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.


Bankruptcy filing documents. Liquid Wind parent company declared bankrupt, business put up for sale  

Swedish e-fuel facility developer enters bankruptcy proceedings, with subsidiaries across three Nordic countries now available for acquisition.

Corvus Energy and BYD Energy Storage strategic agreement signing. Corvus Energy and BYD Energy Storage sign strategic agreement for marine battery development  

Norway-based Corvus and Chinese firm BYD formalise partnership for next-generation lithium iron phosphate systems.

Tide Talks hydrogen webinar graphic. EMSA to host webinar on hydrogen as marine fuel  

Second episode of Tide Talks series scheduled for 29 June draws on agency studies.

Keel-laying ceremony of vessel with builder's hull no. CHB2047. Keel laid for MSC 19,000-teu LNG dual-fuel container ship  

Vessel CHB2047 is being built at Changhong International’s Daishan facility in Zhoushan.

Keys Azalea vessel. NYK achieves over 90% methane oxidation in LNG engine catalyst trial  

Japanese shipping company reports results from onboard test of system designed to reduce methane slip.

We are hiring graphic. Uni-Fuels seeks general manager for Houston bunker trading desk  

Nasdaq-listed marine fuel seller advertises for commercial leader to oversee P&L and customer relationships.

M2I2 grant award event. Emvolon wins Massachusetts grant for biomethane-to-biomethanol conversion system  

Technology converts biomethane into biomethanol at source, with applications including sustainable aviation fuel production.

Nikolaj Holm Kristensen and Tobias Laugesen, Malik Energy. Malik Energy expands team with two new hires in Denmark  

Marine fuel supplier adds chemicals specialist and supplier to Fredericia and Aalborg offices.

Soil boring tests. Straits Bio-LNG reports favourable soil test results for jetty construction  

Preliminary soil boring tests show shallower depth than expected at Singapore-based company’s jetty site.

Evangelia Tsimpidi, Flex Commodities. Flex Commodities hires Trafigura operator for Greek bunker deliveries  

Evangelia Tsimpidi joins from Trafigura Maritime Ventures with experience in ARA and US markets.


↑  Back to Top


 Recommended