Foreign cruise ship Caledonian Sky reaches in-principle agreement to be allowed to dock in Darwin

A TOUR company has reached an in-principle agreement with the Federal Government over a bid to allow a foreign cruise ship to dock in Darwin

The foreign, boutique cruise ship MS Caledonian Sky pictured in Darwin Harbour. Picture: Che Chorley

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A TOUR company has reached an in-principle agreement with the Federal Government over a bid to allow a foreign cruise ship to dock in Darwin.

Australia Pacific Touring took legal action in the Federal Court to allow the boutique cruise ship the MS Caledonian Sky to dock at the Darwin port.

The company argued a determination made last month by Federal Health Minister Greg Hunt that all foreign-flagged vessels leave Australian waters as soon as practicable was invalid.

Concerns had been raised that if the court had ruled in APT’s favour, it could open the door for other cruise ships off the Australian coast to dock at Australian ports during the coronavirus crisis.

The MS Caledonian Sky off East Point ... a tour company has reached an in-principle agreement with the Federal Government over a bid to allow the foreign cruise ship to dock in Darwin. Picture: Che Chorley

But during a brief Federal Court hearing today, counsel for the Commonwealth Jeremy Kirk SC, said the Government and APT had reached an in-principle agreement.

A settlement between the parties would avoid the need for the Federal Court to rule on the matter and avoid a precedent that could affect other cruise ships.

Details of the settlement were not made public at the hearing, but Justice Angus Stewart said it was highly encouraging the matter would be settled.

“This case seems to be one where there’s certainly some argument to be made for an exception (to the Minister’s determination),” he said.

“As a leading member of the International Committee of Nations, Australia should be able to find a just and humanitarian solution for this vessel.”

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The Bahamas-flagged cruise ship is carrying 68 crew members but no passengers. It’s understood none of the crew have symptoms of coronavirus.

The ship has been without a port since it left Port Moresby in Papua New Guinea on March 15.

The MS Caledonian Sky had docked at Port Moresby on February 27, where its passengers disembarked. But the ship had been forced to leave on March 15 due to concerns over civil unrest.

It was given permission to enter Australian waters on March 18 and cruised into Darwin Harbour where it has been anchored ever since.

But on April 4 it was ordered to leave Australian waters, prompting APT to take the Federal Court action.

The matter has been listed for a further hearing on Friday should a final resolution not be reached.

An undertaking that Australian Border Force not move the ship on has been extended until 5pm next Tuesday.

Health Minister Natasha Fyles said the NT Government was monitoring the case.

“We have said the whole time that it needs to go to its home port, it’s not welcome here in the Territory,” she said.

“Our job is to protect Territorians but we of course will look at any decision that’s been made by the court and no matter where a vessel is in the world we would expect if there is an emergency or humanitarian aspect for that to be dealt with.”