Context: In this episode, the spotlight is on Marine Aids to Navigation Act,  2021.  The Act provides for a framework for the development, maintenance, and management of aids to navigation in India. Before the detailed analysis lets take a look at the highlights of the Act. The Act replaces over 90-year-old Lighthouse Act of 1927.

Key Points

• It aims to regulate state-of-the-art technologies of marine navigation which was earlier used to tangle in statutory provisions of Lighthouse Act, 1927.
• A navigational aid is any kind of marker which aids the traveler in navigation, usually nautical or aviation travel. Common types of such aids include lighthouses, buoys, fog signals, and day beacons.

Replacement of Lighthouse Act: It is proposed to replace the nine decades old colonial Lighthouse Act, 1927, to incorporate the global best practices, technological developments and India's International obligations in the field of aids to marine navigation.

• It also provides for identification and development of heritage lighthouses.
• The Lighthouse Act is an act relating to the provision, maintenance and control of lighthouses. It was enacted by the Brtishers in 1927.

Empowerment of DGLL: It provides for empowering Directorate General of Lighthouses and Lightships (DGLL) with additional power and functions such as vessel traffic service, wreck flagging, training and certification, implementation of other obligations under International Conventions, where India is a signatory.

• Offences: It comprises a new schedule of offences, along with commensurate penalties for obstructing and damaging the aids to navigation, and non-compliance with directives issued by the Central Government and other bodies.

Aids to Navigation Cess: Every ship arriving at or departing from any port in India will have to pay cess at rates notified by the Central government.

• Currently, the Central government, as per the provisions of the Lighthouse Act, levies light dues on all the foreign going ships arriving at or departing from any port in India.
• Light dues are the charges levied on ships for the maintenance of lighthouses and other aids to navigation.

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.

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, or
• (iv) appointment of any sub-committee. 

Further, the CAC may also appoint sub-committees for additional advice on these matters.
Significance

• Proactive Approach: The draft bill is part of the proactive approach adopted by the Ministry of Shipping by repealing archaic colonial laws and replacing it with modern and contemporary needs of the maritime industry.
• Misinterpretation of the Lighthouse Act: It is often seen that the Act is misinterpreted by the custom department under the Customs Act of 1962 and has led to incorrect collection of a huge sum of light dues thereby putting financial & economic burden upon citizens.
• Modern Technologies: The role of authorities regulating and operating maritime navigation has changed drastically along with the advent improved aids to maritime navigation. The new law encompasses a major shift from lighthouses to modern aids of navigation.
• Strengthening of the Provisions: The suggestions from the public and stakeholders will strengthen the provisions of the legislation. This is in line with the vision for augmenting people’s participation and transparency in the governance.

Salient Features of the Bill

• 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. 
• Management of General Aids to Navigation and vessel traffic services:  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. 
• Powers of the central government for management of vessel traffic services include: (i) authorising vessel traffic service provider to operate such service within an authorised area, (ii) accrediting and approving vessel traffic service training and certification, and (iii) adding to, altering, or requiring any person to add to or alter any aspect of a vessel traffic service.
• 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 organisations 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.

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