Korea pollution crackdown

Korea pollution crackdown
RECENT amendments to the Korean Sea Pollution Prevention Act have imposed a number of new requirements on vessels operating in Korean waters.

Oil tankers of more than 500 gross tons must have arranged for the necessary equipment or vessels to combat oil pollution. Alternatively, shipowners must have made arrangements to hire the necessary equipment or vessels. In the event of their failure to do so, the marine police may prevent the vessel from entering the port area, and owners also face hefty fines or imprisonment if they fail to observe this requirement.

Owners alerted to Panama law changes

THERE are wide-ranging implications for shipping in a new decree from the government of Panama obliging owners of Panama-flag vessels to comply with the country's Maritime Labour Law. The law covers most contractual matters relating to the employment of seafarers. (Carreira Pitti)

NSW increases spill fines

MAXIMUM fines applying to marine oil spills in New South Wales, Australia, have been increased for the first time in almost five years.

It remains a strict liability offence to discharge oil from a ship into NSW waters. The maximum penalty now applying for a discharge is $1.1 million for a corporation, and $220,000 for an individual. It is also an offence for a master or owner to fail to report an oil spill to port authorities, to fail to carry an oil record book, and to cause a ship to leave the jurisdiction while it is under detention pending the posting of security for fines and clean-up costs resulting from a spill.

The fines imposed by the NSW courts are very high compared to those in other Australian states. And it is very difficult to rely on statutory defences. (Ebsworth & Ebsworth)

Time extensions invalid in Nigeria

COURTS in Nigeria have confirmed that time extensions granted by shipowners/carriers to cargo interests under the Hague Rules are null and void.

Under Article 111 Rule 6 of the Hague Rules, which is incorporated into Nigerian law by the Carriage of Goods by Sea Act 1926, there is a one-year time limit to institute legal proceedings against a shipowner/carrier in respect of loss of or damage to cargo from the date of delivery of the goods or when the goods should have been delivered.

The courts in Nigeria have recently taken the view that the question of limitation is not a matter of practice and procedure but rather a question of law. The limitation time allowed for bringing an action cannot be altered by agreement between the parties. This could mean that the number of claims against shipowners/carriers may increase as cargo interests are forced to start legal proceedings in cases where it may otherwise have been possible to negotiate and settle a claim without recourse to legal proceedings. (West of England P&I Club)

New maritime court for Bangkok

A NEW court has been established in Bangkok, Thailand, which, among other things, will deal with marine disputes. The Intellectual Property and International Trade Court will deal with a number of marine claims, including enforcement of arbitrations, ship arrests and cargo disputes.

This should help to speed up procedures because the appeals court is now excluded from the process, with any appeals going directly to the supreme court. (Maritime Services (Bangkok) Limited)

El Nino cuts Panama Canal draft

THE maximum authorised draft for vessels transiting the Panama Canal has been reduced to 39 feet, which is six inches less than the standard draft allowed, as a result of restrictions in the use of water following a prolonged drought caused by the disruptive influence of El Nino on climate behaviour in the region.

This is the first time in fourteen years the Panama Canal administration has been forced to set draft restrictions. It is possible that further reductions will be enforced. Special allowances are being considered for certain types of tankers and dry bulk cargo vessels. (Quijano & Associates)

MEPC ponders new regulations

IMO's Marine Environment Protection Committee (MEPC) has agreed to draft mandatory regulations to phase out and eventually prohibit the use of toxic antifouling paints containing organotins such as tributyl tin (TBT).

A working group is to draw up the regulations and to propose a time schedule for prohibition. It will also prepare a draft assembly resolution, for adoption next year, urging member IMO states to encourage the use of alternatives to organotin anti-fouling systems, pending the entry into force of a mandatory instrument.

The MEPC also agreed to consider in detail a draft protocol to extend the International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC) to include hazardous and noxious substances (HNS). The aim is to adopt a new protocol in 2000 which would give a similar global framework for dealing with incidents involving HNS as is now provided under OPRC.

The new protocol may also embrace a new draft regulation to MARPOL making it mandatory for ships carrying noxious liquid substances in bulk to have on board a specific marine emergency plan to deal with spills of such cargoes. (IMO)

Hold placed on US Shipping
Reform Act

A LAST-MINUTE hold had been put on the Ocean Shipping Reform Act of 1998 by the United States senate, just when its passage looked imminent.

The legislation seeks to modify the 1984 Shipping Act by: eliminating the filing of tariffs; subjecting loyalty contracts to antitrust review by the department of justice; eliminating the requirement that carriers match service contract terms for similarly situated shippers; allowing shippers to enter into service contracts individually, as a shippers' association or as a group; allowing ocean carriers to enter into service contracts as individual carriers or as a group through an agreement; requiring ocean carriers to disclose service contract information to labour groups; allowing rate and service negotiations for inland transportation by groups of carriers; and reducing the notice requirement for independent action from ten to five business days. (Eckert Seamans Cherin & Mellott)

Cruisevoy ready

BIMCO'S new voyage charter party for the cruise industry will be available for use this year. This means that the cruise industry will for the first time have a standard charter party, to be known as Cruisevoy, for the chartering of a cruiseship by one or more tour operators.