The Fiji Development Bank has been ordered to pay a fine of $100,000 within 14 days for not complying with the ‘Removal Order’ of a derelict from the Suva Harbour.
The Court heard that Under sections 27(5) of the Sea Ports Management Act 2005, FDB, as the sunken vessel owner, failed to comply with the Removal Order 2010.
The matter was called before Puisne Judge Justice Vishwa Sharma last Thursday where he stated that the MV Tunatuki which FDB owns is causing environmental damage and is a hazard to other port users and navigations.
He said the fact of the matter, was 14 years ago… was sighted half submerged within the vicinity of the North Anchorage and subsequently sank.
“Under section 27 of the Sea Ports Management Act 2005, the Board of Directors approved the CEO to order the removal of the vessel from the port…. The Bank took no actions, although FDB sought for the extension of time on a couple of occasions and again failed to comply with the respective order of removal.”
Justice Sharma said whilst failing to comply with the Removal Order of the vessel from the port, FDB (defendant) has committed an offence under the Sea Port Management Act 2005 and per section 27(5) of the Sea Port Management Act 2005 and is liable upon conviction and a fine.
He said the vessel still sits submerged and sunk in the Suva Port boundary since 2010 and has not been removed by FDB on a couple of occasions, sought an extension of time to make arrangements with Japtec to remove the vessel.
Order
The defendant to pay all costs incurred by the Plaintiff (Fiji Ports Corporation) until the complete removal of the vessel from the Suva Port;
Any damages caused to the environment and its surroundings by the vessel are to be paid to the plaintiff by the defendant.
The defendant is also ordered to pay a fine of $100,000 within 14 days and the Bank is ordered to pay the plaintiff any interests accrued and costs summarily assessed at $20,000.
