Torres Strait feud set aside in push for better marine services

After locking horns in a $66m court battle a shipping firm and council have teamed up to advocate for better marine services but future action to recover fees has not been ruled out.

Aerial view of Masig or Yorke Island in the Torres Strait.

After locking horns in a fiery court battle a Torres Strait shipping firm and a Far North council have teamed up to advocate for better services, but future court action to recover alleged unpaid landing fees has not been ruled out.

In 2022 Torres Strait Island Regional Council pursued Sea Swift through the Supreme Court to recover $66m from Sea Swift in what was alleged to be unpaid fees incurred while delivering goods to a series of remote Torres Strait Islands.

Masig Island in the Torres Strait is located 140km northeast of the Tip of Cape York. Picture: Sea Swift

In July last year the court encouraged the parties to mediate and reach a commercial settlement and this week council and Sea Swift announced a partnership to advocate for improved marine infrastructure in the Torres Strait.

A recent 100 tonne build-up of wet sand at Masig Island boat ramp prevented vessel landings and deliveries of essential supplies on February 9 and 10.

This event was the catalyst that led the two groups to announce the petitioning of state and commonwealth governments seeking financial support to bring about upgrades of ageing marine assets such as ramps, jetties, and channels.

“Teams at both TSIRC and Sea Swift should be congratulated for the mammoth effort it took to finally provide for the Masig Island community at this time,” Sea Swift managing director Chris Pearce said.

Torres Strait Island Regional Council and Sea Swift have come together to advocate for better marine services in the Torres Strait.

“Sea Swift will continue to work closely with the council to ensure all communities and locations in the Torres Strait have ongoing food and supply security this wet season,” Sea Swift managing director Chris Pearce.

“We want to work together with all stakeholders towards continual improvements to vital infrastructure which underpin critical services to this important region.”

TSIRC chief executive officer James William, while noting a “fresh approach” would help to overcome significant challenges posed by run down facilities, further court action was not ruled out.

“We are resolving these issues amicably as (Supreme Court justice Peter) Applegarth suggested is exactly what TSIRC and Sea Swift are doing,” he said.

The jetty and boat ramp at Masig Island that was covered in 100 tonnes of sand earlier this month. Picture: Sea Swift

“Both TSIRC and Sea Swift hope we can resolve (the issue) without having to resort to anything like a trial.

“We have not abandoned anything but we have taken a very mature approach.”

Supreme Court justice Peter Applegarth in a judgment last year found fees to be an “extraordinarily large demand” on Sea Swift based on “unrealistic, hypothetical maximum use figures that vastly exceed council’s detailed analysis of (the company’s) actual use.”

He said the main issue for the court to decide was whether the Local Government Act authorised charging of fees.

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Originally published as Torres Strait feud set aside in push for better marine services