Pollution Penalties Becoming Stiffer
Last month the Crown Court reduced a fine imposed earlier this year by the Southampton Magistrates Court on the owners of a container ship.
The fine was reduced from £100,000 to £30,000. The original fine had been the second highest penalty ever imposed in this country for pollution from a ship. Even at the reduced figure of £30,000 the fine still ranks amongst the highest penalties imposed for this offence.
The spillage from the vessel had been relatively minor, with approximately 22 litres of lubricating oil having been inadvertently discharged overboard during routine onboard bilge transfer operations at a point some 40 miles off the Devon Coast with no reported damage to the shore, to wildlife or indeed to anyone using the English Channel.
The high level of fine imposed in such circumstances, both initially by the Magistrates and then on appeal by the Crown Court, is indicative of the tough stance now being taken by the Courts on pollution incidents.
The offence, under the Merchant Shipping (Prevention of Pollution of Oil Pollution) Regulations 1996, is effectively one of strict liability, meaning that both the owners and the Master of a ship that discharges oil or oily mixture into any part of the sea will be liable to a fine of up to £250,000. Discharge in such circumstances includes any escape, disposal, spillage, leakage, pumping, emitting or emptying and includes both accidental and intentional discharges as well as deliberate ones.
The fine in this case followed a spillage caused by a lapse in operational procedures in the engine room. The spillage was spotted in the engine room.
The spillage was spotted by two military aircraft on an exercise over the English Channel. It is however a salient lesson to the owners and operators of all vessels to ensure that their maintenance and operational systems stand up to scrutiny since even the slightest lapse can end up with a five figure fine.
LA Marine, the specialist shipping and marine law team of Lester Aldridge solicitors, exhibiting at seawork stand 52, have considerable experience in representing owners and Masters facing investigation and prosecution for pollution offences, having appeared in a significant proportion of the reported cases in this respect. Experience suggests that the way in which a party reacts to investigation by the MCA or the relevant Port Authority can have a significant bearing on the ultimate penalty imposed. Anyone facing such investigation would therefore be well advised to seek legal advice at the earliest opportunity.
MJ Information No: 18328
