Suva, Fiji – The Joint Maritime Environment Committee (JMEC) releases this formal update on the oil spill incident involving Lomaiviti Princess II (LP2) in Suva Harbour, highlighting a gross lapse by Goundar Shipping Limited (GSL) that breached Fiji’s maritime safety statutes, environmental protection laws, and common law obligations.
"There are no exemptions when it comes to environmental protection. We will not allow Fiji’s ports and waters to become dumping grounds," said the Minister for Environment and Climate Change, Hon. Mosese Bulitavu.
Incident Background
The oil spill occurred following the submersion of the vessel LP2, which had remained non-operational and in a deteriorated condition at the Suva harbour since 2019. FPCL undertook the emergency relocation of LP2 after GSL failed to act on the removal orders issued. FPCL had sent formal directives for removal due to concerns over maritime safety and risks posed by LP2 to other port users.
On 2 June, following reports that LP2 was listing, FPCL commenced towing the vessel to the anchorage to prevent a catastrophic situation of the vessel capsizing at Muaiwalu II Wharf. As this is a standard vessel towage procedure, FPCL notified MSAF and Police of the need for immediate relocation as the vessel was structurally compromised. FPCL’s action was conducted under the authority of Regulation 78 of the Sea Ports Management Regulations 2008, which empowers FPCL as the Port Management Company to remove a vessel from its berth if directions issued are not complied with, or if no person is available to receive such directions, or if there are insufficient competent persons on board to attend to the directions.
Legal Breaches and Negligence by Goundar Shipping Limited
Goundar Shipping Limited violated multiple maritime safety and environmental obligations. First, Section 129 of the Maritime Transport Act 2013 explicitly prohibits any discharge or escape of harmful substances from a ship into Fijian waters. Considering that LP2 had been non-operational since 2019, GSL should have removed and defuelled the vessel.
Furthermore, as per Section 35 of the Environmental Management Act (EMA 2005), facilities must not discharge any waste or pollutant into the environment unless the facility is issued with a permit. Upon investigation, MECC establishes that GSL does not hold a valid waste disposal permit for any of its vessels. This constitutes an unlawful act, considering LP2 was carrying in bulk hazardous substances, which posed detrimental risks to the marine environment. Section 45 of the EMA 2005 attaches serious consequences to such a breach with fines up to 1 million or 3 years imprisonment. It must also be made clear that should GSL argue that they were not aware of their waste disposal permit obligations under EMA 2005, that Section 37 would apply, whereby any damage caused to the environment through discharge of waste or pollutant from the facility, activity or undertaking, the body corporate is liable for remedial actions.
In addition to breaching specific statutes, GSL’s conduct amounts to negligence under common law principles, whereby, as a shipowner, a high duty of care is owed to avoid foreseeable harm to others and the environment. GSL had a legal duty to exercise reasonable care in managing its vessel so as to prevent harm to the marine environment, other port users, and the public. They breached this duty by failing to act on repeated warnings and allowing the fuel-laden vessel to remain neglected. Further, their inaction was the direct and foreseeable cause of the oil spill, which caused tangible and confirmed environmental harm.
Immediate next steps
Recovery and Removal of LP 2
FPCL has been actively pursuing recovery efforts to prevent further spillage, with existing containment booms in place to trap any oil residue. To enhance protection against potential leakage, an additional layer of containment booms will be deployed. FPCL has also commenced discussions with three potential service providers for underwater inspection and removal of any oil/sludge inside the vessel. This process will take approximately 4 to 8 weeks to complete. Concurrently, FPCL will soon be releasing an expression of interest for the removal of the vessel.
Maritime Investigation Initiated
The Hon. Ro Filipe Tuisawau, Minister for Public Works, Meteorological Services and Transport, has directed that a thorough maritime investigation be conducted into the LP2 incident to ascertain the cause of the incident, determine responsibility, and identify any gaps in standard operating procedures.
In line with Section 45 of the Maritime Transport Act 2013, the Chief Executive Officer (CEO) of MSAF is empowered to appoint authorised officers to undertake investigations and enquiries into accidents or mishaps in the public interest. As such, the Ministry, in collaboration with the MSAF, has formally commissioned a technical investigation into the LP2 submersion and subsequent oil spillage, while the Ministry of Environment will concurrently undertake a full chemical analysis of the affected spill area to assess the environmental impact and inform response and remediation strategies.
The Government of Fiji strongly condemns the negligence demonstrated in this case and reaffirms its commitment to upholding maritime integrity, environmental protection, and public accountability. The LP2 incident is a stark reminder that all vessel owners and operators have a non-negotiable duty of care to the people, marine life, and ports of Fiji. Breaches of this duty, whether by omission, neglect, or refusal to comply with lawful directions, will result in legal actions.