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.


DP World London vessel. DP World names first methanol dual-fuel vessel at ceremony in Aarhus  

Marine services business, Shipping Solutions, names 1,250-TEU boxship with five-cylinder main engine.

Wind of Ocean vessel. LD Armateurs launches first of two SOVs for Vattenfall at Chinese shipyard  

Wind of Ocean features hybrid-electric propulsion and a double-ended hull design.

Business handshake. Singapore and Brazil sign MoU to establish green and digital shipping corridor  

Two countries will collaborate on maritime decarbonisation, digitalisation and alternative marine fuel supply chains.

WinGD logo. WinGD modelling shows retrofit pathways to net zero can pay off, but policy support remains key  

Fuel economics and regulation — not engine technology — are the main barriers to cost-effective decarbonisation retrofits, says report.

We are hiring graphic. Arte Bunkering seeks Mandarin-speaking senior bunker trader to establish presence in China  

European trading firm is expanding into China with its first on-the-ground hire.

Empire State Building, New York. Monjasa recruiting trader for New York team  

Experience in marine fuel or shipping an advantage but not a requirement.

Maritime Bunkering course participants. SSA launches training course to prepare maritime companies for Singapore’s mandatory digital bunkering  

Course designed to help companies evaluate the impact of digitalisation on their existing workflows and business processes.

Limassol cityscape. Monjasa opens two trader roles at Cyprus base, one for Italian speaker  

Experience in shipping or sales described as a requirement.

GRSE work order handing-over ceremony. GRSE wins West Bengal orders for two hybrid diesel-electric ferries  

Indian state-owned shipbuilder expands green inland waterway portfolio with latest contracts.

New Sea Generation (NSG) logo. New Sea Generation seeks experienced bunker traders in Greece  

Bunker trading firm is offering equity and a path to partnership.


↑  Back to Top


 Recommended