Goundar Shipping Limited (GSL) is facing potential fines of up to $1 million and possible imprisonment penalties following a major oil spill in Suva Harbour, linked to the abandoned sunken Lomaiviti Princess II.
In an update issued yesterday, the Joint Maritime Environment Committee (JMEC) accused the shipping company of gross negligence and multiple breaches of Fiji鈥檚 maritime, environmental, and statutory laws.
鈥淭here are no exemptions when it comes to environmental protection. We will not allow Fiji鈥檚 ports and waters to become dumping grounds,鈥 said Minister for Environment and Climate Change, Mosese Bulitavu.
The incident stems from the recent sinking of Lomaiviti Princess II, a derelict vessel left unattended in Suva Harbour since 2019.
GSL reportedly ignored repeated removal directives, forcing Fiji Ports Corporation Limited (FPCL) to intervene on June 2.
Citing structural risks, FPCL towed the listing vessel to anchorage in a last-ditch effort to prevent a total capsize at Muaiwalu II Wharf.
Legal breaches and penalties
JMEC said GSL鈥檚 failure to defuel and remove the vessel violated Section 129 of the Maritime Transport Act 2013, which prohibits the discharge of harmful substances into Fijian waters.
Worse still, GSL was found to have no valid waste disposal permits for any of its vessels, in direct breach of Section 35 of the Environmental Management Act 2005.
This violation alone carries a maximum penalty of $1 million or up to three years鈥 imprisonment under Section 45 of the Act.
JMEC warned that ignorance of permit requirements would not be a valid defence.
Section 37 of the same Act makes corporate entities strictly liable for environmental harm caused by waste discharges, whether or not permits were in place.
On top of the statutory breaches, GSL鈥檚 conduct may also amount to common law negligence. As shipowners, the company had a duty of care to prevent foreseeable harm to the marine environment and other port users. By allowing a fuel-laden vessel to decay at berth for years, GSL not only breached this duty but caused confirmed environmental damage, JMEC said.
Years of Inaction
Lomaiviti Princess II had been stationary and deteriorating at Suva Harbour since 2019.
Despite formal directives from FPCL, GSL reportedly took no action to remove or secure the vessel. FPCL was forced to act under Regulation 78 of the Sea Ports Management Regulations 2008, which authorises emergency relocation of vessels when owners fail to comply with safety directions.
When contacted yesterday, GSL director George Goundar said: 鈥淭hey鈥檙e all teaming up against me now, but someone needs to ask 鈥 who sank the vessel? They did, not me. Ask them that question. I鈥檓 not going to respond to what they鈥檙e saying.鈥
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