“Our decision is to allow the scuttling of the ship to proceed, but to vary the decision by imposing additional conditions to avoid possible harmful effects on human health and the marine environment,” ruled presiding judge and AAT president Justice Garry Downes.
Download the AAT Decision here:
The decision under review is varied by:
1. Adding the following to condition 2 to the permit as originally granted:
(e) the ship must be cleaned of all remaining wiring, including junction boxes, which might be associated with polychlorinated biphenyls;
(f) the ship must be cleaned of all canvas and insulation; and
(g) the ship must be cleaned of all exfoliating and/or exfoliated red lead paint;
Adding to the section on Sediment Quality in the Long Term Monitoring and Management Plan:
(a) a provision that two sites within the hull are to be added to the sites to be sampled for lead; and
(b) a provision that the Minister for Sustainability, Environment, Water, Population and Communities (or the Minister’s successor) or delegate may require additional sampling of lead if the results of sampling already provided for make that appropriate.