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

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 announcing sectoral action on black carbon. Clean Arctic Alliance calls for Arctic states to submit polar fuels proposal by December 5 deadline  

Environmental group urges IMO member states to act on black carbon emissions following COP30 announcement.

$35M Retrofit Fund Illustration. GCMD closes world's first pay-as-you-save vessel retrofit fund at $35 million  

Fund links repayments to verified fuel savings, offering unsecured leases to overcome financing barriers.

Benny Hilström, WinGD. Where next for LNG fuel after IMO carbon pricing pause?  

WinGD’s Benny Hilström examines what lies ahead for LNG as a marine fuel.

Aasvaer Vessel. Wärtsilä secures sixth hybrid propulsion order from Aasen Shipping for bulk carrier series  

Norwegian shipowner orders integrated system for 9,500 DWT vessel under construction at Royal Bodewes.

COP30 Belém Brazil logo. Danish Shipping to push for IMO climate deal at COP30 after October setback  

Industry body seeks alliances with climate-ambitious nations following postponement of Net-Zero Framework vote.

Petrobras Global Trading seeks bunker trader for Rotterdam operations  

Brazilian energy company's Dutch subsidiary advertises role focusing on marine fuel sales in Brazil.

Tristar Eco Voyager vessel. TotalEnergies charters hybrid lubricants bunkering barge for Fujairah operations  

Tristar-owned vessel combines electric and biofuel power to reduce emissions by up to 35%.

European Commission headquarters. EU awards funding to 70 alternative fuels infrastructure projects across Europe  

€600m funding will support ammonia bunkering, shore power, and charging infrastructure across 24 member states.

Naming ceremony of NOCC Pacific. Norwegian Car Carriers' LNG dual-fuel, ammonia-ready PCTC is named  

NOCC Pacific has received DNV's 'Ammonia-ready' notation, preparing it for the use of lower-carbon fuels.

Graphic announcing the release of the DNV Net-Zero Guidance Paper. DNV and WMMF release guide to help shipowners navigate path to net-zero  

Guide offers practical roadmap for decarbonisation amid evolving regulations and commercial pressures.


↑  Back to Top


 Recommended