Australia

Fines for breaching Australia's Great Barrier Reef Marine Park Act.

• A Chinese vessel sailed in restricted area between Fitzory Reef and Lamont Reef in April 2004. Master was arrested, brought to appear in court and fined A$10,000.
• In January 2002, MV 'Anangel Venture' was fined A$10,000 for sailing into a restricted area.
• In February 2003, MV 'Seakoh' was fined A$15,000.

The Australian Federal Police is enforcing this Act strictly to protect the Reef. Fortunately the above incidences did not cause any damage to the reef. Had there been damage to the reef the consequences would have been very serious and fines and damages substantial.

We advise had the damages been substantial, there is a possibility the P&I Club may have the right to reserve their position for these claims on basis of a rule excluding liability for voyages which are hazardous or improper. If for example the reason the vessel entered the restricted zone was due to the owners not arranging for latest marine charts on board or deciding not to arrange for pilotage contrary to the Act, it is likely that P&I cover would be prejudiced.