Chapter 28

Twelveth Edition (2019)

Damage or Threat to Environment

Section 4 (1) (u) of the Admiralty Act (2017) deals with the above subject claim on damage or threat of damage caused by the vessel to the environment, coastline or related interests; measures taken to prevent, minimise, or remove such damage; compensation for such damage; costs of reasonable measures for the restoration of the environment actually undertaken or to be undertaken; loss incurred or likely to be incurred by third parties in connection with such damage; or any other damage, costs, or loss of a similar nature to those identified in this clause.

Parts X-B, X-C and XI-A of the Merchant Shipping Act deal with the prevention and containment of pollution of the sea by oil. India follows the International Convention on Civil Liability for Oil Pollution Damage, 1992 (as amended). Section 352 G applies to every Indian ship, wherever it is, and every foreign ship while it is at a port or place in India or within Indian territorial waters or marine areas adjacent thereto over which India has or may have exclusive jurisdiction. In regard to control of marine pollution under Territorial Waters and on the continental shelf, the Exclusive Economic Zone and any Maritime Zones Act, 1976 or any other law currently in force applies, also there are several rules that have been drawn up with regard to pollutions. A ship can be arrested for Loss or Damage done by any Ship or Damage received by any ship or sea-going vessel whether such ship or vessel may have been within Indian waters or upon high seas at the time when the damage was received.

BCAS: 7103-1001