Maritime Reader

NEWS INTELLIGENCE ARCHIVE
03 AUG 2026 MONDAY
Advanced filters
Keywords | type to search… Date: All time Sources: All Topics: All
Australian policy makers have a very low (zero) tolerance for pollution of the sea. This is reflected in the Commonwealth's  Protection of the Sea (Prevention of Pollution from Ships) Act 1983  ("the Act") which (at Section 9) sets out strict liability offences for oil and oily water pollution attracting maximum fines of  AUD$3.4 million  for individuals and  AUD$17 million  for corporations. Section 27A of the Act also gives the Australian Maritime Safety Authority (AMSA) the power to detain a foreign ship if there are " clear grounds for believing that a pollution breach has occurred ". AMSA have powers to investigate further under Section 27  and  the right to demand security before releasing the vessel. AMSA have recently demanded security in the sum of  AUS$20.4 million  for what may be a relatively minor alleged breach. AMSA has indicated that they  must  demand security in the maximum amount of all penalties that could be payable. This suggests that AMSA believe that they do not have discretion to request a lower amount of security for minor offences. This has far reaching ramifications for Owners and their Insurers. Until such time as the legislation is amended or there has been a successful judicial review of the demand for security under Section 27A(4)(b) of the  Protection of the Sea (Prevention of Pollution from Ships) Act 1983 , the risk of very high security demands by AMSA remains. Owners and operators should bear this in mind when preparing their vessels for Australian waters. For a text of the Act please see this link . Our thanks go to Simon Liddy and Chris Sacré of HWL Ebsworth Lawyers, Sydney for alerting us to this development.
← Back to latest
pi_circular Skuld ·2013-07-05

Australia: High level security requirement for oil pollution fines

Skuld
Read full article at Skuld →
Opens Skuld in a new tab

Topics & segments

← Back to latest

Related Knowledge

Documents on the same topic from the archive