Australian Maritime Law Update: 2008

Abstract:     
This survey of recent developments includes reports updating continuing controversies regarding foreign poaching in Australian fisheries and whaling in the Southern Ocean, as well as significant changes to Australian policy and procedure regarding illegal immigration by sea. Among the cases reported are Livestock Transport & Trading v. Australian Maritime Safety Authority, in which the Federal Court of Appeals held that the agency had overstepped its bounds when it ordered a foreign vessel with a MARPOL sewage certificate not to load sheep in an Australian port without first improving her sewage containment systems; Tai Shing Maritime Co. SA v. The Samsun Veritas, in which the Federal Court ordered an arrested ship to a new berth that could only be reached by sailing outside territorial waters; and Beluga Shipping GmbH & Co. KS v. Headway Shipping Ltd, in which the Federal Court refused to allowed cargo to be released by the marshal to its shipper/consignee without the bill of lading. Among legislative developments reported are amendments to the Offshore Petroleum Act 2006 providing for a system of offshore titles that will allow the transportation by pipeline and injection and storage of greenhouse gas substances in deep geological formations under the seabed and The Protection of the Sea (Civil Liability for Bunker Oil Pollution, Damage) Act 2008, giving effect to the Bunkers Convention.

Keywords: poaching, whaling, fisheries, boat people, immigrants, Christmas Island, seabed, bunkers, pollution, arrest, jurisdiction, admiralty, marshal, live animals, cattle boat

JEL Classification: H59, K23, K33, K42, L41, L42, L71, L72, L92, L98, Q48

Accepted Paper Series