A new law is set to regulate the operation of ships in Nepal. The government has prepared a bill with legal provisions, which has now been presented in Parliament.
Minister for Physical Infrastructure and Transport, Devendra Dahal, registered the bill in the National Assembly. He stated that the legislation aims to promote and expand the operation of ships.
Explaining the purpose of the bill, Minister Dahal said, “Effective regulation is necessary to make ship services safe, reliable, standardized, regular, and well-organized.”
The Ministry noted that policies, laws, standards, plans, and regulations related to alternative transportation, including waterways, are within the federal government’s jurisdiction. However, since this matter falls under the shared authority of the federal and provincial governments, the law is being formulated accordingly.
Once the proposed bill becomes law, it will regulate the determination of routes, permits, and the use of waterways. It will also establish provisions for the construction, operation, survey, and registration of ships, along with the issuance of related documents and certificates.
The Ministry stated that the bill includes provisions to grant nationality certificates to commercial ships, allow the use of Nepal’s flag on ships, and address matters like ownership transfer, mortgages, tonnage, and safety certifications.
The law will also outline conditions for ship operation, pollution control, waste management, maintenance, accident investigations, search and rescue operations, and the roles and responsibilities of ship offices and registrars.
Additionally, the Ministry emphasized the need for the bill to address the appointment of ship inspectors and staff, issuance of sailor books and identity cards, uniforms, salaries, and other benefits.
The Council of Ministers approved the Ministry’s proposal to present the bill to Parliament on Ashar 27, 2081 (July 11, 2024).
Minister Dahal mentioned that once the bill is passed, it will regulate ship operations in Nepal’s internal waterways, ensuring safer, higher-quality, more reliable, regular, and organized services. The law will also strengthen provisions related to the registration, survey, and flagging of ships operating in international waters.
In the bill, Minister Dahal writes, “The operation of Nepali-flagged ships in the sea will be possible, contributing to the country’s economic development.”
Under the 1982 United Nations Convention on the Law of the Sea, landlocked countries like Nepal are assured equal rights alongside coastal countries. Nepal enacted the Ship Registration Act in 2027 BS (1971 AD), but since then, several international conventions have come into effect. The 2027 law does not align with these conventions, which has hindered the registration of Nepali-flagged ships.
“In addition to enabling Nepali-flagged ships to operate in the sea, the law will also address issues like the issuance of sailor books and identity cards, as well as training and health checks for Nepalese workers employed on ships in various countries,” Minister Dahal stated in the bill.
He further highlighted the internal necessity of the law, writing, “As various types of ships with different capacities are already operating in Nepal’s rivers and lakes, this bill has been presented to regulate their registration and promote internal water transportation.”