This is a legacy page. Please click here to view the latest version.
Mon 6 Jul 2009, 07:51 GMT

Swire Shipping denies bunker spill payment claims


Operator says it wishes to achieve a 'mutually acceptable solution' regarding a cleanup payment.



Swire Shipping, the operator of the Pacific Adventurer, has rejected assertions that it is not prepared to cover the cost of a 270-tonne bunker spill off Australia's Moreton Island [pictured], which resulted from the vessel's loss of containers during Cyclone Hamish.

The company said that it is in discussions with the State and Federal Transport Ministers and has written to Premier Anna Bligh saying that it wishes to achieve a "mutually acceptable solution" in line with its commitment to the people of Queensland.

"From the beginning, the company has always promised to meet its full responsibilities under Australian law for the accident clean-up.

"The company has not stated it would cover all costs. All costs are still unknown and there is a limit to the amount of claims the company and its insurers can accept," Swire Shipping said in a statement.

According to Queensland state Premier Anna Bligh, lawyers for Swire Shipping had informed the state government that the company only intends to pay the $US17 million required under international maritime conventions, leaving taxpayers to pay the rest of the estimated $US27 million despite previous assurances that it would pay above the cap.

"As the Queensland Government is aware, Australia is a party to the Convention on Limitation of Liability for Maritime Claims (the LLMC Convention) which limits the liability of a ship-owner for third party claims. In the case of the Pacific Adventurer, the Convention limits this liability to the equivalent of approximately A$14.5 million. The Federal Government Minister for Transport, the Hon Anthony Albanese MP, has reaffirmed the applicability of this limit since the Pacific Adventurer incident," Swire Shipping said.

The company added that the ship's insurer has already provided financial security to the Government by a letter of undertaking for up to A$20 million.

In addition, Swire Shipping said that immediately following the bunker spill it had provided $2 million of assistance with the clean-up. The company added that its oil pollution experts had flown from the Middle East and it had imported specialist equipment which was donated to the Government.

"The reason for the LLMC Convention is to place an upper limit on ship-owners' potential liability for a fuel oil spill. If ship-owners faced unlimited liability for such spills, the additional cost of insurance would result in a significant increase in freight rates, which would have a negative impact on international trade. Australian exports and imports would have to carry this additional cost," Swire Shipping said.

"Any decision by Swire Shipping to offer compensation that is significantly above the limit determined by the LLMC Convention would risk becoming a precedent in international law. As a result, insurance premiums and freight rates could rise significantly.

"Swire Shipping wishes to express its sincere regret to the people of Queensland for the oil spill. The company is committed to resolving the matter in a fair and equitable manner and remains ready to discuss it with the Premier of Queensland," the company added.


210,000-tonne tri-fuel ore vessel render. CSSC units sign contract for four tri-fuel ore carriers  

Ships feature a tri-fuel propulsion system combining ethanol, methanol and fuel oil.

Houston skyline. Bunker One seeks oil derivatives trader for Houston desk  

New hire to work alongside trading and sales, providing hedging solutions for physical exposure.

Lyla Pathfinder vessel. Kawasaki delivers 13th LPG-fuelled LPG/ammonia carrier  

86,700-cbm vessel is shipbuilder's 20th delivery featuring LPG-fuel propulsion.

Mein Schiff Relax ship-to-ship (STS) bunkering operation. TUI Cruises puts both InTUItion-class ships on bio-LNG as fleet targets 50,000-tonne CO₂e saving in 2026  

German cruise operator says bio-LNG use across two newbuilds has already cut 26,000 tonnes of CO₂e.

MCE Marine Surveyors logo. MCE Marine Surveyors seeks bunker surveyor in Rotterdam amid growing demand  

Liquid bulk surveyor certificate listed as a preference, as is prior experience in a bunker surveyor role.

Athinagoras vessel. LNG dual-fuel tanker delivered to Capital Ship Management  

Vessel one of two handed over to Greek operators on the same day.

Auramarine quality specialist hiring announcement. Auramarine seeks quality specialist to unify European and Asian management systems  

Finnish fuel supply system maker is recruiting a quality specialist to harmonise its global operations.

Nave Orbit vessel. Navios Maritime Partners takes delivery of LNG- and methanol-ready Aframax tanker  

117,012-dwt Nave Orbit features alternative-fuel readiness and energy-efficiency technology.

PetroChina Petroineos Trading logo. PetroChina International seeks bunker sales manager to drive European growth  

Chinese state-owned energy trader targets ARA expansion with new commercial hire.

CF Anja vessel. Damen delivers HVO-ready CF 3850 to Lithuania’s Juru Agentura Forsa  

CF Anja marks the first newbuild vessel in Forsa’s dry cargo fleet.


↑  Back to Top


 Recommended