sound management of hazardous materials during ship recycling.
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Provides for appeals against decisions of the Competent Authority and National Authority.
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Empowers authorities to search, seize, inspect, and detain ships.