Non-Hazardous Cargo - Storage and Handling:
Several sources highlight the storage and handling of non-hazardous cargo such as edible oils, fertilizers, food grains, and desalination products within ports and designated facilities. These activities are often subject to safety regulations, environmental clearances, and specific conditions for facilities like regasification of liquefied natural gas (LNG) and desalination plants. For example, sources IMC Ltd. VS Tuticorin Port Trust through its Chairman - Madras, Maharashtra Maritime Board VS Union Of India - Bombay, and Bombay Environmental Action Group VS State of Maharashtra - Bombay emphasize the importance of incorporating safety measures and obtaining necessary clearances for such activities.
IMC Ltd. VS Tuticorin Port Trust through its Chairman - Madras, Maharashtra Maritime Board VS Union Of India - Bombay, Bombay Environmental Action Group VS State of Maharashtra - Bombay
Regulatory Framework and Environmental Clearances:
The handling of non-hazardous cargo is governed by regulations that include obtaining Coastal Zone Management Authority approvals, CRZ clearances, and adherence to environmental standards. The need for periodic clearance updates and compliance with pollution control measures is stressed to prevent environmental hazards. Sources Nikhil Adhesives Limited Thro'dharmeshbhai Dhirajbhai Pandya VS Kandla Port Trust - Gujarat, KERALA COASTAL ZONE MANAGEMENT AUTHORITY vs GALAXY HOMES PVT.LTD - Kerala, and Krishnadevi Malchand Kamathia VS Bombay Environmental Action Group - Supreme Court discuss regulatory procedures and the importance of environmental safety when dealing with non-hazardous cargo in sensitive zones like the Sunderbans or coastal areas.
Nikhil Adhesives Limited Thro'dharmeshbhai Dhirajbhai Pandya VS Kandla Port Trust - Gujarat, KERALA COASTAL ZONE MANAGEMENT AUTHORITY vs GALAXY HOMES PVT.LTD - Kerala, Krishnadevi Malchand Kamathia VS Bombay Environmental Action Group - Supreme Court
Storage Facilities and Infrastructure:
Facilities for receipt, storage, and regasification of LNG, along with desalination plants, are integral to managing non-hazardous cargo related to energy and water resources. These facilities require strict safety measures, environmental clearances, and infrastructure development, often in designated ports or islands. Sources KERALA COASTAL ZONE MANAGEMENT AUTHORITY vs GALAXY HOMES PVT.LTD - Kerala, Maharashtra Maritime Board VS Union Of India - Bombay, and Atmaram Gopal Parab VS Alcon Cement Co. - Bombay detail the technical and regulatory requirements for such infrastructure.
KERALA COASTAL ZONE MANAGEMENT AUTHORITY vs GALAXY HOMES PVT.LTD - Kerala, Maharashtra Maritime Board VS Union Of India - Bombay, Atmaram Gopal Parab VS Alcon Cement Co. - Bombay
Safety and Environmental Considerations:
Across multiple sources, there is a consistent emphasis on incorporating safety measures in developmental activities within hazard zones, especially for storage and handling of non-hazardous cargo. Environmental concerns such as pollution, coastal zone management, and ecological protection are recurrent themes. For instance, sources Maharashtra Maritime Board VS Union Of India - Bombay and Bombay Environmental Action Group VS State of Maharashtra - Bombay highlight safety protocols and environmental safeguards for activities like salt harvesting, desalination, and cargo storage.
Maharashtra Maritime Board VS Union Of India - Bombay, Bombay Environmental Action Group VS State of Maharashtra - Bombay
Distinction from Hazardous Cargo and Legal Aspects:
The sources differentiate non-hazardous cargo from hazardous materials, noting that non-hazardous cargo like food grains and fertilizers generally pose less risk but still require regulation and safety measures. Legal cases IMC Ltd. VS Tuticorin Port Trust through its Chairman - Madras and ITC Ltd. Rep. by its Vice President (Commercial) B. V. S. Jogarao, Divisional Headquarters, Secunderabad & Another VS Union of India, rep. by its Secretary, Ministry of Finance, New Delhi, & Others - Madras discuss the importance of accurate classification, testing, and compliance to prevent mishandling or illegal import/export of hazardous waste.
IMC Ltd. VS Tuticorin Port Trust through its Chairman - Madras, ITC Ltd. Rep. by its Vice President (Commercial) B. V. S. Jogarao, Divisional Headquarters, Secunderabad & Another VS Union of India, rep. by its Secretary, Ministry of Finance, New Delhi, & Others - Madras
Analysis and Conclusion:
Handling non-hazardous cargo involves a comprehensive regulatory framework emphasizing safety, environmental protection, and infrastructure development. Facilities must adhere to environmental clearances, safety protocols, and proper classification to ensure safe storage and handling, especially in sensitive zones like ports, islands, and coastal areas. While non-hazardous cargo generally presents lower risks than hazardous materials, strict compliance with regulations is essential to prevent environmental hazards and ensure safety.
All sources summarized above
Plaintiff submitted the tender for Tank Farms for storage and handling of Non-Hazardous cargo and Hazardous cargo of B & C clause ... Section 65 - Suit for recovery of money - Relief of specific performance - plaintiffs are carrying on business in handling liquid cargo ... It is true that the plaintiff was allotted land along with 5 others for storage and handling of Non-Hazardous cargo and Hazardous carg....
in interfering with the said action on the touchstone of relevance and reasonableness, fair play, natural justice, equality and non-discrimination ... and non-hazardous cargo and further informing that further CRZ clearance if required for installation, safety, pollution control etc. has to be obtained by the petitioner from time to time at its cost and the payment shall have to be made by the petitioner after obtaining the CRZ clearance for the individual ... declared highest bidder for the plot that has been applied by....
regulations and the ongoing occupancy of the building by allottees - All objections raised by the authority were found insufficient for non-renewal ... appended to this notification and facilities for regasification of Liquefied Natural Gas subject to the conditions as mentioned in sub-paragraph (ii) of paragraph 3; (v) desalination plants and associated facilities; (vi) storage of non-hazardous ... facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-II; (iii)facilities for regasific....
(c) necessary safety measure shall be incorporated while permitting such developmental activities in the area falling in the hazard zone; (d) salt harvesting by solar evaporation of seawater; (e) desalination plants; (f) storage of non-hazardous cargo such as edible oil, fertilizers and food grain within ... for regasification of Liquefied Natural Gas subject to the conditions as mentioned in sub- paragraph (ii) of paragraph 3; (v) desalination plants and associated facilities; (vi) storage of non-hazardous....
hazardous cargo such as edible oil, fertilizers and food grain in notified ports. ... These are also exposed to hazardous situation like cyclones and high waves. None of these are valid for Vulpine or similar backwater islands. ... ... (iid) facilities for generating power by non conventional energy sources. ... (iie) construction of airstrips and associated facilities in the Island of Lakshadweep and Andaman & Nicobar. ... Significantly, respondent No.3 has further stated in the counter affidavit that the petitioners w....
drainage, sewerage which are required for traditional inhabitants of the Sunderbans Biosphere Reserve area, West Bengal, on a case to case basis, by the West Bengal State Coastal Zone Management Authority; (d) salt harvesting by solar evaporation of sea water; (e) desalination plants; (f) storage of non-hazardous ... cargo such as edible oil, fertilizers and food grain within notified ports; (g) construction of trans-harbour sea links." ... Sanjay Raj Subba & Ors., AIR 2004 SC 1377, this Court took a similar view observing that once an or....
(c) necessary safety measure shall be incorporated while permitting such developmental activities in the area falling in the hazard zone; ... (d) salt harvesting by solar evaporation of seawater; ... (e) desalination plants; ... (f) storage of non-hazardous ... drainage, sewerage which are required for traditional inhabitants of the Sunderbans Biosphere Reserve Area, West Bengal, on a case-to-case basis, by the West Bengal State Coastal Zone Management Authority; (d) salt harvesting by solar evaporation of seawater; (e) desalination plants; (f) storage of ....
[facilities for receipt and storage of petroleum products and liquefied natural gas as specified in Annexure-III appended 10 this notification and facilities for regasification of liquefied natural gas subject to the conditions as mentioned in para (2)(ii), facilities for generating power by non
On facts, it was pointed out that the importer was not sure about the non-hazardous nature of the cargo and tried to substitute the samples and the test result is valid only to the extent of proving what the samples are, and does not have any evidentiary value to prove that no substitution of the samples ... The cargo is still in the safe custody of the custodian of ICD, Irugur. The slight variation in the description, such as dark green or black does not affect the identity of the cargo since both thes....
Review Petition - Customs Law - Hazardous Waste (Management and Handling) Rules, 1989, Customs Tariff Act, Major Port Trust Act ... Fact of the Case: The petitioner ordered mixed waste papers, which were found to contain hazardous materials. ... Act - The court discussed the petitioner's order for supply of mixed waste papers, the subsequent findings of waste mixed with hazardous ... USA or to any one else in any other country and if the material is held by the Central Pollution Control Board to be either non-#HL_START....
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