MAY 2009

IN THIS ISSUE

Please Select an Article to Read

• Climate change - Australia’s carbon emissions trading scheme
• New law to force personal business freight rates to be quoted ‘all in’
• New Australian Guidelines for the issue of Coasting Trade Licences & Permits
• Anti-fouling paints
• Ship arrest in Australia - a straightforward way to secure Maritime claims
• A move towards borderless trucking regulation
• Australia and New Zealand close the gap on legal process
• Timely reminder of obligations when a pollution discharge occurs
• Limitation of Liability in Maritime Claims

 

Anti-fouling paints

The International Convention on the Control of Harmful Anti-Fouling Systems on Ships 2001 (HAFS Convention) has now entered into force internationally, including for Australia. The HAFS Convention is given effect in Australia by the Protection of the Sea (Harmful Anti-Fouling Systems) Act 2006 and, Marine Orders Part 98.

The HAFS Convention provides that all ships of 400 gross tonnes and above shall not apply or re-apply organotin compounds which act as biocides in anti-fouling systems. By 1 January 2008 (effective date), ships either:

• shall not bear such compounds on their hulls or external parts and surface; or
• shall bear a coating that forms a barrier to such compounds leaching into the water.

The International Convention for Bunker Oil Pollution liability

The International Convention on Civil Liability for Bunker Oil Pollution Damage 2001 (Bunkers Convention) entered into force internationally on 21 November 2008. The Bunkers Convention provides for ship owners to be strictly liable for fuel oil spills and requires them to carry compulsory insurance to cover any pollution damage following a fuel oil spill.

The Australian legislation implementing the Bunker Convention is the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Act 2008 and the Protection of the Sea (Civil Liability for Bunker Oil Pollution Damage) Consequential Amendments Act 2008.

 

Written by Anthony Highfield, Partner