Fiji shipping company Goundar Shipping Limited (GSL) is facing penalties, including fines of up to $1 million and possible imprisonment, after a preliminary investigation found that the company breached multiple environmental and maritime laws following the Lomaiviti Princess II oil spill in Suva Harbour.
The Lomaiviti Princess II, a passenger vessel abandoned since 2019, began tilting earlier this month before partially submerging near the Muaiwalu II Wharf three weeks ago.
Fiji Ports Corporation Limited (FPCL) made attempts to relocate the vessel, but not before oil and other hazardous substances leaked into the harbour.
Authorities say GSL failed to comply with repeated warnings to remove the ship, neglected to defuel the vessel, and operated without the necessary waste disposal permits — actions in breach of Fiji’s Environmental Management Act 2005, the Maritime Transport Act 2013, and common law obligations.
“There are no exemptions when it comes to environmental protection,” said Minister for Environment and Climate Change, Mosese Bulitavu. “We will not allow Fiji’s ports and waters to become dumping grounds.”
The breaches were highlighted by the Joint Maritime Environment Committee (JMEC) following a preliminary investigation, which found, among other things, that GSL had received multiple removal notices from FPCL but failed to act.
Incident Background and Breaches
When the vessel showed signs of listing or tilting on June 2, FPCL, acting under Regulation 78 of the Sea Ports Management Regulations 2008, carried out emergency towing procedures to relocate it to a safer anchorage.
Despite these efforts, the vessel leaked oil into the harbour, prompting a multi-agency response. Authorities highlighted Section 129 of the Maritime Transport Act, which prohibits the discharge of harmful substances into Fijian waters, and Section 35 of the Environmental Management Act, which bans pollution discharge without a valid permit.
According to the committee, GSL does not hold any waste disposal permits for its fleet. Section 45 of the Environmental Management Act imposes penalties of up to FJ$1 million or three years’ imprisonment for such breaches.
“It must also be made clear that should GSL argue they were unaware of their waste disposal permit obligations under EMA 2005, Section 37 would apply. Under this section, any damage caused to the environment through the discharge of waste or pollutants from a facility, activity, or undertaking renders the body corporate liable for remedial action,” a statement outlining the committee’s findings stated.
Additional penalties may apply under other laws, and GSL could also face liability under common law for environmental negligence.
As a shipowner, GSL owed a high duty of care to the public and the environment, the committee stated.
“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.”
Next Steps
FPCL has deployed containment booms to trap oil residue and is working with underwater recovery specialists to inspect the vessel and remove any remaining fuel or sludge.
The cleanup operation is expected to take four to eight weeks.
FPCL will also issue a public Expression of Interest for the removal of the Lomaiviti Princess II from Suva Harbour. In the meantime, additional layers of containment are being installed to prevent further leakage.
Minister for Public Works, Meteorological Services and Transport, Ro Filipe Tuisawau, has directed a thorough investigation into the incident. Under Section 45 of the Maritime Transport Act 2013, the Maritime Safety Authority of Fiji (MSAF) is empowered to appoint authorised officers to lead the inquiry. At the same time, the Ministry of Environment will conduct a chemical analysis of the spill area to assess the environmental impact and inform long-term remediation strategies.
Main Photo Caption: The partially submerged Lomaiviti Princess II rests in Suva Harbour at dusk, weeks after leaking oil and hazardous substances—now the focus of a multi-agency investigation into environmental and maritime law breaches
