Executive Summary:
The Ministry of Earth Sciences is developing a legislative framework for the Blue Economy, building upon the Draft National Policy on Blue Economy released in February 2021 and revised in July 2022. The framework aims to sustainably harness ocean resources for economic growth while protecting marine ecosystems and ensuring national security. Existing sector-specific laws provide environmental protection for marine activities, while regulatory gaps are addressed through mechanisms like the PARIVESH portal and the National Sagarmala Apex Committee.
Key Points / Main Content:
Legislative Framework for Blue Economy:
* Draft National Policy on Blue Economy (February 2021, revised July 2022) covers seven thematic areas, including ocean governance and marine spatial planning.
* Deep Ocean Mission focuses on technological development for deep ocean resource exploration and biodiversity conservation.
Existing Environmental Protections:
* Sector-specific legal framework ensures environmental protection, including:
* Environment Protection Act, 1986
* Coastal Regulation Zone (CRZ) Notification, 2019
* Wildlife Protection Act, 1972
* Marine Fishing Regulation Acts
* National Policy on Marine Fisheries, 2017
* The Merchant Shipping Act, 1958
* Major Port Authorities Act, 2021
* International Maritime Conventions (e.g., MARPOL)
* Maritime Zones Act, 1976
* Recycling of Ships Act, 2019
* Island Vessels Act, 2021
* Oilfields Regulation and Development Act, 1948
* Offshore Areas Mineral Development and Regulation Act, 2002 (amended 2023)
* Biological Diversity Act, 2002
Addressing Regulatory Gaps and Overlaps:
* PARIVESH portal acts as a single window for environmental, forest, wildlife, and CRZ clearances.
* National Sagarmala Apex Committee and PM Gati Shakti portal aid in integrated planning.
Unified Statutory Framework for Environmental Protection:
* Strengthening the existing legal framework through targeted reforms and amendments to existing laws.
* Empowering the Ministry of Environment, Forest and Climate Change through the Environment Protection Act, 1986.
Statutory Benefit-Sharing Mechanism:
* Genetic Bioresources: Biological Diversity Act, 2002 mandates benefit-sharing through monetary contributions (0.2-0.6% of turnover) to Biodiversity Funds.
* Offshore Minerals: Offshore Areas Mineral Development and Regulation Amendment Act, 2023 requires lessees to pay an additional amount to the Offshore Areas Mineral Trust.
* Fisheries: Pradhan Mantri Matsya Sampada Yojana (PMMSY) and state policies ensure revenue sharing (15-25%) with local bodies or Self-Help Groups from mariculture parks.
* Tourism: Niti Aayog's guidelines for PPP agreements include mandatory revenue-sharing (minimum 2%) with local development funds.
Investment, Accountability, and Liability:
* 100% FDI is permitted via the automatic route in sectors like seaports and aquaculture.
* Offshore mineral block auctions are open to foreign bidders with specified conditions.
* The Merchant Shipping Act, 1958, adopts international liability conventions.
* Offshore safety is governed by the Oil Mines Regulations, 2017, and a draft Offshore Safety Directive.
* Harit Sagar Green Port Guidelines 2023 mandate ESG reporting for terminal operators.
* Deep Ocean Mission requires Environmental Social Due Diligence for its projects.
* Maritime Zones Act, 1976 and Offshore Wind Energy Lease Rules, 2023 regulate offshore energy and mineral projects.
Impact Analysis
Ministry of Earth Sciences:
* Impact: Responsible for developing and implementing the legislative framework for the Blue Economy.
* Action Required: Continue systematic approach to refine and implement the Blue Economy policy, incorporating stakeholder feedback.
Marine Economic Sectors (Shipping, Ports, Fishing, Tourism, etc.):
* Impact: Subject to existing sector-specific laws and potential future regulations under the Blue Economy framework.
* Action Required: Comply with existing environmental protection laws and prepare for potential changes in regulations related to sustainability and resource management.
Local Communities:
* Impact: Benefit from statutory benefit-sharing mechanisms in various marine sectors.
* Action Required: Engage with relevant authorities and participate in benefit-sharing programs related to marine resource utilization.
Private Sector (Including Foreign Investors):
* Impact: Opportunities for investment in sectors like seaports, aquaculture, and offshore mineral development, subject to regulations and guidelines.
* Action Required: Adhere to FDI policies, environmental regulations, and accountability standards, including ESG reporting where applicable.
Ministry of Environment, Forest and Climate Change:
* Impact: Empowered through the Environment Protection Act, 1986, to enforce environmental regulations.
* Action Required: Strengthen the existing environmental legal framework through targeted reforms, including amendments to existing laws and introducing specific rules to address critical challenges.
Key Entities Referenced
Blue Economy: A sustainable economic model focused on ocean resources.
Deep Ocean Mission: A Government of India initiative focused on technological development for exploring deep ocean resources.
Environment Protection Act, 1986: An umbrella legislation by the Ministry of Environment, Forest and Climate Change for environmental protection.
Coastal Regulation Zone CRZ Notification, 2019: Regulations governing activities in coastal zones of India.
Ministry of Environment, Forest and Climate Change: The Indian government ministry responsible for environmental protection and climate change.
Biological Diversity Act, 2002: An act to provide for conservation of biological diversity, sustainable use of its components and fair and equitable sharing of the benefits arising out of the use of biological resources, knowledge.
Offshore Areas Mineral Development and Regulation Amendment Act 2023: Indian legislation governing the development and regulation of mineral resources in offshore areas.
Pradhan Mantri Matsya Sampada Yojana PMMSY: A comprehensive scheme for the development of the fisheries sector in India.
GOVERNMENT OF INDIA
MINISTRY OF EARTH SCIENCES
LOK SABHA
UNSTARRED QUESTION NO. 1677
TO BE ANSWERED ON WEDNESDAY, 30TH JULY, 2025
UNIFIED BLUE ECONOMY
†1677. SHRI BRIJIMOHAN AGRAWAL:
Will the Minister of EARTH SCIENCES be pleased to state:
(a) the 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,
inter-ministerial consultations or projected timelines for a Blue Economy Law;
(b) the existing mechanism which ensures sector-specific, legally binding environmental
protections for marine economic activities in the absence of a Unified Blue Economy Act;
(c) the manner in which the regulatory gaps and overlaps being addressed;
(d) the proposed plan for unified statutory framework for environmental protection;
(e) the existing system for the Government to have a statutory benefit-sharing mechanism to
guarantee equitable distribution of marine resource benefits such as mariculture, mining
and tourism etc. among local communities, private sector and the State; and
(f) whether there are any dedicated laws or guidelines for private and foreign investment,
accountability and liability in the emerging blue economy sectors and if so, the details
thereof?
ANSWER
THE MINISTER OF STATE (INDEPENDENT CHARGE) FOR
MINISTRY OF SCIENCES AND TECHNOLOGY
AND EARTH SCIENCES
(DR. JITENDRA SINGH)
(a) Ministry of Earth Sciences is taking a systematic approach towards a legislative framework
for the Blue Economy. 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 policy is aiming to harness ocean resources sustainably for
economic growth while protecting marine ecosystems ensuring national security and
provides the foundational basis for future legislation. While the Deep Ocean Mission
having six defined verticals 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.
(b) A robust, sector-specific legal framework ensures environmental protection for marine
economic activities. The key laws include:
Sector Legal Framework / Act
Environment (Protection) Act, 1986
Coastal and Marine
Coastal Regulation Zone (CRZ) Notification, 2019
Ecosystems
Wildlife Protection Act, 1972Marine Fishing Regulation Acts (State-specific)
Fisheries and Aquaculture
National Policy on Marine Fisheries, 2017
The Merchant Shipping Act, 1958
Major Port Authorities Act, 2021
International Maritime Conventions (e.g., MARPOL)
(via Merchant Shipping Act)
Shipping and Ports & Maritime Zones Act, 1976
Security
Recycling of Ships Act, 2019
Island Vessels Act, 2021
Oilfields (Regulation and Development) Act, 1948
Offshore Areas Mineral (Development and Regulation)
Oil, Gas & Deep-Sea Mining
Act, 2002 (as amended in 2023)
Deep Ocean Mission (MoES Framework)
Environment (Protection) Act & CRZ Rules
Tourism and Recreation
Biological Diversity Act, 2002
Marine Biotechnology & Bio-
Biological Diversity Act, 2002
prospecting
(c) The regulatory gaps and overlaps are being addressed through following mechanisms:
The PARIVESH portal of Ministry of Environment Forest and Climate Change
(MoEF & CC) acts as a single window for environmental, forest, wildlife, and CRZ
clearances.
The National Sagarmala Apex Committee and PM Gatishakti portal also aid in
integrated planning.
(d) 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.
(e) A statutory benefit-sharing mechanism is already in place across various marine sectors:
Genetic & Bio-resources: The Biological Diversity Act, 2002, and its associated
regulations mandate sharing of benefits through monetary contributions (0.2-0.6% of
turnover) to Biodiversity Funds and non-monetary benefit-sharing.
Offshore Minerals: The Offshore Areas Mineral (Development and Regulation)
Amendment Act 2023 (OAMDR), requires lessees to pay an additional amount to the
Offshore Areas Mineral Trust, not exceeding one-third of the royalty, to the Trust.
Fisheries: The Pradhan Mantri Matsya Sampada Yojana (PMMSY) and state policies
ensure revenue sharing (15-25%) with local bodies or Self-Help Groups from
mariculture parks. Tourism: Niti Aayog’s guidelines on Public-Private Partnership (PPP) agreements for
eco-tourism projects in Coastal Regulation Zone (CRZ) areas often include a mandatory
revenue-sharing component. This typically involves the private operator contributing a
minimum of 2-5% of their gross revenue to a local development fund, as part of their
agreement with the government.
(f) Yes. There are dedicated laws and guidelines for investment, accountability, and liability:
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.
(Consolidated FDI Policy, DPIIT)
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 & 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, ensuring compliance with technical, safety, and
environmental standards set by the Ministry of New and Renewable Energy (MNRE).
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