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Cabinet clears Merchant Shipping (Amendment) Bill

April 29: The Union Cabinet, on April 29, cleared the Merchant Shipping (Amendment) Bill, 2015, in line with the global convention, said an official release from the Ministry of Shipping.

According the statement, the convention requires all new ships to implement an approved ballast water and sediments management plan along with a carrying ballast water record book and follow ballast water management procedures to a given standard.

“Existing ships will be required to do the same but after a phase-in period. Ships are required to be surveyed and certified and may also be inspected by port state control officers who can verify whether the ship has a valid certificate. They can also inspect the ballast water record book and in some situations take samples of the ballast water,” the statement added.

The Merchant Shipping Amendment Bill, 2015 incorporates into the Merchant Shipping Act, 1958 the enabling provisions required for implementing the convention.

Indian ships of 400 gross tonnage (GT) and above on international voyages are required to possess an international ballast water management certificate while ships below 400 GT plying within the territorial waters of India shall be issued an Indian ballast water management certificate, the statement said.
However, ships which are not designed or constructed to carry ballast water, warships, and naval auxiliary or other government-owned non-commercial ships are exempted, the statement said.

Usually ballast water is pumped into ballast tanks when a ship has delivered cargo to a port and is departing with less or no cargo. However, ballast water throws serious challenge to ecological balance and health to the area.

The statement said that the port authorities will be statutorily obliged to provide ballast water sediment reception facilities. Indian and foreign ships of 400 GT and above are required to carry onboard a ballast water management plan. Ships of 400 GT and above shall also be subject to survey and inspection.

“During inspection, sample of ballast water can be analysed (but this sample analysing process should not cause undue delay in the operation/departure of the ship). If a ship complies with the convention but is still detained/delayed for inspection without any reasonable cause, it will be eligible for compensation/ damages,” the official statement said.

The proposed Bill also provides for penalty on violation /non-compliance of the provisions.