Gladstone Magistrates Court in Queensland, Australia has fined shipping company Universal Shipping Alliance (USAL), owner of the bulk carrier KMAX Leader, a total of AU$63,000 (US$40,000) for failing to comply with an Australian Maritime Safety Authority (AMSA) written direction.
The company has also been ordered to pay court costs.
KMAX Leader, a Liberia-flagged bulk carrier, entered the Port of Gladstone in October 2023 due to propulsion issues. The vessel undertook extensive work in November 2023, but it failed to repair the ship's propulsion.
Concerned with the lack of an effective repair plan, together with cyclone season approaching and the increased risk of a large ship with no propulsion within the Great Barrier Reef region, a written direction notice was issued by AMSA to provide a towage and fault rectification plan.
The captain of KMAX Leader and its Australian agent, USAL, failed to respond to and act on the issued direction, despite repeated requests from AMSA.
After unsuccessful attempts to restore the vessel's propulsion system, KMAX Leader was eventually towed from Australian waters in February 2024 to an overseas port and subsequently banned from Australian waters for a period of six months.
Failure to act on a direction issued by AMSA is a serious violation of the Navigation Act 2012 and carries severe consequences.
"AMSA will consider swift and strong action if issued directions are not acted on promptly and in full," said Michael Drake, AMSA Executive Director for Operations. "This may, in some cases, result in prosecution.
"In this case, with a cyclone bearing down on the port, the consequences of not engaging a towage vessel to move the vessel out of the port could have been catastrophic.
During the 2023-24 financial year, AMSA issued 57 directions to vessels and operators in relation to safety breaches, mechanical deficiencies and maritime labour issues.
A list of vessels issued with Refusal of Access to Australian ports Directions by AMSA can also be found here.