Thu 28 May 2009, 08:11 GMT

New Zealand firm fined for fuel oil spill


Fisheries company is fined $20,000 after pleading guilty to discharging fuel oil into harbour water.



A fisheries company from Christchurch, New Zealand, has been fined $20,000 after pleading guilty to discharging fuel oil into Lyttelton Harbour.

Independent Fisheries Limited admitted that between 100 and 250 litres of fuel oil from a ship it had chartered, the Ivan Golubets, had leaked into the harbour water. This action contravened sections 338(1B)(a) and 15B of the Resource Management Act 1991.

The ship was moored at number three wharf in the inner harbour, within the coastal marine area. The harbourmaster arranged for the fuel oil to be cleaned up using a dispersant and costs of $5,569.09 were paid by the defendant.

Judge Jane Borthwick ruled that while the spill was not deliberate, there was a high level of carelessness or a lack of forethought on the part of the company.

This want of care was reinforced because the company had not provided any account as to its systems of dealing with either emergencies, risk management or fuel transfers and there was no indication as to what the company intended to do to avoid a recurrence of this incident.

The Judge noted that the discharge, while covering an area of approximately 80 metres by 40 metres (3200m²) of the sea surface, had increased the level of contamination and environmental degradation of the seabed. She also took into account a previous offence by the company.

While giving credit for an early guilty plea, expression of remorse and payment of clean up costs, Judge Borthwick imposed a fine of $20,000. Ninety per cent of the fine is to be paid to the Regional Council.

Kim Drummond, Environment Canterbury director regulation said that this case highlighted the need for having set procedures to follow when refueling or transferring fuel around vessels.

“The cumulative effects of such spills on the environment are not acceptable. It is understood that Independent Fisheries have now changed their procedures to reduce the risk of a similar incident in the future,” said Mr Drummond.


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