Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Ryan v Bhardwaj

Country/Territory
Samoa
Type of court
National - higher court
Date
Dec 13, 1999
Source
UNEP, InforMEA
Court name
Supreme Court
Seat of court
Apia
Judge
WILSON
Language
English
Subject
Waste & hazardous substances, Sea
Keyword
Resource/damage valuation
Abstract

The case was initiated after a vessel anchored in Apia Harbour spilled around 86.65 metric tonnes of Dual Purpose Kerosene into the harbour. The Samoa Ports Authority and other port authorities were immediately informed of the spillage and the spillage was stopped.

The Court established that an oil spill of this kind could have enormous implications for the port, associated waterways and for the environment as a whole. Moreover, the different authorities and the Government departments had large expenses as a result of the oil spills, including for investigation, clean-up, administration, field inspections etc.

The defendants (the Master and the Owner of the vessel) were charged with the offence of throwing, discharging or depositing into the waters of Apia Port a harmful substance, or marine pollution. Strict responsibility is applied for this kind of offence, thus it did not matter that the defendants were unaware of the offence being committed.

The Court then concluded that the defendants were guilty and had liability for the expenses connected to removing, cleaning up or dispersing the harmful substance. The other expenses were not covered by the liability.

Full text
Ryan v Bhardwaj.pdf