Ports of Refuge - MLAANZ€¦ · She needs to put in to a port of refuge to re-stow the cargo. ... • Distances to possible ports of refuge ... port to accept a vessel in distress

Ports of Refuge

MLAANZ 2012Willum Richards

Willum Richards Consulting Limited

Possible scenarios

• A log carriers’ cargo shifts in heavy weather resulting in the

vessel taking on a dangerous list. She needs to put in to a port

of refuge to re-stow the cargo.

• Dangerous cargo on board a vessel starts to

spontaneously heat and the vessels systems spontaneously heat and the vessels systems

are not capable of dealing with it. She needs

to put in to a port of refuge to deal with the

issue or risk explosion / sinking / loss of life.

4/11/2011 Willum Richards Consulting Limited2

The “Prestige”

On November 13th, 2002 the single-hulled tanker, “Prestige” was carrying

77,000 MT of heavy fuel oil. 77,000 MT of heavy fuel oil.

In a storm off the coast of northern Spain, one of her cargo tanks ruptured

and the Captain sought help from the Spanish to bring the vessel in. This was

refused and the vessel sailed for France.

The French turned her away as well fearing damage to their beaches and she

had no choice but to head to Portugal.

The Portuguese navy were sent out to intercept the vessel and prevent it

coming too close to their shoreline.


The “Prestige”

The vessel sank at sea on 19th November

slowly releasing around 60,000 MT of its oil

into the sea which ended up on the Spanish

Coast. It was eventually necessary to try and

pump the rest out using ROVs.

The whole clean-up is estimated to have cost

around Euro 2.5 billion (“Exxon Valdez” by


around Euro 2.5 billion (“Exxon Valdez” by

contrast was around US$ 3.0 billion).

Severe criticism was levelled at the Spanish,

French and Portugese authorities for taking

their “NIMBY” attitude which made a bad

situation significantly worse.

“Prestige”

“Had the vessel been afforded a safe refuge,

protected from the wave bending moments and

dynamic forces experienced in the open ocean,

it would have remained intact and afloat for ait would have remained intact and afloat for a

sustained period, certainly long enough to

lighter the oil cargo off the vessel and prepare it

for subsequent repair.”

ABS - “Technical analyses related to the Prestige Casualty on 13 November 2002” [released Feb 28th 2003]


The “Prestige”

“… the international community of nations (should) establish guidelines for the safe

refuge of damaged vessels in order to prevent another damaged vessel becoming

the cause of a regrettable and avoidable pollution event.”

ABS - “Technical analyses related to the Prestige Casualty on 13 November 2002” [released 28 February 2003]


“Adamandas” (2003)

Overheating cargo of DRI (direct reduced

iron) was building up hydrogen and oxygen

in the vessel’s holds and she put in to

Reunion as port of refuge.

Reunion had no facilities to deal with the

problem and provide the inert gases which

would have been required to control the


would have been required to control the

problem.

When owners failed to come up with a

technical solution with a couple of days, the

vessel was taken offshore and sunk by the

French Navy.

IMO Port of Refuge Guidelines

• Issued in December, 2003

• “Ship in need of assistance” means a ship in a situation, apart from one requiring rescue of persons on board, that could give rise to loss of the vessel or an environmental or navigational the vessel or an environmental or navigational hazard.

• “Place of refuge” means a place where a ship in need of assistance can take action to enable it to stabilize its condition and reduce the hazard to navigation and to protect human life and the environment.


IMO Guidelines (Cont’d)

• When there is a such a threat, the Master

should contact the Coastal State Authority

(MNZ). MNZ will then tell them what facilities

are available to assist.are available to assist.


IMO Factors in assessing where to go

• The condition of the ship

• Nature and condition of cargo etc.

• Distances to possible ports of refuge

• Insurance of the ship

• Provision of financial security• Provision of financial security

• Risks– Safety to crew and public

– Pollution

– Environmental areas around

– Fisheries

– Facilities and equipment available

– Weather and sea conditions


Proximity to public – public health /

explosion / fire

Texas City, Texas, (1947).

“Grandcamp” exploded and

set fire to oil storage facility.

Burned for three days and

killed 600 and injured around


killed 600 and injured around

3,500 (still the USAs worst

industrial accident).

Other factors to consider

• Containment of any pollution which does

occur.

– Booms / barriers / drydock

• Worst case scenario – sink vessel – where?• Worst case scenario – sink vessel – where?


Other factors to consider

• Cargo handling equipment available.

– Not all ports can

handle all cargo.

Equipment may only Equipment may only

be able to load

and/or discharge.

– Shore cranes / mobile

cranes / ship’s

equipment

April 2012 Willum Richards Consulting Limited13

Maritime Transport Act, 1994

• Section 100 – ….preservation of lives of the shipwrecked persons or of the ship or

aircraft or of its cargo or equipment…..

– Power to direct people to assist1

– Does not have precedence over harbourmaster2

• Section 248 gives greater powers with regard to a “hazardous • Section 248 gives greater powers with regard to a “hazardous ship”.– “hazardous ship means a ship that is in the internal waters of New Zealand or

New Zealand continental waters and, as a result of a shipping casualty or acts related to such a casualty, is discharging, or is likely to discharge, a harmful substance into the internal waters of New Zealand or New Zealand continental waters or the seabed below them.” (Section 247)

1 Section 100(3a)

2 Section 100 (5a)



Under section 248 the Director can essentially issue orders to

the hazardous ship and requisition any NZ ship but it makes no

mention of requisitioning the use of a port or port facilities.

However, Section 254 (Instructions …. that conflict with other

instructions) states:


instructions) states:

If a harbourmaster or any other person gives……. instructions

(harbourmaster’s instructions) that conflict with instructions

given by the Director ………(Director’s instructions), the

Director’s instructions prevail.


Right to compensation

Only if the action or measure—

(a) was not reasonably necessary—

(i) to protect the marine environment or marine interests from a harmful

substance; or

(ii) to prevent or reduce the risk of a harmful substance being discharged into

the sea; or

(b) was such that the good done by the action or measure, or the good likely to be


(b) was such that the good done by the action or measure, or the good likely to be

done, was disproportionately less than the expense incurred, or the loss or damage

suffered, as a result of that action or that measure.

Civil Defence Emergency Management

Act 2002 Section 4 – Interpretation:

emergency means a situation that—

(a) is the result of any happening, whether natural or otherwise, including, without limitation, any explosion, earthquake, eruption, tsunami, land movement, flood, storm, tornado, cyclone, serious fire, leakage or spillage of any dangerous gas or substance, technological failure, infestation, plague, epidemic, failure of or disruption to an failure, infestation, plague, epidemic, failure of or disruption to an emergency service or a lifeline utility, or actual or imminent attack or warlike act; and

(b) causes or may cause loss of life or injury or illness or distress or in any way endangers the safety of the public or property in New Zealand or any part of New Zealand; and

(c) cannot be dealt with by emergency services, or otherwise requires a significant and co-ordinated response under this Act.



Act 2002

There are two levels of emergency management. Local and National.

• Under section 91(b) the local, Civil Defence Emergency Management Group can “requestEmergency Management Group can “request

any person, either verbally or in writing, to take any action to prevent or limit the extent of the emergency”.

• However, failure to act on the request is not an offence.



Act 2002

The power to requisition (and thereby force a

port to accept a vessel in distress against its will)

can only be exercised under section 90 of the

Act which requires that it “is necessary for the Act which requires that it “is necessary for the

preservation of human life”.

In such a case compensation for the use of the

facility and any resultant loss or damage is

payable.


So what can a port do?

• Letter of undertaking which should:-– Give brief details of the damage and what they intend to do.

– Confirm that they will apply by all laws and that the ship will leave eventually.

– Agree to indemnify the port for all losses, damage, expenses etcwith regard to:-with regard to:-

• Wreck removal

• Pollution clean-up / prevention

• Business interruption / Consequential loss

• Damage to structures, piers etc

– Pay for• Services received,

• Duties fines etc,

• Once the vessel is in the port, the port has little control.


IMO Guidelines

• There is no obligation on the Coastal State to

accept the vessel [but beware the “Prestige”].


Documents

Ports of Refuge - MLAANZ€¦ · She needs to put in to a port of refuge to re-stow the cargo. ... • Distances to possible ports of refuge ... port to accept a vessel in distress