To
Chairman
Inter Ministerial
Committee (IMC) on Ship breaking
Union Ministry of Steel
Government of India
New Delhi
Date: July 19, 2013
Subject- Why Adani’s
proposed ship breaking facility in Mundra, Gujarat's Kachchh should not be
allowed
Sir,
This is with reference
to the new ship breaking facility near Mundra West Port in Gujarat’s Kachchh
district proposed by Gautam Adani led Adani Ports and Special Economic Zone
Limited (APSEZL), a part of the Adani Group of Companies should not be allowed.
It was formerly known as Mundra Port and Special Economic Zone Limited. Lessons learnt from the destruction of
coastal environment at Alang beach create a compelling logic against yet
another ship breaking beach in India.
I submit that in the
post Environment Protection Act, 1986 era, there is a compelling logic for the
conditional environmental clearance given to ship breaking operations in the
coastal environment to be revoked. The first ship, called ‘Kota Tenjong’ was
beached in Alang coast on February 13, 1983 when the adverse consequences of
ship breaking was not known and there was no rule to protect coastal
environment.
I wish to inform you
that on July 30, 2013 there will be a public hearing for Adani’s proposed shipbreaking
facility. The public hearing will happen on the basis of the Draft
Environmental Impact Assessment (EIA) prepared in May 2013 by Mecon Limited, a
Government of India Undertaking under the Union Ministry of Steel for their
proposed shipbreaking/recycling facility.
It may be recalled that
Adani group had entered into an agreement with the Gujarat Maritime Board (GMB)
for developing port and related activities at Mundra but its plan to enter the
ship-building business by setting up a shipyard at Mundra appears to have been
derailed. But in a new development it has proposed to re-enter the shipbreaking
business. Reportedly, Adani led group has been in the shipbreaking business in
the USA till recently.
On behalf of ToxicsWatch
Alliance (TWA) which has been involved in research and advocacy with regard to
hazardous waste trade and has been an applicant in the Supreme Court, before
Parliamentary Committees and relevant UN bodies, I wonder whether it is a
coincidence that the sinking of Panama flagged MV Rak Carrier carrying on board
60,000 tonnes of coal for Adani Enterprise Limited reportedly drifted about 20
Miles off Mumbai on August 4, 2011 amidst an apprehension that it may have been
staged to claim insurance money for its cargo of coal on board. The ship sank
and caused oil spill. Was it an exercise meant to test waters and the
regulatory strength of agencies involved?
This may be looked into. The matter with regard to MV Rak is before the
National Green Tribunal.
I submit that as per its
Draft EIA report, this new ship breaking/recycling facility has been envisaged
adjacent the existing Mundra West Port, which is being expanded. The proposed
ship recycling facility will handle ships to recover about 300,000 tons/year of
various materials. Mundra West Port is located near Vandh Village in Mundra
Taluk of Kachchh District in Gujarat state at an aerial distance of about 16 km
south-west of Mundra town. The project is within the port limits notified as
Special Economic Zone (SEZ). The proposed ship recycling facility measures
40.7432 hectare adjacent to the existing Mundra West Port.
It is germane to note
that citing massive pollution as a reason, Sachana shipbreaking plots in
Jamnagar district, Gujarat has been closed as per the order dated November 22,
2011 from the Office of Chief Forest Conservator, Gujarat government. The order
is specifically meant “to cancel the plots allotted of Sachana ship braking
yard. These plots are in the land of Forest / Marine Sanctuary”. Both the
English translation and the order in Gujarati is attached.
The order reads:
“Because of ship-breaking, harmful objects like arsenic, mercury, asbestos,
oil, etc could harm marine life in the long time. This leads to complex
problems for protecting and conserving the Marine National Park and Marine
sanctuary.”
I submit that these
observations are quite relevant for the proposed ship-breaking operations in
the coastal environment of Mundra West Port given the fact that it is admitted
that “At present most of the land is still submerged and only a minor portion
is located in the inter-tidal zone.”
It is also revealed that
“The land for the project is being created by dumping dredge spoils, generated
due to expansion of Mundra West Port, up to 7.0 m above the chart datum” in the
EIA report.
I submit that earlier,
Kheti Vikas Sewa Trust and Machimar Adhikar Sangharsh Sangathan (MASS) had sent
complaints to Union Ministry of Environment & Forests regarding severe
impact upon environmentsafety and integrity in the Mundra Port and SEZ Limited
area committed by the Adani company in question. The Ministry constituted a
Committee for inspection of M/s Adani Port and SEZ Ltd., Mundra, Gujarat. The Committee’s
terms of reference is relevant in this case as well since by implication it
underlines why Adani’s proposed ship breaking facility too should not come up
in this ecologically fragile zone. The committee examined the allegations
regarding bunding/diversion/blocking of creeks and reclamation etc., and
distortion of original High Tide Line (HTL), the HTL submitted by the proponent
and HTL of the approved Coastal Zone Management Plan (CZMP), compliance to the
conditions of the Environmental Clearance (EC) and Coastal Regulation Zone
(CRZ) Clearance granted, the destruction of mangroves and leveling of sand
dunes, the likely impacts on agriculture due to ingress of salinity resulting
from creation of huge water body of sea water for Adani Power Plant at Mundra
Taluka and the issues related to earthquake/tsunami/other natural calamities
and soil liquefaction which may be impacted adversely. These concerns are
manifestly pertinent for the proposed ship breaking facility.
It is clear that in a
tactical and clever manner the company has taken environmental clearance for
its various projects in the proposed region in installments by outwitting the
regulatory agencies. This ploy is apparent when one reads in its claim in the
Draft EIA report that “APSEZL had received Environmental and CRZ Clearance for
Water Front Development Clearance from Ministry of Environment and Forests,
Govt. of India, vide letter no.10-47 / 2008 – IA-III dated 12th January, 2009
and addendum dated 19th January, 2009.” Such truncated approach in grant of
environmental clearances “has led to massive ecological changes with adverse
impacts” the committee observed. The
proposed ship breaking facility is bound to aggravate the situation if
cumulative and induced impact is taken into consideration.
I submit that the
Technical EIA Guidance Manual for Ship breaking prepared for the Union Ministry
of Environment & Forests myopically states, “The economics of the system
was very straightforward - the owner receives money for his ship; the breaker receives
enough money for his scrap to pay his expenses and make a profit.” This
straightforward economics does not include the human and environmental cost of
the hazardous ship breaking activity. Adani has been in the shipbreaking
business in USA. US is a non-party to Basel Convention unlike India and has
adopted a policy to transfer its obsolete ships to countries like India. Its
attempts faced legal challenge in the case of SS Norway, SS Independence and
Exxon Valdez.
It admits that in Indian
waters, “the ships are scrapped directly on the beaches or the vast inter-tidal
mudflats exposed daily by about 10m tidal gauge. The beaching method of the
Indian sub-continent relies heavily on low labour cost, since it involves very
little mechanisation.” This beaching method which Adani’s company proposes in
Mundra is fatally flawed. The four fatal flaws of the beaching method for ship
breaking include: cranes cannot be placed alongside ship, lack of access by
emergency vehicles and equipment, no possibility for containment and coastal
zone, intertidal zone is environmentally sensitive and managing hazardous
wastes in the intertidal zone can never be environmentally sound.
I submit that unmindful
of these ecologically destructive practices in an exercise of sophistry, Dr
Nikos Mikelis, Head of the Marine Pollution Prevention and Ship Recycling
Section of International Maritime Organisation (IMO) argues that it was
"neither logical nor ethical to stop sending ships to South Asia" at
the behest of European and Japanese ship owners demonstrating complete
disregard to the fragile coastal environment which has been heavily
contaminated and it is crying for remediation. The way Alang beach has been
colonized by the foreign ship owners in the same way Mundra too is sought to be
handed over to shipping companies from the industrialized countries for dumping
their end-of-life ships against the cardinal principal of hazardous waste
management.
I submit that IMO’s
Marine Environment Protection Committee (MEPC) contrary to its name and mandate
is evidently colluding with those countries like Japan and USA which opposed
Basel Convention that regulates and prohibits hazardous wastes trade from the
outset. If the embargo on both national and international media which stops
journalists and researchers from entering the Alang yards to ascertain for
themselves as to whether or not there is any improvement in the “grave yards”
of Alang it can reveal the disastrous impact of ship breaking activity which
has been given to poison and pollute the beach beyond remediation for good.
I submit that permitting
free trade in hazardous wastes like end-of-life ships is anti-national,
anti-nature and anti-worker. It is well known that waste follows the path of
least resistance. Indian regulatory agencies have either failed to see through
the linguistic corruption being indulged in by foreign ship owning countries
and companies to bulldoze hazardous wastes in the name of recycling or they are
colluding with IMO which is undermining UN’s Basel Convention on Transboundary
Movement of Hazardous Wastes and Their Disposal hard earned by developing
countries like India at the behest of the traditional enemies of this
Convention.
I submit that the steel
scrap generated from ship recycling contributes to around 1% of India’s
domestic steel demand and is primarily a source of raw material for the
re-rolling mills which convert this scrap to mainly produce rods and bars which
find application in construction industry. Ship breaking activities contribute
to total scrap steel supply and a significant number of re-rolling mills are
increasingly dependent on them. This has also given birth to the issue of
radioactive steel because of which the secondary steel products from India are
globally under scrutiny. It may be noted that Steel Ministry is the focal point
for the ship breaking activity although proposed Shipbreaking Code 2013 reveals
that foreign ship owners seem to have prevailed on government to hand over its
jurisdiction to Ministry of Shipping.
I submit that keeping
gnawing concerns the impact on the environmental health of the hazardous
industrial activity in question makes ship breaking in India fall under a WIMBY
(Welcome Into My Backyard) logic wherein waste is welcomed or application of
Lawrence Summers' Principle wherein it was argued that it makes impeccable
economic logic to transfer hazardous industries to developing countries.
In view of the above, I
wish to persuade the IMC that by refusing permission for the proposed ship
breaking facility, India can send give a categorical message to the foreign
ship owning countries that they should keep their own waste and ‘recycle’ them
ad infinitum instead of treating Indian waters as their landfills.
Thanking You
Yours faithfully
Gopal Krishna
ToxicsWatch Alliance
(TWA)
Mb: 09818089660,
08227816731
E-mail:gopalkrishna1715@gmail.com
Web: www.toxicswatch.org
Cc
Dr Manmohan Singh, Prime
Minister
Shri Beni Prasad Verma,
Union Minister of Steel
Shri Anand Sharma, Union
Minister of Commerce & Industry
Shri G K Vasan, Union
Minister of Shipping
Shri A K Antony, Union
Defence Minister
Smt Jayanthi Natrajan,
Union Minister of Environment & Forests
Shri Jyotiraditya
Madhavrao Scindia, Union Minister of State, Ministry of Commerce & Industry
Chairman & Members,
Parliamentary Standing Committee on Science, Technology, Environment &
Forests
Chairman & Members,
Parliamentary Standing Committee on Transport, Tourism & Culture
Cabinet Secretary,
Government of India
Secretary, Union
Ministry of Commerce & Industry
Secretary, Union
Ministry of Shipping
Secretary, Union
Ministry of Environment & Forests
Secretary, Union
Ministry of Defence
Secretary, Union
Ministry of Steel
Secretary, Union
Ministry of Labour
Additional Secretary ,
Union Ministry of Commerce & Industry
Special Secretary, Union
Minister of Environment & Forests
Chairman, Central
Pollution Control Board
Additional Secretary,
Union Ministry of Commerce & Industry
Additional Secretary,
Union Ministry of Commerce & Industry
Additional Secretary,
Union Ministry of Commerce & Industry
Additional DGFT, Union
Ministry of Commerce & Industry
Director General of
Shipping & Ex. Officio Additional Secretary, Govt. of India
Shri J P Shukla, Joint
Secretary, Union Ministry of Shipping
Director General of
Central Excise Intelligence (DGCEI), Union Ministry of Finance
Chairman, Atomic Energy
Regulatory Board, Mumbai
Ms Aditi Das Rout,
Director, Union Ministry of Commerce & Industry
Dr. Manoranjan Hota,
Director, HSMD, Union Minister of Environment & Forests
Shri Sanjay Parikh,
Lawyer, Supreme Court
Member Secretary,
Gujarat Pollution Control Board (GPCB)
Chairman, GPCB
Chairman, Gujarat
Maritime Board
Shri S K Sharma, Atomic
Energy Regulatory Board
Shri C A Joseph, Under
Secretary, MF Desk, Union Ministry of Steel
Source:
toxics watch. By Gopal Krishna.
http://www.toxicswatch.org/2013/07/why-adanis-proposed-ship-breaking.html