SSA Annual Review 09/10 - Singapore Shipping Association

SSA ANNUAL REVIEW 2009/2010
36
ACTIVITIES REPORT
Limitation of Liability – Maritime Claims
In March 2009, off the south-east coast of
Queensland, Australia, the Pacific Adventurer lost
31 containers of ammonium nitrate, resulting
in the holing of the vessel and the loss of 270
tonnes of bunker fuel. While the carrier relied
on its right to limit liability under the 1996 LLMC
Convention, the Australian government insisted
that the carrier meet all established claims in full.
In addition to threatening to impose bans on the
company’s shipping and other interests, Australia
was considering to impose a levy on all ships calling
at Australian ports to recoup the shortfall between
the shipowner’s limitation amount and the eventual
total amount of all established claiMs
Australia has subsequently submitted a paper to
the IMO Legal Committee calling for increases to
the 1996 LLMC Convention amounts and also “an
assessment of whether the current provisions under
LLMC remain relevant and, if considered advisable,
recommending possible amendments.” This paper
will be yet another proposal to have the 1996
LLMC Convention limits increased.
The Committee agreed that SSA would neither
support any government’s initiatives to raise the
limits of shipowner’s liability nor the enactment of
any unilateral legislation aimed at raising limits of
liability for ship owners.
It was further noted that there would be no
advantage for owners to move from the LLMC
’76 Convention to the LLMC ’96, as there was no
increase in defences to match the increase in limits.
People’s Republic of China (PRC)
Marine Pollution Regulations
The Committee viewed the PRC regulations on
the prevention and control of marine pollution
from ships (State Council Decree (No.561)) which
entered into force in China on 1 March 2010 with
concern as it bears resemblance to the US Oil
Pollution Act 1990.
The PRC regulations are aimed at the prevention
and control of marine pollution from ships
(including port operations, ship-breaking and waste
disposal) and will be administered by the PRC
Ministry of Transport.
In spite of the implementation of the regulations,
the Committee was concerned that there remained
no clear guidance from the Chinese authorities with
regard to a number of technical and operational
requirements.
The Legal & Insurance Committee, working
together with the other SSA Operational
Committees, has continued to seek clarification on
the actual implementation guidelines on the PRC
regulations.