Following highly publicised recent incidents involving oil discharges and reef groundings, the Queensland government has drastically increased maximum penalties for marine pollution, and the Queensland courts are imposing greater fines than previously seen for navigational offences in the Great Barrier Reef Marine Park.
The maximum penalties for discharge of oil or noxious liquid substances or harmful substances in Queensland waters have risen from $1.75 million to $10 million for corporations and from $350,000 to $500,000 for individuals. The offences are of strict liability (ie fault or negligence is not required) although there are limited defences available in some circumstances.
The government has said that these tough penalties are designed to 'send a clear warning' to shipping companies that breaches of marine pollution laws will not be tolerated.
As many readers would know, except in an emergency or with special permission, it is an offence to navigate a ship through a restricted zone of the Marine Park, even unintentionally.
In a recent prosecution, the master and two watchkeeping officers of a vessel were prosecuted because the vessel transited two restricted zones of the Marine Park. The master and both of the officers were fined $70,000 (total $210,000).
These fines were a fourfold increase on fines previously imposed for similar past infringements. The penalty hearing occurred against the backdrop of antagonistic public sentiment towards shipping in the Great Barrier Reef Marine Park following an unrelated grounding and oil pollution incident.
Prosecuting authorities will now allege that the most recent fines form the new benchmark for fines in future.
It is imperative that voyage planning in the Great Barrier Reef take into account the restrictions on movement in that region and that any charts and passage planning guidelines are regularly updated.
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