Current Affair 1:

News:

News is not that important, but learning laws regarding oil spill pollution is important.

India has several laws and regulations that address oil spills, focusing on environmental protection, maritime safety, and pollution control.

While there is no single, all-encompassing law exclusively dealing with oil spills, the regulatory framework is built on a combination of domestic laws and international conventions to which India is a signatory. Here’s a summary of the key laws and conventions related to oil spills in India:

The Merchant Shipping Act, 1958 (as amended):

This act is the primary legislation for regulating shipping activities in India, including matters related to pollution caused by ships.

It incorporates provisions related to the International Convention for the Prevention of Pollution from Ships (MARPOL). MARPOL addresses oil pollution and lays down regulations for preventing and minimizing pollution from ships, including accidental spills.

The Environment (Protection) Act, 1986

Under this act, the government can issue rules and regulations that would cover oil spill management, such as the Coastal Regulation Zone (CRZ) Notification, which seeks to protect the coastal areas from pollution and hazardous substances.

Oil Spill Contingency Plan (NOS-DCP)

India has a National Oil Spill Disaster Contingency Plan (NOS-DCP), formulated in 1993 by the Indian Coast Guard. The plan establishes a coordinated framework for responding to oil spills, defining roles and responsibilities of various agencies, including the Indian Coast Guard, port authorities, state governments, and the oil industry.

The Water (Prevention and Control of Pollution) Act, 1974

This act regulates the discharge of pollutants into water bodies, including those caused by oil spills, and aims to maintain or restore the wholesomeness of water.

State Pollution Control Boards and the Central Pollution Control Board are empowered to take action against polluters, including industries and vessels responsible for oil spills.

The National Green Tribunal Act, 2010

The National Green Tribunal (NGT) is a specialized body for adjudicating environmental disputes, including those related to oil spills. It provides for the quick disposal of cases concerning environmental protection and conservation of forests and natural resources.

In the event of oil spills, the NGT can adjudicate and award compensation and ensure compliance with environmental regulations.

Ports Act, 1908 & Major Port Authorities Act, 2021

These acts regulate the administration and safety of ports in India, including issues related to pollution within port areas.

Port authorities are required to take measures to prevent pollution in their jurisdictions, and the discharge of harmful substances, including oil, is strictly regulated within port waters.

International Conventions

MARPOL 73/78:

MARPOL 73/78 stands for the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978.

India is a signatory to this international convention, which sets regulations for preventing marine pollution by ships due to operational or accidental causes. MARPOL has specific annexes that focus on oil pollution.

International Convention on Civil Liability for Oil Pollution Damage, 1969 (CLC) and the International Oil Pollution Compensation Fund (IOPC Fund), 1992:

India is signatory to both the Conventions.

These conventions establish a compensation framework for oil pollution damage caused by oil spills from tankers. India’s adherence to these conventions provides a mechanism for victims to claim compensation.

 

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