IWAI mandates procurement of NOC before developing a new inland waterway

On 4-3-2025, the Inland Waterways Authority of India notified the National Waterways (construction of Jetties/Terminals) Regulations, 2025 to provide legal standards for the construction and maintenance of jetties and terminals along national waterways. The provisions came into force on 6-3-2025.

Applicability:

1. National waterways

2. Not applicable to the area under the jurisdiction of any port governed by the provisions of the Indian Port Act, 1908 and the Major Port Authorities Act, 2021.

Key Points:

1. The following entities will be eligible for terminal developer and operator:

   • Any individual/ partnership firm having Permanent Account Number, Tax Deduction and Collection Account Number and registration with Goods and Services Tax;

   • A company registered in India under the Companies Act, 2013;

   • An organization created under any Central Act or State Act;

   • Any autonomous body/ company/ public sector undertaking or trusts or boards managed or controlled by the State Government or the Central Government, local authorities or other statutory organizations;

   • An entity registered as a co-operative society under the Co-operative Societies Act, 1912 or a trust under Indian Trusts Act, 1882;

   • A joint venture or consortium.

2. Certificate for development of inland waterway terminal:

   • Any entity desirous of being a terminal developer and operator will have to make an online application to Inland Waterway Authority of India (‘IWAI’) of India for grant of a No Objection Certificate (‘NOC’) for development of new inland waterway terminal or the existing terminals.

   • Appraisal Committee will confirm after verifying the documents as to whether the applicant fulfils the eligibility and other requirements or not.

   • The technical feasibility will be assessed by the IWAI, in case the proposed inland waterway terminal is in proximity to an existing one and ensure that the operations of the existing inland waterway terminal is not obstructed or hampered.

   • NOC will be granted after considering all the relevant factors by IWAI on the recommendations of the Appraisal Committee.

   • Application for NOC will be disposed of within a period of 90 days from the date of submission of application.

3. Application fee will be non-refundable.

4. All types of cargo can be handled in an inland waterway terminal.

5. All vessels registered under the Indian Vessels Act, 2021 and the Merchant Shipping Act 1958 will be permitted to operate on national waterways.

6. Terminal developer will be responsible for developing and maintaining the access channel connecting the main navigational channel to the inland waterway terminal.

7. Liabilities and indemnification:

   • IWAI will not be liable for any loss/ destruction/ damage/ deterioration of goods at the inland waterway terminal.

   • Terminal developer and operator will have to indemnify the IWAI against any claims by any party towards damages/ compensation for any loss caused to life/ property during the development or operations of the inland waterway terminal.

8. IWAI can cancel the NOC if the Certificate holder:

   • commits breach of terms and conditions;

   • contravenes any provision of the Inland Waterways Authority of India Act, 1985;

   • commits an unlawful act or omission.