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.


Heinrich Wegener & Sohn Bunkergesellschaft m.b.H. logo. Heinrich Wegener & Sohn joins Global Ethanol Association  

German family-owned bunker firm joins industry body to support ethanol and methanol adoption.

Keel-laying ceremony of vessel with builder's hull no. CHB2048. Second MSC ultra-large LNG dual-fuel boxship enters dry dock at Zhoushan  

Changhong International's Daishan Base receives 19,000-teu container vessel built for MSC.

175,000-cbm LNG carrier vessel render. Deal signed to build four LNG-fuelled gas carriers  

Quartet of 175,000-cbm LNG vessels destined for Shell charter.

Launching ceremony of MSC Leticia X vessel. Changhong International launches LNG container ships and tankers for MSC and Navios  

Chinese shipbuilder launches four vessels in the space of days, spanning LNG container ships and oil tankers.

Norsepower and CHIC signing. Norsepower and Cosco unit sign R&D agreement to advance rotor sail development  

Finnish wind propulsion firm and Chinese manufacturer deepen ties with dedicated research and development pact.

Andrés Galnares and Gorka Hermoso, H2SITE. H2SITE closes Series B round above €42m to scale hydrogen membrane technology  

Fresh capital secured as firm targets large-scale industrial deployment and expansion into Asian markets.

Mitsubishi Heavy Industries (MHI) logo. MHI study points to cost reduction potential in India-to-Singapore green ammonia value chain  

Mitsubishi Heavy Industries analysis finds value chain optimisation could cut green ammonia costs.

YM Wayfinder naming ceremony. Yang Ming names third LNG dual-fuel boxship for Asia–North Europe service  

YM Wayfinder joins two sister vessels already operating on LNG on the FE3 route.

Milind Homkar, Flex Commodities. Flex Commodities appoints Milind Homkar as trade controller  

Dubai-based trader brings in finance and audit specialist to lead trade control function.

Launching ceremony of Kypros Island vessel. Safe Bulkers launches first methanol dual-fuel bulk carrier at Chinese shipyard  

Greek dry bulk operator launches first methanol-powered vessel as part of its fleet renewal programme.


↑  Back to Top


 Recommended