• Authorities gear up for oil spill in rough seas

• 300 MTs bunker oil aboard vessel

• Towing halted after a few hours

• Maritime legal expert lambasts Govt.’s poor judgment

• 584 tonnes of plastic pellet collected from beaches

• Fishing banned from Panadura-Negombo

 By Pamodi Waravita   Following the suspension of the short-lived towing of the MV X-Press Pearl ship due to its stern touching the ocean bed, the authorities are now preparing to face a potential oil spill, The Morning learnt. Speaking to The Morning last evening (2), Sri Lanka Ports Authority (SLPA) Chairman General (Retd.) Daya Ratnayake said that the towing of the ship, which began early last morning, had since been suspended, as half of the ship had sunk. The Sri Lanka Navy (SLN) has also noted that the stern of the ship was going underwater since the night of 1 June. “Navy personnel and salvors are continuing to assess the situation and all the relevant authorities are preparing to minimise the damage that would result from an oil spill. However, the current rough seas pose a challenge when preparing emergency prevention methods,” said Ratnayake. According to SLPA officials, 300 metric tonnes (MTs) of bunker oil were onboard the ship. The SLN previously confirmed to the media that the fire onboard the ship was completely doused. On 1 June, the President’s Media Division (PMD) said that based on advice by experts from various fields including the Attorney General (AG), instructions had been issued by President Gotabaya Rajapaksa to immediately tow the ship into deep waters based on the powers vested with the Marine Environment Protection Authority (MEPA). Accordingly, last morning, the SLN told the media that the towing of the ship had begun, which was followed by its suspension only a few hours later. Speaking to The Morning, maritime lawyer and scholar attached to the International Max Planck Research School for Maritime Affairs, Prof. Dan Malika Gunasekera questioned the authorities’ decision to tow the ship immediately after the fire had been doused and when the authorities knew that it was carrying oil. “They must wait until the ship cools down and take the oil out from the ship through a method known as ship-to-ship transfer where a pipe is connected to remove the oil from the damaged ship. It can also only be towed at a very slow speed. Thus, I am confused as to who gave this advice to tow the ship yesterday morning, especially when, according to what we know, the salvors from the Netherlands have said that their investigations showed that water was coming into the ship even the previous evening,” said Prof. Gunasekera. Responding to these claims, SLPA Chairman Ratnayake said that it was too late to do a ship-to-ship transfer of oil from a wrecked ship. Ministry of Ports and Shipping Secretary U.D.C. Jayalal also told The Morning that the decision to tow the ship into deeper seas had been taken to minimise the damage to the country’s coastline from any oil spill, adding that the MEPA is on standby in case of an oil spill. All attempts to contact MEPA Chairperson Dharshani Lahandapura and its General Manager Dr. Terney Pradeep Kumara proved futile. Commenting on future steps, Prof. Gunasekera said that to receive compensation, a full and complete damage assessment must be done. Considering the lack of laws in the country with regard to dealing with such destruction, Prof. Gunasekera said that proper legal personnel must be engaged in these discussions. “If the crew members had known that the ship was not fit for travel from India due to the acid leakage, then they have violated laws,” claimed Prof. Gunasekera. He further questioned as to why the assistance from India had been requested four days after the fire initially broke out on 20 May and only after the explosion had occurred. “India has the necessary equipment to control such a situation,” he added. However, Ministry of Ports and Shipping Secretary Jayalal said that the fire was not that strong before 24 May, which is when the explosion occurred. Commenting on the ongoing investigations into the ship, Jayalal said that a reason for the fire or the explosion has still not been determined. SLPA officials told The Morning last week that it is not yet determined as to whether the acid leakage had caused the fire. Reportedly, the ship had had a nitric acid leak in one of its containers from the time it was travelling in the Arab seas. SLPA officials told The Morning last week that the Colombo Port had not been informed about the acid leak prior to the ship’s entry into our waters, although all other necessary declarations had been made when the ship left the Indian Port of Hazira. Centre for Environmental Justice (CEJ) Executive Director Hemantha Withanage said that following a Right to Information (RTI) request made by the organisation, details of the cargo of the ship had been released. The cargo had included hazardous chemicals such as nitric acid, ethanol (C2H5OH), lead (Pb) ingots, urea dust, frilled urea, high-density polyethylene (HDPE), low-density polyethylene (LDPE) and linear LDPE, epoxy resins, sodium methoxide, aluminium (Al) processing by-products, raw materials for cosmetics, food items, and other general cargo. The CEJ, along with the Pearl Protectors organisation, earlier communicated to The Morning that the spillage of plastic pellets which are continuously washing up on the country’s shores, remains the primary environmental problem, notwithstanding a potential oil spill. The State Ministry of Urban Development, Coast Conservation, Waste Disposal, and Community Cleanliness yesterday stated that approximately 584 tonnes of plastic pellets have been collected from beaches so far. The MEPA has filed a police complaint against the ship, seeking damages. The Colombo Magistrate’s Court on Monday (1) issued a travel ban on the Captain, the Chief Engineer, and the Second Chief Engineer of the MV X-Press Pearl ship. In a statement on Twitter yesterday, State Minister of Ornamental Fish, Inland Fish and Prawn Farming, Fishery Harbour Development, Multiday Fishing Activities and Fish Exports Kanchana Wijesekera stated that fishing from Panadura to Negombo, including in the Negombo Lagoon has been banned due to dangers posed by the ship sinking.   Photo Lalith Perera