Ship dismantling clearance: authorities' inspection supported beaching, with toxic waste to be removed immediately at the owner's cost.

Clearance by the State Pollution Control Board, State Maritime Board and Atomic Energy Regulatory Board created a presumption that the vessel was free of hazardous or toxic substances, except materials such as asbestos, thermocol and electronic equipment that could surface only during actual dismantling. Physical inspection by the competent authorities, including Customs, supported the clearance. The safeguards directed by the Atomic Energy Regulatory Board were treated as reasonable conditions balancing environmental and operational interests. The vessel was permitted to beach and dismantling could proceed after compliance with the authorities' requirements; any toxic waste found during dismantling had to be removed and disposed of immediately at the owner's cost.

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Issues: Whether the ship was to be permitted to beach and be dismantled after inspection and clearance by the concerned authorities, and what safeguards were required if hazardous material was discovered during dismantling.

Analysis: Clearance from the State Pollution Control Board, State Maritime Board and the Atomic Energy Regulatory Board gave rise to a presumption that the vessel was free from hazardous or toxic substances, except materials such as asbestos, thermocol or electronic equipment that could be exposed only at the stage of actual dismantling. The inspection reports were based on physical examination by the relevant authorities, including Customs. The directions of the Atomic Energy Regulatory Board for removal of certain items during dismantling were treated as reasonable safeguards balancing the interests involved.

Conclusion: The ship was permitted to beach and the owner was allowed to proceed with dismantling after complying with the requirements of the concerned authorities. Any toxic waste discovered during dismantling was to be removed and disposed of immediately at the cost of the vessel owner.

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