'Make ship owners pay for polluting shores'
MUMBAI: The oil spill from MV Rak Carrier, which sank off the city's coast last Thursday, underlines the need to fix liability for marine pollution caused by vessels. Maritime experts say the Centre should ratify at the earliest the International Maritime Organization's Hazardous and Noxious Substances by Sea Protocol 2010, which fixes liability by spelling out compensatory provisions and by mandating the need for ship owners to have insurance.
Unlike existing national laws, the global convention places a huge monetary liability on ship owners if their vessel causes marine pollution. For oil spills, for instance, it seeks up to 100 million Special Drawing Rights (1 SDR is equal to Rs 71.41) from ship owners, and for leakage of packaged hazardous substances, it seeks a penalty of 115 million SDR.
Coast guard records show that 68 oil spills occurred in Indian waters between 1996 and 2008 and that they have recovered Rs 8.13 crore in damages. Experts say ratifying the IMO convention could help recover true cost of damages.
Action against marine pollution currently falls under the purview of multiple agencies in India. Environmental experts say their lack of preparedness comes to the fore at times like these. India, for instance, has in place a National Oil Spill Disaster Contingency Plan since 1996, but last year the then environment minister, Jairam Ramesh, himself raised concerns about the safeguards to handle Tier I oil spills (the most minor kind, which involves below 700 tonnes of oil) after one such incident happened off Mumbai's shores last August.
"Accidents will happen but it is important to examine if we have prepared ourselves to deal with such oil spills since the last incident ," says Deepak Apte, head of Bombay Natural History Society's maritime conservation programme.
Gopal Krishna of voluntary organization Toxic Watch Alliance says the incident highlights the lack of regulation on the trans-boundary movement of ships. "There are too many agencies involved and not much coordination ," he says. The coast guard, for instance, is the coordination agency in charge of responding to oil spills, but fixing liability on ship owners lies with the directorate general of shipping and the Maharashtra Pollution Control Board.
Krishna says the lack of transparency in paperwork of many ships entering Indian waters further complicates the issue as tracing owners after accidents remains a challenge.
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Violation could lead to a jail term of up to six months or a fine of up to Rs 10 lakh or both. Environment Protection Act 1986-Penalty for marine pollution up to Rs 1 lakh. Public Liability Insurance Act-In case a person is injured, medical expenses up

Mumbai's latest unwelcome maritime visitor, MT Pavit, could cause severe erosion of the iconic Juhu beach if it is not towed away soon, warn marine science experts. It might be recalled that the unmanned MT

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The salvage costs of the oil tanker, MT Phoenix, in Durban have highlighted the importance of insurance in the maritime industry. The derelict tanker ran aground at Sheffield Beach north of Durban last week and local marine authorities are now faced
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