SHIPOWNER CSL Australia has escaped with a modest fine and a conviction in the Devonport Magistrates Court following charges brought after the infamous collision of the coastal cement carrier Goliath with two TasPorts tugs on 28 January 2022.
On 21 April this year CSL Australia was charged with unlawfully causing serious environmental harm and causing environmental nuisance. The prosecution alleged the crash caused the tugs to sink and release hydrocarbons into the Mersey River.
It was also alleged that the release of hydrocarbon pollutants into the river unreasonably interfered with, or was likely to interfere with, a person's enjoyment of the environment. The matter was adjourned to a plea hearing on 9 June, but was not heard until 24 July when CSL pleaded guilty to downgraded charges.
No-one was injured in the incident but the tugs Campbell Cove and York Cove were CTLs and were removed to Brisbane for demolition after a seven-month salvage operation.
The Australian Transport Safety Bureau investigation found that, in the process of a transfer of manoeuvring controls from Goliath’s bridge to the bridge wing, the correct steering mode was not selected. Consequently, control of the ship’s rudders remained at the wheel, inside the ship’s wheelhouse, while the master attempted to manoeuvre the ship in the swing basin using the bridge wing VecTwin joystick panel.
Goliath’s speed increased and it T-boned the tugs, which were moored abreast.
TasPorts, as owners of the assets, incurred costs of approximately $23 million, with around $17m of these costs incurred in the removal of the two wrecks and their fuel. CSL submitted that it was entitled to limit liability to approximately $15.7m, a claim originally accepted by courts but overturned by the Full Federal Court of Australia in April last year. CSL then lodged an appeal with the High Court, which was rejected in May this year.
On 24 July CSL Australia entered a plea of guilty to the charge of causing an environmental nuisance, while the charge of causing serious environmental harm was dropped on the condition the company pleaded guilty to the lesser charge which carried a maximum fine of $21,000.
At the time Magistrate Duncan Fairley said he would consider whether to increase the fine but record no conviction against CSL Australia.
In bringing down his decision last week Mr Fairley imposed a $7000 fine on the company and ordered that a conviction be recorded.
“It's fortunate the outcome was not far worse,” Mr Fairley said. He said factors he took into account in determining the fine were CSL Australia's otherwise exemplary record in Tasmania and its behaviour since the incident.
Mr Fairley said the company had already paid $1.75 million plus interest to Tasmania's Environment Protection Authority.
DCN has sought comment from CSL Australia.