The Recycling of Ships Act, 2019
Administered Ministry: Ministry of Shipping
Act details
| Short title | The Recycling of Ships Act, 2019 |
|---|---|
| Long title | An Act to provide for the regulation of recycling of ships by setting certain standards and laying down the statutory mechanism for enforcement of such standards and for matters connected therewith or incidental thereto. |
| Act number | 49 of 2019 |
| Act year | 2019 |
| Enactment date | 13 Dec 2019 |
| Ministry | Ministry of Shipping |
| Jurisdiction | Central (Parliament of India) |
| Sections | 47 |
| Status | Not repealed |
| Last checked on India Code | 28 Oct 2026 |
| Source | India Code, Government of India |
Summary
The Recycling of Ships Act, 2019 (Refined with New Context)
Overview
*Purpose: To ensure environmentally sound and safe ship recycling practices in alignment with the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships, 2009.
*Governance Structure:
• Central Government: Overall policy and rule-making.
• National Authority: Oversight, administration, and supervision.
• Competent Authority: Operational enforcement within designated areas/expertise.
Key Provisions
1. Regulatory and Certification Framework
• Mandatory Certifications:
• Ready for Recycling Certificate: For ship owners, post-verification.
• Certificate on Inventory of Hazardous Materials: For all ships, with periodic updates (Section 8), issued or renewed for up to 5 years, with extensions possible under specific conditions (e.g., voyage completion to a survey port or Administration approval, not exceeding 3 months).
• Definitions and Compliance: Clear definitions (e.g., Ship Recycling, Hazardous Materials) with strict compliance measures.
2. Ship Recycling and Survey Requirements
• Survey Types for Compliance (Section 7):
• Initial, Renewal (every 5 years), Additional (post-modifications), and Final (pre-recycling) Surveys.
• Ship Recycling Plan: Mandatory, approved by the Competent Authority, emphasizing hazardous material removal.
3. Responsibilities and Obligations
• Ship Owners:
• Advance intimation of recycling intent.
• Clearance of all port dues and residues before recycling.
• Ship Recyclers:
• Maintain accredited facility standards.
• Ensure environmental protection and worker safety (aligned with the Factories Act, 1948).
• Provide comprehensive worker insurance.
4. Operational, Safety, and Environmental Standards
• Facility Authorization: With periodic (at least annual) audits for compliance.
• Emergency Preparedness and Response Plans: As per the Factories Act, 1948, and environmental regulations.
5. Enforcement, Penalties, and Compensation
• Penalty Framework:
• Imprisonment (up to 1 year for severe offences).
• Fines (up to ₹10 lakh).
• Compensation for Non-Compliance or Damages: To affected parties.
6. Transparency and Reporting
• Reporting Mechanism:
• Statement of Completion to the Competent Authority.
• Regular activity reports to the National Authority.
• Public Access to Information: On approved facilities and recycling activities.
7. Miscellaneous and Transitional Provisions
• Exemptions with Conditions: For warships and ships under 500 GT, with specific measures.
• Rules, Regulations, and Parliamentary Oversight:
• Central Government empowered to make rules.
• Mandatory laying of rules before Parliament.
• Protection for Good Faith Actions and Difficulty Removal Clause for operational challenges.
• Repeals and Savings: Previous enactments repealed with continuity for existing notifications, rules, certificates, and registrations under this Act.