OIL IN HARBOUR

Evening Post, Volume CXI, Issue 68, 21 March 1931, Page 6

OIL IN HARBOUR

ACCIDENT ON TANKER

LEAKAGE THROUGH SCUPPER

The muster of Iho tanker Athel({uenn, berthed ;it Miramar, wai charged in the Magistrate's Court yesterday with allowing oil to esca.po into llio harbour. Sir. E. Page, ■S.M., presided. Captain. W. LanceiieVl, for whom Mr. Watson appeared, pleaded not guilty, anrl after evidence, had been heard Mr. Page said lie would like time (o consider Ilic Oil in. Territorial Waters Act, 3920; under -which.' the charge was made. Ho reserved .judgment, but* intimated that if the defendant was lined the amount would not be a, considerable one. Outlining the circumstances tiiat lent up to the charge, Mr. J. F. B. Stepheuson, who appeared for the Wellington Harbour Board, said that when, the Athclquccn was discharging at Miramar Wharf on Thursday an oil barrel i'eil on a pipe valve and cracked it, allowing fuel oil to escape at high pressure. About one ton, escaped through a scupper hole into the harbour. The offence was regarded as a serious one, as the oil got on to the beaches and. into the Boat Harbour. Escaped oil had on one occasion got into the powerhouse at Evans Bay. The captain on. arriving at Wellington had been served with a notice to the effect that proper precautions must be taken to prevent oil escaping into the harbour. Tim charge was laid down, under section :$ of the Act, which provided 1 hat if nnv oil was discharged or allowed to oscap'a from a' vessel the captain was liable. In this case (hero was .negligence, as it was dangerous to discharge oil near scuppers which were not effectively blocked up. . Mr. L. Fox, wharfinger at M.iram.-ir, said jhafc the scupper from Which the oil escaped was blocked from the outside with a wooden wedge, and without thu use of scrim packing. In most cases plugs were put in from the inside, but in this instance it was impossible to do so, as' there was a wooden deckhouso over it. Had the plug not received the full pressure of the oil th» escape might not have occurred. Cross-examined.by Mr. Watson, witness said that in his ovyinion every precaution had been taken. The plug would have stopped any ordinary seepage of oil, and it was only the heavy pressure that caused it to give way. Witness examined tho plugs round the ship before the accident in. tho course of hi* regular duty, and ho ' considered 'them satisfactory. •■•-■•_ Captain W. M'Leod said that when ha arrived at Miramar at 9 a.m. tho decks of the Athelqueeu were well flooded with oil, but the plug had been replaced and was not then leaking. In hrs opinion no oil would have escaped if tho scupper had been blocked on the inside with cement. In his evidence Captain Laneeficld said tho Athelqueen was discharging; fuel oil into tho tanks on shore. Simultaneously drums of oil were being moved aft from one of the forward holds. This operation necessitated the use of a derrick. A GO-gallon drum was suspended in mid-air when tho ropa suddenly ran back, causing the. barrel to strike the oil valve. Mr. Watson submitted that 'on tha evidence there was no breach under the Act, which imposed a maximum penalty of £500 per day. He contended that the words "discharged or allowed to escape" implied the doingof an act over which the defendant had control. ■ In this case it was purely, 'accidental, and the Act could therefore not apply. He did not see how the Harbour Board could bring tho prosecution when its own representative (Mr. Fox) had inspected tho plugs and was satisfied with them. After the accident everything possible was done to clear up the oil. Scrim was placed all round it and the crew was employed to scoop as much of it up as possible. Afterwards sawdust was spread over the oil and then gathered