We refer to the vessel F.V.Marijka (Vessel) that is currently located in the Port of Darwin.

F.V.MARIJKA - SECTION 41(10) & 41(11) DIRECTION

On 6 January 2022 Darwin Port issued Mr Graeme Richmond, owner of the F.V. Marijka (Vessel), a direction in accordance with section 41(2) of the Ports Management Act 2015 (NT) (PMA) advising that the Vessel had sunk and directing the owner to either: remove the Vessel from the port; move it to another place within the port; repair it and make the Vessel safe; or destroy it and all fittings and equipment on board (Direction 1). The owner was required to comply with Direction 1 by 24 January 2022. 

The owner has not complied with Direction 1. The Vessel remains submerged at approximate latitude 12°28'.474S longitude 130°51'.790E. It is an offence not to comply with Direction 1 within the specified period. 

In accordance with subsection 41(10) and 41(11) of the PMA, it is Darwin Port's opinion that, due to the prolonged period that the Vessel has remained submerged on the seabed, that the Vessel is unseaworthy and the cost of repairing it to make it seaworthy or the cost of storage and sale exceeds its value. As such it is Darwin Port's intention to take steps to destroy the Vessel within 28 days of this direction. 

You are liable to pay all costs incurred by Darwin Port. To date, the following costs have been incurred in relation to Direction 1 and are a debt due and payable to Darwin Port:

  • Cost of moving the Vessel to a safe mooring; $18,307.45 including GST; and
  • Daily mooring cost; $220 including GST.

Darwin Port estimates that the cost of disposing the Vessel is $110,000. 

Please contact the Port Management Officer urgently on 0419 840 041 or (08) 8919 0850.

F.V.MARIJKA - SECTION 41(10) & 41(11) DIRECTION

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F.V.MARIJKA - DIRECTION 1 - Issued on 6 January 2022:

On 1 December 2021 your vessel F.V.Marijka was temporarily secured to a mooring in the Small Boat Anchorage within the Port of Darwin at approximate latitude 12°28'.474S longitude 130°51'.790E. On 2 December 2021 we issued a direction to you under subsection 39(3) of the Ports Management Act 2015 (NT) (PMA) to immediately move your vessel to a safe and secure location however we note that you failed to act on this direction. 

On 25 December 2021 the F.V.Marijka sunk at the mooring referred to above. The F.V.Marijka remains in such a condition that it is likely to cause damage to, endanger or obstruct the passage of navigation of or use of the port by vessels. Consequently, in accordance with section 41(2) of the PMA, Darwin Port directs you, as owner of the vessel, to:

  • remove it from the port; or
  • move it to another place within the port; or
  • repair it and make it safe; or
  • destroy it and all fittings and equipment on board. 

This direction must be complied with by 24 January 2022. A failure to comply with this direction within the required timeframe is a strict liability offence under the PMA. 

Should you fail to comply with this direction within the require timeframe Darwin Port may carry out the work necessary to comply with this direction and recover the cost of doing so from you as a debt due and payable in accordance with section 41(9) of the PMA.

F.V.MARIJKA - DIRECTION