https://www.straitstimes.com/singapore/transport/st-explains-why-does-stationary-vessel-have-to-shoulder-claims-for-recent-oil-spill
The Singapore-flagged Marine Honour will have to bear the costs arising from the spill, despite it being stationary when it was hit.ST PHOTO: LIM YAOHUI
SINGAPORE – A bunker vessel which spilled oil when it was hit by a dredging boat on June 14 will have to bear the costs arising from the spill, despite it being stationary when it was hit.
Some from the public have asked why the stationary vessel – instead of the moving dredging boat – is the party that has to shoulder all the claims.
On June 14, the Vox Maxima, a Netherlands-flagged dredger, suffered a sudden loss of engine and steering control and hit the Singapore-flagged vessel Marine Honour.
The allision damaged an oil tank on the bunker vessel and caused 400 tonnes of oil to leak into the sea.
The Sunday Times speaks to maritime lawyers for a closer look at claims for maritime oil spills.
Under the Merchant Shipping (Civil Liability and Compensation for Oil Pollution) Act 1998, the owner of a vessel from which oil is discharged is liable for all damage caused, regardless of whether the vessel is at fault.
Mr John Sze, managing partner of law firm Joseph Tan Jude Benny, noted that the “polluter pays” principle ensures that potential claimants do not need to wait for a legal resolution between the vessels involved in an incident, to determine their responsibility, before knowing where they can seek compensation.
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He added that such investigations and potential legal proceedings could take years to complete, leaving those who have suffered losses unable to get compensation quickly. This would not be ideal.
Mr Prakaash Silvam, head of shipping at law firm Oon and Bazul, said the polluter pays principle is based on the fact that it is unfair to place the costs of pollution on society, and those who caused environmental harm should be held accountable for the damage.
Mr Joseph Tan, managing director and senior accredited specialist of maritime and shipping at law firm JLex, said there are exceptions to the Act, if the oil pollution is due to: a war or an exceptional natural phenomenon, something done by a third party with the intention of causing damage, or the negligence of a government or authority to maintain lights or navigational aids.
While it is common practice to file claims against the polluting vessel, he noted that third-party claimants can also consider filing claims in court against the owners of the moving boat Vox Maxima if, for instance, they are of the view that negligence had led to a sudden loss in engine and steering control.