Supreme Court to consider whether foreigners are immune to NT law once overseas

An oil spill in Darwin Harbour has raised serious questions about whether foreigners who commit summary offences in the NT are immune from prosecution after they leave the county.

An oil spill in Darwin Harbour has exposed a potential loophole in NT law.

THE Supreme Court will likely consider whether foreigners who commit summary offences in the NT are effectively immune from prosecution once they return overseas after a Local Court judge indicated he would refer the question to the higher court.

The Department of Environment and Natural Resources has been pursuing Greek shipping company Ocean Shipmanagement over a large oil spill in Darwin Harbour in 2016 but has been bogged down for more than three years due to legal technicalities.

In February this year, the government passed amendments to the Marine Pollution Act, aimed at limiting the ability of suspected polluters to avoid prosecution.

But in a hearing in the Darwin Local Court on Wednesday, judge John Neill said he was “very concerned” that the court had no power under current law to issue summonses to individuals or companies overseas under any circumstances, pointing to a potential wider loophole.

Australian Marine Conservation Society marine campaign manager, Adele Pedder, said while it was disappointing to see the case drag on so long, she was pleased at the prospect of it being escalated to the higher court.

“It’s almost fours years later and we’re yet to see justice served,” she said.

“The judge’s comments today indicate he has a clear understanding of the gravity of this case.

“With increased shipping and industrial activity in the harbour we unfortunately may face another such toxic spill.

“The laws have been tightened with the passage of the Marine Pollution Legislation Amendment Act through parliament last week meaning that our waters will be better protected.”

Rather than ruling on the matter on Wednesday, Mr Neill indicated he intended to refer the question to the Supreme Court following a further hearing on March 20.