[RSTV Archive] Marine Aids to Navigation Bill, 2021

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The government has introduced the Marine Aids to Navigation Bill, in the Rajya Sabha to replace a nine-decade-old law to pave the way for shifting from lighthouses to modern aids for marine navigation.  Lok Sabha passed the Bill in March this year.

In this article, we shall study the salient features, its application, the changes the bill would bring about in marine navigation.

Marine Aids to Navigation Bill,

• The Bill repeals the Lighthouse Act, and seeks to provide a framework for the development, maintenance, and management of aids to navigation in India.
• Key features of the Bill include:

Application:

• The Bill applies to the whole of India including various maritime zones including territorial waters, continental shelf, and exclusive economic zone.

Aid to navigation:

• The Bill defines aid to navigation as a device, system, or service, external to the vessels designed and operated to enhance the safety and efficiency of navigation of vessels and vessel traffic. 
• A vessel includes a ship, boat, sailing vessel, fishing vessel, submersible, and mobile offshore drilling units.
• Vessel traffic service is defined as a service to improve the safety and efficiency of vessel traffic and protect the environment.

Director-General of Aids to Navigation:

• The Bill provides that the central government will appoint: (i) a Director General, (ii) Deputy Director Generals, and (iii) 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 appoint a Central Advisory Committee (CAC) consisting of persons representing the interests affected by the Bill, or having special knowledge of the sector. 
• The government may consult the CAC on matters including: (i) establishment of aids to navigation, (ii) additions, alteration, or removal of, any such aids, (iii) cost of any proposal relating to such aids.
• Further, the CAC may also appoint sub-committees for additional advice on these matters.

Management of General Aids: 

• The central government will be responsible for the development, maintenance, and management of all general aids to navigation and vessel traffic services.
• Its powers with regard to management of aids to navigation include: (i) establishing, maintaining, adding, altering, or removing any aid to navigation, (ii) authorising to inspect any such aid which may affect the safety of navigation, and (iii) acquiring any land as may be necessary.

Training and certification:

• The Bill provides that no person shall be allowed to operate on any aid to navigation (including any ancillary activities), or any vessel traffic service in any place unless he holds a valid training certificate. 
• The central government will accredit training organizations for imparting training to, or conduct assessments of, persons in the operation of aids to navigation and vessel traffic services.

Levy of marine aids to navigation dues:

• The Bill provides that marine aids to navigation dues will be levied and collected for every ship arriving at or departing from any port in India, at the rate specified by the central government from time to time. 
• The central government may wholly or partially exempt certain vessels from these dues. 
• These vessels include: (i) any government ship, which is not carrying cargo or passengers for freight or fares, or (ii) any other ship, classes of ships, or ships performing specified voyages.
• Any dispute related to the marine aids to navigation dues, expenses, or costs, will be heard and determined by a civil court having jurisdiction at the place where the dispute arose.

 Heritage Lighthouse:

• The central government may designate any aid to navigation under its control as a heritage lighthouse. 
• In addition to their function as aids to navigation, such lighthouses will be developed for educational, cultural, and tourism purposes.

Why was such bill needed?

• India has a long coastline. There are radar beacons, GPS Navigation system to guide a ship for proper directing  of the ship.
• In India there are 18 light houses which are more than 75 years old.
• There are light house districts where safe navigation is provided. Cost of Maintaining of these Light houses is also very high.

MARINE AIDS TO NAVIGATION BIL

ABSTRACT-  

The &#;Marine Aids to Navigation&#; Bill, which replaces the nearly nine-decade-old lighthouse legislation with a new framework for developing and regulating marine traffic services, was passed by Parliament in July . The measure also changes the definition of &#;maritime navigational aids.&#;

The government&#;s goal in introducing the bill is to achieve this goal, make the legal system more approachable, and encourage ease of doing business. It also aims to incorporate international best practises, technological advancements, and India&#;s obligations in the field of marine aids to navigation.

An object, system, or service that is not a ship but is constructed and used to increase the effectiveness and safety of ship traffic and ship navigation is referred to in the Bill as an aid to navigation.  Vessels include any form of ship, boat, sailing vessel, fishing boat, submersible, and mobile offshore drilling equipment.  A vessel traffic service is one that improves the efficiency and safety of vessel transportation while simultaneously safeguarding the environment.

BACKGROUND

For the purpose of ensuring safe navigation, India&#;s lighthouses and lightships are governed by the Lighthouse Act of . When the Lighthouse Act of was passed, there were only 32 lighthouses in the six regions of Aden, Karachi, Bombay, Madras, Calcutta, and Rangoon. There were 17 lighthouses under administrative control when India attained independence; there are now many more to meet the growing needs of the shipping industry. Currently, the said Act is used to manage 195 lighthouses as well as numerous contemporary radio and digital aids to navigation.

As technology advanced, systems were set up so that ships could receive position updates from land using radar and other sensors. These systems are known as vessel traffic services (VTS), and they have gained widespread acceptance. These contemporary, technologically advanced aids to marine navigation systems have transformed from a &#;passive&#; service to a &#;passive as well as interactive&#; service. Due to their picturesque locations, typical architecture, and historical significance, lighthouses have also been widely recognised as important tourist destinations.

In order to meet India&#;s obligations under international conventions and to provide an appropriate statutory framework that reflects the contemporary role of marine aids to navigation, a new Act must be enacted.

INTRODUCTION-

The Act states that because India is a signatory to the aforementioned marine treaties and international agreements, it is deemed necessary to give effect to them. These include the International Convention for the Safety of Life at Sea, as Amended, and the Maritime Buoyage System, which among other things, provide for navigational aids, vessel traffic services, and wreck marking.

The development, maintenance, and management of vessel traffic services in India, as well as the training and certification of those who operate aids to navigation and the expansion of their historical, educational, and cultural significance, must therefore be planned for in advance and a framework must be established.

This present bill is considered to a necessary benefit added to martial law. The benefits brought by the new legislation will be a major satisfaction and guidance given to the vessel travelling acrros the states

SAILENT FEATURES OF THE BILL

1. Taking into account the most recent technological advancements and best practises,

2. Observing India&#;s obligations under international law regarding marine aids to navigation,

3. Making the legal system more user-friendly, encouraging business ease.

4. The Lighthouse Act of imposed strict legal requirements on modern marine navigational technologies, which the bill seeks to regulate.

5. By adopting the new technologies used for vehicle navigation, such as radar, radar beacons, vessel traffic service (equipment used to track vehicles), and long-range identification and tracking systems (also used to track ships), the proposed legislation would modernise the legal framework.

6. The Bill specifies penalties for those who intentionally damage a lighthouse or its machinery.

7. The bill also recommends that the Maritime Buoyage System of the International Association of Marine Aids to Navigation and Lighthouse Authorities be incorporated into Indian law. India is a member of the group.

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8. The Bill also outlines administration and security procedures.

BENEFITS OF THE BILL-

1. The Future Developments in the Field of Marine Navigation are covered by the Improved Legal Framework for Matters Relating to Aids to Navigation & Vessel Traffic Services.

2. Administration of &#;Vessel Traffic Services&#; to improve shipping&#;s efficiency and safety and to safeguard the environment.

3. Developing operators&#; skills through training and certification in accordance with international standards for &#;Aids to Navigation&#; and &#;Vessel Traffic Services.&#;

4. Institutions are audited and accredited in order to meet the demand for training and certification that adheres to international standards.

5. For safe and effective navigation, sunken or stranded ships are marked with the word &#;Wreck&#; in open waters.

6. Construction of lighthouses for tourism, education, and other purposes would help coastal areas&#; economies by utilising their tourism potential.

VARIOUS KINDS OF MARINE AIDS

1. The lighthouse is probably the simplest of the available marine aids. A lighthouse is a large tower that serves as a ship&#;s compass. Now that there are radar beacons, a ship can ping a radar beacon that is situated on land or at sea. It replies with its position in return.

2. In addition, every now has a GPS system that enables us to get directions. The ships also have a GPS system, but it is not always accurate enough to direct a ship in narrow waters. Therefore, we require a device that guarantees the accuracy of the GPS readings that the ships receive in order to prevent rock collisions or shipwrecks.

• Buoys on the water are one type of additional navigational aid. All of these are under the control of the central government.

1. The Marine Aids to Navigation Bill, aims to transition navigational aids from a time when they were quite simple to a time when they are more complex.

CENTRAL GOVERNMENT&#;S FUNCTION

The Central Government&#;s authority established under the Ministry of Shipping will then be able to carry out these duties in accordance with the law&#;s mandate thanks to the framework provided by the Marine Aids to Navigation Bill, .

The law similarly stipulates a number of things. What will happen, for instance, to the money gathered as maritime dues?

According to the new bill, the Central government also has the authority to issue notifications regarding the simplification of the system for ensuring traffic through ports or navigational channels.

The central government, not the state governments, controls the entirety of this mechanism, so it will be common in every part of India.

&#;The Central Government shall consult the Central Advisory Committee in regard to&#;

(a) the establishment or position of aids to navigation or of any works appertaining thereto; or

(b) additions to or the alteration or removal of, any aid to navigation; or

(c) variations to any aid to navigation or of the mode of use thereof; or

 (d) the cost of any proposal relating to aids to navigation; or

(e) appointment of any sub-committee under sub-section (3); or

(f) the making or alteration of any rules or rates of marine aids to navigation dues under this Act. (3)

The Central Government may, if it deems necessary, appoint sub-committees for the purposes of advising it in regard to any of the matters specified under this Act.&#;

[2]

CONCLUSION-

The role of authorities in regulating and managing maritime navigation has changed significantly with the introduction of modern, technologically advanced aids to maritime navigation. The proposed legislation represents a significant transition from lighthouses to contemporary navigational aids.

There are various legislation regulating the ships of our country this current bill as stated helps in service of a vessel. The government has passed this bill in order of the navy to have sort of reliance on the legislation which can be more efficient in their guidance while they travel across the sea.

Written By &#; Steffi Desousa

[2] https://shipmin.gov.in/sites/default/files/Marine%20Aids%20to%20Navigation%20Act%as%20Notified.pdf

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