The Government of the Virgin Islands was awarded $221,935.86 for clean-up costs, as a result from the oil spill involving the freighter ‘Vagabond’, owned by Caribbean Transport Ltd., back in 2006.
While en route to Anguilla, the 180-foot freighter capsized in domestic waters just before midnight on 25 October 2006, causing a major oil spill which required of a national response efforts under the direction of the Royal Virgin Islands Police Force, the National Emergency Operations Centre, as well as local and international agencies, including from the US.
In a judgment delivered on 4 June, the High Court of Justice granted judgment in favour of the Government and included compensation for labour and salvage assessment costs. The claim for compensation was filed in court by the Attorney General’s Chambers in October 2012 seeking full compensation for cleanup costs in the amount of $251,329.76.
The judge found that there was irrefutable evidence that the government provided services for the clean-up process and had to call on an external US-based firm to assist,
…says a statement from the BVI Department of Disaster Management.
Although there were no fatalities, the oil spill is considered to have triggered a greater pollution prevention awareness in the country.
The Director of the Department of Disaster Management, Ms. Sharleen DaBreo, said her department has worked with a number of departments and private sector agencies to increase the level of awareness about oil pollution in the waters and on land and to establish the necessary legal framework.
We have seen the success of the public awareness and education campaigns as the number of spills have decreased significantly. We continue to inform and educate the public about the effects that can be caused by oil spill on land and at sea. We offer training to build response capacity among our responders and enforcement agencies.
This is the first matter of this kind that has been taken to the High Court that is said to have now set ‘a precedent for how further claims will be handled’.
The judgment is also a significant win for the Government of the BVI and will now lead to greater focus and attention on the finalisation of legislation to support the enforcement of appropriate standards to prevent these types of events from occurring in the future.
The Ministry of Communication and Works has developed a draft Oil Spill Prevention and Pollution Bill that is expected to be finalised and taken to the House of Assembly for approval.
