Arryan Mohanty
Published on: March 12, 2022 at 10:22 IST
Introduction
In July 2021, the Parliament passed the ‘Marine aids to Navigation’ Bill, which will substitute a nearly nine-decade-old lighthouse statute with a new framework for establishing and managing marine traffic services. The bill additionally modifies the word ‘maritime navigational aids.’
The aim of introducing of the bill given by the government is to include global best practices, technical advancements, and India’s international obligations in the field of marine aids to navigation, to achieve the government’s goal, to make the legal framework user-friendly, and to promote ease of doing business.
Shri Sarbananda Sonowal, Union Minister of Ports, Shipping and Waterways, said that this initiative is part of the Ministry of Ports, Shipping and Waterways’ proactive approach to repealing colonial laws and replacing them with legislation that caters to modern and contemporary needs of the maritime industry. Shri Sonowal further stated that the bill aspires to embrace state-of-the-art maritime navigation technology that were not covered by the existing Lighthouse Act of 1927’s legislative requirements.
As per the Act, since India is a signatory to maritime treaties and international instruments such as the International Convention for the Safety of Life at Sea, as amended, and the International Association of Marine Aids and Lighthouse Authorities Maritime Buoyage System; it is deemed necessary to give effect to the said treaties and instruments, which, among other things, provide for navigational aids, vessel traffic services, and wreck marking.
Hence, I t is necessary to provide for and create a framework for the development, maintenance, and management of vessel traffic services in India, as well as for the training and certification of aids to navigation operators and the development of the historical educational and cultural value of aids to navigation.
It is also necessary to establish a framework for the levying and collection of marine aids to navigation dues in order for the government to discharge its sovereign functions of development, maintenance, and management of aids to navigation and vessel traffic services in India, as well as for matters related to or incidental to those functions.
Meaning of Marine Aid to Navigation
India has coasts on both its eastern and western sides, and along these shores are several large and minor ports where ships with freight and passengers arrive and leave. Some type of direction, known as maritime aids to navigation, is necessary to assist these ships in reaching the ports.
There are a variety of nautical aids available, with the lighthouse being the most basic. A lighthouse is a tall tower with a light on top that serves as a navigational aid for ships. There are now radar beacons, which allow a ship to ping a radar beacon placed on the sea or on land.
It answers with its current location. Apart from that, every phone today includes a GPS system that allows us to get instructions. The ships also include a GPS system, although it is not always accurate enough to navigate a ship through narrow channels. As a result, we require an instrument to check that the GPS readings received by the ships are reliable, ensuring that the ships do not collide with a rock or become stranded.
Buoys on the water, for example, are another type of navigational aid. All of these are under the control of the federal government. The Marine Aids to Navigation Bill of 2021 aims to transition from a time when navigational aids were relatively simple to a time when they have become more sophisticated.
Background
The Lighthouse Act of 1927 governs the administration and management of lighthouses and lightships in India for safe navigation. There were only 32 lighthouses in British India at the time of the Lighthouse Act’s implementation in 1927, scattered among six regions: Aden, Karachi, Bombay, Madras, Calcutta, and Rangoon.
Following independence, India gained administrative control of 17 lighthouses, which have since multiplied to accommodate the rising demands of the maritime sector. Under the aforementioned Act, there are currently 195 lighthouses and a variety of modern radio and digital aids to navigation.
Under the said Act, there are currently 195 lighthouses and a variety of modern radio and digital aids to navigation. As technology progressed, methods were developed that allowed vessels to be informed of their position from shore using Radar and other sensors; therefore, Vessel Traffic Services (VTS) was born and quickly gained widespread acceptance.
These current, technologically advanced aids to maritime navigation systems have evolved from a ‘passive’ service to one that is both passive and participatory. Lighthouses have also been recognized as a prominent tourist destination across the world because to its gorgeous position, unique architecture, and historical significance.
Lighthouses have also been recognized as a prominent tourist destination across the world because to its gorgeous position, unique architecture, and historical significance. To create an adequate regulatory framework that reflects the current function of marine aids to navigation and to be in line with India’s commitments under international conventions, a new Act is required.
Improved Legal Framework for Aids to Navigation and Vessel Traffic Services, which takes into account future advances in the field of marine navigation. Management of ‘Vessel Traffic Services’ in order to improve shipping safety and efficiency while also protecting the environment.
Skill development for operators of ‘Aids to Navigation’ and ‘Vessel Traffic Services’ through training and certification to international standards. Auditing and accreditation of institutes to meet the need for global-standard training and certification.
Marking of “Wreck” in general seas to aid with the identification of sunken or stranded vessels for safe and efficient passage. Development of lighthouses for educational, cultural, and tourist purposes, which would tap into coastal communities’ tourism potential and contribute to their economies.
Key Provisions of the Act
Application
The Act covers the whole country of India, including territorial seas, the continental shelf, and the exclusive economic zone.
Aid to Navigation
The Act defines an aid to navigation as an external equipment, system, or service that is intended and operated to improve the safety and efficiency of vessel and vessel traffic navigation. A ship, boat, sailing vessel, fishing vessel, submersible, and mobile offshore drilling equipment are all examples of vessels. Vessel traffic service is described as a service that improves the safety, efficiency, and environmental protection of vessel traffic.
Director General of Aids & Navigations
According to section 4(1) of the Act, the central government will appoint:
- Director General
- Deputy Director Generals, and
- Directors for districts (which the centre may demarcate).
The Director General will advise the central government on matters related to aids to navigation, among others.
Central Advisory Committee
The central government may create a Central Advisory Committee (CAC) made up of people who represent the interests impacted by the Bill or who have specific understanding of the industry. The government may consult the CAC on a variety of issues, including the installation of navigational aids, their additions, changes, or removal, the cost of any proposal pertaining to such aids, and the formation of any sub-committee. In addition, the CAC may form sub-committees to provide additional advise on these issues.
Management of General Aids to Navigation and vessel traffic services
The creation, maintenance, and administration of all general aids to navigation and vessel traffic services shall be the responsibility of the central government. Its powers over navigational aids include creating, maintaining, adding, changing, or deleting any aid to navigation, authorizing inspections of any such aid that may influence navigational safety, and obtaining any required land.
Authorizing vessel traffic service providers to operate such services within an authorized area, accrediting and approving vessel traffic service training and certification, and adding to, altering, or requiring any person to add to, alter, or require any person to add to, alter, or require any person to add to, alter, or require any person to add to, alter, or require any person to add to, alter, or require any person to add to, alter, or require any person to add to, alter, or require any.
Training & Certification
No individual shall be permitted to operate any aid to navigation (including any ancillary activities) or any vessel traffic service in any location unless he has a valid training certificate, according to the Act. The government will accredit training organisations that will provide training or perform examinations for those who operate navigational aids and vessel traffic services.
Levy of marine aids to navigation dues
The Act stipulates those maritime aids to navigation dues would be imposed and collected at the rate established by the federal government from time to time for any ship arriving at or departing from any port in India. Certain boats may be excluded from these fees in whole or in part, depending on the central government’s decision.
Any government ship that is not transporting goods or people for freight or fees, as well as any other ship, classes of ships, or ships conducting specific journeys, fall into this category. Any disagreement over dues, charges, or fees for marine aids to navigation shall be heard and decided by a civil court with authority in the location where the controversy occurred.
Heritage Lighthouse
Any aid to navigation under the supervision of the federal government can be designated as a historic lighthouse. These lighthouses will be created for educational, cultural, and tourist objectives in addition to their duty as navigational aids.
Penalty
The Act establishes a number of offences and punishments. For example, intentionally obstructing, reducing, or limiting the effectiveness of any aid to navigation or vessel traffic service is punishable by up to six months in prison or a fine of up to one lakh rupees, or both; similarly, intentionally damaging or destroying any aid to navigation or vessel traffic service is punishable by up to one year in prison or a fine of up to five lakh rupees, or both.
Intended Benefits of the Act
- Improved Legal Framework for Aids to Navigation and Vessel Traffic Services, which takes into account future advances in the field of marine navigation.
- Management of ‘Vessel Traffic Services’ for the purpose of improving shipping safety and efficiency while also protecting the environment.
- Skill development for operators of ‘Aids to Navigation’ and ‘Vessel Traffic Services’ through training and certification to international standards.
- Auditing and accreditation of institutes to meet the need for global-standard training and certification.
- Marking of “Wreck” in general seas to aid with the identification of sunken or stranded vessels for safe and efficient passage.
- Development of lighthouses for educational, cultural, and tourist purposes, which would tap into coastal communities’ tourism potential and contribute to their economies.
Analysis
Salient Features
The Act intends to govern cutting-edge marine navigation systems, which were previously entangled under the Lighthouse Act of 1927’s regulatory regulations.
The Act seeks to modernize the legal framework for new vehicle navigation technologies such as radar, radar beacons, vessel traffic service (equipment that monitors vehicle locations), and Long-Range Identification and Tracking systems, which are also used to monitor ship positions. Those who intentionally harm a lighthouse or its equipment are subject to the Act’s penalties.
The bill also recommends that India’s legal standards be aligned with the Maritime Buoyage System of the International Association of Marine Aids to Navigation and Lighthouse Authorities. The association includes India as a member. The bill also addresses the management and security of this technology.
Role of Directorate General of Lighthouses and Lightships (DGLL)
Because of technological improvements, the DGLL’s duties have undergone significant modifications. The Lighthouse Act of 1927 did not cover these developments.
As a result, the actions needed to be included into a legal framework. The Marine Aids to Navigation Bill gives the DGLL new powers and responsibilities, including vessel traffic service, wreck flagging, training and certification, and compliance with other international accords to which India is a signatory. It also entails the identification and preservation of historic lighthouses.
The DGLL can also address the issue of training under the Vessel Traffic Service (VTS) employees, which our nation lacks. Previously, there was no standard system of operation for managing the VTS, and the DGLL was unable to completely develop a consistent system of operation, mining pattern, uniform training, and certification due to the lack of law. The Bill now gives the DGLL the ability to include all of these elements into the system.
Meeting the Global Standards
One lighthouse district is in Jamnagar, while the others are in Kolkata, Kochi, and Mumbai. All of these districts, as well as the people who work there and the equipment they have, should now be standardized. It will respond in a consistent manner to all ships arriving from Panama, China, or the United States. These replies will be received not just at Indian ports, but also in ports across the world.
Compartmentalization of different areas under the New Act
The new Act covers many areas: it states that an authority will be established under the central government to oversee all of these marine aids to navigation. It indicates that they will determine the requirements, as well as training and certification issues, as well as the formation of institutes where individuals will learn how to operate these devices, among other things.
The Lighthouse Act of 1927 stated that if particular equipment was not included in the definition of a lighthouse and was tampered with, it could not be prosecuted. The definition of maritime aids has been amended as a result of the new bill, and contemporary navigational aids have been included to the term.
The new Act covers a wide range of topics, including the establishment of a single government institution to manage all of these marine aids to navigation. It implies that they will define the requirements, as well as concerns such as training and certification, as well as the establishment of institutes where people will learn how to use these gadgets, among other things.
The Lighthouse Act of 1927 declared that tampering with equipment that did not fall within the definition of a lighthouse could not be penalised. As a consequence of the new bill, the definition of maritime aids has been changed, and current nautical aids have been included to the definition.
Budget for aids to navigation
The sum allotted for lighthouses in the 2020 budget was around Rs.480 crores. Because the upkeep of these navigational aids’ costs money, the bill specifies the fees that will be assessed on ships that enter our nation and utilise these navigational aids.
The central government will set the charges, which may be determined by the ship’s size, tonnage, and other factors. The money raised will be used to supplement the country’s budget for the upkeep, upgrading, and maintenance existing navigational aids, as well as the installation of new aids.
Heritage Lighthouses
There is one feature of the law that is particularly interesting: heritage lighthouses. About 18 lighthouses that are more than 75 years old have been listed by the government.
The Marine Aids to Navigation bill specifies that some lighthouses will be designated as heritage lighthouses, implying that they will not be actively utilized for ship navigation but can be used for educational, tourist, and cultural reasons because they are part of our legacy. Some of the lighthouses date back more than 150 years.
Central Government’s Role
The Marine Aids to Navigation Bill, 2021, establishes a framework for the Central Government to issue orders and notifications, and the authority formed by the Central Government under the Ministry of Shipping will subsequently be able to carry out these responsibilities within the law’s mission.
Similarly, the legislation stipulates a number of provisions. What will happen to the money received as marine dues, for example? Under the new measure, the central government also has the authority to issue notifications for the streamlining of the procedure for assuring traffic via ports or navigational channels. Because the central government, not the states, controls the entire process, it will be uniform throughout all states.
Wreck Marking
According to the Act, if a vessel sinks in the open sea, the Director-General of Lighthouses and Lightships (DGLL) is responsible for marking it if it sinks beyond the sea, and the individual ports are responsible if the sinking happens within the port.
The DGLL is called into action for this purpose on occasion at the request of the ports, but only after obtaining directions from the central government. The DGLL comes with emergency crash marking once the sink is beyond the port water. Despite the fact that the DGLL did not have primary authority for this work under the Lighthouse Act of 1927, it was completed. The Act strengthens the DGLL by including this task under its ambit.
Conclusion
The function of authorities controlling and running marine navigation has altered dramatically as a result of the introduction of modern technologically advanced aids to maritime navigation. The proposed legislation represents a significant movement away from lighthouses and toward modern navigational aids. The draft bill was passed in the Lok Sabha on March 2021 and in the Rajya Sabha on July 2021. The President gave nod to the bill on July 31, 2021 and enforced on August 2, 2021.
References
marine-aids-to-navigation-bill-2021/
marine-aids-to-navigation-bill-2021-rstv-big-picture/
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parliament-passes-landmark-marine-aids-to-navigation-bill-2021/
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drishtiias marine-aids-to-navigation-bill-2021
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marine-aids-to-navigation-bill-aims-to-replace-over-90-year-old-lighthouse-act
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