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Section 44

The Assam Inland Water Transport Regulatory Authority Act, 2018State Act of Assam · Act 27 of 2018

(1) The investigators shall prepare an accident identification report within thirty days from the date of completion of the investigation, and serve the same to parties concerned.

(2) The accident identification report shall specify the basic facts of the accident, the causes of the accident, the responsibility for the accident, lessons learnt and preventive action, if any.

(3) The Regulatory Authority shall publish findings of such investigation report of safety accident and or pollution incident.

(4) T he Regulatory Authority shall have powers to grant exemption and/or equivalence as prescribed, by the Regulatory Authority.

3788 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 Prevention and control of pollution.

Survey for compliance.

Entry in surveyor certificate.

Requirement to carry certificates.

Knowledge and skill for the prevention and control of pollution.

Readiness for rescue plan.

Contingency plan for prevention and control of pollution.

CHAPTER VI PREVENTION OF POLLUTION

45. The structure, equipment and devices of a ferry or vessel in respect of prevention and control of pollution shall be such as prescribed by the Regulatory Authority. The Regulatory Authority shall simultaneously provide for approved waste disposal, reception facilities in its ports, terminals at reasonable cost to the end user of inland water transport services.

46. The structure, equipment and devices of a ferry or vessel shall be surveyed by a Surveyor that has been appointed by the Regulatory Authority under this Act. Pollution prevention equipment .shall be kept in good order and condition for emergency use.

47. An existing ferry or vessel may, upon survey by a Surveyor, may be exempted from being equipped with otherwise prescribed treatment facilities for pollutants and in that event specific remarks shall be made on prescribed safety certificate.

48. A vessel shall, based on the requirements of the relevant laws, administrative regulations, the provisions of the transport department of Government of Assam, possess and carry on board effective corresponding certificates and documents in respect of the prevention and control of pollution caused by vessels and their relevant operations to inland waters environment.

49. The vessel operator and the ferry service provider shall have the appropriate ability of professional knowledge and skill for the prevention and control of pollution caused by vessels and their relevant operations to inland waters environment, be familiar with the procedures and requirements for preventing the pollution caused by vessels, pass corresponding professional training and hold valid competency certificates and Conformity Certificates, issued by the competent authority lawfully authorised in the behalf.

50. The Regulatory Authority shall, in respect of die dangerous characteristics of dangerous chemicals transported, formulate contingency rescue plan for dangerous chemicals accidents for the carrying vessels, and shall equip the carrying vessels with sufficient and effective devices and equipment for emergency rescue.

51. The operator of a port. dock, terminal, or a loading and unloading place and relevant operating units shall have approved contingency plan lor preventing and controlling of pollution caused by vessels and their relevant operations to inland waters environment and organize drills at least once a year, and maintain proper records thereof.

THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 10, 2018 3789 Abiding by relevant provisions and standards for prevention of pollution.

Requirement for third party liability insurance.

52. Vessels navigating, berthing or operating within waters under special protection shall abide by relevant provisions and standaids for prevention of pollution in such waters.

Offences and Penalties.

53. For a vessel transporting dangerous chemicals by inland waters, her owner or operator shall have prescribed third party liability­ insurance cover available as prescribed by the Regulatory- Authority.

CHAPTER VII OFFENCES AND PENALTIES

Where this provision sits

ActThe Assam Inland Water Transport Regulatory Authority Act, 2018
Section44
JurisdictionState of Assam
StatusIn force as published by the source

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