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.


Graphic promoting Auramarine webinar titled 'Sustainable Fueling Part 3: Ammonia - next alternative fuel in marine'. Auramarine to host webinar on ammonia as marine fuel in April  

Finnish firm will explore ammonia’s role in maritime decarbonisation at its third spring webinar.

Front cover of study by WinGD and Envision Energy titled 'Renewable Fuel Economics: An OPEX illustration based on current costs'. Green ammonia could reach cost parity with VLSFO and LNG by 2050, study finds  

WinGD and Envision Energy study projects green ammonia operational costs competitive with conventional marine fuels.

Elenger Marine's LNG bunkering vessel Optimus alongside Brittany Ferries’ Saint-Malo. Bureau Veritas verifies methane emissions on Brittany Ferries’ LNG vessels  

Verification enables ferry operator to report measured methane slip instead of regulatory default values.

Map showing existing and planned Emission Control Areas (ECAs). Alliance calls for urgent black carbon action as new Arctic emission control areas take effect  

Canadian Arctic and Norwegian Sea ECAs now in force, with compliance deadline set for March 2027.

Artistic impression of battery-electric ferry for operation on Perth’s Swan River. Lloyd’s Register to class Western Australia’s first electric ferry fleet  

Echo Marine Group partners with Lloyd’s Register on five battery-electric ferries for Perth’s Swan River.

Thomas Kazakos, secretary general of The International Chamber of Shipping (ICS). ICS condemns Middle East shipping attacks as 20,000 seafarers remain trapped  

Industry body calls for urgent state action to resupply vessels and enable crew changes.

Molslinjen ferry illustration. Molslinjen order propels Australia to top of battery vessel production rankings  

Danish ferry operator’s three-catamaran order at Incat Tasmania shifts global manufacturing landscape, analysis shows.

Petrobras logo. Petrobras doubles invoiced price of MGO and LSMGO  

Export tax by Brazil's federal government forces Petrobras to double distillate invoice values.

Bunkering of Viking Line's Viking Glory by a Gasum vessel in Turku, Finland. Gasum renews FuelEU Maritime pooling partnerships with Viking Line and Wallenius SOL  

Nordic energy company extends compliance pooling arrangements with two shipping companies operating bio-LNG vessels.

Naming ceremony for CMA CGM Carmen on 18 March 2026. CMA CGM names methanol-powered container ship CMA CGM Carmen  

French shipping line christens 15,000-teu vessel as part of its alternative fuel fleet expansion.


↑  Back to Top


 Recommended