India


Centre tightens shipwreck rules, makes vessel owners liable for removal costs

New Delhi, Oct 24 (UNI) The Centre has notified new regulations making shipowners and operators primarily responsible for removing wrecked vessels from coastal waters, empowering maritime authorities to intervene in hazardous cases and recover salvage expenses from those liable.
The Merchant Shipping (Wreck and Salvage) Rules, 2026, notified by the Ministry of Ports, Shipping and Waterways on October 23, came into force the same day, replacing the Merchant Shipping (Wrecks and Salvage) Rules, 1974.
Under the notification, under Section 260 of the Merchant Shipping Act, 2025, the registered owner or operator of a vessel involved in a maritime casualty will be primarily responsible for removing wreckage, including damaged parts of the ship and cargo, from coastal waters.
Where owners fail to appoint salvors or undertake necessary measures within the specified period, the competent authority may assume control of salvage operations and engage government or private agencies.
The expenses incurred by the authority can be recovered from the owners of the vessel, cargo, equipment or wreck, as applicable.
The rules also empower authorities, following the prescribed assessment and consultation, to declare a vessel a constructive total loss or wreck if its owner fails to act despite risks to navigation, maritime safety or the marine environment.
Shipowners and operators must report wreck incidents with details of the location, damage, cargo, hazardous substances, oil on board and proposed measures to minimise risks.
The Director-General is required to arrange navigational warnings indicating the location of wrecks, using available communication systems to alert maritime traffic.
The rules provide for insurance or financial security certification covering wreck-removal liability under the Nairobi International Convention on the Removal of Wrecks, 2007.
A fee of Rs 10,000 has been prescribed for issuing or renewing such certificates, while duplicate certificates will cost Rs 2,000.
In another significant provision, the maritime authority must ensure that registered vessel owners maintain valid contracts with retained salvors and marine pollution response operators for emergency response and pollution control operations.
These arrangements must cover services such as firefighting, emergency towing, salvage operations, oil-spill containment and shoreline protection.
The notification further stipulates that wrecks can be sold only through public auction. Auction notices must be published at least 14 days before the sale in three consecutive issues of at least two daily newspapers.
Disputes between shipowners and salvors may be referred to the Director-General, who must acknowledge complaints within seven days and endeavour to resolve them within 90 days.
Violations of the rules will attract penalties under Section 281 of the Merchant Shipping Act, 2025.
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