The Recycling of Ships Act 2019 was enacted on 13th December 2019 with 46 sections and ten chapters. Recycling is one of the most effective way used worldwide for several objects or elements that can’t be destroyed absolutely. Plastics and several metal parts will not perish by itself and such objects has the option for recycling. When the heavy vehicles, aircraft or ships became old for usage are subject to recycling where the reusable materials and components are recycled else these imperishable components would be hazardous. The main purpose of Recycling of ships act 2019 is to provide standard regulations through statutory mechanism to implement the standards to Recycling of ships in accordance with the provisions of the act. The Act is applicable to any existing ship registered in India and any new ship to be registered in India along with the exemption clause and any ship recycling area within the territorial jurisdiction of India.
By virtue of chapter 2 a National Authority is constituted by the Central Government for the administrative functions including supervision and monitoring and a competent authority for the performance of the duties in recycling of the ships within the prescribed geographical area where area of expertise is required.
Chapter 3 exempts warships, naval auxiliary, Government owned ships for commercial or noncommercial purpose, ships of less than five hundred gross tonnage for recycling. Certificate of inventory of hazardous materials and control over them, validity of certificate, suspension and cancellation of certificate on hazardous materials is also specified in detail in the act.
Another major feature of the act is the authorization of recycling in authorized ship recycling facilities as per the ship specific recycling plan. Any recycled ship is subject to obtaining a ready for recycling certificate in accordance with the Hong Kong convention.
Chapter 7 deals with the provision of appeal against National and competent authority in section 25 and section 26. Chapter 8 deals with the power and functions of National and Competent authority and Central Government on any matter or matter incidental thereto the recycling of the ships subject to the provisions of the act, with regard to power to seize and search of records, inspection, dismissal, exclusion and detention to ships along with the power to exempt. Chapter 9 states the offences and penalties. Chapter ten includes the provisions of power to make rules and regulations, delegation powers, inconsistent provisions with any existing laws and removal of difficulties and protection for action taken on good faith for the implementation of the act.
The act has tremendous impact in the regulations and rules in the Ship Recycling arena as India being one of the leaders in the Global ship recycling industry having more than 30% share. The ship recycling industry has intense labor involvement but it is always subject to different environmental safety measures and hazardous circumstances and regardless these obstacles India has cleared 6323 tons of ship scrapping. Though the enactment provides various provisions for recycling it is accede to Hong Kong International convention for safe and environmentally sound recycling of ships, 2009.
