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Sayurusara 2020 December 19
loss to the country. The Port of Trincomalee said to onboard as there was no opportunity to conduct
be the second largest; natural harbour in the world comprehensive inquiry mainly due to exigency
and any damage within the harbour would disable and doubts on legal authority for such. The captain
harbour functions over long period creating huge of the tanker himself once accepted that he could
economic loss. Besides the natural beauty of the not broadcast the necessary Distress Signal as
harbour and the entire eastern coast would also per SOLAS and SAR convention guidelines. Yet, it
be at stake. The Trincomalee port’s anchorage could be viewed in the context of exceptionally
is exposed to heavy seas and swell during North grievous circumstances faced by the Master and
East monsoon which expected to commence Crew due to sudden explosion which also affected
in November and the absence of self-propelled the bridge. Meanwhile, it is noticed that this crew
machinery demands additional protection. The could not move out from the ship for more than 7
Government of Sri Lanka (GOSL) neither ratified months due to Covid 19 restrictions imposed by
the IMO Salvage Convention 89 nor has made local the ports and therefore we can suspect that they
legislation to deal with casualty ships. Therefore, were under stress too.
the GOSL has no provisions to claim on the incident
except winning a rare case through customary Out of all we need to accept that, as a
international law even if the vessel is brought to the country, we were not ready for such a catastrophe.
Trincomalee harbor. The type of crude oil onboard There were many knowledge gaps in handling such
New Diamond cannot be purified in SL and selling a situation mainly due to less experience. Most of
it also would be an additional burden. The GOSL the decisions taken during the process included
is responsible for the vessel thus the owner or legal actions which had to be changed/revised due
the Salvor's liability will only be confined to any to many ambiguities. We have identified some key
agreements or port dues. Anticipated income from resource personnel in Sri Lanka from government
providing port facility is considered negligible and private sectors for handling such a matter
when compared to expected economic loss and favorably, though the author feels, it could not
environmental damage due to an unexpected properly materialized due to lack of coordination
catastrophic incident. The arguments of economic and common goal. Even though, the lack of
benefits stand very less as the cargo owner will resources highlighted as a factor, maintaining of
bring cheap labour skill enough to handle this Ship state-of-the art assets used for this type of damage
to Ship Transfer (SST). The equipment to effect control operations to be concerned against their
such also will have to be brought in from external cost. The utility of them is not economical for a
sources as such is not available in Sri Lanka. Once small country like Sri Lanka, given the fact that
the refugee status is given at the Trincomalee port, such occurrences are rare in island’s waters.
there is a possibility of buying time by ship owner
indicating various reasons to divert the attention Above all, we have faced and got rid
on the vessel. Sri Lanka has ‘experience of an of possibly the world’s second largest oil spill
incident of similar nature on which the vessel sank disaster. We didn’t lose anything but received a
(MV Thermopylae Sierra) at Panadura anchorage sum of nearly Rs. 454 million as compensations,
causing considerable maritime pollution in the fines and reimbursement for what we have spent.
year 2012. Diplomatic pressure is highly likely to We have gained practical experiences of SAR and
happen sometimes with sanctions as the parties salvage operations out at sea, identified our lapses,
involved are powerful states. In addition, arising of loopholes in law and identified key personalities
social unrest also possible due to different schools and institutes for future coordination and groomed
of opinions. up for better reacting next similar calamity. So, the
MT New Diamond; a blessing in disguise.
Finally, GOSL satisfied with what the ship
owners agreed and release them giving more The author’s take away from this study is:
concern to avoid possible oil spill disaster and The decisions made taking calculated risk provides
get rid of this issue soon as possible whilst paying more gains, but it demands confidence; confidence
attention to the adverse weather condition. needs knowledge and the experience. Importantly,
Still we don’t know what actually has happened we need right person for the right place at the
right time. Hence, ....
LCdr (G) Duminda Dayananda, RSP, MEng (NWST), BNS, Dip in IR
NRX 1884
Officer in Command - L 821
loss to the country. The Port of Trincomalee said to onboard as there was no opportunity to conduct
be the second largest; natural harbour in the world comprehensive inquiry mainly due to exigency
and any damage within the harbour would disable and doubts on legal authority for such. The captain
harbour functions over long period creating huge of the tanker himself once accepted that he could
economic loss. Besides the natural beauty of the not broadcast the necessary Distress Signal as
harbour and the entire eastern coast would also per SOLAS and SAR convention guidelines. Yet, it
be at stake. The Trincomalee port’s anchorage could be viewed in the context of exceptionally
is exposed to heavy seas and swell during North grievous circumstances faced by the Master and
East monsoon which expected to commence Crew due to sudden explosion which also affected
in November and the absence of self-propelled the bridge. Meanwhile, it is noticed that this crew
machinery demands additional protection. The could not move out from the ship for more than 7
Government of Sri Lanka (GOSL) neither ratified months due to Covid 19 restrictions imposed by
the IMO Salvage Convention 89 nor has made local the ports and therefore we can suspect that they
legislation to deal with casualty ships. Therefore, were under stress too.
the GOSL has no provisions to claim on the incident
except winning a rare case through customary Out of all we need to accept that, as a
international law even if the vessel is brought to the country, we were not ready for such a catastrophe.
Trincomalee harbor. The type of crude oil onboard There were many knowledge gaps in handling such
New Diamond cannot be purified in SL and selling a situation mainly due to less experience. Most of
it also would be an additional burden. The GOSL the decisions taken during the process included
is responsible for the vessel thus the owner or legal actions which had to be changed/revised due
the Salvor's liability will only be confined to any to many ambiguities. We have identified some key
agreements or port dues. Anticipated income from resource personnel in Sri Lanka from government
providing port facility is considered negligible and private sectors for handling such a matter
when compared to expected economic loss and favorably, though the author feels, it could not
environmental damage due to an unexpected properly materialized due to lack of coordination
catastrophic incident. The arguments of economic and common goal. Even though, the lack of
benefits stand very less as the cargo owner will resources highlighted as a factor, maintaining of
bring cheap labour skill enough to handle this Ship state-of-the art assets used for this type of damage
to Ship Transfer (SST). The equipment to effect control operations to be concerned against their
such also will have to be brought in from external cost. The utility of them is not economical for a
sources as such is not available in Sri Lanka. Once small country like Sri Lanka, given the fact that
the refugee status is given at the Trincomalee port, such occurrences are rare in island’s waters.
there is a possibility of buying time by ship owner
indicating various reasons to divert the attention Above all, we have faced and got rid
on the vessel. Sri Lanka has ‘experience of an of possibly the world’s second largest oil spill
incident of similar nature on which the vessel sank disaster. We didn’t lose anything but received a
(MV Thermopylae Sierra) at Panadura anchorage sum of nearly Rs. 454 million as compensations,
causing considerable maritime pollution in the fines and reimbursement for what we have spent.
year 2012. Diplomatic pressure is highly likely to We have gained practical experiences of SAR and
happen sometimes with sanctions as the parties salvage operations out at sea, identified our lapses,
involved are powerful states. In addition, arising of loopholes in law and identified key personalities
social unrest also possible due to different schools and institutes for future coordination and groomed
of opinions. up for better reacting next similar calamity. So, the
MT New Diamond; a blessing in disguise.
Finally, GOSL satisfied with what the ship
owners agreed and release them giving more The author’s take away from this study is:
concern to avoid possible oil spill disaster and The decisions made taking calculated risk provides
get rid of this issue soon as possible whilst paying more gains, but it demands confidence; confidence
attention to the adverse weather condition. needs knowledge and the experience. Importantly,
Still we don’t know what actually has happened we need right person for the right place at the
right time. Hence, ....
LCdr (G) Duminda Dayananda, RSP, MEng (NWST), BNS, Dip in IR
NRX 1884
Officer in Command - L 821
