Answer By law4u team
Derelict vessels—abandoned, unclaimed, or non-operational ships—pose significant risks to navigation, marine environment, and port operations. Indian law addresses this issue through regulatory frameworks that empower authorities to identify, remove, and dispose of such vessels, while holding owners liable for damages.
Legal Provisions and Mechanisms for Derelict Vessels
1. Merchant Shipping Act, 1958
Provides authority to remove derelict and hazardous vessels obstructing navigation.
Port authorities can detain or remove vessels abandoned or left in unsafe condition.
Owners are liable for costs related to removal and damages.
2. Indian Ports Act, 1908
Enables port authorities to regulate and remove vessels creating hazards within port limits.
Authorizes collection of charges for removal or salvage.
3. Environmental Protection Laws
Under the Environment Protection Act, 1986, derelict vessels causing pollution can be addressed with environmental penalties.
Pollution Control Boards can intervene in cases of oil leaks or hazardous material spills.
4. Liability and Salvage
Shipowners or registered owners are legally responsible for derelict vessels.
Salvage laws allow third parties or government agencies to remove derelict vessels and recover costs.
5. Customs and Maritime Authorities’ Role
Customs authorities may seize abandoned vessels if linked to legal violations.
Directorate General of Shipping coordinates with port authorities for enforcement.
6. International Conventions
India follows IMO guidelines on wreck removal and marine environment protection, aiding national regulation.
Process for Handling Derelict Vessels
Identification and reporting by port or coast guard authorities.
Notice to vessel owners for removal within a stipulated time.
If unclaimed, port authorities can remove, sell, or dismantle the vessel.
Costs recovered from owners or through sale proceeds.
Example
Scenario:
An abandoned fishing vessel is found blocking the approach channel at Chennai Port.
Actions Taken:
Port authority issues a notice to the vessel owner.
Owner fails to respond; port arranges removal.
Vessel is dismantled and removed to clear navigation.
Removal costs are charged to the owner; if unpaid, proceeds from sale are used.
Environmental checks ensure no pollution occurred during removal.
