Section 237
Determination of hazard.
The Merchant Shipping Act, 2025
About this Act
An Act to consolidate and amend the law relating to merchant shipping to ensure compliance with India's obligation under the maritime treaties and international instruments to which India is a party and also to ensure the development of Indian shipping and efficient maintenance of Indian mercantile marine in a manner best suited to serve the national interest and for matters connected therewith or incidental thereto.
The Central Government shall determine whether a wreck constitute a hazard or not, based on the following criteria, namely:—
(a) the type, size and construction of the wreck;
(b) the depth of water in the area;
(c) the tidal range and currents in the area;
(d) the proximity to protected areas including coral reefs and other areas as may be notified by the Central Government;
(e) the sensitive sea areas identified as appropriate and designated in accordance with guidelines adopted by the International Maritime Organisation, or a clearly defined area of the Exclusive Economic Zone where special mandatory measures are adopted in accordance with requirements of the United Nations Convention on the Law of the Sea, 1982;
(f) the proximity of shipping routes or established traffic lanes;
(g) the traffic density and frequency;
(h) the type of traffic;
(i) the nature and quantity of the wreck’s cargo, the amount and types of oil (such as bunker oil and lubricating oil) onboard the wreck and in particular, the damage likely to result if the cargo or oil is released into the marine environment;
(j) the vulnerability of port and port facilities;
(k) the prevailing meteorological and hydrographical conditions;
(l) the submarine topography of the area;
(m) the height of the wreck above or below the surface of the water at lowest astronomical tide;
(n) the acoustic and magnetic profiles of the wreck;
(o) the proximity of offshore installations, pipelines, telecommunication cables and similar structures;
(p) the proximity of tourist spots and heritage locations; and
(q) any other criteria as may be prescribed.
(a) the type, size and construction of the wreck;
(b) the depth of water in the area;
(c) the tidal range and currents in the area;
(d) the proximity to protected areas including coral reefs and other areas as may be notified by the Central Government;
(e) the sensitive sea areas identified as appropriate and designated in accordance with guidelines adopted by the International Maritime Organisation, or a clearly defined area of the Exclusive Economic Zone where special mandatory measures are adopted in accordance with requirements of the United Nations Convention on the Law of the Sea, 1982;
(f) the proximity of shipping routes or established traffic lanes;
(g) the traffic density and frequency;
(h) the type of traffic;
(i) the nature and quantity of the wreck’s cargo, the amount and types of oil (such as bunker oil and lubricating oil) onboard the wreck and in particular, the damage likely to result if the cargo or oil is released into the marine environment;
(j) the vulnerability of port and port facilities;
(k) the prevailing meteorological and hydrographical conditions;
(l) the submarine topography of the area;
(m) the height of the wreck above or below the surface of the water at lowest astronomical tide;
(n) the acoustic and magnetic profiles of the wreck;
(o) the proximity of offshore installations, pipelines, telecommunication cables and similar structures;
(p) the proximity of tourist spots and heritage locations; and
(q) any other criteria as may be prescribed.