Australia could insist on Reef pilotage
It is within Australia’s power to insist that ports apply compulsory pilotage to vessels transiting the Great Barrier Reef without compromising the legitimate rights of innocent passage, a conservation group has said.
Further, it may be in its capacity to deny ships without pilots access to ports in the region.
This comes in response to concerns over the recent grounding of the Shen Neng 1. The Chinese-registered bulk carrier digressed from its route and crashed into the reef on April 3, spilling around two tonnes of fuel oil and leaving a deep scar in a coral shoal. It took a further two months to refloat the ship and remove it.
While Australia “is not out to hamper foreign vessels engaged in innocent passage, there is no bar to the coastal State (Australia) applying its laws and regulations to ships engaged in innocent passage through the territorial sea”, said international law of the sea expert Professor Don Rothwell, who was asked for advice by the Australian Conservation Foundation (ACF).
Following the report of the grounding, the Australian government has proposed an extension of the mandatory Ship Reporting System, effectively enclosing all of the major shipping channels adjacent to the port of Gladstone within the reporting zone, including the waters adjacent to Douglas Shoal.
However, the ACF has, through the advice of Prof Rothwell, suggested that actions could go much further.
He explained: “There is a basis under Australian law to make navigation through a compulsory pilotage area without a pilot an offence under both the Navigation Act 1912, and the Transport Operations (Marine Safety) Act 1994.” From here it is a short step to tweak the Navigation Act to stop ships without pilots from entering ports in the vicinity of the Great Barrier Reef.
ACF executive director Don Henry welcomed the legal opinion and urged state and federal governments to act now to prevent further ship groundings.
“Let’s not pretend we are powerless to stop incidents like the grounding of the Shen Neng 1,” Mr Henry said, urging the Federal and Queensland governments to re-examine the issue of pilotage for all ships that that travel through the Great Barrier Reef and make a requirement that ships use routes outside the Great Barrier Reef wherever possible.
David Jacobs of CWA International, Marine Department told Port Strategy he is surprised that it has taken so long for the Australian government to put such regulations in place. “It’s a necessary step, especially since modern ships are large and able to move at speeds up to 25 knots.” However, he added there might be a fly in the ointment in that he doubts there will be enough people to take on all the extra pilotage. “I suspect there won’t be enough experienced pilots within the region, so the Authorities may have to look at bringing in foreign help should this go forward,” he said.
