 | The examples and perspective in this article may not represent a worldwide view of the subject.(September 2010) |
Courts of Marine Inquiry and Boards of Marine Inquiry are tribunals established in common law countries to investigate matters relating to shipwrecks, casualties affecting ships, or charges of incompetency or misconduct on the part of the masters, mates or engineers of ships.
Various tribunals are established in Australia to investigate the causes of shipwrecks, crashes and other matters pertaining to ships in Australian waters. As Australia is a federal jurisdiction, both the States of Australia and the National government have joint authority to make laws over navigation. Where navigation relates to overseas or interstate trade, the national government's law will take precedence in certain circumstances.
At the national level, the Australian Government has established the Court of Marine Inquiry of Australia under the federal Navigation Act.
At the state level, the following agencies have responsibility for the investigation of maritime incidents:
In Fiji, marine boards are established under the Marine Act to conduct enquiries. [2]
Magistrates Courts of Tonga are courts of marine inquiry under the Tongan Shipping Act.
Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.
A shipwreck is the wreckage of a ship that is located either beached on land or sunken to the bottom of a body of water. Shipwrecking may be intentional or unintentional. There were approximately three million shipwrecks worldwide as of January 1999, according to Angela Croome, a science writer and author who specialized in the history of underwater archaeology.
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal". Many governmental bodies are titled "tribunals" to emphasize that they are not courts of normal jurisdiction. For instance, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes.
The Canadian Coast Guard is the coast guard of Canada. Formed in 1962, the coast guard is tasked with marine search and rescue (SAR), communication, navigation, and transportation issues in Canadian waters, such as navigation aids and icebreaking, marine pollution response, and support for other Canadian government initiatives. The Coast Guard operates 119 vessels of varying sizes and 23 helicopters, along with a variety of smaller craft. The CCG is headquartered in Ottawa, Ontario, and is a special operating agency within Fisheries and Oceans Canada.
Australian Maritime Safety Authority (AMSA) is an Australian statutory authority responsible for the regulation and safety oversight of Australia's shipping fleet and management of Australia's international maritime obligations. The authority has jurisdiction over Australia's exclusive economic zone which covers an area of 11,000,000 square kilometres (4,200,000 sq mi). AMSA maintains Australia's shipping registries: the general and the international shipping registers.
The Merchant Shipping Act 1995 is an act of Parliament passed in the United Kingdom in 1995. It consolidated much of the UK's maritime legislation, repealing several Acts in their entirety and provisions in many more, some dating back to the mid-nineteenth century. It appoints several officers of Admiralty Jurisdiction such as the Receiver of Wreck. The act of 1995 updates the prior Merchant Shipping Act 1894. The lead part on British ships was impacted by the outcome of the Factortame case, as the Merchant Shipping Act 1988 was impugned by the Common Fisheries Policy.
The Norwegian Safety Investigation Authority is the government agency responsible for investigating transport-related accidents within Norway. Specifically, it investigates aviation accidents and incidents, rail accidents, maritime accidents, select traffic accidents, and serious incidents in the defence sector.
Admiralty law in the United States is a matter of federal law.
The Tuncurry was a wooden carvel screw steamer built in 1903 at Cape Hawke in the Australian state of New South Wales, that was wrecked when she sprang a leak whilst carrying explosives, cement, whiskey, jam and other general cargo between Sydney and Brisbane. She was lost off Barrenjoey Head, Broken Bay, New South Wales on 22 October 1916.
NSW Maritime, the trading name of Maritime Authority of New South Wales, was an agency of the Government of New South Wales, Australia responsible for marine safety, regulation of commercial and recreational boating and oversight of port operations. The Authority had responsibility for marine incident investigation, including the causes of incidents involving shipping and commercial vessels and breaches of State or Commonwealth navigation laws. Incidents involving Sydney Ferries vessels are examined by the Office of Transport Safety Investigations, which is also responsible for investigations into incidents involving publicly owned rail and bus transport. The Authority was also responsible for property management of submerged lands in Sydney Harbour, Newcastle Harbour, Botany Bay and Port Kembla, and for providing strategic advice on ports and maritime matters to the NSW Government.
The 2010 Great Barrier Reef oil spill occurred on 3 April 2010, when the Chinese bulk coal carrier, MV Shen Neng 1 ran aground east of Rockhampton in Central Queensland, Australia. The vessel is owned by Shenzhen Energy Transport Co. Ltd.
Maritime administrations, or flag state administrations, are the executive arms/state bodies of each government responsible for carrying out the shipping responsibilities of the state, and are tasked to administer national shipping and boating issues and laws within their territorial waters and for vessels flagged in that country, or that fall under their jurisdiction.
The Chief Investigator, Transport Safety is the independent Government agency responsible for investigation of safety-related trends and incidents in the rail, bus and marine industries in the State of Victoria, Australia.
The Rena oil spill occurred off the coast of Tauranga, New Zealand in October 2011. The spill was caused by the grounding of MV Rena on the Astrolabe Reef. The Rena was a container ship and cargo vessel owned by the Greek shipping company Costamare Inc., through one of its subsidiary companies Daina Shipping. The spill has been described as New Zealand's worst maritime environmental disaster.
The Danish Maritime Authority is the agency of the Danish Government responsible for regulating and administrating Danish maritime affairs. The Danish Maritime Authority (DMA) is part of the Ministry of Industry, Business, and Financial Affairs. The Agency consists of the central authority and eight vision offices, including the office in Nuuk and the Centre for Maritime Health on Fanø. Its headquarters are in Korsør.
MV Rabaul Queen was a passenger ferry owned by the Papua New Guinea company Rabaul Shipping. The ship, built in Japan in 1983, operated on short runs in that country, before being brought to Papua New Guinea in 1998 and plying a regular weekly route between Kimbe, the capital of West New Britain, and Lae, the capital of the mainland province of Morobe.
The MV Alam Pintar and FV Etoile des Ondes collision took place in the English Channel in 2009 and involved the Singapore bulk carrier Alam Pintar and the UK fishing vessel Etoile des Ondes. The fishing vessel sank and, although three of its four crew were rescued, one member, Chris Wadsworth, was never found. The bulk carrier continued on its passage although its crew knew of the collision and later made attempts to hide the fact of their knowledge. Three other vessels nearby did not respond to Etoiles' distress calls, even though these were also broadcast by the coastguards. The rescue was eventually carried out by the ferry MV Norman Voyager. The UK's Marine Accident Investigation Branch (MAIB) carried out a full investigation of the incident and issued a damning report. Safety recommendations were made but under maritime law national governments have no authority over foreign-flagged vessels more than 12 nautical miles (22 km) from their coasts. No country attempted any criminal prosecutions.
The vessel MV Blythe Star was a coastal freighter which foundered off south-western Tasmania in October 1973. The crew of 10 successfully took to a small inflatable liferaft but drifted undiscovered. A search for the ship and its crew led to the largest maritime search operation conducted in Australia to that time.
SS Petriana was an iron screw steamer built in 1879 that was converted into an oil tanker. On 28 November 1903, while transporting 1,300 tonnes of petroleum from Borneo to Australia, it struck a reef near Point Nepean, Victoria, outside of Port Phillip Bay. The vessel was subsequently abandoned, but not before its cargo was released as part of efforts to save the ship, causing Australia's first major oil spill. Under the White Australia policy, the Chinese and Malay sailors crewing the Petriana were refused entry to Australia and forced to stay on a crowded tugboat for several days. Their treatment led to a political controversy in the lead-up to the 1903 federal election.
The MV Wakashio oil spill occurred after the Japanese-controlled bulk carrier Wakashio ran aground on a coral reef on 25 July 2020 at around 16:00 UTC. The ship began to leak fuel oil in the following weeks, and broke apart in mid August. Although much of the oil on board Wakashio was pumped out before she broke in half, an estimated 1,000 tonnes of oil spilled into the ocean in what was called by some scientists the worst environmental disaster ever in Mauritius. Two weeks after the incident, the Mauritian government declared the incident a national emergency.