Compliance and enforcement

Boskalis Australia Pty Ltd (ACN 099 738 333)

  • Date of Offence 30 Aug 2008
  • Type of Offence
    1. Pollute waters of Port Phillip Bay on 30.08.2008, contrary to s.39(1).
    2. Cause or permit environmental hazard, to Port Philip Bay on 30.08.2008, contrary to s.27A(1)(c).
  • Background of Offence On 30 August 2008, the Queen of Netherlands, a vessel owned by Boskalis Australia Pty Ltd, was conducting dredging operations at Port Phillip Bay near Point Lonsdale. During the dredging operation, 800 - 900 litres of oil was discharged from the vessel. The discharge came from a defective valve located below the waterline. The vessel master took immediate action to prevent the discharge. An oily substance washed up on nearby beaches. The EPA investigation did not reveal any evidence of harm to marine life.
  • Remedial Action Taken by EPA
  • Date of Court Hearing 22 Jul 2010
  • Date of Court Orders 22 Jul 2010
  • Court Magistrate/Judge Not applicable
  • Court Location Not applicable
  • Proceeding Number
  • Reasons for Prosecutions In accordance with the Compliance and Enforcement Policy EPA was satisfied that an enforceable undertaking was an appropriate sanction because Boskalis took active responsibility for the offence and  the sanction achieved a more effective and long term environmental outcome than prosecution.
  • Court Orders Made

    On 22 July 2010 the Authority accepted Boskalis Australia Pty Ltd's (Boskalis) offer of an Enforceable Undertaking.  The Undertaking was offered in response to an incident that took place on 30 August 2008 whereby an oily substance was reported to be coming from the Queen of the Netherlands, which was conducting dredging operations in Port Phillip Bay.

    Under the terms of the Undertaking, Boskalis commits to:

    • Provide environmental training of the Master and crew on all Company ships and equipment working in Victoria.
    • Funding a course on dredging and its environmental impacts at Swinburne University
    • Providing Swinburne University with $75,000 to sponsor a PhD project on the “Investigation and Monitoring of Turbidity in Port Phillip and Coastal Areas of Victoria by means of Satellite Observations and Numerical Modelling”.  This project will result in a paper that is publicly available.

    Boskalis must engage an EPA appointed Auditor to review the Undertaking and provide written assurance to the Authority that it has been successfully implemented.

    Boskalis has estimated that the cost of compliance with this Undertaking is approximately $95,000. Boskalis will provide the Authority with a detailed costing of compliance expenditure upon completion of the Undertaking.

    The terms of the Undertaking must be completed by July 2014.

Page last updated on 19 Oct 2016