R v Milford Haven Port Authority (15 January 1999) Crown Court

The Milford Haven Port Authority pleaded guilty to a charge brought by the Environment Agency Wales of causing polluting matter to enter controlled waters, contrary to Section 85(1) of the Water Resources Act 1991. Milford Haven Port Authority was fined £4 million, and ordered to pay £825,000 in costs, the largest fine ever awarded in a water pollution case. Charges against the Harbourmaster Captain Mark Andrews, were dropped. On 15 February 1996, the Sea Empress, bringing crude oil to Milford Haven in South West Wales, ran aground at St Ann's Gate at the entrance to the Milford Haven waterway as a result of negligent navigation by her pilot. Over a period of seven days while the Sea Empress was grounded about 7,200 tonnes of light crude oil and about 250 tonnes of heavy fuel oil was released, mainly at low tide. A further 230 tonnes of fuel oil was released after the tanker had been towed to a jetty within the waterway. Much of the affected coastline lies within the Pembrokeshire Coast National Park and in the main area affected by the spill there are about 35 Sites of Special Scientific Interest, two National Nature Reserves and one of the UK's three Marine Nature Reserves. There are also EC designated Special Protection Areas for birds and three Special Areas of Conservation are proposed by the government. The cost of the clean-up operation was over £60 million ignoring the impact on tourism and commercial fisheries. The judge stated that the case was not simply one of a pilot who committed an act of negligent navigation. The pilot system was operated by the Milford Haven Port Authority who had to reach the highest possible standards in relation to the training and expertise of the pilots. In this case the pilot had little prior experience of piloting large deeply laden tankers. Since the casualty, pilot training and qualification procedures have been changed by the Milford Haven Port Authority, restrictions have been imposed preventing large vessels entering the Milford Haven less than three hours before low water and there has been a reclassification of vessels requiring two pilots.

(Environment Agency News Release, 15 January 1999)