AMSA: AAT Supports Detention of OOCL Le Havre
The Australian Maritime Safety Authority’s decision to detain a Hong Kong-flagged container ship which dumped food waste near the Fraser Island in May 2016 was affirmed by the Administrative Appeals Tribunal (AAT) at a hearing on November 25, 2016.
AMSA detained the 4,578 TEU vessel OOCL Le Havre in Brisbane after a Port State Control inspection on May 24 found that its Safety Management System had failed to ensure crew had an adequate understanding of the rules and regulations related to the management and discharge of garbage at sea in accordance with the international convention for the prevention of pollution from ships (MARPOL).
The inspection also found that on May 23 crew dumped 0.08 cubic metres of food waste into the ocean less than 3 nautical miles from the nearest land.
Hong Kong-based container shipping company Orient Overseas Container Line, the owner of the vessel, sought review of AMSA’s decision to detain its vessel at the AAT. At the conclusion of the AAT hearing in late November, with the company’s consent, the AAT affirmed AMSA’s decision to detain for a Safety Management System failure, finding that it was “the correct and preferable decision in the circumstances.”
“Ships operating in Australian waters must have adequate Safety Management Systems which detail the correct management and discharge of garbage at sea, as per MARPOL,” Alex Schultz-Altmann, AMSA Acting General Manager of Ship Safety, said.