Navigating Hazards: Assessing Sri Lanka’s Maritime Regulatory Framework After the MV Dali Incident”
US authorities are presently scrutinizing the cargo manifest of the MV Dali, a Singapore-flagged container vessel that caused disruption along a crucial shipping route at the Port of Baltimore. As operations to search and clean up continue, both the vessel, which is reportedly as long as the Eiffel Tower, and its crew of 21 members—20 Indians and one Sri Lankan—are in a state of uncertainty. However, the recurrence of incidents involving hazardous transboundary shipments has sparked concerns about Sri Lanka’s efforts to fortify maritime laws.
MV Dali
One notable concern revolves around the discovery that the ship was transporting 56 containers of hazardous materials weighing a total of 764 tons. This discovery stirred memories of Sri Lanka’s past issues with allowing developed nations to dispose of their waste, notably following the UK waste container debacle in 2019. Environmental groups reacted with disgust upon learning that the containers held items such as surgical equipment, medical waste, and potentially human remains, prompting questions about the effectiveness of the regulatory framework overseeing shipments entering the island nation.
Preliminary investigations by the National Transportation Safety Board (NTSB) revealed that the hazardous materials onboard the MV Dali primarily comprised corrosive substances, flammables, and miscellaneous Class 9 hazardous materials, including lithium-ion batteries. The revelation prompted inquiries from concerned parties, with Ministerial inquiries confirming the presence of toxic materials categorized under the International Maritime Dangerous Goods Code.
However, conflicting reports emerged regarding the dissemination of information about the hazardous cargo. While the shipping line confirmed the presence of toxic materials, port authorities claimed they did not receive any prior notification as the Estimated Time of Arrival (ETA) was set for April 22. This discrepancy highlighted potential gaps in communication and reporting requirements regarding dangerous cargo.
As investigations progressed, the US National Transportation Safety Board (NTSB) recovered the ship’s data recorder, also known as the VDR. While the VDR provided crucial insights into the vessel’s activities leading up to the incident, a notable gap in recordings between 1:24 am and 1:26 am raised concerns among investigators. The missing data underscored the need for a comprehensive understanding of the events preceding the collision with the bridge.
In response to the incident, the company owning the MV Dali filed a ‘limitation of liability’ petition, seeking to cap the damages the company could be forced to pay for the disaster. The petition, filed in Federal Court, denied responsibility for the incident and invoked the Limitation of Liability Act of 1851 to limit exposure to the value of the vessel and its pending freight. This legal maneuver aimed to mitigate potential financial losses for the company amidst ongoing investigations.
These developments underscore the need for enhanced regulatory oversight and adherence to international conventions governing hazardous shipments. Sri Lanka’s involvement in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposals highlights the importance of obtaining consent prior to importing hazardous materials. However, past incidents, including the UK waste container fiasco and the X-press Pearl disaster, illustrate the challenges in enforcing regulations and seeking compensation for environmental damage caused by maritime accidents. Moving forward, efforts to adopt and enforce the provisions of international conventions such as the Basel Convention are essential to prevent transboundary waste imports and safeguard Sri Lanka’s environment.
