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ACQ 2016-1

Criminal prosecution for environmental offences

  • In July 2003, Mobil pleaded guilty after it caused a 50 metre wide oil spill off the Victoria coast in 1999. The company faced a fine of up to Aus$1 million for the spill from Mobil's Sylvan Arrow, allegedly caused by equipment failure.
  • In February 2001, the owner of the Bunga Teratai Satu pleaded guilty to negligently grounding a containership on the Great Barrier Reef and was fined Aus$400,000. The officer responsible for the grounding also pleaded guilty.
  • In November 1999, criminal proceedings were launched against the owner and officers of the tanker Laura D'Amato, which caused Sydney Harbour's worst oil spill. In March 2000, the New South Wales Land and Environment Court fined the ship's owner Aus$510,000 and ordered it to pay $4.5 million in clean-up costs, plus $400,000 in legal fees. Charges against the ship's master were dismissed but the chief officer was found directly responsible for the spill fined $110,000.
  • In November 1999, Australia had its first successful conviction for illegally disposing of garbage pursuant to legislation implementing Annex V of MARPOL. In this case, a yacht owner observed plastic and other garbage being thrown into a lagoon from a yacht and reported it to authorities.
  • Similarly, in November 1999, the owners of the cruiseship Fairstar were convicted and fined Aus$10,000 for an illegal discharge of garbage in Australian waters. The pollution was reported by two members of the public who collected the loose garbage that had washed up on the beach.

08 Jul 2004