THE GREAT BARRIER REEF: BE CAREFUL WHEN DISPOSING OF RUBBISH

Published: 1 August 2015

The Club has recently handled a case in Australia where a ship disposed of rubbish over board in the Great Barrier Reef Marine Park and, even though the discharge was more than 12 nautical miles from the coastline, this was in contravention of MARPOL Annex V due to the special nature of the Marine Park.

During a routine check of the ship’s garbage disposal log, the surveyor from the Australian Maritime Safety Authority (AMSA) noted that a small amount of food waste had been discharged over board while the ship was in the Great Barrier Reef Marine Park region. The ship was consequently detained until security was supplied to the authorities in the amount of AUD510,000 (approx. USD400,000) which was equivalent to the maximum possible fine.

The crew had followed the ship’s usual garbage management procedures and had asked for authorisation from the bridge to discharge food waste over board. The officer on duty checked the ship’s location and determined that it was more than 12 nautical miles from the nearest land and not in a ‘special area’ and accordingly authorised the discharge of the food waste and wrote up the appropriate entry in the Garbage Discharge Log.

However, at the time of the discharge, the ship was located within the Great Barrier Reef Marine Park area. The definition of ‘nearest land’ in Regulation 1 of MARPOL Annex V contains a special provision relating to the east coast of Australia which effectively establishes an artificial baseline at the outer edge of the Great Barrier Reef, as opposed to the natural coastline. This means that all Great Barrier Reef waters are deemed to be on the landward side of the artificial baseline and therefore all discharges in these waters are in contravention of MARPOL Annex V.

Our local correspondents have told us that this type of incident occurs with some regularity. It is recommended that Members with ships trading to Australia review their shipboard garbage management procedures and also review the relevant signs around the ship to make sure that these signs mention the special baseline provision relating to the Great Barrier Reef area.

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