Bill sets ₹5 lakh fines for ship owners violating anti-fouling rules

It establishes rules for controlling anti-fouling systems on ships to protect human health and the environment.

Who it concerns: The law applies to Indian ships wherever they are, ships operating under Indian authority, and foreign ships entering Indian ports, shipyards, offshore terminals, or territorial waters. It specifically exempts warships, naval auxiliaries, and other government non-commercial service vessels, provided the Government ensures they are operated in a manner consistent with the Act.

What the bill does

• Inserts a new Part XIB into the Merchant Shipping Act, 1958, titled 'Control of Harmful Anti-Fouling Systems on Ships'.
• Requires Indian ships of 400 gross tonnage and above engaged in international voyages to carry an International Anti-Fouling System Certificate issued by the Director-General.
• Requires ships of 24 meters or more in length but less than 400 gross tonnage engaged in international voyages to carry a declaration regarding their anti-fouling system.
• Mandates that wastes from the application or removal of anti-fouling systems be collected, handled, treated, and disposed of in a safe and environmentally sound manner.
• Requires ships to maintain a record of anti-fouling systems in a prescribed form.
• Empowers surveyors or persons authorized by the Director-General to inspect ships, verify certificates/declarations, and conduct brief sampling of anti-fouling systems.
• Allows the Director-General to detain ships that contravene provisions within coastal waters and levy penalties as specified in section 436.
• Grants the Central Government power to make rules regarding specifications, record forms, and fees for inspections and certificates.

Also in the document

• The Bill introduces specific penalties for non-compliance, including fines up to five lakh rupees for owners failing to comply with anti-fouling requirements, and fines up to one lakh rupees for masters proceeding to sea in contravention of certificate requirements.
• It allows the Director-General to request the Indian Navy or Coast Guard to prevent a ship from proceeding to sea if necessary.
• The Bill includes an Annexure detailing regulations for determining gross and net tonnages of ships based on the International Convention on Tonnage Measurement of Ships, 1969.