Section 43 - Recycling of Ships Act, 2019

The Recycling of Ships Act, 2019

43. Power to make regulations.-

(1) The National Authority with the previous approval of the Central Government, by notification in the Official Gazette, may make regulations not inconsistent with the provisions of this Act and the rules made thereunder.

(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:-

(a) the requirements relating to ship recycling facility under clause (o) of sub-section (1) of section 2;

(b) the manner of preparation of a ship recycling facility management plan under sub-section (1) of section 12;

(c) the equipment and other standards to be maintained by the Ship Recycler under sub-section (5) of section 12;

(d) the form in which a certificate of authorisation shall be issued under sub-section (6) of section 12;

(e) the period of validity of certificate of authorisation for ship recycling facility under sub-section (8) of section 12;

(f) the manner of enquiry or inspection by the Competent Authority under sub-section (2) of section 13;

(g) the manner of making an application to the National Authority for a ready for recycling certificate under sub-section (1) of section 16;

(h) the manner and format for issuing of the ready for recycling certificate under sub-section (2) of section 16;

(i) the manner of obtaining the written permission of the Competent Authority under sub-section (1) of section 18;

(j) the authority to authorise the ship recycling facility under sub-section (2) of section 18;

(k) submission of documents by ship owner under clause (ii) of sub-section (1) of section 19;

(l) the conditions for safe-for-entry or safe-for-hotwork or both under sub-section (2) of section 19;

(m) the form and manner of issue of statement of acceptance by the Ship Recycler under sub-section (4) of section 20;

(n) the requirements relating to removal and management of hazardous materials and basic infrastructure to be complied with by the Ship Recycler under clause (b) of section 21;

(o) the manner of serving of notice by the Competent Authority to a Ship Recycler in case of oil spill under sub-section (2) of section 22;

(p) the manner of submission of statement of completion by the Ship Recycler under section 23; and

(q) any other matter which is required to be, or may be, specified by regulations.