Navy-MEPA trade charges over release of tanker
Navy action violated MEPA directives -- chairperson Navy decision taken due to approaching NE monsoon--spokesman
The decision to allow the ill-fated crude oil tanker MT New Diamond to be towed out of Sri Lankan waters has led to controversy, with the Marine Environment Protection Authority (MEPA) accusing the Sri Lanka Navy of releasing the vessel in violation of its directives and the latter insisting that it had the authority to do so.
MEPA Chairperson Dharshani Lahandapura told the Sunday Times t h at the Maritime Re s c u e Coordinating Centre (MRCC) under the Sri Lanka Navy had authorised the release of the vessel last week. This was in spite of the fact that the release was under MEPA's jurisdiction as per the MEPA Act, she held.
The threat of an oil spill or a security risk mayhave been the reason for the decision Ms.Lahandapura noted. "We were in the middle of negotiations and suddenly it was being towed," she said. She noted that the MEPA had kept the security and oil spill risk factors in mind during the whole decision making process too. She however, declined to comment on why a decision had been taken so suddenly.
The MRCC’s decision to allow the ship to be towed was taken owing to concerns regarding the safety of the ship in the face of the approaching of the North- East monsoon, Navy Spokesman Captain Indika De Silva stated.
“The North-East monsoon creates rough seas in both the Indian Ocean and the Arabian Sea. The ship sustained extensive damage due to the fire onboard and there was concern that we may not be able to keep it safe,” Captain De Silva said.
He added that it would take between 1 ½ to 2 months for the ship to make its way to its final destination of Fujairah, United Arab Emirates (UAE) in its present state. “The risk of keeping the vessel in our waters through the monsoon was far too great,” he further said.
As of yesterday, the vessel was sailing in Maldivian waters accompanied by Indian Coast Guard vessels equipped with pollution response equipment. Sri Lankan Navy vessels accompanied the tanker through the country’s Exclusive Economic Zone and then the country’s Search and Rescue Region before handing the vessel over to the Indian Coast Guard and turning back earlier this week, the navy noted.
Meanwhile, the MEPA Chairperson noted that no guarantee had been obtained from the owners with regards to the upcoming environmental damage claim. MEPA was in the middle of discussions with the owners when the ship was towed away. Should the relevant parties fail to comply, Ms. Lahandapura cited that legal action via a civil claim under the Civil Liability Convention would be in the works. "However, we hope it doesn't come to that," she added. The payments received so far were made by the Singaporean salvor and the P and L club of London.
A figure of Rs. 390 million was compensated by the salvage company for the ship's salvage expenses incurred. Another Rs.51 million was paid for the oil pollution prevention and response activities of MEPA, by the P and L club of the ship, a payment that came from London.
Meanwhile four dead baby whales and a turtle had washed up on the shores of Arugam Bay and ongoing tests indicate that the deaths maybe related to the oil spill.
The samples collected will be sent to the Government Analyst and the Veterinary Department of the University of Peradeniya to be analysed for toxicity and histopathology.
The environmental damage caused will be quantified by mid-next week in line with the collective research of NARA and the MEPA. The cost of restoration will be included in this figure too.
Meanwhile, on Thursday, Attorney General Dappula de Livera indicted the Greek Captain of MT New Diamond, Sterio Ilias, on charges of oil spill and failure to report an oil spill.
The indictments were filed in the Colombo High Court under Sections 26 and 38 of the Marine Environmental Protection Authority Act. Earl i e r, the Colombo Magistrate’s Court imposed a travel ban on Capt. Ilias, after rejecting a request by the AG to remand him.