Law on anvil for blue economy, government tells Lok Sabha
The draft national policy on blue economy, covering seven thematic areas including ocean governance and marine spatial planning, was placed in the public domain in February 2021 and revised in July 2022 after inter-ministerial and stakeholder consultations, the response said adding that the policy is aiming to harness ocean resources sustainably for economic growth while protecting marine ecosystems ensuring national security and it also provides the foundational basis for future legislation, the ministry said in response to a query, raised by MP Brijmohan Agrawal, on the major legislative steps taken by the government for Blue Economy.
The deep ocean mission is a subset of the broader blue economy concept which is focused on technological development for exploring deep ocean resources, promoting climate change advisory services, conservation of deep-sea biodiversity, research on ocean biology, and harnessing energy and freshwater from the ocean.
'The current focus is on strengthening the existing environmental legal framework through targeted reforms, including amendments to existing laws and empowering the Ministry of Environment, Forest and Climate Change's umbrella legislation the Environment (Protection) Act, 1986. These reforms aim to introduce specific rules to address critical challenges such as e-waste (management), plastics waste management, batteries waste management, and end-of-life vehicles (ELVs) scrapping,' said Jitendra Singh, minister of state for earth sciences. He was responding to questions by BJP MP, Brijmohan Agrawal on the 1. major legislative steps taken by the Government for the Blue Economy district from policy-based approaches such as the Deep Ocean Mission along with the draft legislation; 2. inter-ministerial consultations or projected timelines for a Blue Economy Law; 3. existing mechanism which ensures sector-specific, legally binding environmental among others.
The various sectors in the blue economy are governed by different laws which include: 1. Coastal and Marine Ecosystems governed by Environment (Protection) Act, 1986; Coastal Regulation Zone (CRZ) Notification, 2019 and Wildlife Protection Act, 1972, 2. Fisheries and Aquaculture governed by Marine Fishing Regulation Acts (State-specific); National Policy on Marine Fisheries, 2017; 3. Shipping and Ports & Security under the Merchant Shipping Act, 1958; Major Port Authorities Act, 2021; International Maritime Conventions (e.g., MARPOL) (via Merchant Shipping Act); Maritime Zones Act, 1976; Recycling of Ships Act, 2019 and Island Vessels Act, 2021, 3. Oil, Gas & Deep-Sea Mining under Oilfields (Regulation and Development) Act, 1948 and Offshore Areas Mineral (Development and Regulation) Act, 2002, 4. Tourism and Recreation under Environment (Protection) Act & CRZ Rules and Biological Diversity Act, 2002 and 5. Marine Biotechnology & Bioprospecting under Biological Diversity Act, 2002.
The regulatory gaps and overlaps are being addressed through the PARIVESH portal of Ministry of Environment Forest and Climate Change which acts as a single window for environmental, forest, wildlife, and coastal regulation zone clearances and the National Sagarmala Apex Committee and PM Gatishakti portal also aid in integrated planning, Singh said.
Further, there are dedicated laws and guidelines for investment, accountability, and liability including 100% FDI is permitted via the automatic route in sectors like sea-ports and aquaculture. Offshore mineral block auctions are open to foreign bidders with specified conditions. The Merchant Shipping Act, 1958, adopts international liability conventions and mandates compulsory insurance for pollution damage. Offshore safety is governed by the Oil Mines Regulations, 2017, and a draft Offshore Safety Directive. The 'Harit Sagar' Green Port Guidelines (2023) mandate ESG reporting for terminal operators. The Deep Ocean Mission requires Environmental and Social Due Diligence for its projects. Maritime Zones Act, 1976 along with updated rules like the Offshore Wind Energy Lease Rules, 2023, provides the legal framework for leasing and regulating offshore energy and mineral projects, the response said.
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