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MV X-Press Pearl disaster: MEPA hands further evidence to AG 

07 Aug 2021

  • AG to hand over evidence requested by ship's insurers 
  • Total damage caused by disaster still being assessed 
  • MEPA finalising documents for second interim claim  
  • Discussion on getting fisherfolk involved in beach clean-up  
By Yumiko Perera  Sri Lanka received Rs. 720 million ($ 3.6 million) as the initial payment of the first interim damage claim of $ 40 million in July over the MV X-Press Pearl disaster. However, the country is yet to receive the remainder of the first interim claim, as the insurance company of the vessel demands further evidence as to the damages the country has incurred owing to the maritime disaster, The Sunday Morning learnt.  The first interim claim was filed by the Attorney General (AG) for the damages incurred over the period 20 May to 3 June. Meanwhile, the lion’s share of the sum has been disbursed amongst the fishing communities in the country that had been directly affected by the disaster.  Set to file second interim claim Meanwhile, according to Marine Environment Protection Authority (MEPA) Chairperson and Attorney-at-Law Dharshani Lahandapura, Sri Lanka is set to file for the second interim claim, which includes the costs incurred for the clean-up process. Speaking with The Sunday Morning, Lahandapura stated: "We received an initial payment of Rs. 720 million which has been used to compensate the fisheries sector, and we are anticipating the remainder as well. There have been no rejections in regard to the rest of the claim. However, we have been asked to present further evidence on the damage claims. We have compiled the necessary documents and handed them over to the AG, who would then hand them over to the lawyers of the insurance company."  She further added that the environmental damage caused by the doomed vessel is, however, still being assessed, and that MEPA is in the process of finalising the second interim claim.  Meanwhile, she further noted that the subcommittees are making significant progress in the assessment of the environmental damages incurred by the disaster and that the postmortems of the dead marine life, along with findings of the United Nations (UN) experts would only further strengthen the country's claim for compensation. According to a statement dated 2 August by the Ministry of Justice, another discussion chaired by Minister of Justice Ali Sabry PC on obtaining compensation covering all sectors that had been affected by the disaster, took place at the Ministry of Justice earlier this week, with the participation of State Minister Dr. Nalaka Godahewa, State Minister Kanchana Wijesekera, and AG Sanjaya Rajaratnam, The Sunday Morning learnt.  While the actions taken regarding the alleged oil spill from the doomed vessel had been at the forefront of the discussion, the Minister of Justice had directed the officials of MEPA, the Sri Lanka Navy, National Aquatic Resources Research and Development Agency, and the Merchant Shipping Secretariat to remain vigilant in this regard. Further attention had been paid to the damage to the coastal system as well as the clean-up operations owing to debris from the ship reaching the coastal lines.  Furthermore, the Minister had also mentioned that discussions would be held on whether the authorities could get fisherfolk, struggling due to the aftermath of the incident, involved in the beach clean-up process for a certain payment, thereby ensuring them some sort of income in the process, The Sunday Morning learnt.  Preventing a possible oil spill Meanwhile, speaking on the oil sheen that had been prominent around the debris of the X-Press Pearl wreck over the past couple of weeks, the MEPA Chairperson confirmed that the oil sheen had not been caused by a bunker oil spill. (***THEN WHAT HAD CAUSED IT OR WHAT IS IT?)  Lahandapura, earlier this week, told The Morning that MEPA was using a mechanical dispersion method to churn the waters to aid in the faster evaporation of the oil, further adding that teams are sent to the site on a daily basis in order to collect samples for ongoing analytical tests to determine the nature of the oil.  Furthermore, Lahandapura also added that Oil Spill Response Ltd. (OSRL), an organisation appointed by the owners of the MV X-Press Pearl, have positioned oil spill prevention mechanisms such as containment booms very close to the wreck for immediate deployment, and is constantly keeping an eye out for a possible oil spill at all times.  Salvors deployed by the vessel's owner monitor the wreck 24/7, in order to identify debris and report any form of a spill, with drones deployed to help in the process, The Sunday Morning learnt.  Previously, a total of 11 environmentalists had appealed to President Gotabaya Rajapaksa to immediately intervene and stop the alleged ongoing oil pollution caused by the MV X-Press Pearl wreck, asking for the immediate removal of the wreck of the doomed vessel, claiming that chemicals onboard the ship may not have been destroyed by the fire, and that it may cause further destruction to the ecological balance of the waters of the country. Impact on marine environment Moreover, according to the statistics of the Department of Wildlife Conservation, 417 turtles, 48 dolphins, and eight whales have washed up ashore since. However, environmentalists claim that the number of fatalities could be much higher than what has been reported.  Speaking with The Sunday Morning, environmentalist Sajeewa Chamikara shared that nearly 275 species of marine life have died over the past few weeks along the coast of Sri Lanka, as a result of the chemicals of the X-Press Pearl vessel.  "When the carcasses of the animals were examined, authorities had found that some animals had evidently succumbed to acid burn wounds, and some had died after being exposed to chemical components that had been mixed into the waters from the ship," he noted.  The disaster, in its aftermath, still continues to impact the local marine ecosystem. Meanwhile, plastic pollution is still being detected across various parts of the island, even today, The Sunday Morning learnt.  Speaking in this regard, Lahandapura further noted that they had deployed nearly 23,000 man days and had managed to collect over 3,500 MT of plastic nurdles from beaches across the island thus far.  "It has been two months since the disaster, and we have been working towards mitigating the plastic waste from day one, up until now, and we would continue to monitor the pollution and do the needful," she noted in conclusion.  Meanwhile, a Singapore-based global non-profit, the Alliance to End Plastic Waste, donated a total of eight BeachTech Hydro Sweepy beach cleaning machines worth approximately Rs. 36 million to the MEPA earlier this month. Accordingly, these machines are expected to help with the clean-up of plastic waste from the ill-fated MV X-Press Pearl, The Sunday Morning learnt.  The X-Press Pearl vessel caught on fire approximately nine nautical miles away from the Colombo Harbour last May, leading up to the largest maritime disaster the country has ever witnessed.   A subsequent explosion on board the vessel caused several containers to fall overboard, releasing hazardous chemicals and tonnes of plastic pellets into the waters, and measures are still underway to salvage the rest of the doomed vessel's cargo from the seabed, as they contain toxic material, The Sunday Morning learnt. 


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