Government has three months to find shipmaster allegedly responsible for oil spill

THE NT government has one last chance to track down an international shipmaster and shipping company allegedly responsible for causing an oil spill in the Darwin Harbour

The company is alleged to have caused a 30-km oil spill in the Darwin Harbour.

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The NT government has one last chance to track down a shipmaster for a foreign shipping company allegedly responsible for causing an oil spill in the Darwin Harbour in 2016, or will likely have their case against him and the company thrown out of court.

The Department of Environment and Natural Resources has been pursuing Greek shipping company Ocean Shipmanagement — and the shipmaster — over the 30km-long spill, but has found they are unable to prosecute alleged offenders once they leave the country.

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The matter has been bouncing around the NT courts for four years, with Local Court Judge John Neill referring the matter to the NT Supreme Court for guidance.

The Supreme Court ruled in June that current legislation did not provide power for alleged offenders to be summonsed back to the NT to be prosecuted. The company and shipmaster have been charged with offences under the NT’s Marine Pollution Act.

Department lawyer Michelle Taylor appeared in the Darwin Local Court on Friday, where she was told by Mr Neill that “these matters are effectively at an end”.

Referring to the Supreme Court decision of Justice Judith Kelly, Mr Neill said the NT or commonwealth legislation would have to be changed in order to continue pursuing criminal action.

“Until that is cured by some legislative change, we cannot take further action,” he said.

“If there’s no change to the legislation — either locally or by the commonwealth on the horizon — then ultimately the proceedings will have to be withdrawn or dismissed.”

The NT government has one last chance to track down a shipmaster for a foreign shipping company allegedly responsible for causing an oil spill in the Darwin Harbour in 2016.

However, Ms Taylor said the department was “making inroads” to tracking down the shipmaster — a Philippines resident whose whereabouts was previously unknown. “We have his address, we have contact details for him,” Ms Taylor told the court.

“Given he is a master involved in international trade, it is possible he will return to the jurisdiction of Australia.”

Mr Neill gave the department three months to track down the shipmaster and get him to come back.

“Unless your client is able to come up with something which positively suggests the master will in fact be returning to Australia … the mere possibility, that won’t suffice,” he said.

“Then it’s pie in the sky, so either you will have to withdraw the matter or the court will dismiss it.”

It comes after the NT government in February passed amendments to the Marine Pollution Act, aimed at limiting the ability of suspected polluters to avoid prosecution.

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A spokesman from the Department of Environment and Natural Resources said that legislation change was “aimed at addressing some of the matters this particular case has raised”.

“We cannot provide any further comment as the matter has not been finalised,” the spokesman said.

The matter will return to court on November 13.