Section 2 - Recycling of Ships Act, 2019

The Recycling of Ships Act, 2019

2. Definitions.-

(1) In this Act, unless the context otherwise requires,-

(a) "Administration" means the Government of the country whose flag the ship is entitled to fly, or under whose authority it is operating;

(b) "certificate of authorisation of ship recycling facility" means the certificate referred to in sub-section (6) of section 12;

(c) "certificate on inventory of hazardous materials" means the certificate referred to in section 8;

(d) "Competent Authority" means such Authority designated by the Central Government under section 4;

(e) "hazardous material" means any material or substance, which is liable to cause harm to human beings, other living creatures, plants, micro-organisms, property or the environment;

(f) "National Authority" means such Authority designated by the Central Government under section 3;

(g) "notification" means a notification published in the Official Gazette and the expressions "notify" or "notified" shall be construed accordingly;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "ready for recycling certificate" means the certificate referred to in section 16;

(j) "regulations" means the regulations made by the National Authority under this Act;

(k) "ship" means a vessel and floating structure of any type whatsoever operating or having operated in the marine environment and includes submersibles, floating craft, floating platforms, self-elevating platforms, the floating storage units, and the like;

(l) "ship owner" means-

(i) a person or an association of persons or body of individuals or a company registered as the owner of the ship;

(ii) any organisation or a person such as the Manager or the Bareboat Charterer, who has assumed the responsibility for operation of the ship from the owner of the ship;

(iii) a company, which is registered as operator and is operating a ship owned by the Government; or

(iv) a person or an association of persons or company owning the ship for a limited period pending its sale or handing over to a ship recycling facility;

(m) "Ship Recycler" means the owner of the ship recycling facility or any other organisation or person who has assumed the responsibility for operation of the ship recycling facility and who has agreed to take over all duties and responsibilities imposed by or under this Act;

(n) "ship recycling" means the activity of dismantling of a ship at a ship recycling facility in order to recover components and materials for reprocessing and reuse, while taking care of hazardous and other materials and includes associated operations such as storage, treatment of components and materials on site, but not their further processing or disposal in separate facilities;

(o) "ship recycling facility" means a defined area that is a site, yard or facility used for the recycling of ships and meets such requirements as may be specified by the regulations;

(p) "ship recycling plan" means a plan specific to a ship developed by the ship recycling facility to recycle such a ship in safe and environmentally sound manner;

(q) "statement of acceptance" means a statement of acceptance referred to in sub-section (4) of section 20;

(r) "statement of completion" means a statement of completion referred to in section 23;

(s) "Surveyor" means a Surveyor as defined under clause (48) of section 3 of the Merchant Shipping Act, 1958 or any other person or body of persons as may be notified by the Central Government;

(t) "worker" means a person employed, directly or by or through any agency (including a contractor) with or without the knowledge of the principal employer, whether for remuneration or not, in any ship recycling, or in cleaning any part of the machinery or premises used for ship recycling, or in any other kind of work incidental to, or connected with, the ship recycling, or the subject of the ship recycling but does not include any member of the armed forces of the Union.

(2) The words and expressions used and not defined in this Act but defined in the-

(i) Explosives Act, 1884 (4 of 1884);

(ii) Inland Vessels Act, 1917 (1 of 1917;

(iii) Petroleum Act, 1934 (30 of 1934);

(iv) Factories Act, 1948 (63 of 1948);

(v) Merchant Shipping Act, 1958 (44 of 1958);

(vi) Atomic Energy Act, 1962 (33 of 1962);

(vii) Wildlife (Protection) Act, 1972 (53 of 1972);

(viii) Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);

(ix) Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976);

(x) Forest (Conservation) Act, 1980 (69 of 1980);

(xi) Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981);

(xii) Environment (Protection) Act, 1986 (29 of 1986), shall have the same meanings respectively assigned to them in those Acts.