Engine malfunction and forced landing involving Robinson R22 Beta II, VH-NKV, 85 NM north-east of Karumba Airport, Queensland, on 6 August 2022

Final report

Report release date: 23/02/2024

Executive summary

What happened

On the morning of 6 August 2022, the pilot of a Robinson R22 Beta II, registered VH‑NKV, was flying at about 500–600 ft en route to conduct aerial mustering north-east of Karumba aerodrome, Queensland. After some time in cruise, the helicopter suddenly began to ‘shake and vibrate’. In response, the pilot conducted an autorotation, flaring the aircraft just above the trees in a heavily wooded area. The aircraft collided with trees and was destroyed. The pilot was uninjured, and there was no fire.

What the ATSB found

The ATSB found that the engine issues prompting the pilot to attempt a forced landing were likely the result of carbon deposits that had accumulated on the valve stem of the no. 2 cylinder exhaust valve and within its guide, reducing clearance to less than the specified minimum. The reduced clearance likely resulted in the valve binding in the guide, and not fully closing. While these deposits would have begun to accumulate from the time the cylinder entered service, its progression to the point where it resulted in a degradation in engine performance would not normally be detected by the aircraft’s existing maintenance regime.

Cylinder durability issues, predominantly affecting R22 and R44 helicopters used in mustering operations across the northern regions of Australia have reportedly increased since 2016. However, there was insufficient data available relating to the extent and nature of these failures to identify strategies for prevention.

What has been done as a result

The ATSB has released a safety advisory notice to strongly encourage maintainers, operators, and pilots of Robinson R22 and R44 helicopters fitted with Lycoming O-360 and O-540 series engines to complete a Lycoming cylinder durability investigation group defect report form any time engine cylinder issues are identified.

Safety message

The pilot responded appropriately to a sudden and unexpected emergency, greatly reducing the likelihood of injury. This accident highlights the importance for pilots to be cognisant of changes in performance during day-to-day operations, and always be prepared for the rapid onset of an in‑flight emergency.

 

The investigation

Decisions regarding the scope of an investigation are based on many factors, including the level of safety benefit likely to be obtained from an investigation and the associated resources required. For this occurrence, a limited-scope investigation was conducted in order to produce a short investigation report, and allow for greater industry awareness of findings that affect safety and potential learning opportunities.

The occurrence

On the morning of 6 August 2022, the pilot of a Gulf Coast Aviation Robinson R22 Beta II, registered VH‑NKV, was preparing the helicopter to conduct mustering operations. The pilot had planned to rendezvous with another helicopter that had departed from a different location and then both would proceed north to the mustering area, which was on a property about 160 km north-east of Karumba aerodrome, Queensland.

After take-off, the pilot climbed to about 500–600 ft and tracked north. The pilot reported that initially the engine indications were normal, and that after some time in cruise, the helicopter suddenly began to ‘shake and vibrate’, and that this could also be felt through the cyclic.[1] The pilot observed the engine manifold pressure rise, along with a drop in main rotor and engine RPM.

In response, the pilot initially raised the collective, then after recognising the engine and rotor RPM continuing to decrease, rapidly lowered the collective to maintain rotor RPM. The pilot commenced an autorotation, flaring the aircraft just above the trees in a heavily wooded area. The aircraft collided with trees and was destroyed (Figure 1). The pilot was uninjured, and was able to exit the aircraft unaided. There was no fire, and after it was safe to do so, the pilot returned to the aircraft to shut the fuel and master switch off.

Figure 1: VH-NKV at the accident site

Figure 1: VH-NKV at the accident site

Source: Gulf Coast Aviation, annotated by the ATSB

Context

Pilot information

The pilot commenced flying in 2017 and was issued a Civil Aviation Safety Regulation Part 61 Commercial Pilot (Helicopter) Licence in 2018. At the time of the accident, the pilot had accumulated about 4,100 hours total aeronautical experience and had been flying for Gulf Coast Aviation for about 18 months.

Helicopter information

The helicopter was a Robinson R22 Beta II powered by a 4-cylinder, horizontally opposed, Lycoming O-360-J2A engine, which was fan cooled. VH‑NKV was manufactured in 2013 and first registered in Australia on 19 March 2014. At the time of the accident, VH‑NKV had about 5,778 hours total time in service and had flown about 64 hours since its last periodic inspection.

Airworthiness and maintenance history

The engine cylinder layout is shown in Figure 2. An overhauled engine was installed on 26 October 2020 and in the following 18 months, 15 cylinders were changed across the 4 cylinder positions because they were found to have low compression when tested[2] (Table 1). Cylinders fitted to positions 3 and 4, located closest to the engine firewall, had been changed on more occasions than cylinders fitted to positions 1 and 2. The last cylinder replacements (numbers 1, 2 and 4) were made during the periodic inspection carried out on 13 May 2022. The compressions on all cylinders were within limits when tested during subsequent periodic inspections carried out on 23 June and 20 July 2022 (Table 2).

Figure 2: R22 Beta II engine cylinder layout

Figure 2: R22 Beta II engine cylinder layout

Source: Robinson Helicopter Company, annotated by the ATSB

Table 1: VH‑NKV cylinder changes since overhaul

Hours since overhaulDateCylinders changedReason for removal
94.16 January 20213 & 4Low compression, reason not recorded
194.125 March 20213 & 4Low compression, reason not recorded
283.64 May 20214Low compression, reason not recorded
383.61 June 20213 & 4Low compression, exhaust guides
483.230 June 20212 & 4Low compression, exhaust guides
583.227 July 20213 & 4Low compression, exhaust guides
683.215 September 20212Low compression, exhaust seat
1148.913 May 20221, 2 & 4Low compression, exhaust guides

Table 2: VH‑NKV recent cylinder compression checks

Cylinder

Measurement/supply pressure (psi)

23 June 2022

Measurement/supply pressure (psi)

20 July 2022

178/8079/80
276/8079/80
378/8075/80
476/8075/80

Wreckage information

The accident site was located in a heavily wooded area with limited clearings to successfully complete an autorotation (Figure 3). The ATSB did not attend the accident site. The operator, Gulf Coast Aviation, recovered the wreckage, after which it was transported to an independent maintenance provider. The engine and a selection of components were removed for detailed examination by the ATSB. This examination revealed that multiple components showed evidence of the engine running at impact, however the level of power that would have been available could not be determined.

Figure 3: Accident site overview

Figure 3: Accident site overview

Source: Google Earth, annotated by the ATSB

Engine examination

The engine was disassembled and examined at a Civil Aviation Safety Authority (CASA) approved engine overhaul facility under the supervision of the ATSB. The engine was in good overall condition, and the cylinders fitted to the no. 1, 3 and 4 positions were within the manufacturer’s specifications. However, the cylinder fitted in the no. 2 position had very low compression when tested. Further investigation showed that the exhaust valve was not fully closing, likely because of carbon deposits accumulated on its stem and within the valve guide. The deposits had reduced the clearance of the valve stem within its guide to less than the specified minimum. Additionally, the no. 2 cylinder inlet plenum showed discolouration, possibly from the abnormal presence of exhaust gas which could be the result of the inlet valve sticking. Valves that do not fully close or become stuck in engines installed in helicopters can result in airframe vibration and a reduction in power.

The magnetos were bench tested, disassembled, and examined at another CASA-approved facility. The magnetos functioned correctly, and there were no defects evident.

The air and oil filters, oil, oil pump, and carburettor showed no significant abnormalities and there was no evidence of internal damage. No other relevant defects were identified.

R22 and R44 engine durability issues in northern Australia

R22 and R44 series helicopters have been used extensively in northern Australia for the aerial mustering of livestock. From around 2016, some operators of R22 and R44 helicopters fitted with Lycoming O-320, O-360 and O-540 series engines[3] reported an increase in engine cylinder failures due to low compression.[4] This was typically detected by engine cylinder compression checks carried out during periodic inspections and required the affected cylinders to be changed. Undetected loss of compression on one or more cylinders can lead to a reduction in power, and the possibility of an in-flight emergency.

In response, CASA published Airworthiness Bulletins AWB 85-024 – Robinson R22/R44 Engine Exhaust Valve and Valve Guide Distress and AWB 85-025 – Robinson R22/R44 Engine Intake Valve and Valve Seat Distress (Civil Aviation Safety Authority, 2018). Both bulletins showed typical defects that prompted cylinder removals, a list of relevant technical publications from Robinson and Lycoming, outlined the investigations and testing carried out by the engine manufacturer and industry groups, and contained recommendations to reduce cylinder changes.

Additionally, the bulletins noted that:

A clear understanding of all potential causative factors needs to be established before any permanent solutions can be implemented through design, manufacturing, operational or maintenance changes.
At this time, the airworthiness concern described in this Airworthiness Bulletin is not considered an unsafe condition that would warrant Airworthiness Directive action under Part 39 of the Civil Aviation Safety Regulation 1998.

In 2018 the ATSB received correspondence suggesting R22 and R44 engine serviceability issues may be linked to the December 2015 change of fuel supplied to the northern region of Australia from green-coloured Avgas 100/130 to blue-coloured Avgas 100LL (low lead). At the time, the ATSB analysed the available safety occurrence records and found there had been ‘no discernible increase in reported engine failures or malfunctions in northern Australia after the introduction of Avgas 100LL in December 2015’ (ATSB, 2018).

In 2019, the Lycoming Cylinder Durability Investigation Group (LCDIG) was formed by the following organisations to gather further information:

  • CASA’s Airworthiness & Engineering Branch
  • Lycoming
  • Robinson Helicopter Company
  • Viva Energy Australia[5]
  • the Australian Helicopter Industry Association (AHIA).

The LCDIG subsequently published a 4-page defect reporting form[6] specific to Lycoming engine durability issues in R22 and R44 helicopters. This was sent to 597 R22/R44 operators via email, and 57 operators via traditional mail requesting their assistance. The response rate to this request was about 10%.

The AHIA convened a specialist panel to investigate the cylinder failures, and from that work published Durability issues – Lycoming O-320, O-360 and O-540 engines fitted to Robinson Helicopter Co R22 and R44 Models (Australian Helicopter Industry Association, 2019). This report stated:

The broad issue of poor operational durability of Robinson Helicopter Company model R22 and R44 engine cylinders was principally one of accelerated valve, valve guide and valve seat wear, leading to loss of cylinder compression and the potential for partial power loss events during engine operation.

The report identified other factors in relation to the issue, including:

  • The accelerated wear was attributable to the cumulative effect of deposits on the valve stems and exposure to sustained high temperatures.
  • These deposits had also been associated with the exhaust valve 'sticking' and preventing the valve from fully closing, where the free movement of the valve is inhibited by the stem accumulations.
  • Changes to the constituents of aviation gasoline (Avgas) supplied to northern Australia had the potential to contribute to the engine durability issues.
  • Ambient air temperature directly affected engine operating temperatures because of the ‘forced flow’ design of R22/R44 engine cooling.
  • Aircraft operating in northern Australia would be routinely exposed to higher ambient air temperatures, particularly those involved in aerial mustering.

As part of this investigation, the ATSB reviewed reported R22 and R44 safety occurrences to identify examples of engine failures, malfunctions or abnormal indications resulting from engine cylinder compression loss. The review was hampered by a lack of data, and no conclusions were able to be drawn from it.

Safety analysis

Engine power loss

While in cruise, en route to conduct mustering, the helicopter began to vibrate, there was a rise in engine manifold pressure, and a drop in main rotor and engine RPM. This prompted the pilot to conduct a forced landing, during which the helicopter hit trees in a heavily wooded area and was destroyed.

Compression on the no. 2 cylinder was within limits when fitted, when tested on 23 June 2022, and when tested on 20 July 2022. Further, maintenance records show there was no significant degradation in cylinder compression over that time. However, in the 64 flying hours since the last periodic inspection, accumulation of carbon deposits on the valve stem and within the valve guide likely progressed to a point where the valve became stuck and did not fully close, reducing power and causing the rough running.

The accumulation of deposits on the exhaust valve stem and within the valve guide was consistent with one of the failure mechanisms identified in the AHIA report.  This would have begun from the time the cylinder entered service, and its progression to the point where it resulted in a degradation in engine performance would not always be detected by the aircraft’s normal maintenance regime.

Pilot response

The pilot’s initial response (raising the collective) reduced the rotor RPM, and was likely reflexive. Had this response continued, rotor stall and a loss of control would have been likely. However, the pilot recognised the decreasing engine and rotor RPM and rapidly lowered the collective to maintain rotor RPM and enter autorotation. The deliberate and timely application of this procedure almost certainly improved the outcome of this event for the pilot.

Engine cylinder changes

Since 2016, considerable investigation work has been carried out by Robinson, Lycoming, industry groups, and CASA to identify the factors contributing to cylinder failures affecting R22 and R44 helicopters used in mustering operations across the northern regions of Australia.

Although this is an ongoing concern, there was insufficient data available relating to the extent and nature of these failures to identify strategies for prevention. Only 10% of operators who were sent the Lycoming Cylinder Durability Investigation Group (LCDIG) request for data responded to it, limiting the group’s ability to identify a solution.

Given that more data could assist in determining the precise reason for increased cylinder failures, the ATSB is issuing a safety advisory notice (AO-2022-038-SAN-01). Its purpose is to encourage operators, maintainers, and pilots to complete and return the LCDIG defect report forms any time engine cylinder issues are identified, and to reiterate the importance of doing so.

Findings

ATSB investigation report findings focus on safety factors (that is, events and conditions that increase risk). Safety factors include ‘contributing factors’ and ‘other factors that increased risk’ (that is, factors that did not meet the definition of a contributing factor for this occurrence but were still considered important to include in the report for the purpose of increasing awareness and enhancing safety). In addition ‘other findings’ may be included to provide important information about topics other than safety factors. 

These findings should not be read as apportioning blame or liability to any particular organisation or individual.

From the evidence available, the following findings are made with respect to the engine malfunction involving Robinson R22 Beta II, VH‑NKV 85 NM north-east of Karumba aerodrome, Queensland, on 6 August 2022.

Contributing factors

  • The no. 2 cylinder exhaust valve clearance had reduced well below the minimum due to carbon build-up, resulting in the valve not closing fully, reduced power, and rough running.

Other findings

  • The pilot initially raised the collective which reduced the rotor RPM, however after recognising the decreasing engine and rotor RPM, rapidly lowered the collective to maintain rotor RPM and enter autorotation.  
  • While there had been a reported increase in cylinder failures in Robinson R22 and R44 helicopters used in mustering operations across the northern regions of Australia, there was insufficient data available relating to the extent and nature of these failures to identify strategies for prevention.

Safety actions

Whether or not the ATSB identifies safety issues in the course of an investigation, relevant organisations may proactively initiate safety action in order to reduce their safety risk.

Safety advisory notice to Robinson R22 and R44 operators

SAN number:AO-2022-038-SAN-01

The ATSB strongly encourages maintainers, operators, and pilots of Robinson R22 and R44 helicopters fitted with Lycoming O-320, O-360 and O-540 series engines to complete a Lycoming cylinder durability investigation group defect report form 1529 any time engine cylinder issues are identified.

Sources and submissions

Sources of information

The sources of information during the investigation included:

  • the pilot
  • Gulf Coast Aviation
  • Robinson Helicopter Company
  • Lycoming.

References

Australian Transport Safety Bureau (2018), investigation AR-2018-058, Exploration of change in aviation gasoline lead content in northern Australia on reported engine–related occurrences.

Civil Aviation Safety Authority (2018a), AWB 85-024 – Robinson R22/R44 Engine Exhaust Valve and Valve Guide Distress.

Civil Aviation Safety Authority (2018b), AWB 85-025 – Robinson R22/R44 Engine Intake Valve and Valve Seat Distress.

Australian Helicopter Industry Association (2019), Durability issues – Lycoming O-320, O-360 and O-540 engines fitted to Robinson Helicopter Co R22 and R44 Models.

Submissions

Under section 26 of the Transport Safety Investigation Act 2003, the ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate. That section allows a person receiving a draft report to make submissions to the ATSB about the draft report.

A draft of this report was provided to the following directly involved parties:

  • Civil Aviation Safety Authority (CASA)
  • pilot
  • Gulf Coast Aviation
  • Robinson Helicopter Company
  • Lycoming.
  • Submissions were received from the pilot and Gulf Coast Aviation. The submissions were reviewed and, where considered appropriate, the text of the report was amended accordingly.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through:

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

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[1] The cyclic is the primary helicopter flight control. Similar to aircraft control column, it is moved in the desired direction to move the helicopter about its pitch or roll axis.

[2] Compression checks are used to determine the condition of an aircraft cylinder and its components. It is accomplished with a differential compression tool which measures the leak rate of a cylinder compared to the leak rate through an orifice within the tool. Air is supplied to the tools regulator and adjusted to 80 psi on the air supply pressure gauge, and a measurement is read on a second gauge.

[3] The standard R-44 Raven II has an IO-540 series engine with a different cylinder head layout. This model was not reported to exhibit the same type of problem.

[4] Civil Aviation Safety Authority 2018a, Civil Aviation Safety Authority 2018b, and Australian Helicopter Industry Association 2019.

[5] A major fuel supplier.

[6] Lycoming cylinder durability investigation group defect report form 1529, available at https://www.casa.gov.au/lycoming-cylinder-durability-investigation-group-defect-report.

Occurrence summary

Investigation number AO-2022-038
Occurrence date 06/08/2022
Location 85 NM north-east of Karumba aerodrome
State Queensland
Report release date 23/02/2024
Report status Final
Investigation level Short
Investigation type Occurrence Investigation
Investigation status Completed
Mode of transport Aviation
Aviation occurrence category Engine failure or malfunction
Occurrence class Accident
Highest injury level None

Aircraft details

Manufacturer Robinson Helicopter Co
Model R22 Beta II
Registration VH-NKV
Serial number 4637
Aircraft operator GULF COAST AVIATION PTY LTD
Sector Helicopter
Operation type Part 91 General operating and flight rules
Departure point Lotus Vale Station, Queensland
Destination Inkerman Station, Queensland
Damage Destroyed

Collision between Aurizon train 9M48 and Qube train 9277, Oonoomurra, Queensland, on 17 August 2022

Final report

Report release date: 19/06/2026

Investigation summary

What happened

On the morning of 17 August 2022, 2 freight trains were planned to cross at Oonoomurra station on the Mount Isa line, Queensland. The Mount Isa line was a single bi-directional rail line with designated stations to allow trains to cross or pass.

The network control officer (NCO) authorised the crew of freight train 9227, operated by Qube, to depart Cloncurry station, travel east, and stop at Oonoomurra station. After stopping, the driver notified the NCO that train 9227 was in-clear and complete then released the ownership of the block section between the Cloncurry and Oonoomurra stations to the NCO.

The NCO then contacted the driver of freight train 9M48, operated by Aurizon, to extend their authority. The authority permitted the driver to continue west through the Oonoomurra station and toward the Cloncurry station, without stopping.

The driver of train 9M48 entered Oonoomurra station and continued at a speed of about 23 km/h. As they rounded a sweeping left curve at the western end, they saw several freight wagons from the rear of train 9227 obstructing the track ahead. The driver made an emergency brake application but was unable to avoid a collision.

The lead locomotive of train 9M48 subsequently derailed, uncoupled from the trailing locomotive and rolled onto its side. Several wagons on train 9227 were also damaged and zinc concentrate spilled onto the track. There was a minor injury to the driver of 9M48. The crew of train 9227 were not injured.

What the ATSB found

The ATSB found that the stopping point of train 9227 was about 317 m from the limit of authority at the eastern end of Oonoomurra station. The Qube competency procedures had not verified the driver of train 9227 was familiar with the operation of the on-board electronic distance counter device. The driver, unsure of its operation, did not use it to check the locomotive, when stopped at the chosen location, had travelled a sufficient distance within the station, for all wagons of the train to have cleared the block section between the Cloncurry and Oonoomurra stations. 

The block section was obstructed by several wagons from the rear of train 9227. However, the driver determined train 9227 was within the limits of the Oonoomurra station and erroneously passed ownership of the block section between the Cloncurry and Oonoomurra stations to the NCO. 

It was also established that there was limited functionality available for the NCO to independently verify the physical availability of a block section before issuing an authority, in this case, the extension of authority to train 9M48. The driver of 9M48, in receipt of an extension, proceeded with the expectation that train 9227 had cleared the block ahead. The track alignment with the left curve meant the driver did not see the obstructed track at a distance sufficient to enable them to stop and avoid a collision.

After the collision, the lead locomotive on 9M48 came to rest on its side. The driver was in darkness and unable to readily locate safety equipment, make an emergency radio call to network control or exit the cab without the assistance from members of the public. The driver, operating the train as a driver-only service, was exposed to several known evacuation hazards due to the overturned locomotive. As identified in previous ATSB investigations, the emergency exit pathway through a side window, and the emergency equipment available in the enclosed cab of an Aurizon 2800 class locomotive were inadequate to ensure a prompt escape by the crew. This also potentially limited access by emergency services in the event of a locomotive overturning. 

What has been done as a result

Queensland Rail issued a formal letter to Qube requesting demonstration of the effectiveness of its compliance with the controls in the interface risk management plan and the direct traffic control standard MD-10-113. Qube confirmed the existing measures within its safety management system and interface risk management plan were effective and provided controls sufficient to mitigate recurrence of this type of event by Qube. Additionally, Queensland Rail commenced projects to provide notification to network control should a trailable point not return to the normal position within a defined time and where there was an obstruction at the clearance points of a directional travel station. 

Aurizon continued to implement its access and egress compliance program to ensure the locomotive fleet met the revised requirements detailed in AS7522 and associated standards. Additionally, Aurizon progressed implementation trials of prototype window assemblies for the 2800 class locomotive together with other improvements to emergency lighting and safe egress arrangements in the locomotive cab.

Safety message

In the direct traffic control system of safeworking, it is incumbent on the crew of the first train to arrive at a directional travel station to validate their train was complete and in‑clear before releasing the block section to the rear of their train. Additionally, the crew of the second train to arrive who were in receipt of authority to continue, must not expect the block section ahead to be physically available for the passage of their train and should remain vigilant to conditions that may affect the network.

This accident also highlighted the importance of equipping locomotive rolling stock with systems to mitigate evacuation hazards that crew may encounter following the derailment and rollover of a locomotive. In particular, when operating as driver‑only and in remote locations where assistance may not be readily available.

Summary video

 

The occurrence

Overview

On 17 August 2022, train 9227 operated by Qube was on a scheduled freight service between Mount Isa and Stuart Yard (near Townsville), Queensland. The train, operated by 2 crew, had stopped at their limit of authority at Oonoomurra station to wait for freight train 9M48 to arrive, travelling in the opposite direction. 

Train 9M48, operated by Aurizon, was on a scheduled freight service between Stuart Yard and Mount Isa. The train was crewed by a single driver who had received an authority from Queensland Rail network control to travel to Oonoomurra station, cross1 train 9227, and continue toward Cloncurry station.

As train 9M48 approached the points at the western end of the Oonoomurra station to complete the cross, the driver saw several of the wagons from the rear of train 9227 were not clear of the single line block section ahead. The driver applied emergency braking, however, train 9M48 collided with the stationary wagons at about 17 km/h.

At 0637 local time, the lead locomotive of train 9M48 derailed, uncoupled and rolled onto its side. The driver sustained minor injuries. Several wagons of train 9227 were also damaged in the collision, spilling zinc concentrate onto the track. The crew of train 9227 were uninjured.

Precursor events

On 16 August 2022, train 9M48 was travelling in a westerly direction toward Nonda station on the Queensland Rail Mount Isa line. The train was running late and would not arrive on time for a scheduled crew change. 

At about 2115, Aurizon operations personnel contacted the relief driver for train 9M48 to defer their shift start time until 2245. The driver subsequently signed on at Cloncurry station then drove by road to Nonda station, to meet train 9M48 and take control for the journey toward Cloncurry station. Due to recurring issues with the automatic train protection (ATP)2 system on the lead locomotive of train 9M48, it was running further behind schedule. 

On 17 August 2022, at about 0120, train 9M48 arrived at Nonda station. The incoming and relief drivers conducted the handover, and the relief driver took control of the train. They radioed the far west network control officer (NCO) at the Queensland Rail Townsville network control centre to exchange direct traffic control (DTC) codes3 and obtain an authority to proceed.4 At about 0127, train 9M48 departed Nonda station to travel in a westerly direction.

Concurrently, Qube train 9227 was travelling in an easterly direction on the Mount Isa line to Stuart Yard. At about 0525, train 9227 arrived at Cloncurry station where the incoming and relief crews conducted the handover. The relief crew, comprising of 2 drivers, took control of the train. 

At about 0550, the driver at the controls of train 9227 radioed the NCO to exchange DTC codes in preparation to receive their authority to proceed east. The NCO instructed them to wait at Cloncurry station for the arrival of train 9M48. 

Around that time, train 9M48 was approximately 40 km from Cloncurry station and travelling toward Pymurra station. The NCO was aware5 the train was running further behind schedule due to the recurring issue with the ATP system. 

At about 0551, the NCO radioed the driver of train 9M48 and informed them their current authority to travel to Cloncurry station would be reduced to Oonoomurra station, where they would now cross train 9227 (Figure 1). The driver acknowledged the instruction, exchanged the DTC codes, and read back the authority to the NCO to confirm its content. The authority permitted the driver to travel to the block limit board OA 18, located on the up track6 at the western end of Oonoomurra station (see Safeworking system).

At about 0552, the NCO radioed the driver of train 9227 and exchanged DTC codes before the driver read back the authority to the NCO to confirm its content. The authority permitted them to travel to the block limit board OA 25 located on the down track at the eastern end of Oonoomurra station where they would stop and wait for train 9M48 to cross. At 0557, train 9227 departed Cloncurry station. The 20-minute trip from Cloncurry to Oonoomurra stations was uneventful.

Figure 1: Locations and stations on the Mount Isa line

Map showing key railway stations on the Mt Isa rail line.

Source: Queensland Rail, annotated by the ATSB

Events at Oonoomurra station 

Arrival of train 9227

As train 9227 neared the Landsborough Highway level crossing at the western end of Oonoomurra station, the driver slowed their train. Shortly after, the driver and second driver confirmed the correct position of the trailable points7 at the entrance to Oonoomurra station. The train was travelling at about 25 km/h when it passed over the points and entered the western end of the station. At about 0619, the driver radioed the NCO to report they were nearing their limit of their authority for the cross with train 9M48. 

The driver recalled it was their first stop at Oonoomurra station in years, since they usually did not need to cross a train there. On arrival at the station, the driver recalled the glare from the rising sun made it hard to see the track, and their limit of authority ahead. The driver also said they typically controlled the train speed with the objective of stopping a locomotive around 50 m from the limit of authority at a station. However, they were concerned the reduced visibility increased the risk of misjudging the stopping point and passing their limit of authority, which would result in a signal passed at danger.8 The driver decided to use the ‘Oonoomurra’ sign, located adjacent to the down track, as a reference point to stop the lead locomotive prior to OA 25. The driver recalled they typically used the sign as a landmark where they would release the dynamic brake9 while managing the train's speed when passing straight through the Oonoomurra station.

At about 0621, the locomotive data logger recorded the driver made a brake application, with the train coming to a stop at about 0622. After stopping, the driver recalled the track alignment, and surrounding vegetation obscured their view of the train’s rear in the locomotive rearview mirror. However, they could see road traffic crossing the Landsborough Highway level crossing behind the train. The driver remarked that seeing vehicles crossing, along with their understanding the train was shorter than usual, and belief that it would be in buff10 led them to conclude the end of train 9227 had cleared the block limit board OA 16. 

The driver then radioed the NCO to provide the release code for the section11 between Cloncurry and the Oonoomurra block limit board OA 16. The NCO responded to confirm the block release and their understanding that train 9227 was intact and in‑clear12 of block limit board OA 16 on the down track at Oonoomurra station. The driver confirmed to the NCO that information was correct. 

After the block was released, the second driver recalled that they felt uneasy about the stopping point, which was around midway along the station, as the Qube procedure for the management of trains in safety‑critical zones13 nominated a target stopping point 50 m short of the block limit board (see Train working). They subsequently asked the driver if they were sure the train was in-clear, as they understood the train was typically 900 m long. 

The driver stated the train length was 824 m as they understood 3 wagons had been removed due to a load imbalance and assured the second driver the train should be in‑clear. Despite these assurances, the second driver recalled they still felt uneasy as their comparison of the stopping point, length of the train, and available standing room14 between block limit boards at either extremity of the station created doubt that the train was in‑clear. The second driver, however, did not insist the driver move the train further along the track towards block limit board OA 25.

Arrival of train 9M48

At 0626, the driver of 9M48 informed the NCO that they were moving again after another issue with the ATP, which had stopped the train about 10 km from Oonoomurra station. The driver reported that Aurizon had authorised the disconnection of the ATP system for the rest of the trip to Cloncurry station. The NCO acknowledged the ATP disconnection and then exchanged DTC codes to issue the next authority to the driver.

The driver read back the authority, which permitted them to cross train 9227 and continue through Oonoomurra toward Cloncurry stations. The authority no longer required the driver of train 9M48 to stop at the block limit board OA 18 at the western end of Oonoomurra station. The driver later said they believed the receipt of an authority was like ‘a green light’ and they had exclusive possession of the block section ahead. At about 0635, train 9M48 was travelling at about 23 km/h when it entered the eastern end of Oonoomurra station and proceeded along the up track toward train 9227. The driver of train 9M48 recalled that train 9227 appeared to have stopped short of its limit of authority but was unsure whether to contact its crew to confirm their stopping point. Earlier, the driver of 9M48 had passed 10 wagons parked at Pymurra station, presumed they belonged to Qube, and that train 9227 was likely shorter than usual and was planning to couple with those wagons.

As train 9M48 continued along the up track at a steady speed of 23 km/h, the driver recalled starting to enter the DTC codes in readiness to release the block section to the rear of their train. On passing, they waved to the crew of 9227, turned the locomotive headlight back on15 then continued toward the western end of Oonoomurra. The driver recalled the morning sky was beginning to brighten, but that it was still dark at ground level.

As train 9M48 entered a left curve at the western end of Oonoomurra, the driver recalled looking ahead to check the Landsborough Highway active level crossing, located about 200 m from the station, was free of road traffic. The driver was mindful that they had limited visibility of the crossing and approaching road traffic due to the track curvature, height of the wagons on the adjacent train and trackside vegetation.

As train 9M48 continued around the curve, the driver recalled picking up the radio handset to contact the NCO to complete the exchange of DTC codes for the return of the block when they saw wagons from train 9227 were not in-clear.16

The collision

At 0637, train 9M48 was travelling at about 23 km/h when the driver, having identified wagons from train 9227 were obstructing the track, moved the automatic brake handle to the emergency position and the throttle to idle to stop the train. The braking continued for around 30 m when, at about 17 km/h, the lead locomotive (2808) collided with the side of wagons GOAF 0060 and GOAF 0059 from train 9227. Locomotive 2808 subsequently derailed, uncoupled from the trailing locomotive and rolled onto its side (Figure 2).

Figure 2: Collision damage to trains 9M48 and 9227

Photograph showing damage to wagons of train 9227 on left track and overturned locomotive 2808 on the right track.

Source: Aurizon, annotated by the ATSB

Post‑collision

The driver of train 9M48 recalled that they were shocked by the collision and rollover and that they sustained a cut to their hand during the accident sequence. The cab was in darkness, and they were unable to see anything. They could not reach the side window on the upper side of the overturned cab and tried unsuccessfully to kick out the windscreen. The driver further recalled they tried to make an emergency radio call to the NCO, however, the train borne radio had ceased working. The equipment within the cab was disarranged and they were unable to locate the emergency window breaking hammer or their kit bag containing a handheld radio. 

At 0639, while still within the cab, the driver telephoned17 the NCO to report their train had collided with the rear wagons of train 9227 and that the lead locomotive had overturned onto its side. Shortly after, the driver became aware that 2 bystanders18 had climbed onto the side of the upturned locomotive, opened the side window and called to the driver to check on their condition. They assisted the driver’s egress by reaching down and lifting the driver through the side window of the cab. They then jumped from the locomotive and noted that it was leaking diesel fuel.

Shortly after, the NCO telephoned the driver of train 9227 asking of their awareness of the accident and to appoint them the on-site coordinator until the arrival of support personnel. The driver confirmed they were aware of an accident and that the second driver was on their way to check with the driver of 9M48. Queensland emergency services19 arrived at the accident site at 0725. 

The Mount Isa line remained closed between Cloncurry and Oonoomurra stations until being reopened to rail traffic on 21 August 2022.

Context

Train crew information

Aurizon crew
Roles and experience

Train 9M48 was crewed as a driver-only operation.20 The driver had a total of 21 years experience driving locomotives at various locations in Queensland. They had a current health assessment and met the fitness for duty criteria according to the national standard of health assessment for rail safety workers. In April 2022, the driver successfully completed an off-the-job assessment in safeworking competencies for the Queensland Rail network that included the direct traffic control system. In May 2022, the driver successfully completed an on‑the‑job assessment for locomotive driver. This assessment included sections on train operations and safeworking. 

Recent history 

Over the 7 days prior to the accident, the driver had worked 4 consecutive duty periods. The driver had recently operated train services through Oonoomurra.

On 16 August 2022, they completed a shift at 0230 and were next rostered to commence work at 2100 later that same evening. The driver was contacted by Aurizon operations staff at around 211521 to delay their start time to 2245. At 2210, the driver undertook a self-test for the presence of alcohol prior to starting their shift at the Cloncurry depot, which returned a zero result.

The driver recalled they obtained around 4–5 hours sleep and napped for around 2 hours before the telephone call from Aurizon operations staff. From commencement of their shift on 16 August 2022, the driver was on duty for approximately 8 hours. During the ATSB interview, the driver self-assessed against the Samn-Perelli fatigue scale22 that they felt ‘OK somewhat fresh’. They further described, when they were crossing another train, in this case 9227, ‘you are alert’ due to the increased task requirements they were undertaking at that time. 

Qube crew
Roles and experience

Driver at the controls

Train 9227 was crewed by 2 drivers. The driver had a total of 25 years experience driving locomotives at various locations in Queensland. In February 2022, they commenced employment with Qube. They were assessed by a mentor driver/assessor in locomotive preparation and operation as well as the safeworking competencies over multiple trips for the Hughenden to Cloncurry route. The locomotive used in the assessment was recorded as a PRL class (see Train 9227). The driver was signed off as competent in all train handling and safeworking tasks including:

  • stop the train in the correct mode (compressed or stretched) to suit the track gauge
  • operate the train in accordance with the applicable safeworking rules and procedures.

The driver had a current health assessment and met the fitness for duty criteria according to the national standard of health assessment for rail safety workers.

Second driver

The second driver23 had a total of 21 years of experience driving locomotives at various locations in Queensland. In July 2022, they commenced employment with Qube and were assessed in locomotive preparation and operation, as well as the safeworking competencies for the Cloncurry to Mount Isa and Cloncurry to Hughenden routes. The second driver had a current health assessment and met the fitness for duty criteria according to the national standard of health assessment for rail safety workers. 

The second driver was not normally rostered to work with the driver (at the controls) and had swapped a shift to work train 9227 on 17 August 2022. They stated they felt comfortable working with the driver and together they had discussed arrangements for sharing the driving and safeworking duties throughout the trip. 

Recent history 

Driver at the controls

Over the 7 days prior to the accident, the driver had worked 3 duty periods, which included afternoon and night shifts, broken by full days off. After completing their overnight shift on 16 August 2022, at 0750 they retired to a motel in Cloncurry to rest. They reported usually having difficulty obtaining sleep at the motel, due to lighting and road noise. The driver recalled waking at about 0400 on the morning of the accident and reported feeling ‘OK but not lively’. They commenced work at 0545 and had been on duty for about 40 minutes before reaching Oonoomurra station. 

Second driver

For the same period, the driver had worked 4 consecutive duty periods, which included an afternoon and a day shift with a full day off prior to the accident. The driver said they typically went to bed at 2200 and slept 5–6 hours. They had slept at home and recalled having good quality sleep, were rested and not feeling fatigued. 

Train information

Train 9M48
General

Aurizon freight train 9M48 consisted of locomotive 2808 in the lead and locomotive 2831 trailing, hauling a combination of 59 GSZY, GZSC and GSZZ class wagons. Train 9M48 provided a bulk ore freight service between Mount Isa and Stuart Yard (near Townsville) and was on the return journey to Mount Isa, with empty ore wagons. The train measured 759 m in length24 with a gross weight of 1,278 t.

2800 class locomotive

The lead locomotive was a CM30-8 diesel electric locomotive (built by A Goninan & Co.), measuring 20.4 m long, 2.87 m wide and 3.68 m high. The hood-type locomotive design featured full width cabs at both ends. Access to the locomotive was provided via fixed steps on either side of the frame and exterior walkways along both sides of the locomotive.

Access and egress for the No 1 end operator's cab was through a rear facing internal door that opened into a vestibule. External doors provided access/egress to the walkways on both sides next to the engine hood. The No 2 end operator's cab was accessed through a rear facing external door that led directly to the walkway on the ‘B’ side of the engine hood only. The locomotive was designed to be operable in either direction from the respective operator's cab. At the time of the derailment, the driver was operating the locomotive from the No 1 end (Figure 3). These access and egress pathways were also the primary emergency escape paths.25

The locomotive windscreens were made of laminated glass and not fitted with release handles to remove the windscreen in the event of an emergency. Aurizon designated the side windows of the cab as the alternate pathway for emergency egress from the enclosed space by either sliding open the window or using a glass hammer to break out the window.

The locomotive also incorporated internal and external lighting systems that included access lights and cab lighting to create a safe working environment for operating staff. The cab lighting comprised of several individually switched circuits for overhead lights, timetable lights, gauge lights and panel lights. Three overhead fluorescent lights were fitted in each cab. The lights were operated either from a cab light switch on the driver’s overhead console or a switch on the assistant driver’s console. An eyeball light and rocker switch were located over the train inspector’s seat.26

The Aurizon 2800 class locomotives, including 2808, were not fitted with emergency lighting or a back-up power supply in the event of a main battery failure. 

Figure 3: Top view of the Goninan CM30-8 diesel electric locomotive

Diagram of CM-308 locomotive showing driver's cab, vestibule access doors and walkways.

Source: Goninan & Co Ltd 1998, annotated by the ATSB 

Train 9227
General

Qube freight train 9227 consisted of locomotive PRL201 in the lead and PRL202 and PRL204 trailing, hauling a combination of 68 GQGY and GOAF class wagons27 loaded with ore. Train 9227 provided a bulk ore freight service between Mount Isa and Stuart Yard. The train length was recorded as 824 m28 and trailing mass of 5,274 t. Each PRL class locomotive weighed approximately 110 t providing a gross mass of about 5,500 t.

Locomotive PRL201

The locomotive was a GT22C-3 diesel electric locomotive (originally built by Clyde Engineering). The locomotive was equipped with a single driver’s cab at the short hood end. The driver’s console featured a control stand beside the driver and a gauge console in front of the driver (Figure 4).

Figure 4: Driving position control stand and console arrangement

Photograph of driver's cabin showing control stand and gauge console at the driving position.

Source: Progress Rail, annotated by the ATSB

The gauge console was fitted with an analogue-style digital speedometer that incorporated a distance counter function. The electronic distance counter function provided a driving aid where, once activated, it displayed the distance the locomotive subsequently travelled. This device could be used by the driver to accurately determine the distance travelled by the locomotive after activation. For example, this measurement, used in conjunction with known train and station lengths could be used by train crew to calculate whether the chosen stopping location meant the rear of the train had cleared a block section.

A variety of counter models, each with different methods of operation may be fitted to the PRL locomotive. The method of operation may be as simple as dedicated on/off buttons on the ME-149 model (Figure 5, right) or more complex requiring a level of programming via additional inputs from the driver to pre-select the correct function, as with the ME-250 model (fitted to locomotive PRL201) (Figure 5, left).

Figure 5: Models of speedometer and distance counter fitted to PRL class locomotives

Photograph showing two types of distance counter units used in the PRL class locomotive.

Source: Qube, annotated by the ATSB

The PRL class locomotive operational features and procedures were documented in an operator’s manual.29 The manual included a brief description of the controls and indications used by the operating crew. Information was provided for the ME-149 type speedometer and distance counter device. However, other than a mention of the ME-250 as an option, no information was provided on its operation.

Qube advised that training in the operation of the PRL locomotive was provided ‘holistically’. They stated that, although the speedometer/distance counter device was identified during training, specific instructions on the operation of the 2 types of counters were not provided. The driver of train 9227 identified they were unfamiliar with the operation of the more complex distance counter device and therefore did not use it as an aid during their arrival at Oonoomurra.

Environmental conditions

The driver of train 9227 recalled that the morning sun was starting to rise above the horizon upon their arrival at Oonoomurra station. They further stated that the resultant glare impeded their vision of the track toward their typical stopping point, located 50 m prior to the limit of authority. As a result, the driver chose a different stopping point. The second driver of train 9227 also recalled that the sun was just starting to rise. They described the sunrise as a ‘yellow glare’ and were required to turn their head to the side to avoid looking directly at the sun. 

The twilight and sunrise times were calculated30 for 17 August 2022 at Oonoomurra and are shown in Table 1. At the time train 9227 had stopped at the station (0622), the calculations indicated that the position of the sun was 9.34° below the horizon and the ambient light was transitioning between nautical and civil twilight.

Table 1: Twilight and sunrise times at Oonoomurra

EventTime
Local time of astronomical twilight 0544
Local time of nautical twilight 0610
Local time of civil twilight0636
Local time of sunrise0659

Source: Geoscience Australia 

Geoscience Australia defined nautical and civil twilight as:

Nautical twilight

Is defined as the instant in the morning, when the centre of the Sun is at a depression angle of twelve degrees (12°) below an ideal horizon.31 At this time in the absence of moonlight, artificial lighting or adverse atmospheric conditions, it is dark for normal practical purposes. For navigation purposes at sea, the sea horizon is not normally visible.

Civil twilight

Defined as the instant in the morning, when the centre of the Sun is at a depression angle of six degrees (6°) below an ideal horizon. At this time in the absence of moonlight, artificial lighting or adverse atmospheric conditions, the illumination is such that large objects may be seen but no detail is discernible. The brightest stars and planets can be seen and for navigation purposes at sea, the sea horizon is clearly defined.

Queensland Rail information

Mount Isa line

The Queensland Rail Great Northern Railway, more commonly known as the Mount Isa line, extended from Stuart Yard (south of Townsville) at the eastern end to Mount Isa in the west. The single line, narrow gauge32 system was 1,032 km in length, including the Phosphate Hill Branch and was constructed with 46 stations where trains could cross/pass. 

The Mount Isa line was operated by remote control signalling between Stuart Yard and Antill Plains and direct traffic control (DTC) with automatic train protection (ATP) between Antill Plains and Mount Isa/Phosphate Hill. Train movements between Stuart Yard and Mount Isa were controlled from the Queensland Rail Townsville Network Control Centre. 

The stations between Townsville and Mount Isa ranged between 1,100‍–‍1,040 m in length and were equipped with trackside location boards (block limit boards [BLBs]) that marked the limit of the respective station for trains travelling in either the up or down direction. 

Oonoomurra station

Oonoomurra was a directional travel station33 extending for 1,033 m and equipped at each end with a trailable point. The points were set to divert an approaching train to the right-side track alignment in the direction of travel (Figure 6).

The track alignment was primarily tangent and the terrain relatively flat with low open woodland vegetation trackside. Approximately 280 m prior to the western end point the track transitioned from tangent through an 805 m radius curve, before returning to tangent track at the Landsborough Highway. 

Figure 6: Oonoomurra station track alignment

A labelled Google Earth satellite image showing the track alignment and location of the trailable points and Landsborough Highway level crossing.

Source: Google Earth, annotated by the ATSB

Safeworking system
Direct traffic control

The Mount Isa line used the DTC safeworking system. The system governed the movement of rail traffic on the bi‑directional single track and through the stations. DTC operated on the principle of absolute block working and was managed by instructions contained in DTC authorities issued by the network control officer (NCO) to the rail traffic crew (driver) of each rail traffic movement. The system provided that only one rail traffic movement would be authorised to travel on any one block section, at any one time. 

The DTC territory was divided into distinct block sections. Directional travel stations, such as Oonoomurra, were equipped with trackside location boards (BLBs) that marked the limit of the respective block and station track sections (Figure 7).

Figure 7: Oonoomurra block limit boards

Line diagram of Oonoomurra station showing block limit board locations and related block sections.

Source: Queensland Rail, annotated by the ATSB

The NCO issuing a DTC authority up to a nominated BLB effectively transferred ownership of the affected block(s) from the NCO to the driver. After exiting a block, the driver could transfer ownership back to the NCO with the provision of a release code.

The transfer of block ownership was primarily through numerical codes communicated verbally between the NCO and driver. In addition, the DTC system software supplied an oversight function when generating and validating the codes. It compared the GPS location of the locomotive against the selected block(s) to be released, and those that would remain in the authority when the release was finalised. This occurred through a combination of functionality in the DTC driver workstation equipment in the locomotive cab and the controller workstation equipment in the network control centre.

The driver workstation calculated whether the current locomotive GPS location was within the block(s) that would remain in the authority after the release and, if not, triggered an alarm requiring confirmation of the release. The driver workstation functionality detected the position of the locomotive only, and did not hold information on the train length, so it could not prove the location of the rear vehicle of the train when calculating the release.

On receipt of the release code from the driver, the NCO selected the rail traffic and entered the code into the control workstation. The control workstation calculated whether the current GPS location was within the blocks that would remain in the authority after the release and, if not, displayed a prompt requiring confirmation of the release. The control workstation did hold information on the train length and used this information to confirm that the length of the train would fit within the blocks still in the authority. The control workstation did not calculate whether the train was in‑clear and therefore did not provide an alert to the NCO.

Queensland Rail standard MD-10-113 Direct traffic control manual34 summarised limitations of the DTC system. It stated that, although the system design created and validated authorities for issue by the NCO, it could not:

• detect if blocks that were currently occupied, or to be occupied, were released by the rail traffic crew or by the NCO

• detect if a block that was available to the NCO was physically unavailable for traffic for any reason such as a track defect.

Procedure for crossing rail traffic at a DTC station

DTC station working

For a cross at a directional travel station, such as Oonoomurra, the NCO relied on the rail traffic crew at the station to confirm their train was complete and in-clear within the block section being occupied. For train 9227, the crew were to confirm the rear if the train had passed BLB OA 16 at Oonoomurra. This meant the train effectively no longer occupied the Cloncurry to Oonoomurra block section.

Following receipt of confirmation and the release code from the crew, the NCO could then issue the next electronic authority, or extend an existing authority, for the opposing rail traffic to proceed and occupy the vacated block. For train 9M48, the authority would allow it to pass BLB OA 18 and occupy the Oonoomurra to Cloncurry block section.

To facilitate this, the DTC manual required rail traffic crew of rail traffic arriving at the station to:

• check the points indicator is in the normal position

• if necessary, stop the rail traffic clear of the points and reset them to the correct position

• enter the station, on the road indicated on the DTC Authority, at a maximum speed 25 km/h

• stop the rail traffic within the clearance point boards35

• make sure the rail traffic is complete

• report to Network Control Officer the rail traffic is in clear and complete and release unoccupied blocks

• check the points, and if necessary, correctly set them for the opposing rail traffic

The opposing rail traffic crew arriving at the station were to:

• check the opposing rail traffic is clear and complete

• tell the opposing rail traffic crew their rail traffic is clear and complete, or otherwise

• obtain an Authority to proceed

• proceed in accordance with the Authority

• release unoccupied blocks when clear and complete

Speed of rail traffic

The DTC manual stated that, when approaching a station, the driver was to reduce rail traffic speed to a ‘controlled speed’. The Queensland Rail standard MD‑10‑107 General operational safety manual36 defined controlled speed as: 

…a speed that allows rail traffic to stop short of an obstruction within half the distance of clear line that is visible ahead.

Arriving at a station where the driver was to stop at a limit of authority, such as BLB OA 18, the driver was to travel at a maximum speed of 25 km/h through the points at the entrance then manage the train speed to stop at the limit of authority. If travelling through the station in accordance with the authority, the driver was to travel at a maximum speed of 25 km/h until the whole rail traffic had passed through the points and turnout curve both at the arrival and departure of the station.

Procedure for checking rail traffic in-clear and complete

MD-10-107 required that, when rail traffic was stopped at a station in single line bi‑directional territory (such as the Mount Isa line) to cross other rail traffic, its crew must check the rail traffic was complete and in-clear by:

• verbal confirmation of another who can see the rear of train signals, or

• visually determining the correct rail vehicle is at the rear of the rail traffic, or

• the correct number of rail vehicles are on the rail traffic, or

• carrying out a brake pipe leakage test

Note: A rail traffic driver may assume the rail traffic is complete if the Brake Pipe Leakage Test is successful.

• make sure the rail traffic is in clear by comparing the length of the rail traffic with the capacity of the main line or loop

• if rail traffic is not in clear, tell Network Control Officer and rail traffic crew of opposing rail traffic

• protect the rail traffic, if necessary.

For an unattended directional travel station, such as Oonoomurra, the driver of the first rail traffic to arrive could satisfy the requirements for ensuring their train was complete by conducting a brake pipe leakage test. For checking the train was in‑clear, they could: 

  • compare the stopping point, train length and the available track length at the station, or 
  • count the distance travelled by the locomotive after entering the station and compare the available track length at the station. 

The crew of the second rail traffic to arrive could satisfy the requirement for checking their train was in‑clear and complete through the receipt of verbal confirmation from the first rail traffic crew indicating that they had sighted the end of train marker on the second rail traffic.

If the crew of the second rail traffic to arrive found the first rail traffic not to be in-clear of the track ahead, the crew were to:

• stop clear of other rail traffic

• tell rail traffic crew of other rail traffic their rail traffic is not in clear.

The crew of the first rail traffic were to then pull in-clear of the opposing track, if possible. There was no requirement for the rail traffic crew of either train to advise the NCO. 

If the second crew found the first rail traffic to arrive was not complete, they were to tell the other crew and notify the NCO. The NCO was then to check the location of all rail vehicles and make sure the section was clear. The second crew were not to proceed until authorised by the NCO.

There was also no requirement in the procedure for train crew to use the reading from a distance counter device to crosscheck that the locomotive had travelled a sufficient distance to ensure the rear of the train was in‑clear. In the absence of an accurate measurement of the distance travelled by a locomotive on entering a station, a variety of alternative methods were available to a driver to confirm their train was in-clear including: 

  • selecting a stopping point as close as practicable to their limit of authority
  • using a familiar landmark that worked previously for a train of similar length
  • a calculation using the estimated distance travelled after entering the station or the estimated distance remaining to the limit of authority in conjunction with the train and station track lengths.

Qube information

Train working 

The Qube crew of train 9227 were required to follow the applicable Queensland Rail safeworking rules, such as ensuring a train was in-clear and complete at a station, as well as other instructions implemented by Qube when stopping their train at a limit of authority. 

Qube procedure, PCE-216 Two-person train crewing, described the responsibilities and authorities applicable to the train crew.

The train driver operating the train service was responsible for:

• Delegating duties to the train driver’s assistant and ensuring that these duties are performed to the required standard.

• Carrying out their activities in accordance with all QLRS [Qube], track access provider [in this instance Queensland Rail] and legislative requirements.

The train driver’s assistant was responsible for:

• Carrying out their activities in accordance with the train driver’s instructions and all QLRS [Qube], track access provider [in this instance Queensland Rail] and legislative requirements.

• Completing safe working documentation if qualified to do so

• Communicating with the track access provider and CSC [Qube Customer Service Centre] when required and efficient to do so – this allows the train driver to concentrate on operating the train.

The procedure highlighted that both members of the train crew had shared, and equal responsibility for the safe operation of the train including:

• The communication and implementation of safeworking requirements

• The communication of information about route conditions, signalling aspects and limits of authority.

• Ensuring that the train is managed in accordance with proceed authorities, gradients and speed signs.

• Ensuring that safeworking documentation is completed including recording authority numbers.

Each member of the train crew was authorised to challenge the other if they believed that approved procedures were not being followed. If resolution could not be achieved and safe operations implemented, the Qube Customer Service Centre was to be contacted immediately.

The importance of communication between crew was highlighted, particularly for the safe operation of trains within the safety‑critical zone approaching a limit of authority, to prevent a signal passed at danger incident.

Approaching a location board, such as BLB OA 25 at Oonoomurra station where there was a planned stop, the crew were to:

  • crosscheck the limit of authority
  • agree where the train was to stop
  • prioritise the task of stopping the train at the stopping location
  • ensure the train was operated in a manner to guarantee the train would stop at the desired location.

To ensure the train stopped at the desired location, the train crew were to reduce train speed to not more than 15 km/h at a minimum of 200 m in advance of the stopping point. The train was then to be advanced at no more than 15 km/h until the stopping point was reached. 

The stopping point was defined as:

A stopping point is a point 50 metres in advance of a signal, track circuit, clearance point, yard [or station] limit board, etc that indicates that a stop is required.

After the crew stopped the train at the desired location, they were to continue to implement the procedural requirements detailed in the Queensland Rail safeworking rules for DTC territory to ensure the train was in-clear and complete before returning ownership of the block section to the rear of the train, in this instance the Cloncurry to Oonoomurra block section. There was no requirement for the train crew to use the distance counter device to verify the locomotive had stopped with sufficient distance for the rear of the train to have cleared a control point.

After returning the ownership of the block section to the NCO, the crew had discussed the stopping point and whether the train was in‑clear. Although the second driver remained unsure, there was no discussion on moving the train forward toward the limit of authority or contact made with the Qube Customer Service Centre.

Rail safety worker competency

The procedure for rail safety worker assessment and certification37 defined the method for maintaining competence and certification to meet Qube, regulatory and track access provider standards. The training requirements for each grade of driver were detailed in a training plan. The plan included accredited Australian Quality Framework requirements and recognition of prior learning of competencies gained through formal study and work experience. Each stage of training included:

• off job training and off job training assessment

• on job training exercises

• a period of on job application

• assessment of competence. 

Competence was assessed against a train operations performance checklist38 that listed a range of tasks that checked the knowledge and skills of the worker against the competencies required for the rail safety work being undertaken.

The checklist included the DTC system of safeworking,39 which encompassed driver knowledge of the rules and procedures contained in MD-10-107 and PCE-216.

Aurizon information

Train working

The Aurizon driver working 9M48 was required to follow the applicable Queensland Rail safeworking rules, as well as other instructions implemented by Aurizon. The driver had an authority to travel through Oonoomurra and was to implement the procedural requirements detailed in the safeworking rules for DTC territory to affect the cross with train 9227.

Emergency response

The Aurizon emergency response guide40 provided rail traffic crew with information for their response to an emergency, such as a collision or derailment. A key element was to immediately report the emergency to the NCO and to provide sufficient information to enable an appropriate and timely response. After alerting the NCO, the crew were to contact the Aurizon live run operations centre to report the emergency.

The guidance reinforced that, in an emergency the primary responsibility of the crew was to protect their own safety, and, within the limits of their safety and training, that of any other person, followed by the rail traffic that they were responsible for. In the event of an emergency, such as a fire or locomotive rollover, the guidance noted that emergency egress may not be possible by the normal route. Alternative exits varied between locomotive classes as some may be fitted with glass breakout hammers for the side windows, while others were fitted with release handles for front windscreen removal. The guidance noted that in some classes of locomotive (such as the 2800) the windscreen was not an alternative exit path due to it being toughened laminate with no release handles.

Accident site information

The lead locomotive of train 9227 stopped about 317 m before the limit of authority at BLB OA 25 (Figure 8). The last 8 ore wagons of the train consist (extending approximately 86 m in length) did not clear BLB OA 16. The Cloncurry to Oonoomurra block section remained occupied and the trailable points at the western end (adjacent to the ‘trailable point indicator’ in Figure 9) of the station were fouled by the wagons from train 9227. 

Figure 8: Stopping location of the lead locomotive from train 9227 from the limit of authority at BLB OA 25

Photograph showing stopping location of the lead locomotive of train  9227 relative to the position of block limit board OA 025.

Source: Aurizon, annotated by the ATSB

Figure 9: Rear portion of train 9227 showing the wagons were not in-clear of BLB OA 16

Photograph showing the stopping location of wagons of train 9227 relative to the position of block limit board OA 16.

Source: Aurizon, annotated by the ATSB

The leading corner of the modular cab and chassis of the lead locomotive (2808) on train 9M48 collided with the wagons of train 9227. The 65th wagon (GAOF 0060) was first impacted, approximately mid-way along its length, damaging the side bolsters. The convergence in the track alignment toward the trailable points increased the force of the collision until the leading corner of wagon GOAF 0059 was impacted. The side of the wagon was breached and some of the contained zinc concentrate spilled onto the track. None of the wagons on train 9227 derailed.

During the collision, the lead locomotive (2808) of train 9M48 derailed, uncoupled from the trailing locomotive and rolled onto its ‘A’ side coming to a stop on the right side of the track in the direction of travel (Figure 10). The locomotive diesel fuel tank was ruptured and fuel was spilled. There was no post‑impact fire.

Figure 10: Derailed and overturned lead locomotive 2808 of train 9M48 

Photograph of the derailed and overturned lead locomotive of train 9M48 relative to the trains trailing locomotive and rear wagons of train 9227 on the adjacent track.

Source: Aurizon, annotated by the ATSB

Survivability aspects

Post‑accident egress from locomotive 2808 of train 9M48 

The driver was ejected from their seat onto the ‘A’ side wall/window. The diesel engine had shut down, and electrical power was supplied from the locomotive main battery bank only. The driver reported that the cab was in darkness, was disarranged, the train borne radio was not working, and they were unable to locate the handheld radio. The survivable space within the modular cab was not compromised and the cab remained attached to the locomotive subframe. 

The escape paths available to the driver at the No 1 end of the locomotive were via the rear‑facing internal door (the normal access and egress route) that led to the internal vestibule area, then through the external door leading to the walkway on the ‘B’ side of the engine hood. An alternative emergency exit was located at the assistant driver’s side sliding window. The side windows were the designated emergency evacuation points from the enclosed cab of a 2800 class locomotive. An additional path may be available via the vestibule and external door on the ‘A’ side of the engine hood, however, this egress point was located under the overturned locomotive (Figure 11).

Figure 11: Locomotive 2808 emergency exit pathways

Diagram of the driver's modular cab layout showing emergency exit pathways via doorways and vestibule areas.

Source: Goninan, annotated by the ATSB

The driver reported they did not attempt to egress via the rear facing door into the vestibule area but initially attempted unsuccessfully to kick out the windscreen. They then considered egress via the assistant driver’s side window (alternative pathway) that was situated on the high side of the overturned locomotive cab. However, they were unable to reach the alternative pathway. Following the arrival of bystanders, the driver was able to egress via the side window with their assistance. The driver and bystanders then jumped from the side of the locomotive onto a ballast mount located at the front of the locomotive (Figure 12).

Figure 12: Overturned lead locomotive of train 9M48

Photograph showing front view of the derailed and overturned lead locomotive of train 9M48.

Source: Aurizon, annotated by the ATSB

The lead locomotive of train 9M48 (2808) was fitted with window breaking hammers for the train crew to access the outside of the vehicle in an emergency. Hammers were fitted to the overhead console above the driver and assistant driver positions. Each hammer was attached by a short tether to the mount.

The 2800 class locomotive was not fitted with any purpose-built footholds or climbing arrangements either internal or external to the cab to assist rail traffic crew egress via the alternative pathway or to assist with descending the outside of the locomotive.

Locomotive emergency egress standards
Overview

Rolling stock operators, as the risk owner, were to provide for the effective management of safety risks associated with their railway operations through the implementation of a safety management system. The system encompassed the identification of hazards and the assessment of risk, and the implementation of risk control measures to address those risks. Control measures included the application of standards, codes of practice, guidelines and rules that were either developed individually to address the organisation’s unique operations or operational requirements, adopted from Rail Industry Safety and Standards Board (RISSB) products, or a combination of both.

RISSB was the accredited standards development organisation for the rail industry in Australia. RISSB collaborated with its rail industry members to promote best practices by the provision of a catalogue of publications including standards, codes of practice, guidelines and rules. 

To develop publications, RISSB relied on input from the rail industry to ensure the products best reflected the needs of stakeholders. RISSB sought nominations from rail industry subject matter experts to form development groups, tasked to deliver the products. Standards were developed following an 8-step process, and in compliance with the requirements of Standards Australia SG-003: Standards & Other Publications.

RISSB also published a hazard register that was available to member organisations for reference when undertaking their organisation’s risk assessment process. RISSB noted that it did not own the hazards/risks and therefore could not mandate associated controls or actions, as the responsibility was with the relevant organisation using the product.

The RISSB hazard register broadly grouped content under rolling stock, infrastructure and operational‑related hazards. Further subgrouping defined the source, precursors and related factors. An identified source associated with rolling stock was ‘evacuation hazards’. Several precursors were listed against this source including derailment, track failure, track obstructions or environmental impact. There were 44 related factors (hazardous events/publishable consequences) associated with evacuation hazards including:

  • evacuation capacity of exit(s) being inadequate
  • no instructions being provided, so persons do not know how to evacuate
  • exits being out of reach (for example, overturned vehicle) preventing safe exit
  • no exit being available
  • being unable to operate exits.

Each of these factors was linked to an evacuation not being successfully initiated or unable to successfully evacuate.

Australian industry standards

Railway rolling stock access and egress

The purpose of the rolling stock Access and Egress (AS 7522:2021) standard was to describe:

…the requirements for access and egress of workers and passengers on locomotives, freight, passenger, and infrastructure maintenance (track machines) rolling stock.

The main purpose of the requirements is to provide safe, efficient, equitable and dignified access and egress, and to minimize risks to passengers and workers associated with access and egress, emergency evacuations, and requirements for people with disabilities.

The scope was expanded from the previous version (AS 7522:2012), to make the standard applicable to existing rolling stock as well as modified and new locomotives, freight, passenger and infrastructure maintenance rolling stock. Compliance with the standard referenced the 4 types of provisions (requirements, recommendations, permissions and constraints) typically contained within the Australian Standards developed by RISSB.

The adoption of all requirements (identified by the term ‘shall’) was mandatory for claiming full compliance with the standard. Recommendations (identified by the term ‘should’) was a preferred option but did not exclude other possibilities. The standard also stated:

For compliance purposes, where a recommended control is not applied as written in the standard it could be incumbent on the adopter of the standard to demonstrate their actual method of controlling the risk as part of their WHS or Rail Safety National Law obligations. Similarly, it could also be incumbent on an adopter of the standard to demonstrate their method of controlling the risk to contracting entities, or interfacing organisations where the risk may be shared.

RISSB Standards address known hazards within the railway industry. Hazards, and clauses within this Standard that address those hazards, are listed in Appendix B.

The hazardous events/publishable consequences controlled by the standard (listed in Appendix B of the standard) were related to fires and slips, trips or falls. None of the listed hazardous events related to the evacuation hazards from locomotives or passenger rolling stock.

The section titled Emergency evacuation contained requirements and recommendations relevant to locomotive, freight, passenger and infrastructure maintenance rolling stock. For locomotives, several requirements were stated including:

Enclosed cabs of rolling stock shall be fitted with sufficient emergency exits to provide escape paths to the vehicle exterior when the vehicle is upright and when overturned on the side.

In the previous version (AS 7522:2012), when discussing egress from new and modified rolling stock, the standard stated that:

A suitable solution is for emergency exit windows on each side and another emergency exit either in the front or rear of the compartment.

This reference was removed from the 2021 version of the standard.

The section titled Emergency exits recommended emergency exit windows should have a built-in lever, handle or another device such as a breakout hammer. The section also included a recommendation that:

Emergency exit performance shall be verified in a type test.

Lighting and visibility

The purpose of the Lighting and Visibility (AS 7531:2015) standard was to describe the requirements for lighting and rolling stock visibility. The scope was applicable to new and existing locomotive, freight, passenger and infrastructure maintenance rolling stock. The adoption of requirements and recommendations was the same as other RISSB rolling stock standards if claiming compliance.

The standard defined the requirements for normal and emergency interior lighting. For emergency interior lighting, the standard stated:

Spaces (cabins, rooms, vestibules, aisles etc.) on locomotives, passenger rolling stock, and infrastructure maintenance rolling stock where people may be enclosed in during operation, shall have emergency lighting.

Emergency lighting was defined as:

Lighting, powered from a separate source (e.g. battery) to the vehicle's main power source, providing illumination for evacuation purposes.

Several additional emergency lighting requirements were specified, however, they were only applicable to new and modified locomotives, and not existing locomotives.

The hazardous events/publishable consequences (listed in Appendix A of the standard) controlled by the standard were related to poor visibility of train and work health and safety hazards due to inadequate illumination. One of the listed hazardous events related to an evacuation hazard arising from an inability to locate exits and being unable to reach an exit safely or unable to successfully evacuate.

After the accident, on 21 December 2023, RISSB published AS 7531:2023, Rolling stock lighting and visibility, superseding AS 7531:2015. The objective was similar to the previous version. Notably, the scope was amended to be applicable to new and modified self-propelled locomotive, freight, passenger, road rail vehicles and infrastructure maintenance rolling stock. Reference to ‘existing’ rolling stock was deleted. Like the previous version of the standard, hazardous events controlled by the standard were listed (Appendix A of the standard). However, none of the listed events related to hazardous events associated with an emergency evacuation.

Aurizon rolling stock standards

General

Aurizon developed a catalogue of rolling stock standards to address its unique operations and risk management programs. The standards detailed the requirements to attain the desired performance and to manage hazards that might arise during operation of the rolling stock. The standards referenced related documents including the Australian industry standards published by RISSB.

The requirements to manage hazards that rail traffic crew may be exposed to when egressing a locomotive in an emergency were contained in several Aurizon standards including:

  • 07-STD-003-RSK Emergency equipment carried in rolling stock 
  • 07-STD-004-RSK Rolling stock interior environment 
  • 07-STD-009-RSK Rolling stock structural requirements 
  • 07-STD-013-RSK Rolling stock fire performance. 
Emergency equipment carried in rolling stock 07-STD-003-RSK

Aurizon standard 07-STD-003-RSK, published with an effective date of 3 October 2017, defined the key requirements for the emergency equipment that must be carried to manage risk in the event of an accident, obstruction or mechanical failure involving rolling stock. The equipment was to facilitate the provision of protection for the train when stopped on the track, first aid, fire suppression and evacuation. 

The standard included a list of required equipment and included flags, audible track warning devices, signal lamp, hand torch, wheel chocks and clips, and specifications of the equipment. For example, the hand torch was specified as an electric waterproof torch capable of maintaining one candela of white light continuously for 5 hours.

For an evacuation, the requirements specified:

On existing rolling stock, a window breaking hammer shall be accessible for every worker occupied glassed area that does not have emergency access to the outside of the vehicle as per AS 7522, Railway Rolling Stock, Access and Egress.

At the time of publication of the Aurizon standard, AS 7522:2012 Railway Rolling Stock Access and Egress – Part 1 Locomotive Rolling Stock, was current. This standard was superseded, and the 2021 version was current at the time of the derailment of train 9M48. The construction of the 2800 class locomotives occurred prior to the publication of both 07‑STD‑003‑RSK and AS 7522:2021. 

Rolling stock interior environment 07-STD-004-RSK

Aurizon standard 07-STD-004-RSK defined the interior environment requirements for locomotives related to noise, vibration, air quality and non-ionising radiation, and magnetic fields. Under the heading ‘air quality’, the standard identified:

Interior lighting systems shall comply with applicable parts and sections of AS 7531 Railway Rolling Stock - Lighting and Rolling Stock Visibility.

Standard 07-STD-004-RSK was published with an effective date of 3 October 2017. At the time of publication, AS 7531:2015 Lighting and Visibility, was current.

The construction of the 2800 class locomotives occurred prior to the publication of 07‑STD‑004‑RSK and AS 7531:2015. 

Rolling stock structural requirements 07-STD-009-RSK

Key requirements of standard 07-STD-009-RSK were for the structure and attachments of rolling stock to withstand normal train forces and the minimisation of risk of injury during a collision and derailment. In a derailment, the locomotive was, as far as practicable, to remain coupled, upright and resist jack-knifing. In the event of a rollover onto its side, the cab structure design was to maximise protection to the train crew by:

…..supporting the weight of the locomotive (including the bogies) in the situation when the locomotive is resting on its side without exceeding the critical design stress in the main supporting members, assuming the locomotive is supported on the edge of the underframe and at the cantrail of the cab.

Rolling stock fire performance 07-STD-013-RSK

Aurizon standard 07-STD-013-RSK, published with an effective date of 3 October 2016, described that fire safety performance of rolling stock was not solely determined by the fire resistance of materials used but included vehicle design, occupant response, ease of evacuation, and detection and suppression. The standard applied to existing rolling stock that was proposed to be operated under changed operational conditions, that was to be modified, and any new rolling stock introduced into operation. A key goal of the standard was to assist staff and emergency service operations in response to a fire.

The vehicle design methods considered fire prevention, suppression/retardation and the protection of people. For the protection of people, the standard detailed 25 requirements including:

• Exit design to have adequate capacity to evacuate all persons onboard within a suitable time….

• Adequate normal and emergency lighting levels be provided - refer AS 7531.1 Railway Rolling Stock - Lighting and Rolling Stock Visibility – Locomotive Rolling Stock and AS 2293.3, Emergency Escape Lighting and Exit Signs for Buildings - Emergency Escape Luminaries and Exit Signs

• Emergency lighting to be provided along exit paths and at all emergency exits.

• Back-up power supplies to have adequate capacity to provide required power output for suitable period of time.

• Assist staff and emergency service operations

• Provide emergency exits accessible from outside the vehicle for use by emergency service personnel to gain entry to the vehicle

• Communication systems to have back-up power supply.

Existing locomotives that complied with recognised national and international rolling stock fire standards (such as AS 5062 Fire Protection for Mobile and Transportable Equipment) were deemed to comply with the standard, subject to certain qualifications contained in the appendix. The qualification related to the provision of emergency lighting stated:

Emergency lighting to comply with the requirements of 07-STD-004-RSK, Rolling Stock Interior Environment, instead of the prescribed requirements

There were no qualifications related to emergency exits or backup power supplies for emergency lighting or communication systems. 

Standard 07-STD-013-RSK included a reference to the superseded Australian Standard AS 7531.1. The content of AS 7531.1 had been consolidated into standard AS 7531:2015 Lighting and Visibility, which was the current standard at that time.

Risk management

In order to ensure the safety of operations, the Office of the National Rail Safety Regulator’s Guideline, Safety Management System (2019) stated that: 

…an RTO [rail transport operator] must eliminate or minimise risks to safety SFAIRP [so far as is reasonably practicable]…Risk management is a critical activity and the SMS [safety management system] supports the management of risk to ensure that risks are identified, assessed, eliminated or controlled.

Specifically, risk assessments should:

  • identify all reasonably foreseeable risks to safety arising from railway operations, under both normal and abnormal conditions 
  • analyse the identified risks, including specification of the control measures to be used to manage those risks 
  • evaluate whether the identified risks have been managed so far as is reasonably practicable, or whether further treatments are required.

Aurizon had a risk management framework as part of its safety management system. However, it was unable to provide risk assessments or other documentation that evaluated the effectiveness of the emergency exit and equipment arrangements provided in the 2800 class locomotive in addressing the known evacuation hazards to workers egressing from an overturned locomotive in an emergency. 

Similar occurrences

The ATSB has investigated several occurrences that identified common safety factors associated with the application of the DTC system of safeworking and crew survivability following the derailment and rollover of a locomotive. The crew survivability safety factors pertained to the access and egress arrangements following an emergency, particularly the associated hazards to rail traffic crews, from the derailment and rollover of locomotives.

ATSB investigation RO-2015-028

On 27 December 2015, Aurizon train 9T92 derailed on the Mount Isa rail line near Julia Creek, Queensland, after entering a section of track where floodwaters had overtopped the track and scoured the ballast and formation. Locomotive 2814 (a 2800 class locomotive) derailed and rolled onto its ‘A’ side. The train was crewed by 2 drivers. A third driver was also travelling in the locomotive cab to obtain route knowledge along various track sections. Following the derailment and rollover, the train borne radio failed and communications with network control were lost. 

To exit the locomotive cab crewmembers initially tried to smash the windscreens using the breakout glass hammer. After this failed, the crew assisted each other to climb from the locomotive cab through the assistant driver’s side window and onto the ‘B’ side of the locomotive cab.

The ATSB’s investigation identified that the Aurizon emergency egress arrangements for rail crew from the 2800 class locomotive were not effective in all foreseeable circumstances. In response, Aurizon advised that it continued to reassess the emergency evacuation procedures, locomotive windscreens and secondary communication options/opportunities.

ATSB investigation RO-2018-006

On 27 February 2018, Pacific National train 9221 and Aurizon train 9T66 collided while completing a scheduled train cross at the western end of the Oonoomurra station on the Mount Isa line, Queensland. Train 9221, travelling in an easterly direction toward its limit of authority at BLB OA 25, had stopped on the down track at Oonoomurra station. The driver then released the rear block section to the NCO.

The NCO subsequently extended the authority of train 9T66, travelling in a westerly direction, to continue through Oonoomurra toward Cloncurry station. Train 9T66 was travelling at about 25 km/h as it rounded a sweeping left curve at the western end. The crew then sighted 3 empty container wagons at the rear of train 9221, with the last wagon obstructing the single line track section ahead.

The driver made an emergency brake application but was unable to avoid a collision. The collision caused minor damage to the lead locomotive of train 9T66 and the last wagon of train 9221. There was no injury to the rail traffic crew of either train.

The ATSB’s investigation identified the on-board information system (distance counter) on the lead locomotive of train 9221 was faulty and displayed an incorrect measurement to the driver. The driver relied solely on the readout to determine whether the train was clear of the track block section to its rear. The crew of train 9T66 were, as they passed train 9221, observing the wagons on the adjacent train, but it was not until the track alignment transitioned to straight that the crew sighted the wagons obstructing the track ahead. Despite making an emergency brake application, a collision was unavoidable.

In response, Pacific National undertook several actions related to the verification of on‑board systems and reinforced procedures associated with the active identification of a stopping location (stopping point).

ATSB investigation RO-2020-014

On 28 July 2020, a planned cross was to occur between Aurizon train 9261 and road rail vehicle ZH42 at Sellheim station on the Mount Isa line, Queensland. Train 9261, travelling in an easterly direction toward its limit of authority at BLB SM23 stopped at an information sign location, as required by local procedures. The driver then released the block section to the train’s rear to the NCO.

The NCO subsequently extended the authority of ZH42, travelling in a westerly direction, to continue through Sellheim station toward Charters Towers.

The driver of ZH42 advised the release code was available but that they were stationary at BLB SM16, as the rear of train 9261 was not in-clear. The driver of ZH42 estimated that 2 and a half wagon lengths (at the rear of 9261) were occupying the block section ahead.

In response, Queensland Rail undertook a risk assessment of the information signs at Sellheim station and subsequently moved the signs approximately 134 m east of the first location. Queensland Rail also started a program of works to find locations on the Mount Isa line and other lines where inconsistencies existed between the trackside infrastructure and the information contained in route maps, signalling arrangement diagrams and the DTC software. 

ATSB investigation RO-2022-003

On 23 February 2022, Aurizon train Y279 derailed on the North Coast rail line near Traveston, Queensland, after entering a section of track where floodwaters had overtopped the track and scoured the ballast formation. Locomotive 2811 (a 2800 class locomotive) derailed and rolled onto its ‘A’ side. The train was crewed by a single driver. During the derailment and overturning, the driver was ejected from their seat, fell across the cab to the assistant driver’s side and landed on their back in water that had entered the cab. The cab was in darkness and equipment disarranged. The driver was able to self-extricate from the locomotive cab via the rear facing door but due to widespread flooding, there was a significant delay before the arrival of emergency services to assist the driver. 

The ATSB’s investigation identified that Queensland Rail weather‑related alarm response procedures were ineffective in providing network operations personnel with timely notification of a flood event. Additionally, although the driver did not use an emergency exit following the derailment and rollover of locomotive 2811, the Aurizon emergency egress arrangements for rail crew from the 2800 class locomotive were not effective in all foreseeable circumstances. The ATSB subsequently provided a safety issue to Aurizon (RO-2022-003-SI-04).

In response to this safety issue, on 25 April 2025, Aurizon advised the ATSB that it had developed an access and egress compliance strategy to outline the steps it was taking to align its diverse locomotive fleet to the requirements of the RISSB Australian Standard Access and Egress (AS 7522:2021). Aurizon further advised it was actively participating as a member of the RISSB development group to review AS 7522. Additionally, per Aurizon's compliance strategy, when the standard has been agreed and published, Aurizon reported it would review and update its engineering standards as relevant, assess rolling stock compliance, and implement agreed solutions.

Safety analysis

Introduction

On 17 August 2022, 2 freight trains were planned to cross at Oonoomurra station. The driver of the first train to arrive stopped their train at the station and reported to the network control officer (NCO) it had arrived and was clear of the block section to its rear. However, several wagons from the train still occupied the block section. 

The NCO then contacted the driver of the second train and extended their authority. The authority allowed the driver to continue through Oonoomurra station. As the driver rounded a sweeping left curve at the western end, they saw wagons from the other train were obstructing the block section ahead. The driver made an emergency brake application but was unable to avoid a collision with the side of the wagons. The lead locomotive derailed, uncoupled from the trailing locomotive and overturned. The driver sustained a minor injury.

This analysis will discuss factors associated with selection of the stopping point by the driver of the first train to arrive, local environmental conditions at the western end of Oonoomurra station and the application of the direct traffic control procedures. It will then discuss other factors identified during the investigation that increased safety risk to the crew following the derailment and rollover of a locomotive.  

Stopping point

The cross between trains 9227 and 9M48 was initially planned to occur at Cloncurry station but was changed due to the late running of train 9M48. This change meant the driver of 9227 was now required to stop at Oonoomurra station. 

The driver stated that, when undertaking a cross, they would typically aim to stop the locomotive around 50 m from the limit of authority. However, sun glare had reduced their visibility of the track ahead, and the limit of authority block limit board (BLB) OA 25. Although both crew of train 9227 commented on the presence of sun glare on arrival, this was inconsistent with the observations of the ambient light conditions by the driver of train 9M48 and the Geoscience Australia calculations of the sunrise time at that location.

Regardless of the extent of the ambient environmental conditions present at that time, the driver was concerned they could misjudge the available braking distance to the limit of authority, potentially leading to a signal passed at danger. The driver chose an alternative trackside landmark (Oonoomurra location sign) for their stopping point reference. The sign was a familiar landmark to the driver (prior to BLB OA 25) and was situated adjacent to the track on the driver’s side of the locomotive, and likely relatively visible to the driver. 

After stopping and providing the release to the network control officer (NCO), the crew of 9227 then discussed the train length and the assistant driver’s concern that the stopping point meant the train may not be clear of the single line block section to the rear. The driver could not see the rear of the train in the locomotive mirrors due to the track alignment and surrounding vegetation but could see road traffic travelling over the level crossing. Although the level crossing was located approximately 200 m from the western end of the Oonoomurra station, the driver believed sighting the road traffic supported their conclusion that the train was in-clear. 

This, combined with the belief the train was shorter than usual, likely influenced the driver’s decision to not move the train closer to their typical stopping point within a station, around 50 m from the limit of authority. Although the assistant driver was uneasy about the stopping point, they did not insist the driver move the train closer to the limit of authority.

On this occasion, the driver based their decision on whether the train was in-clear on several assumptions. These were not verified by other means, particularly as the distance travelled after entering the western end of Oonoomurra was not measured or estimated. The locomotive remained stopped at a point about 317 m from the limit of authority with the rear of train 9227 occupying the block section between Cloncurry and Oonoomurra.

Contributing factor

To mitigate the potential of exceeding their limit of authority, the driver stopped train 9227 at a location about 317 m from block limit board OA 25. However, they then erroneously determined their complete train had passed block limit board OA 16. This resulted in the block section between Cloncurry and Oonoomurra remaining occupied by the rear of the train when they passed ownership of the block section to the network control officer, which was not in accordance with the procedure for when crossing rail traffic.

Driver expectation

When the driver of train 9M48 was advised that the location of the cross with train 9227 had changed from Cloncurry to Oonoomurra stations, they received an authority to stop at OA 18 at the western end of Oonoomurra station. However, prior to their arrival, they received an extension to their authority to continue through the station. This meant that the driver was no longer required to stop at OA 18 and they would be controlling their train speed through the station to satisfy the specified applicable maximum speed of 25 km/h. 

The method of safeworking on the Mount Isa line was direct traffic control (DTC). Under the DTC system the ownership of block section resided either with the NCO or the rail traffic crew. The system specified that only one train movement would be authorised to travel on any one block section, at any one time. 

The driver of 9M48 had an authority to enter the Oonoomurra to Cloncurry block section and held the belief that they had exclusive possession. Although this understanding was consistent with the absolute block working method of safeworking on the Mount Isa line, it did not mean that the track within the block was physically available and clear from any fault or obstruction. That is, an authority under the DTC system was not a ‘green light’ for the availability of the track. 

To address a potential obstruction from rail vehicles, the rules required the driver of train 9M48 to check that all vehicles of the other rail traffic had cleared the block section, before they entered. 

The driver was cognisant of the need to check the rear of train 9227 and advise its crew that it was in-clear and complete. The driver recalled that, when approaching train 9227 at 23 km/h, the train seemed to have stopped short of its limit of authority, but rather than contacting the opposing train crew they assumed the train was shorter than normal. While the driver recognised an anomaly with the location of train 9227, they discounted it and likely continued with the expectation that having received their authority all the rail vehicles from train 9227 were in-clear, the train continued at a speed below the specified maximum in the DTC rules.

When the track alignment transitioned from the left curve to straight on approaching the Landsborough Highway level crossing, the driver sighted the rear wagons of train 9227 obstructing the track. On identifying the obstruction, the driver applied emergency braking but there was insufficient distance available for them to stop the train and avoid a collision.

Contributing factor

The driver of 9M48 in receipt of an authority expected the track ahead to be clear and continued through the Oonoomurra up track at a speed of 23 km/h. Local geographic and ambient conditions meant the driver did not see the occupied track section ahead at a distance sufficient to enable them to stop their train and avoid a collision.

Direct traffic control train cross procedures

When undertaking a cross, the Queensland Rail procedures for DTC method of safeworking required the crew of the first train to arrive to approach the station at a controlled speed and then proceed at a maximum of 25 km/h until their train had completely traversed the points. Once stopped just prior to the limit of authority, they were to ensure their train was positioned in-clear and complete at the location. Similarly, for the second rail traffic to arrive, the crew were required to approach at a controlled speed, then proceed at 25 km/h and stop at their limit of authority. When stopped, the crews of both trains had time available to check the opposing train was in‑clear and complete, and communicate with its crew, before contacting the NCO to pass ownership of the applicable block section. This likely addressed the collision hazard from the first train not being in-clear and complete. 

However, requiring both trains to stop when crossing at every location would likely be impractical, as it could introduce additional time delays and operating costs to train services. Therefore, to facilitate traffic flow, the procedures enabled the NCO to extend a limit of authority, allowing the driver of the second train to continue through the station at 25 km/h without stopping. Although, the procedure still required them to check the opposing train was in-clear and complete. 

It was noted that the DTC workstations did not have functionality to trigger an alarm for the NCO if the rear of the first rail traffic was not clear when the block section was released to them. This meant, an error by one crew in providing a release code when their rail vehicle was not in-clear increased reliance on the second (opposing) crew checking the other rail traffic to detect the occupied block section in sufficient time to avoid a collision. Therefore, correct implementation of the DTC procedures by the first crew to arrive was important, as the NCO had limited information available to independently verify a train or portion of a train was in-clear before transferring ownership of a block section to the second crew to arrive. 

While the second rail traffic travelling at 25 km/h reduced the potential for a collision, it did not eliminate the risk. Situations arising from adverse environmental conditions or track alignment could reduce a driver’s opportunity to sight the vehicle(s) of the opposing train in sufficient time to avoid a collision. This was the case for this, and a similar accident that occurred on 27 February 2018 at the western end of Oonoomurra. 

Further reducing speed by requiring the second train to then travel at a controlled speed toward the western end of Oonoomurra station would likely be operationally impractical, given the sighting distance available, and the effective response times of a train’s braking system. The controlled speed required would likely be so low the crew would effectively be required to stop, negating any benefit from the extension of their authority.

In summary, the Queensland Rail DTC system provided limited functionality for the NCO to verify the physical availability of a released block section prior to issuing an authority to the second rail traffic crew to arrive. With an extension of authority, this limitation placed increased reliance on the ability of the crew on the second train to detect the obstructed track at a distance sufficient to avoid a collision. This may not always be achievable, particularly at locations such as the western end of Oonoomurra station. 

Contributing factor

There was limited functionality for a Queensland Rail network control officer to physically verify the availability of a released section block prior to issuing an authority in the direct traffic control system. With an extension of authority, increased reliance was placed on the second train crew detecting the section was obstructed at a distance sufficient to avoid a collision, which may not be achievable in all situations. (Safety issue)

On board information

The Queensland Rail DTC procedures for arriving at a station required the crew to stop their train within the clearance point boards, in this instance between BLB OA 16 and BLB OA 25. Locomotive PRL201 from train 9227 was fitted with an electronic distance counter measurement device, which, when used in combination with the known train and station lengths, could have assisted the crew with verifying the train was within these limits. However, there was no specific requirement in either the DTC or Qube procedures that required the driver to use the counter to confirm the rear of the train was in-clear. Also, the driver reported they were unfamiliar with the operation of that type of counter and did not use it during their arrival at Oonoomurra station.

Alternative methods for confirming the train was in-clear included selecting a stopping point close to the limit of authority, using a familiar landmark that worked previously for a train of similar length, and/or estimating the distance travelled after entering the station or remaining to the limit of authority, accounting for the train and station track lengths. In this instance, the driver stopped the train about 317 m prior to the limit of authority and had not previously used the location sign as a landmark to stop a similar length train. Instead, they selected the stopping point based on a landmark rather than estimating the distance travelled or remaining, relied on their assumption the train was shorter than normal, and a visual check of the level crossing to confirm the train was in-clear of BLB OA 16. 

Regardless of the method used to determine the stopping location, it was the responsibility of the crew to confirm that the locomotive had travelled sufficient distance to ensure the block to the rear of the train was no longer occupied before contacting the NCO to pass ownership of a block section.

If conditions were such that the crew were unsure whether the rear of their train was in‑clear they could opt to retain ownership of the block section and communicate their concern to the NCO and crew of the second train to arrive. However, the discussion between the crew of train 9227 on whether the train was in‑clear occurred after reporting to the NCO that the rail traffic was in-clear and complete, leading to the release of the Cloncurry to Oonoomurra block section. Given ownership of the block section had been transferred it was unlikely that the crew would then revisit their decision as to whether the train was in-clear without opposing information that could have been provided by the distance counter.

Other factor that increased risk

The driver of 9227 did not use, nor were they familiar with the operation of, the on‑board electronic measurement device fitted to the PRL201 locomotive. This would have provided another mechanism to confirm that, at the chosen stopping point, the rear of the train was in-clear at Oonoomurra.

Worker competency

The Qube rail safety worker competency assessments for train crew was a performance‑based assessment. The train operations performance assessment included items related to the DTC safeworking system and tasks associated with operating a Qube train service. This encompassed the correct application of rules and procedures for undertaking a train cross.

The assessment of the driver of train 9227 was undertaken exclusively by a mentor driver/assessor observing the driver’s on-the-job application of the required procedures and related tasks while operating a train service over a series of trips between Cloncurry and Hughenden and return. The final assessment recorded the locomotive used was a PRA/PRL class. The assessment did not record which specific locomotive class was leading nor the type of distance counter device fitted.  

Qube advised the training provided on the PRL class locomotive included the crew being shown the counter device as part of their instruction. However, there was no specific training on both types of devices (analogue and electronic). Similarly, while the locomotive operations manual referred to the analogue counter, there was no information provided on the use of the electronic counter. Rather, information on the operation of the electronic device was reported to be captured holistically within the overall locomotive competency training.

The driver of train 9227 was aware of the distance counter devices and had used the analogue type previously. However, they stated they were not shown how to operate the more complicated electronic device fitted to locomotive PRL201.

Following the completion of the competency assessment, the driver had operated train services for 6 months, which would have involved completing numerous crosses with other trains. The driver was likely familiar with stopping at those stations and targeted a stopping point closer to the limit of authority.

However, without training and instruction on how to use the more complex electronic device fitted to PRL locomotives, it was unlikely it would be used. This removed an alternative means for drivers to confirm that the rear of the train was in‑clear at a location, thereby increasing the potential for the ownership of a block section to be erroneously released to the NCO.

Other factor that increased risk

The competency procedures for Qube train crew did not verify that drivers attained the required skills, knowledge or ability to operate the electronic distance counter device installed on some PRL locomotives. This increased the likelihood that drivers, uncertain in the operation of the device, may not use it to confirm the rear of the train was in-clear.

Emergency egress

After derailing to the right side of the track in the direction of travel, the locomotive rolled onto the right side (‘A’ side). The driver was ejected from their seat and was standing on the wall/window in darkness. 

The train borne radio communication system ceased operating following the collision and rollover and the locomotive was not fitted with an emergency lighting system. The disarrangement of equipment within the darkened cab hindered the driver’s ability to assess their situation or readily locate emergency equipment such as the handheld radio or emergency hammer. 

The driver did find their personal mobile telephone and contacted the NCO to notify them of the emergency. The NCO checked on the driver’s welfare while other network control personnel arranged for the emergency response. 

A crew member from 9227 had alighted from the train and was making their way back to check the welfare of the driver of 9M48. In this instance, 2 members of the public accessed the rail corridor from the Landsborough Highway level crossing, climbed onto the overturned locomotive and lifted the driver free of the cab before the crew member arrived. 

The driver of 9M48 sustained a minor injury during the accident sequence. Due to the rollover, they were unable to reach the emergency exit provided by the assistant driver’s side window that was now overhead. They did not attempt to egress the cab via the rear facing door to the vestibule area, opting instead to try to kick out the windscreen of the locomotive. This was unsuccessful as the windscreen was not designed to be removed therefore was not available as an alternative exit. 

Crewing the train as driver-only operation meant the driver had no other crew to assist in alerting network control of the emergency, assessing/treating injury, or aiding in egress from the overturned locomotive cab. The driver experienced conditions in the locomotive cab following the collision and derailment that increased risk to their welfare. On exiting the overturned locomotive cab, and jumping from height, the driver observed diesel leaking from the ruptured tank on the lead locomotive.

In this instance, it was fortunate that bystanders, who were prepared and able to provide timely assistance, were close by and there was no post-accident fire. This may not always be the case. 

Other factor that increased risk

After the collision, the lead locomotive came to rest on its side. The driver was in darkness and unable to readily locate safety equipment, make an emergency radio call to network control or exit the cab without the assistance from members of the public.

Collision survivability – locomotive

Emergency equipment – lighting and communications

The Aurizon rolling stock standards cross‑referenced relevant Australian Standards published by the Rail Industry Safety and Standards Board (RISSB). The RISSB standards were developed to broadly address rolling stock related hazards across multiple rail transport operators. Aurizon standards were developed to address hazards specifically applicable to the Aurizon operations and rolling stock fleet (including locomotives). As the standards were developed by Aurizon and RISSB independently, variance between the version dates and specified requirements contained in the respective standards were likely.

Additionally, for older locomotive classes such as the 2800, which were constructed prior to the published date of referenced RISSB standards, variance between the existing locomotive construction or equipment fit out and the requirements of the standard may also arise. Variances were typically addressed through the scope of RISSB standards being applicable only to new or modified locomotives.

Both the Aurizon standard for rolling stock fire performance and interior environment referred to requirements contained in the RISSB lighting and rolling stock visibility standard. To protect people, the Aurizon fire performance standard specified rolling stock was to have adequate capacity to evacuate within a suitable time, adequate normal and emergency lighting (with reference to AS 7531) and back-up power supplies with adequate capacity. The back-up power supplies applied to both lighting and communications systems. As there was no distinction between the communication systems fitted to locomotive or passenger rolling stock, this indicated that the train borne radio communication system should have a back-up power supply in the event of a main battery failure.

The scope of standard AS 7531 applied to existing locomotives and included requirements for spaces (cabins, rooms, vestibules, aisles) to be fitted with emergency lighting. The Aurizon 2800 class locomotive, including 2808, was not fitted with an emergency lighting system or back-up power supplies. Rail traffic crew (including driver‑only operations) responding to an emergency during the hours of darkness were then reliant on locating, in the disarranged cab of an overturned locomotive, a hand-held torch carried as part of rolling stock emergency equipment.

Similarly, in the event of damage to the train borne radio or failure of the main battery, rail traffic crew were also reliant on locating a serviceable 2-way radio or mobile telephone, if issued to the locomotive and mobile service was available, to notify network control of an emergency and for ongoing welfare communications during an emergency response.

Egress pathways

Locomotive 2808 was being operated from the No 1 end when it overturned. Although the driver was ambulatory, they realised they would not be able to readily reach the alternative emergency exit, which was the assistant driver’s side window that was now on the high side of the overturned 2.87 m wide locomotive cab. In the darkness, they instead attempted to kick the windscreen out, which would have allowed them to exit the cab at ground level. However, the laminated windscreen in the 2800 class locomotive could not be broken out using the window breakout hammer and was not designed to be removed from inside the locomotive cab.

On this occasion, 2 bystanders had witnessed the collision from the Landsborough Highway, entered the rail corridor and climbed onto the side of the locomotive to assist the driver. The bystanders were able to slide open the assistant driver’s side window and reach in to lift the driver from the enclosed cab. The rigidity of the side window glass and frame to withstand the forces applied by a rail traffic crew member, or responders, using this pathway was unknown. 

Should the driver (and other crew) be required to self-extricate they may be required to use the window breakout hammer to remove the window glass above their head. Their pathway would likely be difficult due to the hammer being fixed by a short tether to the overhead console, the necessity to climb and the layout of the console, and other fixtures and contents within the cab that are likely disarranged. The crew members may also have incurred injuries that potentially affect their mobility.

As the 2800 class locomotive cab did not have any footholds or climbing arrangements to aid crew egress via the alternative pathway, this potentially increased their exposure to known evacuation hazards. This was particularly relevant to driver-only operations where no other train crew, or responders, were immediately available to provide assistance to egress the overturned locomotive cab in an emergency. 

Once the crew members had exited to the high side of the overturned locomotive, they then had to descend safely to the surrounding ground level. Similar to the above, there were no external footholds or climbing arrangements to assist in descending from the locomotive to the ground level. Unless emergency services were present with a ladder, the crew would likely need to climb down onto the locomotive bogie, if attached, or jump. In this case, the driver and bystanders jumped to the ground level, exposing them to the additional hazard of falling from height. 

Similarly, ATSB investigations RO-2015-028 and RO-2022-003 found the Aurizon emergency egress arrangements for rail crew from the 2800 class locomotive were not effective in all foreseeable circumstances. In response to the RO-2022-003 safety issue, Aurizon advised it had developed an access and egress compliance strategy to outline the steps it was taking to align its diverse locomotive fleet to the requirements of the RISSB Access and Egress (AS 7522:2021) standard. The proactive safety action identified by Aurizon is ongoing.

As previously acknowledged in ATSB investigation RO-2022-003, a collision or derailment can result in structural damage to the cab and/or result in the locomotive rolling onto its side. This can hinder egress pathways normally used to access the cab and expose rail traffic crew to a range of evacuation hazards. This exposure is increased when operating the locomotive in the driver-only configuration, where no immediate support is readily available to assist a potentially injured driver to egress from an overturned locomotive.

Risk management

This and previous ATSB investigations have identified findings related to the adequacy of egress pathways and emergency equipment, such as lighting and back-up power supplies, on the 2800 class locomotive. While Aurizon had an established risk management framework, neither a risk assessment or other supporting documentation was available to sufficiently demonstrate to the ATSB that the emergency exit and equipment arrangements for this locomotive class were assessed. Consequently, exposures to foreseeable evacuation hazards may remain. 

Other factor that increased risk

The emergency exit pathway through a side window, and the emergency equipment available in the enclosed cab of an Aurizon 2800 class locomotive were inadequate to ensure a prompt escape by crew and potentially limited access by emergency services in the event of a locomotive overturning. Aurizon provided limited assurance the risk controls implemented to mitigate these known evacuation hazards were sufficient to reduce the potential of further injury to the crew. (Safety issue)

Findings

ATSB investigation report findings focus on safety factors (that is, events and conditions that increase risk). Safety factors include ‘contributing factors’ and ‘other factors that increased risk’ (that is, factors that did not meet the definition of a contributing factor for this occurrence but were still considered important to include in the report for the purpose of increasing awareness and enhancing safety). In addition ‘other findings’ may be included to provide important information about topics other than safety factors. 

Safety issues are highlighted in bold to emphasise their importance. A safety issue is a safety factor that (a) can reasonably be regarded as having the potential to adversely affect the safety of future operations, and (b) is a characteristic of an organisation or a system, rather than a characteristic of a specific individual, or characteristic of an operating environment at a specific point in time.

These findings should not be read as apportioning blame or liability to any particular organisation or individual.

From the evidence available, the following findings are made with respect to the collision between Aurizon train 9M48 and Qube train 9227, Oonoomurra, Queensland, on 17 August 2022. 

Contributing factors

  • To mitigate the potential of exceeding their limit of authority, the driver stopped train 9227 at a location about 317 m from block limit board OA 25. However, they then erroneously determined their complete train had passed block limit board OA 16. This resulted in the block section between Cloncurry and Oonoomurra remaining occupied by the rear of the train when they passed ownership of the block section to the network control officer, which was not in accordance with the procedure for when crossing rail traffic. 
  • The driver of 9M48 in receipt of an authority expected the track ahead to be clear and continued through the Oonoomurra up track at a speed of 23 km/h. Local geographic and ambient conditions meant the driver did not see the occupied track section ahead at a distance sufficient to enable them to stop their train and avoid a collision.
  • There was limited functionality for a Queensland Rail network control officer to physically verify the availability of a released section block prior to issuing an authority in the direct traffic control system. With an extension of authority, increased reliance was placed on the second train crew detecting the section was obstructed at a distance sufficient to avoid a collision, which may not be achievable in all situations. (Safety issue) 

Other factors that increased risk

  • The driver of 9227 did not use, nor were they familiar with the operation of, the on‑board electronic measurement device fitted to the PRL201 locomotive. This would have provided another mechanism to confirm that, at the chosen stopping point, the rear of the train was in-clear at Oonoomurra.
  • The competency procedures for Qube train crew did not verify that drivers attained the required skills, knowledge or ability to operate the electronic distance counter device installed on some PRL locomotives. This increased the likelihood that drivers, uncertain in the operation of the device, may not use it to confirm the rear of the train was in‑clear.
  • After the collision, the lead locomotive came to rest on its side. The driver was in darkness and unable to readily locate safety equipment, make an emergency radio call to network control or exit the cab without the assistance from members of the public.
  • The emergency exit pathway through a side window, and the emergency equipment available in the enclosed cab of an Aurizon 2800 class locomotive were inadequate to ensure a prompt escape by crew and potentially limited access by emergency services in the event of a locomotive overturning. Aurizon provided limited assurance the risk controls implemented to mitigate these known evacuation hazards were sufficient to reduce the potential of further injury to the crew. (Safety issue) 

Safety issues and actions

Central to the ATSB’s investigation of transport safety matters is the early identification of safety issues. The ATSB expects relevant organisations will address all safety issues an investigation identifies. 

Depending on the level of risk of a safety issue, the extent of corrective action taken by the relevant organisation(s), or the desirability of directing a broad safety message to the Rail industry, the ATSB may issue a formal safety recommendation or safety advisory notice as part of the final report.

All of the directly involved parties were provided with a draft report and invited to provide submissions. As part of that process, each organisation was asked to communicate what safety actions, if any, they had carried out or were planning to carry out in relation to each safety issue relevant to their organisation. 

Descriptions of each safety issue, and any associated safety recommendations, are detailed below. Click the link to read the full safety issue description, including the issue status and any safety action/s taken. Safety issues and actions are updated on this website when safety issue owners provide further information concerning the implementation of safety action.

Train cross procedures

Safety issue number: RO-2022-010-SI-01

Safety issue description: There was limited functionality for a Queensland Rail network control officer to physically verify the availability of a released section block prior to issuing an authority in the direct traffic control system. With an extension of authority, increased reliance was placed on the second train crew detecting the section was obstructed at a distance sufficient to avoid a collision, which may not be achievable in all situations.

Collision survivability – locomotive

Safety issue number: RO-2022-010-SI-02

Safety issue description: The emergency exit pathway through a side window, and the emergency equipment available in the enclosed cab of an Aurizon 2800 class locomotive were inadequate to ensure a prompt escape by crew and potentially limited access by emergency services in the event of a locomotive overturning. Aurizon provided limited assurance the risk controls implemented to mitigate these known evacuation hazards were sufficient to reduce the potential of further injury to the crew. 

Glossary

ATPAutomatic train protection 
BLBBlock limit board
DTCDirect traffic control
GPSGlobal positioning system
NCONetwork control officer
RISSBRail Industry Safety and Standards Board
RTORail transport operator
SFAIRPSo far as is reasonably practicable
SMSSafety management system

Sources and submissions

Sources of information

The sources of information during the investigation included:

  • the train crew of train 9227
  • the train crew of train 9M48
  • Qube Logistics
  • Aurizon
  • Queensland Rail 
  • recorded data from train 9227 and train 9M48
  • Geoscience Australia
  • Rail Industry Safety and Standards Board.

References

National Transport Commission. (2017). National standard for health assessment of rail safety workers. https://www.ntc.gov.au/codes-and-guidelines/national-standard-health-assessment-rail-safety-workers

Office of the National Rail Safety Regulator. (2019). ONRSR Guideline Safety Management System. 

Rail Industry Safety and Standards Board. (2012). Australian Standard AS 7522:2012 – Railway Rolling Stock Access and Egress – Part 1 Locomotive Rolling Stock. 

Rail Industry Safety and Standards Board. (2023). Australian Standard AS 7531:2023 – Lighting and Visibility.

Rail Industry Safety and Standards Board. (2024). Code of Practice - Risk Management for Driver Only Operation.

Submissions

Under section 26 of the Transport Safety Investigation Act 2003, the ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate. That section allows a person receiving a draft report to make submissions to the ATSB about the draft report. 

A draft of this report was provided to the following directly involved parties:

  • the train crew of train 9227
  • the train crew of train 9M48
  • Qube Logistics
  • Aurizon
  • Queensland Rail
  • Office of the Rail Safety Regulator.

Submissions were received from:

  • Qube Logistics
  • Aurizon
  • Queensland Rail
  • Office of the Rail Safety Regulator.

The submissions were reviewed and, where considered appropriate, the text of the report was amended accordingly.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through: 

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

About ATSB reports

ATSB investigation reports are organised with regard to international standards or instruments, as applicable, and with ATSB procedures and guidelines.

Reports must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner.

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

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  1. ^    To go past another rail traffic travelling in the opposite direction.
  2. ^    The ATP system supervises train speed and target speed, alerts driver of the braking equipment, and enforces braking when necessary. The system may be intermittent, semi-continuous or continuous according to its track-to-train transmission updating characteristics.
  3. ^    An absolute block safeworking system used to control the movement of trains in non-signalled territory. This prevents more than one train being authorised into a defined section or block at any one time. Central to DTC is a computer within the locomotive cab that displays authorities to train crew stored in its database. The relevant authority is activated by the train crew following an exchange of codes between the crew and NCO. Codes are exchanged verbally using the train control radio.
  4. ^    An instruction displayed on a computer screen, or on a prescribed form issued for rail traffic movement.
  5. ^    Rail traffic crew are required to report the time through each station location to the NCO.
  6. ^    Trains travelling east to Stuart Yard were in the down direction, while trains travelling west to Mount Isa were travelling in the up direction.
  7. ^    Trailable points were designed to permit a trailing movement through points closed against the intended move. The points are mechanically locked in position for a facing move but can be thrown to the reverse position by the wheel flanges of a train travelling in the trailing direction, which spring back to the normal position after the wheelset is through. The points are not controlled by the NCO. 
  8. ^    Unauthorized passing of a signal displaying a stop indication as follows: 1. completely missed 2. driver misjudged 3. restored as train approached 4. other.
  9. ^    Braking that uses the momentum of the locomotive and train to cause a braking effect. The traction motors are in effect turned into generators and the power is dissipated as heat through fan blown grids on the locomotive.
  10. ^   When a train comprised of more than one vehicle coupled together is in compression.
  11. ^   The line between the departure end yard limit of one location and the arrival end yard limit of another location. A section consists of one or more blocks.
  12. ^   Term in-clear means all vehicles were located between the block limit boards at either end of the station. Term complete means the last vehicle is coupled to the rail traffic, indicated by an attached end of train marker.
  13. ^   A safety‑critical zone is the area forward of a restrictive signalling aspect, is 2,500 m from a known stopping location, and starts from a location where the next signal aspect cannot be confirmed.  
  14. ^   The distance along the track between points of minimum allowable clearance where rolling stock is permitted to stand.
  15. ^   Drivers typically dim/extinguish headlights when approaching to avoid glare for the opposing train crew.
  16. ^   Wagons GOAF 0016, 0052, 0050, 0060, 0059, 0102, 0012 and 0017 totalling about 85 m of train 9227 were not in-clear of block limit board OA 16.
  17. ^   The driver used their personal mobile telephone.
  18. ^   Bystanders (members of the public) had accessed the rail corridor from the Landsborough Highway level crossing.
  19. ^   Emergency services included the Queensland ambulance, police, and fire and emergency services.
  20. ^   Operation of a rail traffic by a driver without another driver or other person in the driver’s cabin or rail traffic who is qualified in, and has suitable experience in, the operation of the rolling stock and the safeworking system that form part of the network rules (Rail Industry Safety and Standards Board, 2024). 
  21. ^   The drivers could arrange for Aurizon operations to provide a wake-up call prior to the commencement of their rostered shift. The driver in this instance requested a wake-up call 1.5 hours prior to the commencement of their shift.
  22. ^   The Samn-Perelli 7-level fatigue scale was a subjective method for evaluating fatigue state. Where level 1 was assessed as fully alert and level 7 completely exhausted.
  23. ^   Seated at the assistant driver’s position in the locomotive cab.
  24. ^   The effective train crossing loop length was also recorded as 809.33 m, which included an allowance for train slack and handling safety (comparison length).
  25. ^   The locomotive manufacturer’s Operators manual 2800 class did not provide any guidance on emergency egress pathways. The manual was to be used only for the servicing and maintenance of the locomotive. 
  26. ^   The train inspector’s seat was a small fold‑down seat located on the rear wall of the locomotive cab.
  27. ^   GQGY and GOAF wagons were respectively 13.63 m and 10.33 m in length.
  28. ^   Qube records the effective train crossing loop length, which included an allowance for train slack and handling safety (comparison length).
  29. ^   Progress Rail GT22C-3 Operators manual PRL class locomotives, M2022-07-004 revision 1.0, July 2022.
  30. ^   Australian Government Geoscience Australia, geodetic calculator application.
  31. ^   An ideal horizon exists when the surface forming the horizon is at a right angle to the vertical line passing through the observer's position on the Earth.
  32. ^   Queensland narrow track gauge measures 1,067 mm.
  33. ^   A station at which the points are normally set to allow simultaneous entry and exit of trains through the up and down lines.
  34. ^   Queensland Rail Standard MD-10-113 Direct traffic control Manual, version 3.1, dated 28 October 2019.
  35. ^   Clearance point boards were typically not provided at directional travel stations on the Mount Isa Line.
  36. ^   Queensland Rail Standard MD-10-107 General operational safety manual, version 5.2, dated 13 September 2021.
  37. ^   Qube PCE-217 Rail safety worker assessment and certification, version 8.0 dated 7 December 2021.
  38. ^   Qube FM-780 Train operations performance checklist, version 3.0, dated 10 October 2017.
  39. ^   Performance checklist tasks were generic, conditions/variables (weather, route complexity, traffic density, safeworking system and vehicle class) present at the time of assessment were recorded individually.
  40. ^   Aurizon Emergency and abnormal situation response for rail traffic crew, version 1.1 dated 29 April 2022.

Occurrence summary

Investigation number RO-2022-010
Occurrence date 17/08/2022
Occurrence time and timezone 06:37 Australian Eastern Standard Time
Location Oonoomurra
State Queensland
Report release date 19/06/2026
Report status Final
Investigation level Defined
Investigation type Occurrence Investigation
Investigation status Completed
Mode of transport Rail
Rail occurrence category Collision, Derailment
Occurrence class Accident
Highest injury level Minor

Train details

Train operator Qube
Train number 9277
Track operator Queensland Rail
Type of operation Freight
Rail vehicle sector Freight
Departure point Mount Isa, Queensland
Destination Stuart Yard (near Townsville), Queensland
Persons on board Crew – 2, Passengers – 0
Injuries Crew – 2, Passengers – 0
Train damage Substantial

Train details

Train operator Aurizon
Train number 9M48
Track operator Queensland Rail
Type of operation Freight
Rail vehicle sector Freight
Departure point Stuart Yard (near Townsville), Queensland
Destination Mount Isa, Queensland
Persons on board Crew – 1, Passengers – 0
Injuries Crew – 1 (minor), Passengers – 0
Train damage Substantial

Tail rotor driveshaft failure involving Bell Textron 505, VH-VTB, Cairns Airport, Queensland, on 15 July 2022

Final report

Report release date: 19/05/2023

Executive summary

What happened

On 15 July 2022, a Bell Textron 505 helicopter registered VH-VTB was conducting a scenic flight near Double Island, Queensland, with a pilot and 2 passengers on board. About 30 minutes into the flight, the pilot heard 2 brief, loud ‘grinding noises’ and elected to proceed to Cairns Airport.

While over the airfield, the grinding began again and did not stop. After 10-12 seconds, approximately 10 ft off the ground, the pilot heard 2 loud bangs, and the helicopter yawed to the right. In response, the pilot moved the throttle to idle, which stopped the yaw. A run-on landing was performed on the grass short of the assigned helipad. Subsequent inspection of the helicopter revealed that the tail rotor driveshaft had failed.

What the ATSB found

A section of the tail rotor driveshaft failed due to a bearing that seized and overheated in flight. The reason for the bearing seizure could not be determined. An examination of the bearings 2 days previously found no problems, and the adjacent bearing was well lubricated, with some very small points of damage on the bearing race indicating potential contaminants.

The pilot’s decision to adopt a shallow approach into Cairns, and to reduce throttle immediately following the tail rotor failure both assisted in controlling the helicopter following the uncommanded yaw, and allowed a safe landing.

Safety message

Unusual sounds and responses from an aircraft can be an indication of an imminent system failure. In this instance, the pilot’s decision to return to Cairns was probably influenced by the initial short duration of the unusual noises and overwater operation. While a safe landing on an airfield resulted, the occurrence also illustrates how quickly failures can occur.

Therefore, pilots experiencing any unusual vibration or noise should land as soon as possible and have the aircraft inspected prior to further flight. If an immediate landing is not possible then pilot should be prepared to conduct an emergency landing or ditching if the situation deteriorates.

 

The investigation

Decisions regarding the scope of an investigation are based on many factors, including the level of safety benefit likely to be obtained from an investigation and the associated resources required. For this occurrence, a limited-scope investigation was conducted in order to produce a short investigation report and allow for greater industry awareness of findings that affect safety and potential learning opportunities.

The occurrence

On the afternoon of 15 July 2022, a Bell Textron 505 helicopter registered VH-VTB departed with a pilot and 2 passengers for a scenic flight from a helipad in Cairns, Queensland. Approximately 30 minutes later, while flying near Double Island, the pilot heard a loud ‘grinding noise…like metal‑on‑metal’ that lasted for 1-2 seconds. A minute later, another 1-2 second long grinding noise was heard and the pilot decided to proceed to Cairns Airport.

The pilot elected to perform a shallow return approach and, as the aircraft approached overhead the airfield, the grinding noise began again. The noise continued as the pilot neared the designated helipad. After 10-12 seconds, while approximately 10 ft above the ground, the pilot increased the power slightly to transition into a hover for landing and a ‘couple of big bangs’ were heard from the rear of the helicopter. It immediately yawed approximately 45° to the right, and the pilot responded by moving the throttle to idle. The uncommanded yaw stopped as a result, and the helicopter’s forward motion combined with a 10‑12 kt headwind aligned it with the direction of travel.

With the main rotor RPM decreasing, the pilot lowered the collective and executed a run-on[1] landing on a grass strip in the undershoot of the assigned helipad. The passengers disembarked and the helicopter was shut down normally. A subsequent inspection found that the tail rotor driveshaft had failed and separated at a bearing near the aft firewall.
 

Context

Managing tail rotor failures

The United States Federal Aviation Administration (FAA) recommends shallow approaches followed by a run-on landing in circumstances where there is insufficient power to hover.[2] This allows the helicopter to gain additional lift from its forward motion up until it touches down.

In the specific event of a tail rotor drive system failure the FAA notes that the severity of the resulting yaw is reduced by low power and high airspeed. Less power means a smaller reaction from the airframe due to main rotor torque, and more airspeed allows the aerodynamics of the fuselage and vertical stabiliser to mitigate the yaw effect. Following an in-flight tail rotor failure, the FAA recommends an immediate reduction of power and lowering of collective to land the helicopter (via an autorotation if necessary).[3]

Component examination

A section of the tail rotor driveshaft assembly known as the fan shaft was sent to the ATSB for detailed technical examination (Figure 1). This section of the driveshaft also drove the oil cooler fan, as well as cabin air-conditioning via a pulley and drive belt. In a functional fan shaft assembly, the engine drives the fan shaft which connects to the rest of the tail rotor driveshaft and ultimately, the tail rotor itself. The forward and aft hangers restrain the fan shaft via ball bearings that are clamped in each hanger using a nut.

Figure 1: The fan shaft and associated components removed from VH-VTB

Figure 1: The fan shaft and associated components removed from VH-VTB

Source: ATSB

The driveshaft failed adjacent to the bearing seated inside the forward hanger. Blackening of the hanger, shaft and bearing components was present, indicative of exposure to high heat. The fracture surface closest to the bearing also appeared to be deformed due to heat exposure (Figure 2, D). Metal transfer on the bearing seat was likely from the adjacent inner race. No grease was observed in the bearing, though it might have been slung out or dissociated due to the high temperatures.

The outer race of the bearing was intact, but showed signs of corrosion (Figure 2, A). The inner race of the bearing had disintegrated, and only a small portion was found, along with only 5 bearing balls (Figure 2, B). Deep rotational scoring was observed on the inner face of the hanger and the outside of the outer race—normally clamped together during operation (Figure 2, C). The nut used to clamp the hanger to the bearing was still present, and a stripe of torque seal on the nut indicated that it had not backed off since it was last tightened. Metal was transferred onto the surface of the fan shaft, where the inner bearing sat during operation.

Figure 2: Damaged components of the failed bearing (A, B), hanger (C), and fan shaft (D)

Figure 2: Damaged components of the failed bearing (A, B), hanger (C), and fan shaft (D)

Source: ATSB

For comparison, the aft bearing was sectioned and examined for signs of damage (Figure 3). There were no signs of rotational scoring between the bearing and the aft hanger. The bearing contained sufficient grease, which had the same appearance as Mobilgrease 28. The grease showed no signs of contamination.

Figure 3: The aft fan shaft bearing, sectioned and disassembled.

Figure 3: The aft fan shaft bearing, sectioned and disassembled.

Source: ATSB

On the aft bearing, surfaces of the inner and outer bearing race were in good condition, with some very small points of spalling damage[4] on the inner race where contact would be made with the balls (Figure 4). No other mechanical damage associated with bearing degradation was observed (Figure 3, A and B). Likewise, there was no damage to the bearing balls or the ball cage retaining them (Figure 3, C).

Figure 4: Inner race spalling damage seen through an optical microscope (left) and electron microscope (right)

Figure 4: Inner race spalling damage seen through an optical microscope (left) and electron microscope (right)

Source: ATSB

Aircraft maintenance

At the time of the incident, the helicopter had accrued 1,392.5 hours total time in service. The tail rotor driveshaft and associated bearings were the original parts installed when the operator received the new helicopter from Bell. The forward and aft fan shaft bearings were lubricated 246 flight hours previously using Mobilgrease 28, as part of the helicopters most recent 300-hourly inspection. This was done in accordance with Bell Textron’s maintenance schedule.

Two days before the incident, a different pilot heard a strange noise coming from what was thought to be the engine of VH-VTB. After an engine shutdown and restart the noise persisted. The helicopter was grounded for an inspection by maintenance personnel, but the noise could not be replicated. The helicopter was examined, including the tail rotor driveshaft. Bearings were inspected for signs of heat damage, excessive temperature, or noise, but no abnormalities were found and the helicopter returned to service. The pilot from the incident flight heard a recording of the initial noise, but did not believe it was the same ‘metal-on-metal’ sound heard during the incident, describing it as more of a vibration.

Comments from Bell Textron

Bell was not aware of any previous instances of bearing failure in 505 fan shaft bearings. Nor was it aware of any bearing failures in the 206 model helicopters, which use a similar drivetrain. Bell raised the possibility of air-conditioner belt tension or damage to the air-conditioner pulley splines as potential contributing factors. However, the splines were found to be in good condition and the operator reported that the belt had been installed in accordance with Bell’s maintenance schedule.

Other bearing issues

The failed bearing on VH-VTB associated with this incident was replaced with one from another 505, but after some time in service, maintenance personnel heard a ‘slight rumbling sound’ coming from the replacement bearing. It was subsequently sent to Bell for examination. The bearings and fan shaft assembly from the incident flight were also sent to Bell following the ATSB’s examination. At the time of writing the results of these examinations were not available.

The ATSB was also notified of another instance where an operator informed their maintainer of a strange and intermittent noise coming from one of the forward fan shaft bearings of a 505. Water was also found in the bearing when it was purged. The maintainer replaced the bearing in question, and there was no further examination of the removed bearing.
 

Safety analysis

During landing, a combination of heat and torque due to a seized forward fan shaft bearing resulted in failure of the fan shaft just aft of the bearing. The bearing seizure was evidenced by the disintegrated inner race, metal deposited on the bearing seat and signs of excessive heat around the bearing components and fan shaft. As a result of the bearing seizure, the fan shaft spun independently of the bearing, resulting in disintegration of the inner race. Scoring on the outer race and hanger indicated that at some stage, the bearing and fan shaft were also spinning together. It could not be determined when the bearing seized, but the noises heard by the pilot were likely either the fan shaft spinning on the bearing, or bearing spinning on the hanger. It could also not be determined whether the noise heard 2 days before the incident was related to the bearing failure.

Due to the amount of damage on the failed bearing, the reasons for its seizure could not be identified. The disintegrated inner race, corrosion within the outer race and damage to the hanger could all have been a result of the seizure, rather than factors contributing to it. No grease was observed following the failure, but it could have been slung out or dissociated due to the excessive heat. If the bearing was not properly greased, it would likely have resulted in abnormal noise or excessive heat when it was visually inspected 2 days previously, but neither were detected.

The aft fan shaft bearing showed no signs of corrosion or damage associated with improper lubrication. The only damage observed were small regions of spalling. Such localised damage was most likely due to a foreign contaminant within the bearing, since other possibilities such as poor tolerances, misalignment or manufacturing defects would have resulted in more widespread damage within the bearing. The forward bearing failure could have resulted from exposure to similar contaminants, but the faces of the inner and outer race were too damaged to permit an assessment of the failure mechanism.

The pilot reacted quickly to the fan shaft failure, reducing the throttle in accordance with Federal Aviation Administration guidelines. Despite having sufficient power for a normal approach, the pilot’s decision to take a shallow approach provided the helicopter with the advantages of ground effect and translational lift, which reduced the required power. The combination of higher airspeed and lower power provided by the shallow approach and running landing mitigated the yaw effect and enabled the helicopter to be landed safely.
 

Findings

ATSB investigation report findings focus on safety factors (that is, events and conditions that increase risk). Safety factors include ‘contributing factors’ and ‘other factors that increased risk’ (that is, factors that did not meet the definition of a contributing factor for this occurrence but were still considered important to include in the report for the purpose of increasing awareness and enhancing safety). In addition ‘other findings’ may be included to provide important information about topics other than safety factors.

These findings should not be read as apportioning blame or liability to any particular organisation or individual.

From the evidence available, the following findings are made with respect to the control issues involving Bell Textron 505, registration VH-VTB at Double Island, Queensland on 15 July 2022.

Contributing factor

  • During landing, the forward fan shaft bearing seized and overheated, resulting in failure of the fan shaft.
Other (key) finding
  • A shallow approach combined with timely and appropriate control inputs enabled the pilot to safely perform a run-on landing following the shaft failure.

Sources and submissions

Sources of information

The sources of information during the investigation included:

  • the pilot and operator
  • Bell Textron Inc.
  • United States Federal Aviation Administration

Submissions

Under section 26 of the Transport Safety Investigation Act 2003, the ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate. That section allows a person receiving a draft report to make submissions to the ATSB about the draft report.

A draft of this report was provided to the following directly involved parties:

  • the pilot and operator
  • Bell Textron Inc.
  • Civil Aviation Safety Authority
  • Transportation Safety Board of Canada

Submissions were received from:

  • Bell Textron Inc.
  • Transportation Safety Board of Canada

The submissions were reviewed and, where considered appropriate, the text of the report was amended accordingly.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through:

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information 

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

© Commonwealth of Australia 2023

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Creative Commons Attribution 3.0 Australia Licence is a standard form licence agreement that allows you to copy, distribute, transmit and adapt this publication provided that you attribute the work.

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Copyright in material obtained from other agencies, private individuals or organisations, belongs to those agencies, individuals or organisations. Where you wish to use their material, you will need to contact them directly.

[1]     A run-on/running landing is one in which a helicopter lands with significant forward motion, as opposed to landing from a hover, and maintains some forward motion after touching down. It is generally used when there is insufficient power to sustain a hover.

[2]     FAA Helicopter Flying Handbook, Chapter 10: Advanced Flight Maneuvers, p. 6

[3]     FAA Helicopter Flying Handbook, Chapter 11: Helicopter Emergencies and Hazards, pp. 16-17

[4]     Spalling is the shedding of material, or ‘spall’ from a surface, In a bearing, spalling at a single point is typically due to nicks, dents, or hard-particle contaminants.

Occurrence summary

Investigation number AO-2022-036
Occurrence date 15/07/2022
Location Cairns Airport
State Queensland
Report release date 19/05/2023
Report status Final
Investigation level Short
Investigation type Occurrence Investigation
Investigation status Completed
Mode of transport Aviation
Aviation occurrence category Transmission and gearbox
Occurrence class Accident
Highest injury level None

Aircraft details

Manufacturer Bell Helicopter Co
Model 505
Registration VH-VTB
Serial number 65031
Aircraft operator NAUTILUS AVIATION HELI PTY LTD
Sector Helicopter
Operation type Part 133 Air transport operations - rotorcraft
Departure point Radisson Pier, Queensland
Destination Cairns Airport, Queensland
Damage Substantial

Grounding of Hagen Oldendorff, Port Hedland, Western Australia, on 9 April 2022

Final report

Report release date: 20/12/2024

Investigation summary

What happened

On the morning of 9 April 2022, the fully laden capesize bulk carrier Hagen Oldendorff departed its berth in Port Hedland, Western Australia with a harbour pilot on board and 4 tugs assisting. The first of the tugs was cast off shortly after departure and the ship continued its passage of the port’s navigational channel. As the pilot navigated the ship through a turn in the channel, the 2 shoulder tugs were cast off and retained as passive escorts while the aft tug remained tethered as an active escort. Shortly after the turn was completed, the ship experienced a loss of electrical power supply to all the ship’s analogue rudder angle indicators and, a few minutes later, struck the western batter of the channel. The pilot manoeuvred the ship back into the centre of the channel and, with the assistance of additional tugs and a second pilot, resumed the outbound passage and conducted the ship to an anchorage outside port limits.

Subsequently, the ship was found to be taking on water in the number 1 and 2 port double‑bottom water ballast tanks. Surveys and inspections conducted over the following days identified substantial damage to the ship’s bottom shell plating including hull breaches of the shipside shell plating of the damaged tanks and the failure of the transverse bulkhead between the tanks. There were no reported injuries or pollution of the sea as a result of the grounding.

What the ATSB found

The ATSB investigation found that a short circuit in a bridge rudder angle indicator tripped the common circuit breaker for the ship’s rudder angle indicators resulting in a loss of electrical power and illumination to all the analogue indicators. Following the power supply failure to the indicators, the ship’s pilot initiated emergency procedures for a steering failure, with manoeuvring orders issued to maintain directional control of the ship resulting in an uncontrolled turn to port and the subsequent grounding.

The ATSB also identified that the pilot had cast off the ship’s port and starboard shoulder tugs, which limited their ability to reduce the ship’s speed or to arrest the turn to port. The pilot’s decision to cast off these tugs was found to be inconsistent with the recommended practices of the port’s implemented escort towage strategy. Furthermore, this best practice escort towage guidance was not integrated into the port user guidelines and procedures or into the pilotage provider’s safety management system.

Finally, the ATSB determined that neither the applicable international regulations, nor the responsible classification society’s rules, required that rudder angle indication systems be protected against a single point of failure in their electrical power supply, nor was there a requirement for audible or visual alarms to alert crew to such a failure.

What has been done as a result

Following this incident, the Pilbara Ports Authority (PPA) updated the port user guidelines and procedures to incorporate the tug retention and utilisation practices, and guidance recommended in the port’s escort towage strategy. The PPA also issued a marine notice requiring a suitably qualified and competent person be present in the steering gear room during ship transits of the Port Hedland channel. 

Port Hedland Pilots (PHP) advised that, following the grounding, pilots keep the forward 2 tugs fast as recommended for the relevant channel zones unless prevented from doing so by weather or other factors. The PHP safety management system procedures for towage requirements were updated to reflect the tug retention and tug utilisation guidelines of the port's escort towage strategy including specific directions to pilots on where, and under what conditions, tugs were to be released. 

Hagen Oldendorff’s ship managers, Wah Kwong Ship Management Hong Kong, advised the ATSB that an audible and visual alarm was fitted to the ship to alert crew if and when the ship’s rudder angle indicators lose electrical power. In addition, the ship managers installed closed circuit television cameras in the ship’s steering gear room to allow direct monitoring of the physical rudder angle from the bridge.

Lloyd’s Register advised that alternate design solutions may effectively address the risk associated with a single point of failure in electrical power supply for ship's rudder angle indicators and that the Machinery Panel of the International Association of Classification Societies (IACS) may consider a unified interpretation (UI) of SOLAS requirements.

The Liberia Maritime Authority (LiMA) advised the ATSB that the Liberian Administration was considering issuing a marine advisory and that it was addressing this safety issue with the ship's classification society, Lloyd's Register, and, if necessary, with the International Association of Classification Societies (IACS).

The Australian Maritime Safety Authority (AMSA) advised that it would consider any requests for support from the Liberian Administration should the Administration seek to take action to address this safety issue at the International Maritime Organization (IMO). However, due to the absence of detailed proposals and a timeframe to seek safety action aimed at the resolution of the safety issue, the ATSB has issued safety recommendations to Lloyd’s Register, AMSA and the LiMA. The ATSB will continue to monitor the safety issue while working to highlight and promote awareness of the issue. 

Safety message

Pilotage and towage often serve as primary risk control measures in ensuring the safety of port operations. Where demonstrated techniques and practices have been identified that increase the effectiveness of towage in preventing incidents and in mitigating the consequences when they occur, it is imperative that they are appropriately documented, disseminated and implemented.

Summary video

 

The occurrence

Overview

On the morning of 9 April 2022, the fully laden capesize bulk carrier Hagen Oldendorff departed its berth in Port Hedland, Western Australia with a harbour pilot on board and 4 tugs assisting. The first of the tugs was cast off shortly after departure and the ship continued its passage of the port’s navigational channel. As the pilot navigated the ship through a turn in the channel, the 2 shoulder tugs were cast off and retained as passive escorts while the aft tug remained tethered as an active escort. Shortly after the turn was completed, the ship experienced a loss of electrical power to all the ship’s analogue rudder angle indicators and, a few minutes later, struck the western batter of the channel. The pilot manoeuvred the ship back into the centre of the channel and, with the assistance of additional tugs and a second pilot, resumed the outbound passage and conducted the ship to an anchorage outside port limits.

Subsequently, the ship was found to be taking on water in the number 1 and 2 port double‑bottom water ballast tanks. Surveys and inspections conducted over the following days identified substantial damage to the ship’s bottom shell plating, including hull breaches of the shipside shell plating of the damaged tanks and the failure of the transverse bulkhead between the tanks. There were no reported injuries or pollution of the sea as a result of the grounding.

Pre-departure activity

On the morning of 7 April 2022, the 300 m Liberian-registered bulk carrier Hagen Oldendorff (Figure 1) arrived at Port Hedland, Western Australia, from Tianjin, China, to load a cargo of iron ore. By 0900 local time, the ship was all fast, port side alongside at Stanley Point berth number 2 (SP2), operated by Roy Hill Iron Ore. Shortly after, the ship commenced loading.

Figure 1: Hagen Oldendorff at anchor off Port Hedland

Figure 1: Hagen Oldendorff at anchor off Port Hedland

Source: Australian Maritime Safety Authority

By 1544 the following day, Hagen Oldendorff had completed loading 205,465 tonnes of iron ore and was drawing forward and aft draughts of 18.34 m and 18.42 m, respectively. The ship’s departure was planned for 0045 on 9 April.[1]

By 0001 on 9 April, Hagen Oldendorff had its main engine on standby for departure, having completed pre-departure checks, which included the testing of the steering gear, main engine, and other navigational equipment. At about 0018, a harbour pilot boarded the ship. Shortly after, the master-pilot information exchange was completed on the ship’s navigation bridge (bridge) and the pilot confirmed the master was satisfied departing with a minimum under keel clearance of 0.69 m. The steering gear checks and main engine ahead and astern movement were then repeated with the pilot observing. By 0031, 3 tugs were made fast in preparation for departure with a fourth to be made fast after unberthing.

At 0048, Hagen Oldendorff departed the berth and shortly after, the fourth tug was also made fast. Tugs RT Inspiration and RT Atlantis were fast on the port and starboard shoulders[2] respectively, RT Clerke through the centre lead aft, and RT Darwin on the starboard quarter.[3] The ship’s bridge team for the departure consisted of the master, third mate, helmsman and pilot, who was situated at the front of the bridge, separated from the rest of the bridge team by the bridge console. The engine room was manned by the chief engineer, second engineer and duty oiler. 

The weather at the time was fine with south-westerly winds at force 3 (between 7 and 10 knots),[4] 1 m seas and good visibility.

The pilotage

At about 0118, when Hagen Oldendorff was about 3.5 cables[5] (648 m) south of Hunt Point (Figure 2), RT Darwin was cast off and dismissed. The ship proceeded north-east along the channel. The pilot then offered RT Clerke’s master a training opportunity in helping turn the ship into the Goldsworthy channel using ‘indirect towing’[6] (a routine practice in the port to train, and maintain the skills of, tug masters). RT Clerke’s tug master accepted the pilot’s offer. 

At about 0126, the pilot commenced a turn to port using RT Clerke to provide steering forces (to pull the ship’s stern to starboard) and the ship’s rudder as necessary (port 10° and port 20°). At this time, the ship’s speed[7] was about 6.4 knots.[8]

At about 0133, the pilot ordered the release of the tug RT Atlantis on the starboard shoulder and by 0135, the crew of RT Atlantis had recovered the tug’s towline (Figure 2). RT Atlantis continued to maintain station off the ship’s starboard shoulder as a 'passive escort’.[9] Shortly after, the pilot ordered the release of the tug RT Inspiration on the port shoulder as Hagen Oldendorff approached beacons 36-37 in the Goldsworthy channel (Figure 2). Recorded data from the ship’s voyage data recorder (VDR)[10] showed that, at the time, the ship was turning to port at a rate of turn (RoT)[11] of about 9° per minute and its speed was 6.7 knots, with the main engine set to manoeuvring full ahead (51 RPM). 

By 0137:22, the RoT had reduced, and the ship was largely steady on the Goldsworthy leading lights (leads) line (aligned 156°‑336°), slightly to the west of the channel centreline. The aft tug, RT Clerke, was now positioned off the ship’s port quarter, having assisted with steadying the ship as the turn to port was completed.

Figure 2: Section of navigational chart Aus 53 showing location of key events

Figure 2: Section of navigational chart Aus 53 showing location of key events

Source: Australian Hydrographic Office, annotated by the ATSB 

At 0137:25, the ship was steady on a heading[12] of about 334° with a course over ground of 336°, when the pilot ordered starboard 10° of rudder, likely to regain the channel centreline. At about the same time, the pilot advised RT Clerke’s master of the completion of the indirect towage training. The tug master acknowledged the completion of the training and asked the pilot for feedback on their performance.

Meanwhile, the ship had started to turn slowly to starboard at a RoT of about 2° per minute, and the pilot ordered the rudder to midships, followed immediately by a heading order of 335° (for a tabular sequence of events, see Appendix A). By this time, RT Inspiration had been cast off and had assumed the role of a passive escort. The starboard RoT increased to about 3.6° per minute and at 0137:47, the pilot ordered port 10° of rudder.

The grounding

At 0137:49, the pilot and bridge team heard ‘clicking sounds’ (from the electrical cabinet on the bridge), followed by the loss of illumination of the rudder angle indicators (see the section titled Rudder angle indicators). The pilot recalled that before the rudder angle indicator went dark it was indicating that the rudder was amidships. However, by the time illumination of the indicators was lost, the helmsman had executed the pilot’s previous order of port 10° and VDR data showed the rudder was at port 10° while the starboard RoT had increased slightly to 3.7° per minute.

The pilot then ordered port 20° of rudder and also ordered the aft tug, RT Clerke, to pull the ship’s stern to starboard with a force of 40 tonnes[13] (to counteract the ship’s starboard RoT). The helmsman immediately executed the pilot’s order of port 20° and RT Clerke began to move from the ship’s port quarter to the starboard quarter. 

Moments later, at 0138:08, the pilot ordered ‘non-follow-up, port 20°’ (see the section titled Steering gear) while the master and rest of the bridge team attempted to determine what had happened.

At 0138:10, the pilot informed RT Clerke’s master of a ‘rudder failure’ and ordered the tug to take the ship’s ‘stern to starboard, 60 tonnes’. This was followed by the pilot ordering RT Inspiration to make fast on the ship’s port shoulder. VDR data indicated that at 0138:21 non-follow-up (NFU)[14] mode was engaged. By this time, the starboard RoT had largely been eliminated and the ship was steady on a heading of 336° with the rudder at port 20°. 

By 0138:28, the ship had started turning to port. Closed-circuit television (CCTV) footage from RT Clerke and RT Inspiration showed the aft tug, RT Clerke, crossing the ship’s stern as it transitioned to the starboard quarter to execute the pilot’s last order of ‘stern to starboard, 60 tonnes’. At 0138:30, the pilot rescinded their previous order to RT Clerke by ordering ‘Clerke, no weight, Clerke’, which RT Clerke’s master acknowledged. About 5 seconds later, at 0138:35, the helmsman applied port NFU helm input, and the rudder angle slowly increased to port 27°.

At 0138:36, on the pilot’s orders, the master started reducing the main engine telegraph setting from ‘full ahead’ to reduce the ship’s speed which was about 6.9 knots. A few seconds later, the pilot ordered RT Clerke ‘stern to port, 20 tonnes’ and then, shortly after, ‘stern to port, full’, in an attempt to counteract the increasing port RoT which was now about 7° per minute. At 0139:20, RT Inspiration was ordered to push with full power on the port bow. 

At 0139:24, the pilot ordered ‘stop engines’ and the ship’s speed started to reduce. At 0139:28, the port RoT peaked at 13.6° per minute and then started decreasing. At 0139:30, RT Atlantis was tasked to push on the starboard quarter, after initially being instructed to make fast between cargo holds 2 and 3 on the starboard side. Meanwhile, the third mate and master had contacted the chief engineer (in the engine control room) and the second mate (manning the aft mooring stations) and directed them to the steering gear room to investigate. 

At 0139:35, the pilot queried if the rudder was responding and then ordered ‘hard to port’. The helmsman complied by applying port NFU input and VDR data showed that the rudder moved from its initial position of about port 27° to hard over to port (35°). At this time, RT Clerke was using full power to bring the stern to port and the ship’s port RoT was 13.4° per minute and decreasing. The ship’s master queried the pilot’s order of ‘hard to port’ while the pilot reported to the Port Hedland vessel traffic service (VTS) that the ship had experienced a ‘rudder failure’ and declared a ‘Port Emergency’.[15] About 15 seconds after the pilot’s order of hard to port, the master queried the rudder order again. The pilot immediately ordered the rudder amidships followed by an order of hard to starboard. VDR data showed that by 0140:11, the rudder was hard over to starboard.

Shortly after 0140, on the pilot’s order, the master put the main engine astern. At 0140:21 the pilot asked if the rudder was hard to starboard, and the master confirmed that it was, indicating that the ship’s steering gear room was probably manned. 

At 0140:30, Port Hedland VTS made a radio broadcast on the port’s very high frequency (VHF) working channel (channel 12) requesting available tugs to assist with Hagen Oldendorff’s emergency and notified the harbour master about the incident. Over the next 5 minutes, the masters of 5 tugs (FMG Dusky, Iron Ibis, IronWhistler, RT Darwin and Iron Kestrel)[16]confirmed they were responding. 

From about 0140:34 onwards, there was a sharp reduction in both the ship’s speed and its RoT to port. VDR data confirmed that the ship had contacted the western channel batter (the steep side of the navigable channel), about 4 cables south-east of beacon 35 (Figure 3) at a speed of about 6.1 knots. The ship’s bow then swung away from the side of the channel to starboard. 

Figure 3: Hagen Oldendorff at the time of the grounding

Figure 3: Hagen Oldendorff at the time of the grounding

Source: Australian Hydrographic Office, annotated by the ATSB using VDR data

Response and recovery

At 0140:40, the pilot instructed RT Atlantis, which was pushing on the ship’s starboard quarter, to proceed to the starboard bow. The pilot also ordered RT Clerke to pull the stern to starboard using full power and instructed RT Inspiration, which was on the port bow, to stop pushing. RT Clerke’s master did not acknowledge the pilot’s order and continued pulling the stern to port while RT Atlantis proceeded forward. By about 0141, RT Inspiration was fast on the port shoulder and the pilot once again ordered RT Clerke to stop pulling, which the tug master then acknowledged. Meanwhile, the ship’s starboard RoT had increased to a maximum of about 19° per minute and then started reducing while the ship’s speed had decreased to about 4.3 knots.

Shortly after 0142, the pilot informed VTS that the ship may have grounded, that the engine was operational, that there was a rudder failure and the steering gear was not responding in any mode, including NFU. The pilot also asked VTS to call the duty pilot and the next pilot on the roster. At 0144, the pilot ordered RT Atlantis to make fast on the ship’s starboard shoulder.

At 0145:23, the master informed the pilot that the rudder indicator did not appear to be working. About a minute later, the master confirmed that the rudder indicator was not working, and that the ship’s crew had engaged the emergency local steering controls in the steering gear room. VDR data indicated that the changeover to emergency local steering control occurred at 0148:42.

In the meantime, the tugs FMG Dusky and Iron Ibis had arrived at the ship’s location. At 0147:20, the pilot informed VTS that the ship’s emergency steering system was available, and that they planned to take the ship to the anchorage.

By 0148, FMG Dusky and Iron Ibis were fast on the starboard quarter and centre lead forward, respectively. By this time, Hagen Oldendorff was stopped and had been recovered to the middle of the channel, south of beacon 35 (Figure 2). Shortly after, the tug Iron Whistler was made fast on the port quarter and RT Atlantis was fast on the starboard shoulder.

At about 0152, the ship began moving along the channel under its own power with 6 tugs fast. About a minute later, the pilot asked for the ship’s forward, port ballast tanks to be sounded (to check for water ingress). At 0157, Iron Kestrel arrived and was instructed to take up station amidships on the port side and follow the ship.

At 0158, VTS advised the pilot that the harbour master had been informed that the ship had engaged emergency steering, and it was cleared to proceed to the anchorage. At 0204, RT Darwin arrived and was directed to take up station amidships on the starboard side.

At about 0212, when the ship was past beacons 32-33, a second pilot boarded the ship by helicopter (Figure 2). The second pilot took charge of communications with external parties while the pilot maintained conduct of the ship. Shortly after, VTS advised the pilot that sufficient tidal window remained for the ship to proceed and exit the channel at the C1 beacon. 

At 0239, after several inquiries by the pilot, the master advised that the forward ballast tanks had been sounded and that the soundings indicated no water ingress. The pilot asked for the tanks to be sounded again after 30 minutes.

At about 0303, the ship cleared beacons 15-16 (about 8.8 miles north-north-west of Hunt Point). Shortly after, FMG Dusky was cast off and dismissed and Iron Kestrel was made fast in its place on the starboard quarter.

At about 0327, the master reported that the latest tank soundings had confirmed no water ingress.

Shortly after 0430, the ship cleared the channel (at beacons C1-C2) and all tugs, except RT Clerke, were dismissed. By 0530 on 9 April, the ship had anchored outside the port limits in a position 24 miles north-north-west of Hunt Point (Figure 4). Soon after, RT Clerke was dismissed, and the pilots left the ship by helicopter.

Figure 4: Hagen Oldendorff's track overlaid on chart of Port Hedland

Figure 4: Hagen Oldendorff's track overlaid on chart of Port Hedland

Source: Australian Hydrographic Office, annotated by the ATSB

Post-incident actions

At 0530 on 9 April, the harbour master notified the Australian Maritime Safety Authority (AMSA) of Hagen Oldendorff’s grounding and that the ship was at the anchorage. At 0600, AMSA issued the ship’s master with a detention order.[17] 

At about 1000, the master notified Port Hedland VTS that the ship was taking on water in number 1 and 2 port double‑bottom water ballast tanks, had developed a trim by the head, and requested assistance. In response, the harbour master ordered 2 dive boats to the ship’s location and notified AMSA of the water ingress. Shortly after, the master reported that one ballast pump was coping with pumping out the water from the breached tanks. Later that day, the master advised that all other compartments (ballast and fuel tanks) were intact. 

On 10 April, an AMSA surveyor, accompanied by a representative of the ship’s owners, boarded the ship at anchorage by helicopter. The surveyor conducted an inspection of the ship and an assessment of the ship’s steering system, seaworthiness condition and crew’s welfare.

On 11 April, an underwater hull inspection identified substantial damage to the ship’s port side bottom shell plating. The hull was breached in 2 locations – a 0.65 m by 0.95 m breach and a 0.3 m by 0.4 m breach about 10 m forward of the first breach. Additionally, the transverse bulkhead between the 2 tanks had failed, allowing flooding between them. Subsequent inspections also identified extensive impact damage with the most significant damage extending over a length of about 53 m along the forward, port side of the ship’s hull near the turn of the bilge (Figure 5). Several structural frames and internal strength members had also buckled or fractured.

Figure 5: Damage to Hagen Oldendorff's hull

Figure 5: Damage to Hagen Oldendorff's hull

Source: Wah Kwong Ship Management HK, annotated and modified by the ATSB

On 18 May, following temporary repairs at the anchorage, the ship’s flag State (Liberia) approved the ship to undertake a direct voyage to its discharge port in China before proceeding to a shipyard for permanent repairs. 

At 2000 on 19 May, AMSA released Hagen Oldendorff from its detention. At 2154, the ship departed for Lianyungang, China, to discharge its cargo. After discharging the cargo, the ship sailed to a shipyard in Zhoushan, China, where permanent repairs were carried out. 

ATSB investigation

The ship’s initial incident alert and incident report notifications[18] submitted in April 2022 reported that Hagen Oldendorff had experienced an issue with its steering due to faulty rudder indicators during its outbound transit of the Port Hedland channel. An initial ATSB review of those notifications resulted in a decision not to investigate the occurrence. 

Subsequently, reports from AMSA’s Port Hedland port marine surveyors indicated that the ship had grounded in the channel and sustained hull damage as a result. A few weeks later, in May 2022, BHP[19] also reported to the ATSB (via telephone) that the ship had grounded and sustained substantial damage. In late July, BHP presented the ATSB with additional information, including recorded data.

The ATSB reassessed the available information, obtained further information from the Pilbara Ports Authority (PPA) and Port Hedland Pilots (PHP), and commenced an investigation into this serious incident. Subsequently, ATSB investigators attended the offices of PPA, PHP and BHP in Port Hedland in October 2022 to interview relevant persons and collect available evidence. The ATSB also obtained VDR and other relevant digital and documentary evidence from the ship’s managers, PPA, PHP and BHP.

Context

Hagen Oldendorff

The ship

Hagen Oldendorff was a Liberian-registered, capesize[20] bulk carrier built in 2020 by Cosco Shipping Heavy Industry (Yangzhou, China). At the time of the grounding, the ship was owned by CL Marina, managed and operated by Wah Kwong Ship Management Hong Kong (HK) and classed with Lloyd’s Register (LR). 

The ship was equipped with the necessary navigational and manoeuvring equipment required by the International Convention for the Safety of Life at Sea (SOLAS)[21] for a ship of its size. This included radar, electronic chart display and information system (ECDIS) and a Highlander HLD‑VDR600 voyage data recorder (VDR), from which information useful to the investigation was recovered, including bridge voice recordings.

The ship’s propulsion was provided by a 6-cylinder, MAN B&W G70ME-C9.2 engine developing 15,131 kW driving a single, 4-blade, fixed‑pitch, right-handed propeller.

Ship’s crew

At the time of the incident, Hagen Oldendorff was crewed by 20 Chinese nationals, including the master.

The master held a Chinese master’s certificate of competency and had about 28 years of seagoing experience, with about 11 years as master. This was the master’s first time working with Wah Kwong Ship Management HK and also their first time on board Hagen Oldendorff, having joined the ship about 5 months before the grounding. 

The third mate held a Chinese third mate’s certificate of competency and had about 15 years of seagoing experience, with about 6 months as third mate. This was also their first time working with Wah Kwong Ship Management HK and their first time on board Hagen Oldendorff, having joined the ship about 5 months before the grounding.

The helmsman held a Chinese able-bodied seaman’s qualification and had about 9 years of seagoing experience. This was also their first time working with Wah Kwong Ship Management HK and their first time on board Hagen Oldendorff, having joined the ship about 5 months before the grounding.

Hagen Oldendorff had previously called at Port Hedland in November 2021 with the same master, third mate and helmsman on board.

There was no evidence to indicate that the master, third mate or helmsman were experiencing a level of fatigue known to have a demonstrated effect on performance.

Steering gear

Hagen Oldendorff was fitted with a Kawasaki FE21-288 electro-hydraulic 4-ram steering gear. The steering gear consisted of a single rudder and 2 identical hydraulic systems (systems number 1 and 2), each powered by an LV-180 hydraulic pump. The rudder could be put hard-over to a maximum rudder angle of 35° on either side.

The steering gear could be remotely operated from the bridge in 3 main control modes:

  • autopilot steering mode
  • manual steering mode (follow‑up mode/wheel control)
  • non-follow‑up (NFU) steering mode.

In an emergency, the steering gear could also be operated locally from the steering gear room. 

In autopilot mode, the autopilot compares the operator-selected heading against the ship’s heading and transmits rudder angle orders such that the ship remains on, or returns to, the selected heading. There were 2 rudder angle feedback units, which transmitted the rudder angle signal from the rudder to the bridge steering control stand unit. This rudder angle feedback signal was compared to the rudder angle orders issued by the autopilot with the deviation signal driving the torque motor and hydraulic pump to obtain or maintain the commanded rudder angle. 

Similarly, in hand steering mode, when the helm (wheel) is moved manually (Figure 6) to port or starboard, a signal is transmitted to move the rudder. A follow-up or feedback signal is received at the bridge steering control stand and compared to the helm order to stop the rudder at the commanded angle. 

In the NFU mode, when the spring-loaded lever (Figure 6) is operated in the port or starboard direction, the rudder moves in that direction until the lever is released or the mechanical rudder limit is reached. When operating in NFU mode, the helmsman depends upon the rudder angle indicator or other means of knowing what the rudder angle is so that the lever can be released when the desired rudder angle is reached.

The mode of steering operation was selected by means of push-button switches on the bridge console (Figure 6).

An examination of the ship’s planned maintenance system records for the steering gear identified no deficiencies and showed that the scheduled checks and maintenance had been performed.

Figure 6: Hagen Oldendorff's bridge console layout showing steering mode controls

Figure 6: Hagen Oldendorff's bridge console layout showing steering mode controls

Source: Wah Kwong Ship Management HK, annotated and modified by the ATSB

Rudder angle indicators

The ship was fitted with a Yokogawa RAIS 100 rudder angle indicator system, which included a rudder angle transmitter (in the steering gear room), and 6 analogue rudder angle indicators located as follows:

  • a 3-face (omnidirectional) rudder angle indicator mounted on the bridge deckhead (along the ship’s fore and aft centreline and above the bridge manoeuvring console) (Figure 7)
  • a rudder angle indicator mounted on the bridge front instrument cluster (Figure 7)
  • port bridge wing
  • starboard bridge wing
  • engine control room
  • steering gear room.

The 6 rudder angle indicators had a common power supply protected by one circuit breaker located in a junction box in an electrical cabinet on the bridge.

There were no audible or visual alarms installed to alert crew to the tripping of this breaker or of the loss of electrical power supply to the rudder angle indicators.

Figure 7: Hagen Oldendorff's bridge rudder angle indicators

Figure 7: Hagen Oldendorff's bridge rudder angle indicators

Source: Wah Kwong Ship Management HK, annotated and modified by the ATSB

Rate of turn indicator

Hagen Oldendorff was equipped a rate of turn (RoT) indicator as required by the regulations. The bridge RoT indicator was mounted on the bridge front instrument cluster (Figure 7). The RoT indicator remained operational throughout the incident.

Shipboard investigation

The post-incident shipboard investigation identified that the tracking motor of the omnidirectional rudder angle indicator (Figure 8, inset) had burnt out and caused a short circuit. This short circuit tripped the common circuit breaker in the bridge cabinet resulting in a loss of electrical power to all the ship’s analogue rudder angle indicators. Consequently, all 6 of the ship’s analogue rudder angle indicators and their associated illumination stopped functioning. 

When the omnidirectional indicator was isolated post‑incident (when the ship was at anchor), all other rudder angle indicators were found to be functional.

Figure 8: Burnt out tracking motor of rudder angle indicator

Figure 8: Burnt out tracking motor of rudder angle indicator

Source: Pilbara Ports Authority, modified and annotated by the ATSB

Following the incident, Wah Kwong Ship Management HK conducted a survey of the rudder angle indicator power supply arrangement on all the ships managed or operated by the company. The survey identified that almost all the ships (over 20 ships) had a similar rudder angle indicator circuit breaker arrangement to Hagen Oldendorff.

Autopilot system

In addition to the 6 analogue rudder angle indicators, the ship’s Yokogawa PT900 autopilot system display unit (Figure 9) also displayed rudder order and feedback (rudder angle). The autopilot system’s power supply and rudder angle feedback signal were independent of the analogue rudder angle indicators’ power supply and rudder angle signal transmitter. The autopilot rudder angle display remained operational throughout the course of the incident. However, neither the ship’s officers, nor the pilot were aware of this functionality.

Figure 9: Autopilot rudder angle display

Figure 9: Autopilot rudder angle display

Source: Wah Kwong Ship Management HK, annotated and modified by the ATSB

Steering gear drills and tests

SOLAS regulations[22] required that the ship’s steering gear be checked and tested by the ship’s crew within 12 hours before the ship’s departure from port. The testing was to include, among other things, operation of the:

  • steering gear and steering gear power unit failure alarms
  • remote steering gear control systems and power failure alarms
  • steering positions located on the bridge
  • emergency power supply
  • rudder angle indicators in relation to the actual position of the rudder.

The checks and tests were to include checking the movement of the rudder over its full range of movement, a visual inspection of the steering gear and the operations of the means of communications between the bridge and steering gear room. Hagen Oldendorff’s third mate conducted the ship’s pre-departure steering test with the assistance of a ship’s engineer (in the steering gear room) at about 2330 on 8 April, about an hour before the ship’s departure.

The steering gear tests were conducted using a steering gear test checklist and completion of the test was logged in the bridge and engine room pre-departure checklists. There were no steering gear deficiencies identified as part of the pre-departure steering tests. The steering, including NFU steering, was briefly tested once again in the presence of the pilot at about 0025 on 9 April with no issues noted.

The regulations also required crews to carry out emergency steering gear drills at least once every 3 months to practice direct control of steering gear from the steering gear compartment and the communications procedure with the bridge. Shipboard drill records showed that emergency steering gear drills were last carried out on 24 November 2021 and on 23 February 2022 (about 6 weeks before the grounding).

The drill record indicated that several crew, including the ship’s navigational ratings, practiced operating the local emergency steering and communicating with the bridge using the emergency telephone. Additionally, a review of shipboard training records showed that a training session on emergency steering was conducted on 21 March 2022 in preparation for the port call at Port Hedland.

Emergency steering procedure

The International Safety Management (ISM) Code[23] required shipping companies to develop, implement and maintain a safety management system (SMS), with instructions and procedures to ensure the safe operation of ships and to prepare for, and respond to, emergencies.

Hagen Oldendorff’s SMS included an emergency procedure manual, which contained procedures to be employed in various emergency scenarios, including for a steering failure and grounding. There was no specific emergency procedure for a rudder angle indicator failure.

The steering failure emergency procedure directed crew to carry out the ship-specific emergency steering procedure. It also directed crew to undertake other standard actions such as to inform the engine room and master, consider reducing speed and to make the appropriate broadcasts and communications. Hagen Oldendorff’s emergency steering procedure, posted on the ship’s bridge and in the steering gear room, provided a series of sequential actions and steps aimed at restoring steering control. At each step, crew were to check whether control had been restored and, if not, move to the next step.

The procedure stated that in the event of a loss of steering control:

  • if in autopilot mode, change to manual steering mode 
  • change from system 1 to system 2 (or vice versa)
  • check both hydraulic pumps are ON [both pumps were kept ON for departure and the pilotage] 
  • change to NFU steering
  • public address system broadcast to crew to muster in the steering gear room
  • change to local steering and steer using the pump control knob.

Following the loss of electrical power and illumination to the bridge omnidirectional rudder indicator and the bulkhead-mounted indicator, the ship’s bridge team assumed they had lost steering control of the ship. Subsequently, the pilot and master initiated actions consistent with a response to a steering failure, including ordering the steering gear room be manned and switching to NFU steering and then local steering. 

The ship’s bridge team were unaware of the autopilot’s rudder angle indicator display and the pilot could not see the display from their location forward of the bridge console. Furthermore, following the loss of rudder angle indication, there was no attempt to check whether any of the other rudder angle indicators (on the bridge wings or on the autopilot display) were operational before initiating steering failure response procedures. Therefore, the possibility of a rudder angle indicator failure was probably not considered, and it is unlikely that knowledge of the autopilot indicator display would have significantly altered the sequence of events that led to the grounding. 

Shipboard steering-related emergency procedures also do not typically distinguish between a steering/rudder failure and a rudder angle indicator failure, nor do steering failure procedures include a check to first rule out indicator failure before seeking to restore steering control. In emergency situations, where valuable time may be lost trying to first rule out a rudder angle indicator failure, initiating steering failure procedures and establishing a crew presence in the steering gear room is a reasonable response. 

Shipboard working language

Hagen Oldendorff’s bridge logbook documented that the ship’s working languages were ‘English’ and ‘Chinese’. 

SOLAS regulations[24] required that a working language be established and recorded in the ship’s logbook and that the crew be able to understand, give orders and instructions, and report back in that language. The regulations also required that English be used as the working language for bridge-to-bridge and bridge-to-shore communications as well as for communications between pilots and bridge watchkeeping personnel (unless they spoke another common language). This requirement was also reflected in the Bridge Procedures Guide,[25] an internationally recognised publication reflecting watchkeeping best practice.

The pilot stated that the master’s command of English was reasonable although the helmsman and third mate’s was less so. VDR audio recorded that the helmsman and third mate’s responses to the pilot’s rudder and main engine orders were intelligible and consistent with standard marine phraseology. 

Following the rudder angle indicator failure, communication between the master, third mate and helmsman was predominantly in Mandarin. Furthermore, communications with other crew over hand-held radios and conversations with engineers over the telephone were similarly in Mandarin. Although the master continued to address the pilot and respond to their queries in English, the pilot was unable to understand the operational communications between the rest of the bridge team and between the bridge team and engineers. 

SOLAS requirements impose an obligation on seafarers to learn and communicate in English when it may not be their native language. While most seafarers, in particular senior deck and engineering officers, can be expected to have a working knowledge of English, other crew such as ratings may not. During a shipboard emergency, quick, concise and clear communication is required when issuing orders to, or receiving reports from, crew. Under these circumstances, the master, and others in positions of authority, often resort to communicating with crew in the language they comprehend best. While this may optimise crew communications, it can leave the pilot out of the communication loop. 

A review of recorded VDR audio did not identify any critical information communicated among the crew and engineers in Mandarin that would have significantly improved the pilot’s mental model of the situation in the limited time before the grounding. However, this does not preclude the possibility that there were other conversations, radio traffic or telephone communications in Mandarin not captured by the VDR that may have been useful to the pilot. While the crew’s use of Mandarin excluded the pilot from the communication loop, it probably did not contribute to the grounding.

Rules and regulations

SOLAS regulations

Regulations for steering gear

SOLAS regulations, specifically Chapter II-1,[26] set out the requirements for ships’ steering gear arrangements. The regulations required that every ship be provided with a main steering gear and an auxiliary steering gear, arranged so that the failure of one will not render the other inoperative. In most merchant ships, including Hagen Oldendorff, the steering gear comprised 2 or more identical power units to meet the requirements for main and auxiliary steering gear. 

Steering gear control systems were required to be provided for the steering gear, both on the navigating bridge and in the steering gear compartment. Steering gear control systems were defined as the equipment by which orders were transmitted from the navigating bridge to the steering gear power units and included transmitters, receivers, hydraulic control pumps and their associated motors, motor controllers, piping and cables. Any steering gear control system operable from the navigating bridge had to be equipped with short circuit protection and with audible and visual alarms in the event of an electrical power failure.

SOLAS Chapter V[27] covered the carriage requirements for shipborne navigational systems and equipment. It required that ships of 500 gross tonnage and upwards be provided with rudder indicators or other means to determine and display rudder angle (to be readable from the conning position) and ships of 50,000 gross tonnage and above be provided with a RoT indicator.

The regulations stated that the angular position of the rudder was to be indicated on the navigating bridge and in the steering gear compartment. The regulations also stated that the rudder angle indication systems were to be independent of the steering gear control system.

Code on Alerts and Indicators

The International Maritime Organization (IMO) Code on Alerts and Indicators provided general design guidance to promote uniformity of type, location and priority for alerts and indicators required by SOLAS. The guidance in the Code stated that rudder angle indicators were to be powered from the main source of electrical power and should have an automatic changeover to the emergency source of electrical power in case of loss of normal power supply. 

The Code did not require rudder angle indicating systems be fitted with alarms to alert crew to a loss of electrical power.

Classification society rules

Lloyd’s Register rules

SOLAS regulations also required that ships be designed, constructed and maintained in compliance with the structural, mechanical and electrical requirements of a classification society recognized by the Administration.

Lloyd’s Register (LR) rules and regulations for the classification of ships replicated SOLAS requirements for steering gear arrangement, control systems and rudder angle indicators.[28]

LR advised that, while the automatic power supply changeover arrangements outlined in the Code on alerts and indicators was not reflected in the minimum requirements of LR rules, there were optional notations available to shipowners that allowed for increased resilience in navigational systems (including rudder angle indicator systems).

For example, ships bearing the ‘NAV1’ notation were required to have an automatic changeover to an alternative main source of electrical power supply for navigational aids. Similarly, LR advised that the rules for the integrated bridge systems, ‘IBS’ notation could be interpreted to require ships bearing that notation to have each item of electrically operated navigational equipment be individually connected to its distribution panel and that failure of any power supply to the distribution panels were to initiate an audible and visual alarm.

Hagen Oldendorff did not hold the NAV1 or IBS notations, nor was it required to.

Other classification society rules

Different classification societies had different requirements for rudder angle indicator systems. For example, Det Norske Veritas (DNV) rules for some ships included a requirement that the rudder angle indicating system be arranged such that a single failure in power supply or anywhere in the indicating system did not cause loss of rudder angle indication on the bridge.

Summary

Hagen Oldendorff complied with the minimum requirements of the SOLAS regulations and LR classification society rules for rudder angle indicators. 

The applicable rules and regulations did not require the ship’s rudder angle indicators be protected against a single point of failure, such as the tripping of the common circuit breaker, which resulted in a loss of electrical power supply to all the indicators. Additionally, they did not require installation of audible or visual alerts to notify the bridge team of a loss of power supply affecting the indicators.

Port Hedland

Introduction

Port Hedland, located in the Pilbara region of Western Australia (WA), is the world’s largest bulk export port, with more than 6,000 shipping movements (inbound and outbound) annually. The port predominantly serves the mining industry of the Pilbara and facilitates an annual throughput of more than 500 million tonnes of cargo.[29] While iron ore is the port’s dominant export trade, its trade base also includes salt, manganese, copper concentrates, livestock, lithium mineral and tourism (cruise ships).

Port Hedland has 19 operational berths. Of these, BHP[30] owns and operates 8 berths while Fortescue Metals Group (5 berths), Roy Hill Infrastructure (2 berths) and the Pilbara Ports Authority (4 berths) own and operate the remaining berths. Port Hedland is the sole export route for the Pilbara iron ore assets of BHP, Fortescue Metals Group (FMG) and Roy Hill Iron Ore. 

Port Hedland Channel

The port is served by a 22-mile (40 km) dredged channel that allows a single ship to traverse it at any given time. The 10-mile section of the channel closest to the port is highly confined with insufficient depths immediately adjacent to the channel to allow vessels to exit during an emergency. The channel is also tidally restricted for most laden ships including capesize ships such as Hagen Oldendorff. 

These characteristics make the risk associated with a channel blockage significant. Furthermore, given the time between consecutive ship departures, separation distances between ships and depending on where in the channel the ship experiences the failure and founders, there could be up to 3 other vessels committed to, or within the channel, that would also be at risk as the tide recedes.

The Port Hedland navigation channel was divided into 6 zones (Figure 10) based upon navigational or environmental characteristics that would impact the risk within that zone. These characteristics included location, channel alignment, bathymetry, channel slopes and sea conditions.

The channel was divided as follows:

  • Zone 1 – the inner harbour and berths
  • Zone 2 – the inner harbour and berths to the south-west of zone 1
  • Zone 3 – from the outer limit of the inner harbour at Hunt Point to beacons 36-37
  • Zone 4 – from beacons 36-37 to 30-31
  • Zone 5 – from beacons 30-31 to beacons 15-16
  • Zone 6 – from beacons 15-16 to the termination of the channel at beacons C1-C2.

Ships in zones 1 and 2 were generally manoeuvred at low speed, although subject to large tides and currents when manoeuvring or berthed. Depths in the inner harbour were reported to be maintained at about 14.9 m.

In zone 3, the channel is narrow with steep channel batters and the potential for strong currents. This zone features a turn requiring a 71° course alteration into the Goldsworthy section of the channel and water depths outside the channel can be less than 1 m deep at lowest astronomical tide (LAT). 

The section of channel in zone 4 is straight but also narrow with steep batters and the water adjacent to the channel is generally less than 6 m deep at LAT. Inbound vessels in ballast generally enter the channel from seaward of beacons 30-31. The channel depth in zones 3 and 4 are reported to be maintained at about 15 m. The transition from zone 4 into zone 5 involves an 18° course alteration into the Newman section of the channel.

The section of channel in zone 5 is relatively straight with a 13° course alteration of course for outbound vessels. The channel batters become significantly shallower from zone 5 onwards and water depths outside the channel are predominantly greater than 10 m with scattered shoal patches. 

In zone 6, water depths outside the channel are predominantly greater than 15 m and, in places, exceeds the maintained channel depths which vary between 16.2 m and 18 m. This zone has the added benefit of an emergency passing lane, along the western edge of the channel.

The channel has a minimum width of about 162 m in the Goldsworthy and Newman sections (zones 4 and 5). The batter slope along the channel margins are a significant factor influencing the risk of a ship grounding on the seabed, as opposed to the ship contacting the seabed and being deflected away from the channel batter. Zones 5 and 6 have shallower batter slopes compared to zones 3 and 4. As a result, if a ship grounds in zone 5, the contact area between the ship hull and seabed is larger, making the ship harder to re-float.

The wave conditions in the Port Hedland channel steadily increase from zone 3 through to the end of zone 5, which is generally where the most severe sea conditions are experienced. Wave conditions are generally most severe in December and January, and most mild in July and August.

Hagen Oldendorff grounded on the western side of the channel in zone 4, between beacons 37 and 35 (Figure 3).

Figure 10: Port Hedland channel zones

Figure 10: Port Hedland channel zones

Source: Pilbara Ports Authority

Channel damage

On 11 April 2022, the Pilbara Ports Authority (PPA) commissioned a survey of the area of the channel between beacons 36-37 and beacons 34-35. The survey data identified that Hagen Oldendorff had impacted an area of the western batter about 500 m long (Figure 11) resulting in bank collapses extending between 7–21 m into the channel. 

Figure 11: Survey data showing channel batter impact damage

Figure 11: Survey data showing channel batter impact damage

Source: Pilbara Ports Authority, modified and annotated by the ATSB

Management of channel risk

The Pilbara Ports Authority (PPA) (see the section titled Pilbara Ports Authority) maintained a risk management policy and a port strategic risk register (see the section titled Port strategic risk register) to identify and manage risks to the port, including the risk of a channel blockage. In order to effectively manage this risk, the PPA and other major stakeholders, including BHP, invested significant effort to define the drivers of incidents that could lead to a channel blockage and to identify preventative and mitigating controls. 

The primary drivers of a marine incident that could contribute to a blockage of the Port Hedland channel were assessed to be main engine failures/slowdowns, steering incidents, mooring failures and hull/structural failures. Of these, incidents arising from main engine failures/slowdowns and steering incidents resulting in a loss of navigational control were assessed as being most likely to result in a channel blockage.

The port’s assessment of past incident and near-miss data showed that engine-related incidents were far more likely than steering incidents but that steering incidents were more likely to result in a channel blockage. A 2019 channel blockage mitigation study by BHP identified that the likelihood of steering incidents was about 0.024% per manoeuvring hour with past incident data indicating an incidence of about 1–2 steering incidents per year. However, the study also acknowledged that there was insufficient information to identify the root causes of these steering incidents and that they broadly included rudder failure, system fault and human error.

A review of the port’s risk register identified that the PPA had several risk controls in place to prevent incidents that could result in a loss of navigational control and to mitigate the risk of a ship grounding or stranding blocking the channel in the event such an incident occurred. These controls included:

  • pre-arrival declarations by ships to confirm the operational status of all critical machinery
  • testing of emergency engine and steering control systems (such as NFU steering)
  • vessel traffic services
  • the use of a dynamic under keel clearance system
  • vessel quality assurance processes
  • incident emergency response procedures 
  • emergency exercises to train pilots and tug masters
  • pilotage 
  • towage.
Towage in Port Hedland

The tugs in Port Hedland were operated under towage licences granted by the PPA to BHP Towage Services (BHPTS) and Pilbara Marine (a subsidiary of FMG). Rivtow were contracted to operate the tugs under the BHPTS licence, while KOTUG operated tugs under the Pilbara Marine towage licence. Table 1 below outlines the composition of the Port Hedland tug fleet at the time of the grounding.

Table 1: Port Hedland tug fleet

LicenseeType of tugBollard pull (tonnes)Number of tugs
BHPTSZ-Tech63 t2
BHPTSRT80-3280 t5
BHPTSART80-3280 t4
BHPTSRAstar8585 t6
Pilbara MarineRT80-3280 t1
Pilbara MarineART85-32W85 t8

The Z-Tech tugs were equipped with 2 azimuth thrusters[31] located aft, each driven by a 1,864 kW main engine in a z-drive configuration.[32] The tugs were designed with a relatively low forward sheer to allow the tugs to work in close proximity under the flare of ship’s bows. 

The RT80-32 rotortug used a propulsion arrangement with 2 azimuth thrusters forward and a third azimuth thruster aft in place of the traditional skeg arrangement. Each azimuth thruster was driven by a 1,654 kW main engine in a z-drive configuration.

The ART80-32 advanced rotortug used a similar propulsion arrangement to the RT80-32 but with hybrid propulsion, enhanced manoeuvrability and greater redundancy. The ART80-32 tug’s azimuth thrusters were each driven by a 1,765 kW main engine in a z-drive configuration.

The ART85-32W evolved from the ART 80-32 design and offered a modified hull form for increased stability during escort duties, improved manoeuvrability and higher bollard pull.[33] 

The RAstar85 tugs were azimuth stern drive tugs with 2 azimuth thrusters located aft, each driven by a 2,550 kW main engine in a z-drive configuration. These tugs were designed with improved winches and with an increased bollard pull similar to that of the ART85-32W tugs.

Environmental conditions

The prevailing environmental conditions at the time of the grounding were within normal operating parameters for ship movements at Port Hedland. 

A PPA monitoring station at beacon 42 recorded conditions at the time of the incident as being south-south-westerly winds at about 6 knots, with a south-south-easterly near-surface current of about 0.45 knots and estimated wave heights of about 0.5 m. The monitoring station further north at beacon 31 recorded southerly winds at about 10 knots, gusting to 14 knots and a south‑south‑easterly near-surface current of about 0.4 knots with estimated wave heights of about 1 m.

Anemometer readings recorded on Hagen Oldendorff’s VDR showed that wind in the inner harbour at the time of the ship’s departure was south-south-westerly at about 6 knots while the wind at the time and location of the grounding was west-south-westerly between 10–12 knots.  

Port Hedland escort towage strategy

Background

In 2008, following the grounding of the capesize bulk carrier Iron King in Port Hedland (see the section titled Similar occurrences), the port authority identified that in emergency situations under adverse operating parameters the benefit of the port’s then 65 tonne tugs was marginal, even when fast. With projected increases in ship size and numbers calling at Port Hedland, escort towage was identified as a viable mitigating strategy against channel blockage due to incidents such as Iron King’s grounding. 

In 2013, BHP developed a detailed risk framework to quantify the channel blockage risk at Port Hedland and to recommend a mitigation strategy. The study identified adequate escort towage as the most effective strategy. BHP subsequently commissioned Baird Australia to review and assess the towage capacity requirements for Port Hedland. This project included extensive analyses and consultation to determine the size, type and number of tugs necessary to mitigate potential channel blockage incidents. The analyses included:

  • physical modelling of vessel grounding at the Council for Scientific and Industrial Research (CSIR) in South Africa
  • desktop and full-mission navigation simulations of emergency scenarios involving capesize ships at FORCE Technology in Denmark
  • sea trials at Port Hedland.

The physical modelling assessed the outcomes of grounding and contact with the channel batter at various speeds and impact angles. The results indicated that at higher speeds and greater angles of impact, greater damage resulted, and a larger force was required to remove the vessel from the channel batter.

The results of the analyses identified that optimisation of the use and configuration of the port’s existing tug fleet could reduce the impacts of main engine or steering failures of capesize ships during departures. Additionally, data from sea trials indicated that tug towlines were experiencing shock loads of up to 40 t when towing in sea states over 1.5 m. Analysis of the safe working loads (SWL) of bitts[34] on capesize ships showed that the most common SWL was between 65­–70 t and that the port’s tugs could generate tow forces well in excess of this value. 

The project recommended that BHP invest in tugs with improved escort towage capability (RAstar85 tugs) to further mitigate the risk of channel blockage and, in the meantime, develop and implement an interim escort towing strategy. The port subsequently also mandated an increased SWL for bitts on ships calling at Port Hedland.[35] 

Interim escort towing strategy (2013)

The interim escort towage strategy provided guidance to optimise the use of the port’s existing Z‑Tech and RT80-32 tugs while the RAstar85 tugs were built. The number of tugs and their configuration were based on the channel zone that the ship was navigating in. The tug arrangements recommended as part of the interim strategy for departing capesize ships in zone 3, zone 4 (where Hagen Oldendorff grounded) and zone 5 were:

Zone 3 

An RT80-32 tug was to be tethered to the stern of the ship and a Z-tech or RT80-32 tug tethered to either shoulder of the vessel. All tugs were to remain tethered to the ship until beacons 36-37.

The escort tug utilisation procedures in the event of an emergency (such as a steering failure) in zone 3 called for the pilot to initially use the main engine and the 2 tethered shoulder tugs as a brake, to reduce the ship’s speed. The aft tug could then be used in the indirect towing mode to control the RoT and, once the ship was under control, to provide steering forces to conduct the ship to a safe location.

Zones 4 and 5

In zones 4 and 5, an RT80-32 tug was to be tethered to the stern of a departing ship until beacons 15‑16 with an untethered tug (a Z-Tech or RT80-32 tug), off either the port or starboard quarter.

The procedures in the event of a steering failure in zones 4 or 5 were largely dependent upon the prevailing sea state, specifically, the significant wave height (Hs).[36] The conventional (static brake) winches installed on board the Z-Tech and RT80-32 tugs generally resulted in a reduction in effective towline force as sea states increased. Additionally, actively operating tugs with such conventional winches in moderate sea states presented safety hazards for the tug and crew.

When wave heights were less than 1 m, the pilot was to use the tethered aft tug in indirect towing mode to control the ship’s heading and then slow the ship to allow the passive escort tug to make fast at the bow. In wave heights between 1 m and 1.5 m, the aft tug was to initially provide indirect braking forces only (to avoid shock loading of the towline) until the ship had been slowed sufficiently to apply direct steering forces.

Once the vessel’s heading was controlled and the ship’s speed was less than 6 knots, the passive escort tug could be tethered at the bow. In wave heights above 1.5 m, the aft tug was to provide whatever assistance was deemed possible by the tug master until the ship’s heading was controlled, and speed reduced to less than 6 knots, when the passive escort standby tug could be made fast at the bow.

Other measures and outcomes

Other key measures recommended as part of the interim strategy included:

  • restricting ship speeds to 8 knots when tugs were made fast
  • ensuring pilots and tug masters were aware of the SWL of the aft towing bitts
  • implementing indirect towing training programmes for tug crews.

Following implementation, the effectiveness of the interim escort towing strategy was reviewed and evaluated. After further studies and simulations, the specifications for the proposed RAstar85 tugs were refined. In September 2014, further simulations were undertaken to assess various tug configurations using the anticipated RAstar85 tug in the active escort role tethered aft of the ship. 

The simulations identified that a single escort tug tethered aft, and a tug tethered to each shoulder of the ship, was the preferred configuration in zones 3 and 4. A final design for the new tugs was submitted for construction tender in October 2014. 

Escort towage strategy (2015)

Introduction

In June 2015, construction of the new tugs and a new tug harbour in Port Hedland was approved. As part of the tug and tug harbour project, BHP developed an escort towage strategy to ensure that the future RAstar85 tugs were operated in conjunction with the existing tugs in a manner that would most effectively mitigate the risk of channel blockage from capesize ships. Additionally, BHP added 4 new ART80-32 tugs to the Port Hedland fleet that same year. The ART80-32 tugs were equipped with an improved sea-keeping and rendering winch with the capability to provide effective towage in sea states up to 1.5 m.

The BHP escort towage strategy (2015), developed by Baird Australia, documented the procedures, guidelines and tug allocations developed as an outcome of the various studies, simulations, exercises and consultation conducted as part of tug and tug harbour project and channel blockage risk mitigation initiatives. The document noted that the guidelines were developed with input from the PPA and Port Hedland Pilots (PHP), among others, and that adopting these guidelines could materially reduce the risk of a ship grounding and blocking the channel at Port Hedland.

The strategy required that, while tugs were tethered to the ship, the ship’s speed should not exceed 8 knots, and the ship was to be maintained on a track as close to the centreline of the channel as possible.

The document noted that, in the event of an emergency scenario, such as a rudder or engine failure, minimising the time between the onset of the emergency and the recognition and initiation of procedures by the pilot (stopping the ship’s engine and issuing commands to the tugs) was of extreme importance. In particular, it emphasised that measures to quickly assert control over the RoT of the ship was key to a successful outcome.

The strategy defined the following specific tug allocation guidelines and escort towing procedures for outbound capesize ships in zones 3 and 4:

Zone 3

A RAstar85 tug was to be made fast aft with a Z-Tech, RT80-32 or ART80-32 tug fast on each shoulder.

During an emergency in zone 3, the vessel’s speed was to be reduced using the main engine astern and the shoulder tugs to pull back and provide a braking force. To control the RoT, the aft tug was to rapidly move into the required position and apply an indirect steering force. Once the RoT was controlled and the ship was aligned parallel to the channel batter, the aft tug could be used to provide further braking forces. Once the vessel was fully under control, and the speed less than 4 knots, the shoulder tugs could be used to manoeuvre the vessel towards the channel centreline, while the aft tug provided steering forces, as required.

Zone 4

The guidelines stated that a RAstar85 tug may remain tethered aft if required to provide steering forces. Additionally, providing sea conditions were suitable, the shoulder tugs were to remain tethered to the ship to provide braking forces or to tow a disabled ship to safety. The shoulder tugs could be cast off at the end of zone 4 (beacons 30-31) and one of the tugs dismissed with the other retained as a passive escort at the bow through zone 5.

In the event of a steering emergency in zone 4 in sea states less than 1.5 m, the aft tug was to rapidly move into the required position and apply an indirect steering force while the shoulder tugs were used as a brake. Once the vessel’s heading was controlled, the pilot could use the aft tug to further reduce the speed to less than 6 knots, allowing the shoulder tugs to move to a towing position.

The shoulder tugs could then tow the vessel to a suitable anchorage, or to the end of the channel, while the aft tug provided steering forces. The strategy document noted that the RAstar85 tugs should be able to effectively perform the same manoeuvres in sea states greater than 1.5 m, although the tug masters of the shoulder tugs would need to determine whether they could remain tethered during moderate sea conditions and the extent of the assistance possible.

Summary

The strategy recommended that, for all sea states up to 3 m, a RAstar85 tug remain tethered to the stern of departing capesize ships until beacons 15-16 (end of zone 5). Between Hunt Point and beacons 30-31 (zones 3 and 4), tugs were to be tethered to both shoulders and, under normal conditions, both these tugs could be cast off at beacons 30-31 (end of zone 4), with one dismissed and the other retained as a passive escort until beacons 15-16 (end of zone 5). At beacons 15-16, both the active escort tug aft and the passive escort tug could be dismissed. Ships were not generally escorted in zone 6, except in the case of an emergency or if the ship was deemed to require escort towage until clear of port limits. 

Implementation of the escort towage strategy

In 2016, a risk review was undertaken to assess the potential to further reduce the risk of, and impacts associated with, a channel blockage at Port Hedland. The study identified several initiatives to be explored for further channel risk mitigation namely:

  • engineering controls, such as channel modifications and the possibility of a bypass channel
  • operational controls, such as further towage improvements and mitigation plans to restore partial channel capacity in the event of a channel blockage.

In 2017, the Port Hedland working group (PHWG) was established with representatives from the PPA, BHP (and their technical representative - Baird Australia), PHP and other stakeholders, to review channel blockage risk, identify new risk management options and evaluate ongoing controls. That same year, the new tug harbour at Hunt Point and new RAstar85 tugs became operational with the first 2 tugs delivered in April 2017. The RAstar85 tug was equipped with a render/recover winch,[37] designed to be capable of performing the necessary indirect towing manoeuvres in sea states up to 3 m.

Following the introduction of the RAstar85 tugs in 2017, the recommended guidelines in the escort towage strategy began to be trialled and implemented to various degrees.

By April 2018, the BHPTS tug fleet at Port Hedland comprised 6 RAstar85 tugs, 4 ART80-32 tugs, 7 RT80-32 tugs and 2 Z-Tech tugs. 

On 23 September 2019, during a PPA forum titled ‘Safe Ships – Safe Ports’, a BHP presentation titled ‘Best Practice Towage Standards’ stated:

The Port continues to work in a collaborative way with Pilots and Towage to find operational improvements that can be implemented without significant cost or investment. 

Trials for enhanced escort towage include:

  • Shoulder tugs being kept fast to B30/31 (where possible)

Similarly, on 18 November 2019, at a quarterly strategic review meeting of the BHP towage license, covering the quarter from August to October 2019, under the heading Continuous improvement – Channel risk reduction trials’, the meeting minutes recorded the following:

Shoulder tugs remaining fast to B30/31 

  • No concerns have been raised during the quarter and this is being achieved where conditions are favourable.
Updated escort towage strategy (2020)

Introduction

In July 2020, BHP consolidated and updated the escort towage strategy into a stand-alone document titled ‘Escort Towage Strategy – Port Hedland Working Group’. The document’s stated intent was to present information and guidelines related to escort towage at Port Hedland and to assist the PPA, pilots, tug masters, towage operators and other stakeholders to understand the rationale for escort towage and provide guidelines to support effective escort towage operations.

The document noted that the strategy had been updated to reflect current and potential future escort towage practices as a result of a number of enhancements in the port’s towage capabilities, including:

  • completion of BHP’s tug and tug harbour project and commencement of operation of the RAstar85 tugs
  • commencement of Pilbara Marine’s towage under the FMG towage licence, including the use of the ART85-32W tugs
  • improvements in tug master training and competency assessment
  • incremental enhancement to escort towage practices led by the PPA, pilots, tug masters and towage operators
  • increased knowledge, escort towage performance information and development of improved escort towage guidelines through the work completed to date by the PHWG on channel blockage risk.

Objectives

The strategy document’s listed primary objectives, among others, were to:

  • provide a summary of the drivers behind escort towage at Port Hedland, which is to assist an escorted ship to maintain manoeuvrability and navigate within water of sufficient depth to prevent a ship grounding, and the potential consequential impact of channel blockage
  • document escort towage procedures that have been identified as effective at preventing a ship grounding and potential channel blockage through research, simulation and on-water trials. 

The document noted that escort towage was a critical mitigative control to prevent a ship grounding in Port Hedland and that steering- or main engine-related incidents resulting in loss of navigational control were the likely causes for a grounding incident leading to channel blockage. 

Escort tug fleet

The updated towage strategy stated that the primary escort-capable tugs at Port Hedland were the RAstar85 tugs (6) and ART80-32 tugs (4) operated by Rivtow, and the ART85-32W (8) tugs operated by KOTUG. It also noted that, of these tugs, the RAstar85 tugs and the ART85-32W tugs were the primary aft active escort tugs for laden capesize ships.

Tug allocation guidelines

The escort towage strategy document stated that the most up-to-date information on tug allocations were those in the Port of Port Hedland - Port User Guidelines and Procedures available on the port’s website (see the section titled Pilbara Ports Authority).

The strategy largely replicated the tug allocations outlined in the 2015 escort towage strategy. 

Zone 3

It stated that, in zone 3, laden outbound ships would typically require 3 tugs and that the primary escort tug aft was to be the most capable tug asset available for the ship movement. It stated that the other 2 tugs should have their towlines tethered on the port and starboard shoulders of the ship prior to, and throughout zone 3, except where weather or other conditions made it unsafe to do so (Figure 12).

The strategy document noted that, in the event of a steering incident, navigation simulations had consistently demonstrated that pilots should initially instruct the aft escort tug to provide steering forces to counteract the rudder and control the heading before considering using the aft tug to provide braking forces to reduce speed. The shoulder tugs were to initially be used to provide braking forces and as ship’s speed reduced to less than 4 knots, the shoulder tugs could be used to control the ship’s bow.

The escort strategy emphasised that the shoulder tugs should maintain their towlines tethered as long as they could safely do so depending on the prevailing sea state. It also stated that, in all emergency scenarios in zone 3, having the shoulder tugs with their lines tethered was preferable so the tugs could immediately provide braking forces and assist with controlling the ship’s bow.

Zone 4

The towage strategy stated that the tug allocation in zone 4 was the same as zone 3 (Figure 12). Similarly, the escort towage procedure in the event of a steering incident in zone 4 was largely identical to that in zone 3, although the strategy noted that the channel was straight but narrower in zone 4 with ships generally making way at a higher speed (7–8 knots).

Importantly, the escort strategy stated that:

The shoulder tugs should maintain their towlines tethered as long as they can safely do so depending on their exposure to the prevailing sea state and interaction with the ship.

It also stated:

In all emergency scenarios in Zone 4, having the shoulder tugs with their lines tethered is preferable so that they can immediately provide braking forces and also be positioned to assist with controlling the position of the ship’s bow when the speed of the ship reduces.

Figure 12: Recommended tug configuration for capesize ships in zones 3 and 4

Figure 12: Recommended tug configuration for capesize ships in zones 3 and 4

Source: BHP, modified and annotated by the ATSB

Stakeholder actions

The escort towage strategy directed the following actions, among others, be implemented by the key stakeholders involved in executing the strategy:

  • Pilots to adopt the recommended escort tug configuration as presented in the strategy and use the escort tugs appropriately during emergencies
  • Tug masters to seek towage practice opportunities and continually improve towing techniques
  • Pilots and tug masters to conduct regular emergency training simulator sessions
  • PPA to monitor pilot and towage operator competency and performance and conduct ongoing reviews of operating procedures and guidelines to support best practice pilotage and towage operations. 

BHP subsequently submitted the escort towage strategy document to the PPA for review and official endorsement (see the section titled Pilbara Ports Authority).

BHP towage scheduling guidance

The BHP towage scheduling guidelines directed that the ideal tug allocation for an outbound ship was to assign an RAstar85 tug as the active escort tug aft and ART80-32 tugs for the shoulder tugs. However, the guidelines also acknowledged there would be exceptions and circumstances when the ideal allocation could not be achieved (for example, assignment to other ships, unplanned maintenance or tug crew training and availability). Under those circumstances, ART80‑32 tugs could be used as active escort tugs and RT80-32 tugs could be used as passive escorts.

Hagen Oldendorff’s aft active escort tug, RT Clerke, was an ART80-32 tug. At interview, the ship’s pilot advised that while it was unusual not to be assigned a RAstar85 tug for the aft active escort role, they were satisfied that the assigned tugs were adequate for the pilotage.

Table 2 below details the specifications of the 4 tugs assigned to Hagen Oldendorff on the morning of the grounding:

Table 2: Hagen Oldendorff's tugs

 

RT Clerke

RT Atlantis

RT Inspiration

RT Darwin

Type of tug

ART80-32

ART80-32

RT80-32

RT80-32

Bollard pull (t)

80

80

80

80

Position deployed

Stern

Starboard shoulder

Port shoulder

Starboard quarter

BHP stated that RAstar85 tugs and ART80-32 tugs were both routinely deployed as the aft active escort tug for capesize ship movements. BHP advised that the capabilities of both tug types were largely similar in the relatively moderate sea conditions prevailing on the night and that the improved escort performance of the RAstar85 tugs was only significant on those days when sea and wave conditions in the channel were particularly adverse.

BHP also advised that both tug types were certified for open water escort with on-water escort performance notations (EPN) issued by Lloyd’s Register (see Appendix B) and that all 4 assigned tugs and their crews were appropriate, capable and experienced. Furthermore, during the indirect towage training, when RT Clerke was being used to assist Hagen Oldendorff’s turn in the channel, the tug master reported generating tow forces of up to 81 tonnes. This was not significantly different to the maximum bollard pull of the RAstar85 tugs and therefore, it is unlikely that the allocation of a RAstar85 tug for the aft active escort role would have resulted in a significantly different outcome on the night.

Escort towage performance

RT Clerke

Following the rudder indicator power failure, the pilot ordered RT Clerke to apply indirect steering force to pull the stern to starboard. RT Clerke’s master acknowledged the order and set about manoeuvring the tug to the starboard quarter. About 30 seconds later, the tug passed astern of the ship to starboard and although not in its optimal towing position probably started applying some tow force. The tug’s approximately 30-second transition time from the port quarter across the ship’s stern to the starboard side was reasonable, within the observed response times in BHP and the port’s towage studies’ sea trials.

Similarly, when the pilot ordered RT Clerke to take the stern to port, the time for the tug’s transition from the starboard quarter until it crossed the ship’s stern to the port side and began applying tow force was about 38 seconds. The tug was in its optimal towing position and likely applying full indirect steering forces on the port quarter about 20 seconds later. 

Following the ship’s impact with the channel batter, the pilot ordered RT Clerke to pull the stern to starboard. However, RT Clerke’s master did not immediately acknowledge the pilot’s order and continued pulling the stern to port possibly because they did not hear the VHF transmission, or because they were focused on the task at hand. About a minute later, the pilot ordered RT Clerke to stop applying any force, which the tug master then acknowledged. The ship was recovered to the centre of the channel and stabilised shortly after and therefore, it is unlikely that the brief period when RT Clerke continued to pull the stern to port unduly increased risk. 

RT Inspiration 

About 30 seconds after the power supply to the rudder angle indicators failed, the pilot ordered RT Inspiration’s master to make fast again. As the tug master and ship’s crew worked to reconnect the tug, the pilot ordered RT Inspiration to ‘push full’ on the ship’s port bow. The tug master acknowledged the order and immediately began pushing. RT Inspiration continued pushing on the ship’s port side until about 20 seconds after the ship struck the channel batter when the pilot ordered the tug to stop. Hagen Oldendorff’s master informed the pilot that RT Inspiration was made fast at 0141, just over 2.5 minutes after the pilot’s order to make fast. This was a reasonable response time and less than then the average time to make fast (3 m 52 s) observed in BHP and the port’s towage studies’ sea trials.

RT Atlantis 

About a minute after the indicator failure, the pilot ordered RT Atlantis to make fast on the starboard bow. However, before the tug could be made fast, the pilot ordered RT Atlantis to move to the starboard quarter and push. About 40 seconds later, as RT Atlantis was getting into position, the pilot ordered the tug to ‘push full’ on the starboard quarter. About 10 seconds later, the tug was in position and pushing. The tug continued to push until ordered by the pilot to stop and make fast on the starboard bow shortly after the ship struck the batter. The time taken by the tug to transition from the starboard bow to get into its optimal position to push on the starboard quarter was just under 1 minute.

Pilbara Ports Authority

The port of Port Hedland is managed by the Pilbara Ports Authority (PPA),[38] which has overarching responsibility for safety and efficiency of port operations and the environment under the Western Australia state legislation. The jurisdictional responsibilities of the PPA are exercised through the designated port harbour masters.

Port Hedland operated a vessel traffic service (VTS) delivering information, advice and instructions to vessels, including scheduling, berthing and pilot transfer information. The port also operated a dynamic under keel clearance (DUKC) system to optimise cargo loading and determine sailing windows.

The PPA published several documents providing information and guidance on port operations and shipping movements. These included:

  • Port of Port Hedland – Port User Guidelines and Procedures
  • Port of Port Hedland – Vessel Movement Protocols
  • Port Handbook.

The latter 2 documents both directed port users to the port user guidelines and procedures as the authoritative document regarding shipping movements and towage requirements. 

Port user guidelines and procedures

The port user guidelines and procedures document was intended for use by all personnel and organisations engaged in shipping and provided guidelines governing the movement of vessels at the Port of Port Hedland. The PPA had the statutory authority to give effect to these guidelines and procedures within port limits.

The document included a section on tug allocation and towage strategy. The document advised that vessels departing the Stanley Point berths (where Hagen Oldendorff departed from) required a minimum of 4 tugs. The procedures stated that a dedicated active escort tug was to be positioned and secured aft for all departing deep-draught capesize vessels from the berth to beacons 15-16 (end of zone 5). It also stated that a dedicated passive escort tug may be positioned forward for all departing deep-draught capesize vessels from the berth to beacons 15‑16. 

The port procedures provided no further detail on the disposition, retention or use of the escort tugs.

Port strategic risk register

The port strategic risk register was formally reviewed on an approximately biannual basis by the port strategic risk review committee, which included representatives from the PPA, BHP, FMG, PHP and the towage providers. Channel blockage was an identified risk in the register with several associated risk controls documented including the escort towage strategy. 

The risk register documented that a business continuity plan (BCP) for channel blockage was first added as a proposed risk control in May 2018. In June 2019, a risk treatment action plan was added to the register relating to the channel blockage aspect of business continuity and in November 2019, the register noted that the PPA harbour master had presented the BCP to the committee. 

A review of records of minutes of the port strategic risk review committee from 2020, 2021 and 2022 showed that the channel blockage risk and associated risk controls, including the BCP, were a common subject of discussion. 

Business continuity plan (2020)

In May 2020, the PPA issued a document titled ‘Port of Port Hedland Business Continuity Plan for Channel Blockage.’ The business continuity plan (BCP) outlined the port’s risk management approach for channel blockage. It was intended as a summary document that provided information, options and recommendations to maintain continuity of operations in the event of a channel blockage and to guide ongoing preparedness for such an incident. The BCP noted that, in addition to a large array of information prepared by the PHWG, the BCP also utilised technical information from the various studies, simulations and trials conducted by BHP as part of the tug and tug harbour project and the development of the escort towage strategy.

The BCP reiterated risk assessment evaluations from previous studies, which confirmed that main engine slowdowns/failures and steering incidents that result in a loss of navigation control were the most likely incidents that could result in a channel blockage. It also stated that historical incident data and simulations indicated that the time available to respond to a steering incident and prevent a ship grounding was typically 60–90 seconds, if the escort towage risk controls were not implemented.

The BCP noted that there were 2 primary mitigating risk controls in the event of a ship control failure in the channel – shipboard emergency response procedures (initiated by the pilot and ship’s crews) and the tug fleet at Port Hedland. 

The BCP also stated that work completed by the PPA and the PHWG had identified a number of opportunities to further reduce the risk of channel blockage. Among these measures, the BCP identified improvements in towage procedures and stated the following as a ‘recently implemented towage practice’: 

In Zone 4, improvement in towage for inbound and outbound ship movements has been implemented. For outbound ship movements, tugs are tethered to each shoulder of the ship with their towlines remaining attached thru to B30/31, whenever possible. In so doing, simulations have indicated that the effectiveness of the deployed tug fleet improves, and Pilots have more options to manage ship control failures, including engine and rudder failures. In some moderate sea state conditions, certain tugs within the fleet may not be able to maintain their towlines on the windward side of the ship; however, for the majority of ship movements, shoulder tugs should be able to maintain their towlines to B30/31.

In the event of a channel blockage, the BCP stated that the PHWG had identified 2 options to provide partial business continuity – the development of a shallow water bypass channel and a slow speed passing of a grounded ship. The BCP documented considerations of the feasibility of the 2 options and identified further actions and recommendations to support the development and future implementation of these options.

Draft escort towage strategy (2020)

Following BHP’s submission of the escort towage strategy to the PPA in July 2020, the entire contents of the document was transferred to a PPA document template. This ‘draft’ PPA escort towage strategy document did not progress further and remained in draft format at the time of the Hagen Oldendorff grounding. 

During the ATSB investigation, the Port Hedland harbour master acknowledged receipt of the BHP escort towage strategy but advised that it remained a draft PPA document. The harbour master stated that towage allocation and strategy was to be conducted as directed by the port user guidelines and procedures and the BCP. The harbour master advised that, while pilots retained operational discretion, the contents of the BCP required that the shoulder tugs be kept fast until beacons 30-31 unless prevented from doing so due to environmental conditions. 

Port Hedland Pilots

Provision of pilotage services

Port Hedland Pilots (PHP) was established in 1995 and were contracted by the PPA to provide pilotage services in Port Hedland. The individual pilots were employed by PHP and licensed by the PPA. The PHP contract with the PPA provided for 14 permanent pilot posts, with 2 pilots employed to fill each post, for a total strength of 28 pilots. PPA consideration and approval for additional pilot posts was contractually linked to projected shipping movements and the PHP fatigue risk management plan.

PHP typically maintained 14 pilots in Port Hedland at any given time to provide pilotage services, although the actual number available for duty could be less due to pilots being away for training or due to delays in filling posts of pilots who had retired or resigned or due to other circumstances. 

Pilots typically worked a 4‑week duty period in Port Hedland followed by 4 weeks off and most pilots, including the incident pilot, operated on a fly-in-fly-out basis.

The pilot

The pilot on board Hagen Oldendorff had about 14 years’ sea going experience prior to taking up the role of a pilot in 2004. They had worked as a pilot in several ports around Australia, before joining PHP in 2015 and obtaining their unrestricted pilots license in 2018. At the time of the occurrence, the pilot held an Australian master’s certificate of competency, an unrestricted pilot’s licence for Port Hedland and had conducted over 1,700 ship movements in the port. 

The pilot had commenced a 4-week duty period in Port Hedland on 28 March 2022, 10 days before the Hagen Oldendorff grounding.

Fatigue

As outlined in Appendix C, the ATSB conducted a detailed analysis of the potential for pilot fatigue to have contributed to this serious incident. In summary, while there were factors that potentially reduced the pilot’s ability to obtain sufficient, restful sleep of the required quality, there was insufficient evidence to establish that the pilot’s sleep quantity and quality was impaired to the point where they were likely experiencing a level of fatigue known to have an effect on performance.

Safety management system

PHP operated under an SMS as a condition of the pilotage services contract with the PPA.[39] The SMS comprised various policies, procedures and forms relevant to PHP operations including procedures related to passage planning, conduct of towage and emergency procedures.

Passage planning procedure

The SMS procedure on passage planning was aimed at ensuring that all pilots met a minimum standard for pilotage passage planning. The procedure covered considerations for planning the ship movement, the content of the master-pilot information exchange and procedures for the pilotage transit, which stressed the importance of bridge resource management and communications. 

The passage planning procedure did not include any specific guidance or direction on the disposition, retention or use of towage assets. It directed pilots to refer to the port’s towage requirements, PPA guidelines and relevant marine notices on pilotage in Australia.[40]

Towage procedures

The SMS included several procedures on the subject of towage including the following (with the procedure’s approval date in brackets):

  • Towage requirements (28 December 2016)
  • Making tugs fast (1 July 2019)
  • Tug escort towage requirements (1 July 2019)
  • Indirect towage procedure (1 July 2019).

The SMS procedure titled Towage requirements stated that the harbour master advised tug requirements for different vessel categories and directed pilots to the PPA’s port user guidelines and procedures. It also stated that pilots should:

Maintain tugs in the position where they are most likely to be of greatest effect in the event of likely emergency situations.

Similarly, the procedure titled Making tugs fast directed pilots to:

Keep tugs fast for as long as it is safe for the tug to do so depending on environmental conditions, speed, and the particulars of the vessel. For capesize vessels the port’s recognised escort towage strategy should be adhered to.

The procedure titled Tug escort towage requirements covered the general procedures relating to escort towage. On the subject of capesize ship departures, the procedure stated that a RAstar85 tug (or an ART80-32 tug if a RAstar85 tug was unavailable) should be made fast aft and used in the active escort role until beacons 15-16. The procedure also stated:

One tug to be made fast on either shoulder in a position that is suitable for laying back alongside, i.e. two tugs fast forward. The shoulder tugs are to be kept fast until at least beacon 36/37 weather/sea conditions permitting.

The procedure also directed pilots to maintain the ship’s speed below 7 knots when the shoulder tugs were fast and less than 8 knots when the aft active escort tug was fast.

The Indirect towage procedure acknowledged the importance of pilots and tug masters practicing indirect towage during ship arrivals and departures to maintain competence. The procedure covered the circumstances under which indirect towage practice could take place and communication procedures for use during the practice. It stated that indirect towage practice could take place during the transit from the inner harbour to beacons 30-31 and between beacons 23-24 and beacons 15-16. It also required pilots to advise ship masters of the intention to conduct indirect towage practice, and to provide masters with an indirect towage notice form. The form identified the environmental parameters under which towage practice could occur, confirmed that the SWL for bitts and leads was adequate and directed the master to advise the pilot if there were any concerns.

There was no evidence that the pilot issued the indirect towage notice form to Hagen Oldendorff’s master. However, it is almost certain that the master was aware that indirect towage practice was taking place and did not object to it. Furthermore, Hagen Oldendorff’s aft bitts complied with the port’s SWL requirement of 120 t. Therefore, it is unlikely that the pilot’s oversight in not issuing the indirect towage practice notice to the ship’s master unduly increased risk.

Emergency procedures

The SMS included emergency procedures for various scenarios including groundings and steering failures. 

The emergency procedure for a steering failure directed pilots to:

  • inform VTS
  • notify tugs in attendance and direct them as required
  • call for additional tugs
  • consider stopping the main engine and consider indirect towage
  • check that crew were standing-by at anchors and following their emergency steering procedures 
  • look for a suitable anchorage or berth to avoid blocking the channel.

The emergency procedure for a ship grounding directed pilots to:

  • inform VTS and any other affected vessels
  • notify tugs in attendance, make fast and direct them as required
  • call for additional tugs
  • check that crew were standing-by at anchors and sounding spaces to determine damage
  • have a tug or other vessel check for external damage and report ship’s drafts
  • confirm which navigation and propulsion equipment was still functioning
  • look for a suitable anchorage or berth to avoid blocking the channel (if the ship was still afloat or could be refloated).

About 2 minutes after the indicator failure, the pilot made a broadcast on the port’s working channel (VHF channel 12), which stated, ‘Port emergency. Rudder failure. Not looking good’. The pilot’s declaration of a port emergency did not specify the ship’s name, which prompted the duty vessel traffic services operator (VTSO) to issue a query, addressed using the pilot’s initials, to verify the origin of the broadcast. In response to the VTSO’s query, the pilot on board KN Amethyst,[41] an outbound ship ahead of Hagen Oldendorff, confirmed that it was Hagen Oldendorff’s pilot who had declared the port emergency. The VTSO subsequently broadcast a call directed to all ships advising that the pilot required assistance near beacon 35 and directed any available tugs to respond. At about the same time, Hagen Oldendorff struck the channel batter.

The pilot’s actions following the loss of rudder angle indication was broadly consistent with the emergency response procedures in the SMS for a steering failure (see the section titled Response to the rudder angle indicator failure). There was no specific emergency procedure for a rudder indicator failure. Similarly, the pilot’s actions following the grounding were largely consistent with the associated procedure in the SMS.

Implementation of the escort towage strategy

The pilot ordered both Hagen Oldendorff’s shoulder tugs to cast off their towlines before the ship had passed beacons 36-37. Table 4 below sets out the time when the tugs were ordered to cast off, when their towlines were recovered and the respective locations of the ship at the time.

Table 4: Hagen Oldendorff tug release times and locations

Time

Event

0133:30Pilot orders RT Atlantis to cast off towline (Ship’s bow abeam of beacons 38-39)
0135:00Ship’s stern clear of beacons 38-39
0135:41RT Atlantis master confirms towline recovered (Ship about midway between beacons 38-39 and 36-37)
0135:45Pilot orders RT Inspiration to cast off towline (Ship’s bow approaching abeam of beacons 36-37)
0137:32Ship’s stern clear of beacons 36-37
0137:42CCTV footage from RT Inspiration shows towline cast off and being recovered on board the tug
0137:49Rudder angle indicator circuit breaker trips and rudder angle indication lost
0138:18RT Inspiration master confirms towline recovered
0140:34Ship grounds about 4 cables south-east of beacon 35

At interview, the pilot stated that the decision on where to cast off the shoulder tugs depended on several factors but was essentially at the discretion of each individual pilot. The pilot advised that their standard practice on outbound ships was developed over time and entailed having the shoulder tugs fast until about (or just before) beacons 36‑37. Both shoulder tugs would then be retained as a passive escort until beacons 30-31 when one would be dismissed and the other retained until beacons 15-16 when both remaining tugs (the passive escort tug forward and the aft active escort tug) would be dismissed.

Interviews with other pilots indicated a general consensus that decisions on tug retention and utilisation were largely at their discretion, with pilots variously casting off the shoulder tugs between beacons 38-39 and 30-31. While several of the interviewed pilots, including the incident pilot, expressed a general awareness the escort towage strategy and its recommended practices, they did not believe there was an obligation to comply with it. There was only a limited awareness of the BCP or of its contents among the interviewed pilots.

Check pilotage

The PPA undertook annual audits of pilots which took the form of a check pilotage and involved a PPA representative (usually the harbour master or a deputy harbour master) accompanying and observing the pilot’s conduct of a pilotage task. The pilot’s performance was assessed against several criteria and documented in a marine pilot audit form. The performance criteria included application of bridge resource management, clarity of conning orders and the management of tugs, among others.

A review of Hagen Oldendorff’s pilot’s check pilotage forms for 2020, 2021 and 2022 showed that they consistently performed satisfactorily with respect to the relevant performance criteria. The 2020 check pilotage involved an outbound ship movement while the 2021 pilotage involved an inbound ship. The 2022 check pilotage was conducted after the Hagen Oldendorff grounding, in June 2022. 

Simulation training

PHP pilots were required to undertake simulator training every 2 years. The training involved the pilot undertaking several exercises conducting various ship types in and out of Port Hedland with various pre-briefed emergency scenarios evolving during the exercise. The number and nature of the scenarios exercised were determined by an agreed training procedure with the scenarios drawn for a database of standard exercises. The training was typically conducted jointly with tug masters from Port Hedland towage providers and with a PPA representative present.

A review of the pilot’s simulator training report from their most recent simulator training session in July 2021 showed that the emergency scenarios exercised included main engine failures, steering failures (rudder lock at various rudder angles) and electrical blackouts. A rudder angle indicator failure was not among the exercised scenarios, nor was it part of the database of exercise scenarios.

Pilot equipment

The pilot was equipped with a Navicom Dynamics portable pilotage unit (PPU).[42] The pilot’s PPU was set up to comply with the requirements of a Class-A PPU. It provided very high accuracy, independent position, heading, speed and RoT data[43] while automatic identification system (AIS)[44] data was sourced from the ship by connecting the PPU to the ship’s pilot plug. 

The pilot’s PPU was set up to display RoT as a numerical value with positive values indicating a RoT to starboard and negative values indicating a RoT to port. The PPU also displayed the ship’s track and a ‘predictor’ to indicate where the ship would be 1 minute and 2 minutes into the future based on the vessel’s current course, speed and RoT. The pilot reported that their PPU was fully functional and was their preferred source of navigational data, both generally and during the Hagen Oldendorff pilotage. A review of the PPU replay of the pilotage and grounding determined that the data displayed by the PPU was accurate and consistent with that displayed on the ship’s equipment.

Similar occurrences

Iron King

On 31 July 2008, the fully laden, capesize, Isle of Man-registered bulk carrier Iron King, departed from its berth in Port Hedland with a pilot on board. As the ship made its way through the harbour, the towlines of the 4 assisting tugs were cast off. Shortly after, the rudder failed to respond to the pilot’s helm commands and the ship grounded to the east of Hunt Point, near beacon 44. The ship remained aground for about 12 hours until the next high tide when it was refloated, recovered to the centre of the channel and conducted to the outer anchorage. An underwater survey of the ship’s hull identified damage to the ship’s bow shell plating but no hull breaches or pollution of the sea.

The ATSB transport safety investigation report MO‑2008‑008 found that, on 2 occasions shortly before the ship grounded, Iron King’s rudder failed to respond to helm orders because the steering system hydraulic pressure was limited by a leaking actuator relief valve whenever the rudder moved to port. The investigation also found that it was normal practice for assisting tugs to be released before departing ships reached Hunt Point and that the pilot had not been provided with training in the implementation of a suite of ‘risk analysed’ responses to reasonably foreseeable emergency scenarios in a simulated environment.

Additionally, the investigation identified that Iron King’s SMS did not include procedures that adequately ensured that the ship’s master and crew were aware of, and drilled in, the emergency steering system change over procedure to be followed in the event of a loss of steering control.

Dumun

On 29 April 2011, the Panama-registered bulk carrier Dumun grounded while departing the port of Gladstone, Queensland with a pilot on board. After the ship departed the berth, the pilot released the 2 assisting tugs and dismissed them. About 30 minutes later, the ship’s steering appeared to stop responding to bridge commands. The bridge team assumed that the steering had failed, and the pilot ordered the main engine stopped and then started astern. However, these actions were not enough to prevent the ship from departing the Auckland Channel and grounding. There was no structural damage sustained by the ship, but the hull coating was scored and abraded with exposed metal in some areas.

The ATSB transport safety investigation report MO‑2011‑004 found that the ship's steering appeared to stop responding to bridge commands because the linkage between the tiller and rudder angle transmitter had become detached. The steering gear remained operational and continued to respond to helm orders, but the rudder angle transmitter lost its input signal and, as a result, the bridge mounted rudder angle indicator stopped working.

The ATSB determined that the ship's builders did not identify that the rudder angle indicator transmitter and tiller linkage were not installed correctly. The ATSB also found that the analysis of shipping operations in Gladstone, carried out by the relevant authorities, had not appropriately considered all that could be done to prevent the grounding of a ship as a result of steering gear or main engine failure. Additionally, a comprehensive SMS, with the aim of identifying, evaluating and controlling pilotage related risk, had not been implemented in the port.

Safety analysis

Introduction

On the morning of 9 April 2022, the fully laden capesize bulk carrier Hagen Oldendorff departed its berth in Port Hedland, Western Australia with a harbour pilot on board and 4 tugs assisting. The first of the tugs was cast off shortly after departure and the ship continued its passage of the port’s navigational channel. As the pilot navigated the ship through a turn in the channel, the 2 shoulder tugs were cast off and retained as passive escorts while the aft tug remained tethered as an active escort. Shortly after the turn was completed, the ship experienced a loss of electrical power supply to all the ship’s analogue rudder angle indicators and, a few minutes later, struck the western batter of the channel. The pilot manoeuvred the ship back into the centre of the channel and, with the assistance of additional tugs and a second pilot, resumed the outbound passage and conducted the ship to an anchorage outside port limits.

Subsequently, the ship was found to be taking on water in the number 1 and 2 port double‑bottom water ballast tanks. Surveys and inspections conducted over the following days identified substantial damage to the ship’s bottom shell plating including hull breaches of the shipside shell plating of the damaged tanks and the failure of the transverse bulkhead between the tanks. There were no reported injuries or pollution of the sea as a result of the grounding.

This analysis will consider the triggering event for the grounding – the loss of rudder angle indication – and the resilience of the system protections in place to mitigate such an event. The analysis will also cover the manoeuvring of the ship leading up to the grounding, the pilot’s use of the available tugs and, the port authority and pilotage organisation’s procedures and guidance for the effective use of those tugs. Finally, the effect of fatigue on the pilot’s performance was examined in detail however there was insufficient evidence to establish that the pilot was experiencing a level of fatigue known to have an effect on performance.

Events leading up to the grounding

Loss of rudder angle indication

As part of pre-departure checks, Hagen Oldendorff’s steering had been successfully tested in manual and non-follow-up (NFU) steering modes including under the observation of the pilot. After departure from the berth the ship’s passage through the inner harbour was uneventful, with all systems operating normally. However, following a turn to port, conducted with the assistance of the aft active escort tug (as part of routine training), the bridge rudder angle indicators stopped working and experienced a loss of illumination. While the autopilot rudder angle indicator display remained operational, neither the ship’s crew, nor the pilot were aware of it. Consequently, the bridge team, including the pilot, had no way of knowing the position of the rudder or if the steering gear was operational. 

In the moments leading up to the loss of rudder angle indication, the pilot was in the process of correcting a slight but developing turn to starboard using port helm. At the time of the power failure, the rudder (and rudder angle indicator) was at about midships. Subsequently, when the pilot’s helm order of port 10° was executed by the helmsman, the rudder indication remained amidships. The pilot, who remained concerned about the starboard rate of turn (RoT), increased their helm order to port 20°. Although unknown to the crew, the steering remained operational, and the rudder moved to port 20° while the indicator remained amidships. In the absence of any audible or visual alarms alerting the crew to an indicator failure, the bridge team reasonably perceived that there was a steering failure and acted accordingly. The loss of the rudder angle indication triggered the subsequent sequence of events which resulted in a turn to port and subsequent grounding. 

A shipboard investigation carried out over the following days identified that the tracking motor of the ship’s bridge-mounted omnidirectional rudder angle indicator had burnt out and failed. The motor failure resulted in a short circuit, which tripped the common protective circuit breaker in the bridge electrical cabinet. That in turn, resulted in a loss of electrical power supply to all 6 of the ship’s analogue rudder angle indicators without any associated audible or visual alerts. 

Contributing factor

During an outbound pilotage, the tracking motor of Hagen Oldendorff's bridge-mounted omnidirectional rudder angle indicator failed resulting in a short circuit which tripped the common circuit breaker for all the ship's analogue rudder angle indicators, with an associated loss of power to these rudder indicators. Consequently, the bridge team assumed that the ship’s steering had failed and implemented steering failure emergency procedures.

Response to the rudder angle indicator failure

The pilot and master’s response to the perceived steering failure included switching to NFU mode, applying port NFU input and ordering the steering gear room be manned. The helmsman’s port NFU input resulted in the rudder moving further to port, to about port 27°. However, in the absence of a working analogue rudder angle indicator and, being unaware of the autopilot indicator display, neither the pilot or the helmsman was able to determine what the rudder angle was or if steering control had been restored. The apparent ineffectiveness of the NFU input likely further convinced the bridge team that there was a steering failure. While the ship and pilot’s RoT indicators remained operational, it was probably challenging to infer that the steering remained operational based on the ship’s developing RoT alone. 

The pilot also issued orders to the aft active escort tug, RT Clerke, to take the stern to starboard, that is, to apply indirect steering forces at the stern to eliminate the starboard RoT. As the port rudder took effect, and the ship started turning to port, the pilot rescinded the tug’s order and instructed the tug to return to the port quarter and apply indirect steering forces to arrest the port turn. However, the pilot did not issue orders to return the helm to amidships. This may have been because the pilot believed issuing helm orders was futile or because they were now occupied with directing the available passive escort tugs, RT Inspiration and RT Atlantis.

The pilot also did not begin reducing the ship’s main engine setting until about 47 seconds after the rudder indicator failure. Nevertheless, once the main engine was stopped and the efforts of the 3 tugs began to take effect, the ship’s port RoT peaked at about 13.6° and then started decreasing. The initial order to RT Clerke to take the stern to starboard probably did not contribute to the ship’s port turn as the order was rescinded before the tug could get into optimal position for indirect towage on the starboard quarter. However, valuable time was lost as the tug moved from the port to the starboard quarter and then back again, which likely limited the pilot’s ability to arrest the port turn.

The port RoT continued to decrease slowly despite a subsequent order by the pilot, which resulted in the rudder being put hard over to port for about 20 seconds. This order was an error on the part of the pilot likely due to the combined effects of acute stress and high workload and was corrected shortly after upon being challenged by the master. However, by this time, the grounding was unavoidable, and the ship struck the batter shortly after at a speed of about 6.1 knots. 

Contributing factor

Following the initiation of emergency procedures for a steering failure, the pilot's manoeuvring orders, aimed at maintaining directional control of the ship, resulted in an uncontrolled turn to port. Despite attempts to arrest this turn, Hagen Oldendorff's port bow collided with the western side of the channel, at a speed of about 6.1 knots.

Escort towage strategy

Use of tugs

Following the introduction of tugs with improved escort towage capability in Port Hedland in 2017, a documented escort towage strategy was implemented to best utilise these tugs to mitigate the risk of channel blockage. For capesize ships, the towage strategy recommended pilots maintain the shoulder tugs fast on the port and starboard shoulders prior to, and throughout zone 3 and zone 4. The strategy acknowledged that, while weather or other conditions may render it unsafe to keep these tugs fast, it emphasised that the shoulder tugs should maintain their towlines tethered as long as they could safely do so. The weather on the morning of the grounding was relatively benign with winds at force 3–4 and 1 m seas and the conditions did not preclude the tugs being kept fast until beacons 30-31, as recommended by the strategy. 

The pilot had ordered Hagen Oldendorff’s shoulder tugs cast off well before beacons 30-31 (near beacons 36-37) as this was their preferred practice. While the pilot was aware of the escort towage strategy, they believed that adherence to its recommendations remained at their discretion. This view was also shared by other pilots with tugs being released at various locations between beacons 36-37 and 30-31 based on individual preferences. 

The escort towage strategy noted that, in the event of a steering incident, simulations had consistently demonstrated that initially, the aft escort tug should be used to provide steering forces to counteract the rudder and control the heading while the shoulder tugs were used to provide braking forces to slow the ship. However, when the rudder indicator failed, shortly after the ship passed beacons 36-37, both shoulder tugs, RT Inspiration and RT Atlantis, had been cast off and were passive escorts. Had these tugs been fast at the time, the pilot would have had more options at their disposal, including using both tugs to provide braking forces to slow the ship. 

Based on the ship’s speed and forward momentum, the shoulder tugs would likely have been of limited effectiveness in influencing the ship’s heading and it is also likely that using RT Atlantis to push on the starboard quarter was a more effective technique to reduce the port RoT than pulling on the starboard bow. Nevertheless, the ship’s port turn could not be arrested and the ship grounded, with consequent breaches of the hull and flooding. 

Hagen Oldendorff’s tug masters largely complied with the pilot’s orders effectively and within acceptable timeframes given the circumstances. It is reasonable to conclude that had the shoulder tugs remained fast and been used to provide braking forces as recommended in the escort towage strategy, that the ship may have struck the channel batter at a lower speed. Although difficult to quantify, even minor reductions in impact speed would likely have resulted in reductions in the impact energy thereby reducing damage to the ship. 

Contributing factor

The pilot’s decision to cast off the port and starboard escort tugs before the ship passed beacons 30 and 31 was inconsistent with the port’s identified and implemented best practice escort towage strategy. Consequently, when the rudder angle indicator failed, the pilot was unable to make the fullest possible use of these tugs to either reduce the ship’s speed or arrest the turn to port.

Port escort towage documentation

The blockage of the Port Hedland navigation channel was identified as a strategic risk to the port’s operations. Port Hedland is a key export port in the supply chains of several major Australian seaborne iron ore exporters and the economic consequences of a ship grounding and blocking the channel had the potential to be severe and far-reaching. Consequently, significant effort was invested into identifying and implementing measures to prevent, and to mitigate the effects of, a channel blockage. While these efforts identified several channel improvements and risk mitigation measures, the primary risk controls took the form of pilotage and escort towage for ships. 

As part of the procurement and introduction of escort-capable tugs at Port Hedland, BHP (one of the primary stakeholders with an interest in maintaining navigability of the channel), conducted various studies, simulations and trials aimed at identifying the most effective means of utilising these tugs. These studies, simulations and trials involved the assistance and participation of the Pilbara Ports Authority (PPA), Port Hedland Pilots (PHP), tug masters and other stakeholders. This core group of stakeholders evolved into the Port Hedland Working Group (PHWG), which oversaw the review, development and assessment of several channel blockage risk control measures including the escort towage strategy.

In 2013, an initiative was launched to procure tugs with improved escort towage capability and an interim escort towage strategy was developed to optimise the use of the port’s existing tugs. The interim strategy recommended that the shoulder tugs be kept fast until beacons 36-37 (end of zone 3). In 2015, an escort towage strategy was developed to supersede the interim strategy. The escort towage strategy identified that the most effective use of the escort tugs involved using an active escort tug fast aft until beacons 15-16 (end of zone 5) and 2 escort tugs tethered on the port and starboard shoulders until beacons 30-31 (end of zone 4) unless prevented from doing so by adverse environmental conditions. By 2017, a number of the improved escort towage tugs had been introduced and the measures in the escort towage strategy began to be implemented with evidence of shoulder tugs being kept fast by pilots until beacons 30-31 where conditions were favourable.

In 2020, BHP submitted an updated version of the escort towage strategy to the PPA for official endorsement as an operational port document. The strategy remained largely unchanged with respect to the use of tugs for capesize ships and recommended that tugs should have their towlines tethered on the port and starboard shoulders throughout zones 3 and 4, except where conditions made it unsafe to do so. However, the document remained in draft format with the PPA. The PPA directed port users to a public document, the port user guidelines and procedures, as the authoritative source of information on port operations including towage. However, the port user guidelines and procedures document did not include detail of the escort towage strategy’s recommended tug allocation and towage procedures or of the port’s expectations with regard to their implementation.

In 2018, a port business continuity plan (BCP) for channel blockage was introduced as a proposed risk control measure. Records of the port’s strategic risk review committee meetings, which were attended by PHP representatives, showed that the harbour master first presented a BCP to the committee in 2019 and in 2020, an updated version of the document was published. The BCP reiterated risk evaluations for channel blockage from previous studies and summarised elements of the escort towage strategy. It stated that the strategy had been implemented in the port and that in zone 4 tugs were tethered to each shoulder of outbound capesize ships with towlines attached through to beacons 30-31, whenever possible. It further stated that, in doing so, simulations indicated that the effectiveness of the deployed tug fleet was improved, and that pilots had more options to manage engine and rudder failures. The BCP was not a public document, and interviewed pilots expressed only limited awareness of its existence and of its contents. 

The PHP safety management system (SMS) included several procedures on the subject of towage. The procedures primarily directed pilots to the Port Hedland port user guidelines and procedures document for information on tug requirements. In general, the SMS directed pilots to maintain tugs where they would be of greatest effect in the event of an emergency and to keep tugs fast as long as it was safe to do so depending on factors such as weather, speed and the ship’s characteristics. 

The SMS also stated that, for capesize ships (such as Hagen Oldendorff), pilots were to adhere to the port’s recognised escort towage strategy and the PHP SMS procedure on escort tug towage requirements stated that tugs were to be kept fast until at least beacons 36-37. However, this reflected the practices in interim escort towage strategy and not the updated escort towage strategy implemented after the introduction of the improved escort tugs in 2017, which directed pilots to keep the shoulder tugs fast until beacons 30-31.

Neither the port user guidelines and procedures or the PHP SMS included clear directives or reference to the tug retention and usage recommendations of the escort towage strategy. Consequently, there was no consistent understanding or application by the pilots of the demonstrated, effective towage practices identified in the escort towage strategy. 

Contributing factor

Pilbara Ports Authority's port user guidelines and procedures did not reflect the best practice escort towage guidance detailed in the port's draft escort towage strategy and business continuity plan. The detail of these improved towage practices, designed to reduce the risk of channel blockages, were also not integrated into the Port Hedland Pilots' safety management system and were consequently, inconsistently applied by pilots. (Safety issue)

Regulations and standards

The International Convention for the Safety of Life at Sea (SOLAS) specified minimum standards for the construction, equipment and operation of ships to ensure an adequate level of safety. Flag States are responsible for ensuring that ships under their flag comply with the requirements of SOLAS. In practice, this is achieved by designing, constructing and maintaining ships in compliance with the requirements of a classification society recognized by the flag State and Hagen Oldendorff was classed with Lloyd’s Register (LR).

SOLAS regulations and class rules for steering gear required that steering gear control systems be equipped with short circuit protection and, audible and visual alarms to alert crew to an electrical power failure in the system. However, rudder angle indication systems were not considered a component of steering gear control systems and were required to be independent of control systems. 

Hagen Oldendorff was appropriately equipped with 6 rudder angle indicators spread across various locations on the ship. However, all 6 indicators were protected by a single circuit breaker located in the bridge electrical cabinet. Consequently, when the omnidirectional indicator on the bridge experienced a short circuit, it tripped the circuit breaker which removed power to all the ship’s rudder angle indicators. The protection of the ship’s mounted, analogue rudder angle indicators with a common circuit breaker constituted a single point of failure, which rendered the power supply to all the ship’s analogue indicators vulnerable to a fault in any one of them. 

Some classification societies, such as Det Norske Veritas (DNV), required that rudder angle indicating systems on some ships be arranged such that a single failure in power supply or anywhere in the indicating system did not cause a loss of rudder angle indication on the bridge. However, neither the minimum SOLAS regulations, nor the standard LR rules for ships, required such protection from single points of failure in rudder angle indication systems. 

Instead, LR offered optional notations, such as the ‘IBS’ notation, which could offer improved resilience by requiring each item of electrically operated navigation equipment be individually connected to its distribution panel. For example, had only the omnidirectional indicator failed, and the bridge front instrument cluster indicator remained operational, it is almost certain that the bridge team would have maintained awareness of the rudder angle and that the pilotage would have continued with only limited disruption. However, Hagen Oldendorff was not required to hold this notation and, in any event, the application of the requirement for individual connection to a distribution board to rudder angle indicators would rely on a favourable interpretation of the rules.

Furthermore, in the absence of protections against single points of failure, the rules and regulations also did not require audible or visual alarms to alert crew to a failure of power supply or to other failures in the rudder angle indication system. Hagen Oldendorff’s autopilot display offered a redundant source of rudder angle information, which remained operational after the electrical power to the analogue indicators had failed. However, this system was not required by either SOLAS or LR and neither the pilot, nor the ship’s crew were aware of this capability. While certainly a valuable resource had the pilot and crew utilised it, the ship’s bridge team assumed a steering failure and responded accordingly.

An audible/visual alarm that alerted crew specifically to a power failure of the rudder angle indicators would have provided the bridge team with assurance that the failure was limited to the indicators and that the steering gear remained operational. This would likely have inhibited the development of the sequence of events that culminated in the grounding.

Contributing factor

Although Hagen Oldendorff’s steering and rudder angle indicator systems complied with the applicable rules and regulations, neither the SOLAS regulations, nor the rules of the ship’s responsible classification society, Lloyd’s Register, mandated protection of the ship's rudder angle indication systems against a single point of failure in electrical power supply, nor did they require installation of audible or visual alerts to notify the bridge team of a power failure affecting the indicators. (Safety issue) 

Findings

ATSB investigation report findings focus on safety factors (that is, events and conditions that increase risk). Safety factors include ‘contributing factors’ and ‘other factors that increased risk’ (that is, factors that did not meet the definition of a contributing factor for this occurrence but were still considered important to include in the report for the purpose of increasing awareness and enhancing safety). In addition, ‘other findings’ may be included to provide important information about topics other than safety factors. 

Safety issues are highlighted in bold to emphasise their importance. A safety issue is a safety factor that (a) can reasonably be regarded as having the potential to adversely affect the safety of future operations, and (b) is a characteristic of an organisation or a system, rather than a characteristic of a specific individual, or characteristic of an operating environment at a specific point in time.

These findings should not be read as apportioning blame or liability to any particular organisation or individual.

From the evidence available, the following findings are made with respect to the grounding of Hagen Oldendorff in Port Hedland, Western Australia on 9 April 2022. 

Contributing factors

  • During an outbound pilotage, the tracking motor of Hagen Oldendorff's bridge-mounted omnidirectional rudder angle indicator failed, resulting in a short circuit which tripped the common circuit breaker for all the ship's analogue rudder angle indicators with an associated loss of power to these rudder indicators. Consequently, the bridge team assumed that the ship’s steering had failed and implemented steering failure emergency procedures.
  • Following the initiation of emergency procedures for a steering failure, the pilot's manoeuvring orders, aimed at maintaining directional control of the ship, resulted in an uncontrolled turn to port. Despite attempts to arrest this turn, Hagen Oldendorff's port bow collided with the western side of the channel, at a speed of about 6.1 knots.
  • The pilot’s decision to cast off the port and starboard escort tugs before the ship passed beacons 30 and 31 was inconsistent with the port’s identified and implemented best practice escort towage strategy. Consequently, when the rudder angle indicator failed, the pilot was unable to make the fullest possible use of these tugs to either reduce the ship’s speed or arrest the turn to port.
  • The Pilbara Ports Authority's port user guidelines and procedures did not reflect the best practice escort towage guidance detailed in the port's draft escort towage strategy and business continuity plan. The detail of these improved towage practices, designed to reduce the risk of channel blockages, were also not integrated into the Port Hedland Pilots' safety management system and were consequently, inconsistently applied by pilots. (Safety issue)
  • Although Hagen Oldendorff’s steering and rudder angle indicator systems complied with the applicable rules and regulations, neither the SOLAS regulations, nor the rules of the ship’s responsible classification society, Lloyd’s Register, mandated protection of the ship's rudder angle indication systems against a single point of failure in electrical power supply, nor did they require installation of audible or visual alerts to notify the bridge team of a power failure affecting the indicators. (Safety issue)

Safety issues and actions

Central to the ATSB’s investigation of transport safety matters is the early identification of safety issues. The ATSB expects relevant organisations will address all safety issues an investigation identifies. 

Depending on the level of risk of a safety issue, the extent of corrective action taken by the relevant organisation(s), or the desirability of directing a broad safety message to the marine industry, the ATSB may issue a formal safety recommendation or safety advisory notice as part of the final report.

All of the directly involved parties are invited to provide submissions to this draft report. As part of that process, each organisation is asked to communicate what safety actions, if any, they have carried out or are planning to carry out in relation to each safety issue relevant to their organisation. 

Descriptions of each safety issue, and any associated safety recommendations, are detailed below. Click the link to read the full safety issue description, including the issue status and any safety action/s taken. Safety issues and actions are updated on this website when safety issue owners provide further information concerning the implementation of safety action.  

Escort towage strategy

Safety issue number: MO-2022-007-SI-01

Safety issue description: The Pilbara Ports Authority's port user guidelines and procedures did not reflect the best practice escort towage guidance detailed in the port's draft escort towage strategy and business continuity plan. The detail of these improved towage practices, designed to reduce the risk of channel blockages, were also not integrated into the Port Hedland Pilots' safety management system and were consequently, inconsistently applied by pilots.

Escort towage strategy

Safety issue number: MO-2022-007-SI-02

Safety issue description: The Pilbara Ports Authority's port user guidelines and procedures did not reflect the best practice escort towage guidance detailed in the port's draft escort towage strategy and business continuity plan. The details of these improved towage practices, designed to reduce the risk of channel blockages, were also not integrated into the Port Hedland Pilots' safety management system and were, consequently, inconsistently applied by pilots.

Rules and regulations for rudder angle indicator systems

Safety issue number: MO-2022-007-SI-03

Safety issue description: Although Hagen Oldendorff’s steering and rudder angle indicator systems complied with the applicable rules and regulations, neither the SOLAS regulations, nor the rules of the ship’s responsible classification society, Lloyd’s Register, mandated protection of the ship's rudder angle indication systems against a single point of failure in power supply, nor did they require installation of audible or visual alerts to notify the bridge team of a power failure affecting the indicators.

Safety recommendation description: The Australian Transport Safety Bureau recommends that Lloyd’s Register takes steps to approach the International Association of Classification Societies and seek safety action to address the risk associated with a single point of failure in electrical power supply for ship's rudder angle indicators.

Rules and regulations for rudder angle indicator systems

Safety issue number: MO-2022-007-SI-04

Safety issue description: Although Hagen Oldendorff’s steering and rudder angle indicator systems complied with the applicable rules and regulations, neither the SOLAS regulations, nor the rules of the ship’s responsible classification society, Lloyd’s Register, mandated protection of the ship's rudder angle indication systems against a single point of failure in power supply, nor did they require installation of audible or visual alerts to notify the bridge team of a power failure affecting the indicators.

Safety recommendation description: The Australian Transport Safety Bureau recommends that the Australian Maritime Safety Authority provides the necessary support and assistance to the Liberia Maritime Authority in its efforts to seek safety action at the International Maritime Organization aimed at addressing the risk associated with a single point of failure in electrical power supply for ship's rudder angle indicators.

Rules and regulations for rudder angle indicator systems

Safety issue number: MO-2022-007-SI-05

Safety issue description: Although Hagen Oldendorff’s steering and rudder angle indicator systems complied with the applicable rules and regulations, neither the SOLAS regulations, nor the rules of the ship’s responsible classification society, Lloyd’s Register, mandated protection of the ship's rudder angle indication systems against a single point of failure in power supply, nor did they require installation of audible or visual alerts to notify the bridge team of a power failure affecting the indicators.

Safety recommendation description: The Australian Transport Safety Bureau recommends that the Liberia Maritime Authority takes steps to formally raise this safety issue with the International Maritime Organization to seek safety action aimed at addressing the risk associated with a single point of failure in electrical power supply for ship's rudder angle indicators.

Safety action not associated with an identified safety issue

Whether or not the ATSB identifies safety issues in the course of an investigation, relevant organisations may proactively initiate safety action in order to reduce their safety risk. The ATSB has been advised of the following proactive safety action in response to this occurrence.
Additional safety action by Pilbara Ports Authority

On 29 October 2024, the Pilbara Ports Authority issued a local marine notice requiring all ships calling at Port Hedland to have a suitably qualified and competent person on stand-by in the steering gear room when the ship was navigating in the channel. The marine notice stated that the person on stand-by in the steering gear room was to be:

  • trained and proficient in emergency steering procedures including switching to local steering and maintaining a direct means of communication to the ship's bridge
  • able to identify and communicate the actual position of the rudder (rudder angle) to the bridge when requested
  • able to steer the ship as directed from the ship's bridge
  • dismissed from steering gear room only after consultation with the pilot.

The marine notice also recommended that ships calling at Port Hedland conduct an emergency steering test before arrival.

On 30 May 2024, the PPA issued a local marine notice requiring all capesize ships be equipped with a closed circuit television (CCTV) camera in the steering gear room with a monitor on the bridge to provide CCTV camera footage of the rudder angle for the bridge team.

On 18 June 2024, the PPA issued a further local marine notice clarifying reporting requirements for machinery events, equipment malfunctions and safety issues for ships calling at Port Hedland.

Additional safety action by Wah Kwong Ship Management Hong Kong

On 28 June 2024, Hagen Oldendorff's managers, Wah Kwong Ship Management Hong Kong, advised the ATSB that, in March 2023, an audible and visual alarm was installed on board the ship to alert crew in the event the rudder angle indicators' circuit breaker tripped resulting in a loss of power supply to the indicators. In addition, closed circuit television cameras were installed in the ship's steering gear room to allow direct monitoring of the physical rudder angle from the bridge.

Additional safety action by Port Hedland Pilots

Following the grounding and the Port Hedland Pilots (PHP) internal investigation, PHP advised that pilots keep the forward 2 tugs fast as recommended for the relevant channel zones unless prevented from doing so by weather or other factors.

On 29 July 2024, Port Hedland Pilots advised that in October 2023, the organisation's fatigue risk management procedure was updated to mandate additional risk fatigue risk controls including:

  • a maximum FAID score of 75 for pilots who were more than 14 days into their 4-week duty period
  • a maximum FAID score of 70 for the duty pilot
  • a requirement that pilots obtain a minimum of 13 hours sleep in the 48-hour period before a pilotage
  • a maximum of 3 consecutive nights of pilotage work before a mandated rest period from 1900 to 0800 hours
  • self-declared sleepiness score of 6 to trigger an overnight rest period from 1900 to 0800 hours
  • self-declared sleepiness score of 7 to trigger an extended overnight rest period acknowledging elevated fatigue risk.

Glossary

AISAutomatic identification system
AMSAAustralian Maritime Safety Authority
BCPBusiness continuity plan
BHPTSBHP Towage Services
CCTVClosed circuit television
CSIRCouncil for Scientific and Industrial Research
DNVDet Norske Veritas
DUKCDynamic under keel clearance system
ECDISElectronic chart display and information system
EPN Escort performance notation
FAIDFatigue Audit InterDyne
FMGFortescue Metals Group
FRMPFatigue risk management procedure
HsSignificant wave height
IACSInternational Association of Classification Societies
IBSIntegrated bridge systems
IMOInternational Maritime Organization
ISM        International Management Code for the Safe Operation of Ships and for Pollution Prevention, 1995, as amended
LATLowest astronomical tide
LiMALiberia Maritime Authority
LR Lloyd’s Register
NFUNon-follow-up steering
PHPPort Hedland Pilots
PHWGPort Hedland Working Group
PPAPilbara Ports Authority
PPUPortable pilotage unit
PSWMPrior sleep wake model
RoTRate of turn
RPMRevolutions per minute
SMSSafety management system
SOLASThe International Convention for the Safety of Life at Sea, 1974, as amended
SP2 Stanley Point berth number 2
SWLSafe working load
UIUnified interpretation
VDRVoyage data recorder
VHFVery high frequency
VTSVessel traffic service
WAWestern Australia
WOCLWindow of circadian low

Sources and submissions

Sources of information

The sources of information during the investigation included:

  • Australian Maritime Safety Authority
  • BHP
  • directly involved officers and crew of Hagen Oldendorff
  • directly involved tug masters 
  • documents, drawings, manuals, logbooks and photographs from Hagen Oldendorff 
  • Hagen Oldendorff’s pilot
  • Lloyd’s Register
  • Pilbara Ports Authority
  • Port Hedland Pilots 
  • recorded information from Hagen Oldendorff’s voyage data recorder (VDR)
  • Wah Kwong Ship Management, Hong Kong.

References

Akerstedt, T., & Wright, K. P. (2009). Sleep loss and fatigue in shift work and shift work disorder. Sleep medicine clinics, 4(2), 257-271.

Australian Transport Safety Bureau, Report No. MO-2008-008, Independent investigation into the grounding of the Isle of Man- registered bulk carrier Iron King, Port Hedland, Western Australia, 31 July 2008, ATSB, 2009. Available at www.atsb.gov.au

Australian Transport Safety Bureau, Report No. MO-2011-004, Grounding of the Panama‑registered bulk carrier Dumun, Gladstone, Queensland, 29 April 2011, ATSB, 2012. Available at www.atsb.gov.au

Chambers, T. P., & Main, L. C. (2015). Symptoms of fatigue and coping strategies in maritime pilotage. International maritime health, 66(1), 43-48.

Costa G (1996) ‘Effects on Health and Well-Being’, In: Colquhoun WP, Costa G, Folkard S and Knauth P Shiftwork Problems and Solutions, Peter Lang, Germany.

Dismukes R, Goldsmith TE, and Kochan JA (2015) Effects of acute stress on aircrew performance: literature review and analysis of operational aspects, NASA/TM—2015–218930, NASA Ames Research Center, Moffett Field, California.

Folkard S and Tucker P (2003) ‘Shift work, Safety and Productivity’, Occupational Medicine, 53(2): 95-101.

Gregory, K., Hobbs, A., Parke, B., Bathurst, N., Pradhan, S., & Flynn-Evans, E. (2020). An evaluation of fatigue factors in maritime pilot work scheduling. Chronobiology International, 37(9‑10), 1495-1501.

International Chamber of Shipping 2016, Bridge Procedures Guide, Marisec Publications, London.

International Maritime Organization (IMO) 1995, International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) as amended, IMO, London. Available at www.imo.org

International Maritime Organization (IMO) 2014, The International Convention for the Safety of Life at Sea (SOLAS) 1974 as amended, IMO, London. Available at www.imo.org

International Maritime Organization (IMO), 2009, Resolution A.1021(26) Code on Alerts and Indicators, IMO, London. Available at www.imo.org

International Maritime Organization, 2019, MSC.1/Circ.1598 Guidelines on Fatigue, London, United Kingdom. Available at www.imo.org

Lloyd’s Register, 2019, Rules and Regulations for the Classification of Ships, London, United Kingdom.

Pilbara Ports Authority, 2020, Port handbook, Port Hedland, Australia.

Pilbara Ports Authority, 2021, Port user guidelines and procedures, Port Hedland, Australia.

Reale C, Salwei ME, Militello LG, Weinger MB, Burden A, Sushereba C, Torsher LC, Andreae MH, Gaba DM, McIvor WR, Banerjee A, Slagle J and Anders S (2023) ‘Decision-Making During High-Risk Events: A Systematic Literature Review’, Journal of Cognitive Engineering and Decision Making, 17(2): 188-212.

Riethmeister V, Matthews RW, Dawson D, de Boer MR, Brouwer S, and Bültmann U (2019) ‘Time-of-day and days-on-shift predict increased fatigue over two-week offshore day-shifts’, Applied Ergonomics, 78: 157-163.

Rosekind MR, Gander PH, Gregory KB, Smith RM, Miller DL, Oyung R, Webbon LL and Johnson JM (1996) ‘Managing Fatigue in Operational Settings 1: Physiological Considerations and Countermeasures’, Behavioural Medicine, 21: 157-165.

Tait, J. L., Chambers, T. P., Tait, R. S., & Main, L. C. (2021). Impact of shift work on sleep and fatigue in Maritime pilots. Ergonomics, 64(7), 856-868.

Van Dongen HP, Maislin G, Mullington JM and Dinges DF (2003) ‘The cumulative cost of additional wakefulness: dose-response effects on neurobehavioral functions and sleep physiology from chronic sleep restriction and total sleep deprivation’, Sleep, 26: 117-26.

Weaver, M. D., Sletten, T. L., Foster, R. G., Gozal, D., Klerman, E. B., Rajaratnam, S. M., ... & Czeisler, C. A. (2021). Adverse impact of polyphasic sleep patterns in humans: Report of the National Sleep Foundation sleep timing and variability consensus panel. Sleep health, 7(3), 293‑302.

Wickens CD, Hutchins SD, Laux L, and Sebok A (2015) ‘The Impact of Sleep Disruption on Complex Cognitive Tasks: A Meta-Analysis’, Human Factors, 57(6): 930-946.

Williamson A and Friswell R (2011) ‘Investigating the relative effects of sleep deprivation and time of day on fatigue and performance’, Accident Analysis & Prevention, 43(3): 690-697.

Submissions

Under section 26 of the Transport Safety Investigation Act 2003, the ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate. That section allows a person receiving a draft report to make submissions to the ATSB about the draft report. 

A draft of this report was provided to the following directly involved parties:

  • Australian Maritime Safety Authority
  • BHP
  • directly involved tug masters
  • Hagen Oldendorff’s pilot
  • Lloyd’s Register
  • Pilbara Ports Authority
  • Port Hedland Pilots
  • the ship’s flag State administration, Liberia 
  • Wah Kwong Ship Management, Hong Kong.

Submissions were received from:

  • Australian Maritime Safety Authority
  • BHP
  • Hagen Oldendorff’s pilot
  • Lloyd’s Register
  • Pilbara Ports Authority
  • Port Hedland Pilots
  • the ship’s flag State administration, Liberia. 

The submissions were reviewed and, where considered appropriate, the text of the report was amended accordingly.

Appendices

Appendix A – Key orders and events leading up to the grounding

TimeRudder angle (deg)RoT (deg/min)Heading (True)SOG (knots)Events, orders and decisions on 9 April 2022
0048:00Midships (0°)00340.0Hagen Oldendorff departed SP2 berth
0117:4511° S1.6° S0424.3RT Darwin cast off and dismissed
0135:410°8.9° P3446.6RT Atlantis cast off
0137:250°1° S3346.8Pilot orders starboard 10°
0137:307° S1.3° S3346.8Indirect towage training completed
0137:418° S3° S3356.8Pilot orders a heading of 335°
0137:429° S3.2° S3356.8RT Inspiration cast off
0137:470°3.6° S3356.8Pilot orders port 10°
0137:491° P3.8° S3356.8Power supply failure to rudder angle indicators
0137:5310° P3.6° S3356.8Rudder at port 10°
0137:5610° P3.7° S3356.9Pilot orders port 20°
0137:5916° P3.7° S3366.9Pilot orders RT Clerke ‘stern to starboard, 40 t’
0138:0019° P3.5° S3366.9RT Clerke moving from port to starboard quarter
0138:0120° P3.3° S3366.9Rudder at port 20° and starboard RoT decreasing
0138:0820° P2.4° S3366.9Pilot orders non-follow-up (NFU) port 20°
0138:1020° P2.1° S3366.9Pilot orders RT Clerke ‘stern to starboard, 60 t’
0138:1820° P0.7° S3366.9Pilot orders RT Inspiration to make fast 
0138:2120° P03366.9Helmsman applies port NFU input
0138:2920° P1.3° P3366.9RT Clerke passing astern of Hagen Oldendorff
0138:3020° P1.6° P3366.9Pilot orders RT Clerke ‘no weight’
0138:3624° P3° P3366.9Pilot orders main engine ‘half ahead’
0138:3827° P4° P3366.9Helmsman ceases port NFU input
0138:3928° P4.4° P3366.9Pilot orders RT Clerke ‘stern to port, 20 t’
0138:4428° P6.1° P3356.9Pilot orders RT Atlantis to make fast 
0138:4728° P6.9° P3356.9RT Clerke moving from starboard to port quarter
0138:5327° P8.5° P3346.9Pilot orders main engine ‘slow ahead’
0138:5527° P8.9° P3346.9Pilot orders RT Clerke ‘stern to port, full’
0139:1227° P12.2° P3316.9Pilot orders main engine ‘dead slow ahead’
0139:1927° P12.9° P3296.9RT Clerke on port quarter starting to apply tow force
0139:2027° P12.9° P3296.9Pilot orders RT Inspiration ‘push full’
0139:2427° P13.4° P3286.8Pilot orders ‘stop engines’
0139:2826° P13.6° P3276.8RoT peaks at 13.6° to port
0139:3026° P13.5° P3266.8Pilot orders RT Atlantis ‘push on [starboard] quarter’
0139:3526° P13.4° P3256.7Pilot orders rudder hard to port/ Master queries order
0139:3828° P13.3° P3256.7Helmsman applies port NFU input
0139:4035° P13.4° P3246.7Rudder hard to port
0139:4435° P13.3° P3236.7Pilot to VTS, ‘Port emergency. Rudder failure.’
0139:5035° P12.8° P3226.6Master queries pilot’s order of hard to port again
0139:5435° P12.7° P3216.6Pilot orders rudder hard to starboard
0139:5535° P12.7° P3216.6Helmsman applies starboard NFU input
0140:0111° P12° P3206.6RT Inspiration confirms pushing full on port bow
0140:058° S11.3° P3196.5Pilot orders ‘dead slow astern’
0140:1030° S10° P3186.5Pilot orders RT Atlantis ‘push full’ on quarter
0140:1135° S10 °P 3186.4Rudder hard to starboard
0140:3035° S3° P3166.2VTS broadcasts request for towage assistance
0140:3435° S3° P3176.1Hagen Oldendorff grounds

Appendix B – Escort Performance Notation

For escort tugs, Lloyd’s Register offers the specific notation EPN (F,B,V,C) to denote the escort performance numeral of the vessel obtained by full scale testing of the vessels. The EPN is made up of a series of values (F,B,V,C), defined as follows:

  • F: Maximum steering force, in tonnes
  • B: Maximum braking force, in tonnes
  • V: Speed, in knots, at which F and B are determined
  • C: Time, in seconds, required for the escort tug in manoeuvring from maintained oblique position of the tug giving it a maximum steering force on one side of the assisted vessel to a mirror position on the other side.

The EPN values of the Rivtow (BHP towage service) tug fleet at Port Hedland is detailed in Figure 13 below. In the table, the value of ‘F’ (maximum steering force) is denoted by ‘Fs’ and the value of B (maximum braking force) is denoted by ‘Fb’. The values of Fs and Fb are provided for a ‘V’ of 6 knots, 8 knots and 10 knots.

The value of ‘C’ (transition time from port to starboard or vice versa while providing maximum steering forces) for the RAstar85 tugs at 6 knots and 8 knots was 45 seconds.

Figure 13: Tug escort performance notations

Figure 13: Tug escort performance notations

Source: BHP

Appendix C – Pilot fatigue analysis

Fatigue

The International Maritime Organization (2019)[45] defined fatigue as:

A state of physical and/or mental impairment resulting from factors such as inadequate sleep, extended wakefulness, work/rest requirements out of sync with circadian rhythms and physical, mental or emotional exertion that can impair alertness and the ability to safely operate a ship or perform safety-related duties.

Fatigue is a hazard because it affects everyone regardless of skill, knowledge and training and its effects can be particularly dangerous in the transportation sector, including the aviation and maritime industry.

Fatigue can be caused by any one or more of a range of factors including:

  • lack of sleep (or inadequate restorative sleep)
  • poor quality of sleep and rest
  • circadian effects
  • stress
  • excessive workload. 

Fatigue can have a range of effects on human performance, including:

  • decreased short-term memory
  • slowed reaction time
  • decreased work efficiency
  • reduced motivational drive
  • increased errors of omission
  • lapses in attention
  • increased distractibility
  • reduced vigilance and reaction time.

Inadequate quantity and quality of sleep is a primary contributor to fatigue. Most people generally require 7–8 hours of sleep to achieve a maximum amount of alertness and performance. 

Pilot rostering

The PHP pilot rostering system involved the rotational allocation of pilots to ships in an ‘endless belt’ rotation where a pilot was allocated a pilotage task, then dropped to the bottom of the list, moving up as pilots further up the list were allocated pilotage tasks sequentially. The pilotage schedule and individual pilotage assignments were usually finalised between 1600–1800 every evening. Hagen Oldendorff’s pilot preferred to be awake at this time to ascertain when their next pilotage task was so they could plan their sleep accordingly. 

Fatigue risk management system

Introduction

PHP operated a fatigue risk management system as part of the organisation’s contractual obligations to the PPA. The PHP fatigue risk management procedure (FRMP) formed part of the pilots’ SMS and compliance with the procedure was regularly audited. The procedure acknowledged that a channel blockage was a critical risk to the port, that pilot performance was a key mitigating risk control, and that fatigue-related impairment was a credible risk to pilot performance. The procedure identified that the most effective means to manage the effects of fatigue was to have restorative sleep and that the pilot’s work schedule was the primary means of managing pilot work and rest hours.

The FRMP provided a general overview of several methods, tools and criteria used in fatigue assessment. Of these, the procedure primarily applied the following 3 methods in assessing pilot fatigue and suitability for work:

  • a biomathematical model fatigue assessment (FAID)
  • a prior sleep wake model (PSWM)
  • a fatigue self-assessment declaration. 

The outcomes of these 3 elements of the PHP fatigue assessment determined whether a pilot could be assigned a given pilotage task. In the event a pilot breached any of these criteria, other options were considered, with the most common measure being to rotate that pilot out of the roster to a task at a more appropriate time, with the next pilot in line being assigned the ship movement.

Biomathematical fatigue model

Biomathematical models are tools for predicting fatigue levels based on a scientific understanding of the factors that contribute to fatigue. PHP utilised a software tool called Fatigue Audit InterDyne (FAID). The FAID bio-mathematical model of fatigue assessed the predicted level of fatigue based on the pilots’ rostered hours of work. Pilots logged the start and finish times of their pilotage tasks, and the FAID tool generated a predicted score for the expected completion time of the pilot’s following task.

A FAID score of 75 was considered the upper threshold for ‘normal’ pilotage jobs[46] although pilots with FAID scores of up to 80 could be rostered under certain circumstances with additional controls and approvals.

The incident pilot’s predicted FAID score at the completion of the Hagen Oldendorff pilotage was 73. That score was based on the time of day and duration of the pilot’s pilotage tasks over the previous 7 days, subsequent rest opportunities and, time of day and expected duration of Hagen Oldendorff’s outbound pilotage. The ATSB’s biomathematical analysis of the pilot’s roster using FAID produced similar results to the PHP score.

Prior sleep wake model

The prior sleep wake model (PSWM) was designed to account for actual sleep obtained and used 3 simple criteria to estimate when fatigue became an unacceptable risk in the workplace. The PHP PSWM proposed that:

  • pilots should obtain a minimum of:
    • 5 hours sleep in the previous 24-hour period 
    • 12 hours sleep in the previous 48-hour period
  • time awake (the period from the pilot waking up to the end of their pilotage task) should not exceed the total sleep in the previous 48-hour period. 

An automatic phone calling system notified pilots of their scheduled pilotage tasks 90 minutes prior to the planned pilot-on-board time. The pilot’s ‘time awake’ parameter for each shift was therefore calculated from 90 minutes prior to pilot-on-board time. The incident pilot usually set an alarm an additional 15 minutes before the time of the expected automated call. 

A review of the pilot’s roster over the 72 hours before they woke to prepare for Hagen Oldendorff’s pilotage identified that the pilot had sufficient opportunity to obtain adequate, restful sleep. 

Table 3 below details the pilot’s sleep opportunity over the preceding 3 days. The rest opportunity was calculated from one hour after the completion of a pilotage (to allow for travel back to accommodation) to 105 minutes before the next pilot-on-board time (the 90 minute automatic callout plus the pilot’s 15 minute allowance). The pilot estimated they woke at about 2230 on 8 April and boarded Hagen Oldendorff at 0018 on 9 April.

Table 3: Pilot rest opportunity leading up to the Hagen Oldendorff pilotage

DateRest opportunity (From/To)Total rest opportunity
8 April0610­ on 8 April to 2230 on 8 April16 h 20 m
7 April1500 on 7 April to 2351 on 7 April8 h 51 m
6/7 April1645 on 6 April to 0833 on 7 April15 h 48 m

Based on the pilot’s recollection and the PHP investigation report, the pilot estimated they obtained at least 8 hours of sleep in the 24 hours preceding the grounding. About 3–4 hours was reportedly obtained immediately before waking up for the pilotage with the rest obtained earlier during the day. Similarly, the pilot estimated they had obtained at least 8 hours of sleep every 24 hours over the preceding 2 days. While the sleep opportunity identified in Table 3 above demonstrates that it was possible for the pilot to have obtained the reported sleep, the pilot could not recall the exact hours of sleep obtained. 

Fatigue self-assessment 

The final element in the PHP fatigue assessment involved a subjective pilot self-assessment of their fatigue levels. The self-assessment was made using the Samn-Perelli fatigue scale – a scale from 1 to 7 – where 1 is ‘fully alert and wide awake’ and 7 is ‘completely exhausted, not able to function’.

The pilot self-assessed a fatigue score of 5 (Moderately tired, let down) at the commencement of the Hagen Oldendorff pilotage. However, the pilot also self-assessed the same score of 5 at the conclusion of the pilotage, indicating that the fatigue self-assessment was likely an unreliable risk control for fatigue. 

Sleep quality

During their 4-week duty periods in Port Hedland, pilots generally resided in suitable accommodation that was quiet, temperature-controlled and conducive to restful sleep. Nevertheless, the nature of pilotage work meant that the sleep obtained was often not of optimal quality. Marine pilotage is typically characterised by irregular and unpredictable work periods (shifts) around the clock. This is particularly the case for pilotage in Port Hedland where most laden capesize ships can only be sailed out on the high tide.[47] 

Research demonstrates that working these types of shifts results in sleep that is significantly shorter and of inferior recuperative value, even though many shifts are not excessive in length (Gregory et al, 2020; Chambers and Main, 2015). Sleep under these circumstances is also fragmented and more difficult to initiate (Weaver et al, 2021: 300). A study of 40 Australian marine pilots found that sleep quality following a night shift, where pilots are attempting to sleep in the early morning or day time, was significantly worse compared to sleep that occurred before working a day shift (Tait et al, 2021).

The pilot’s reported 8 hours of sleep was likely segmented, and the pilot reported that it was often difficult to get to sleep when assigned pilotage tasks in the early hours of the morning. The pilot also acknowledged that their sleep that day was ‘broken’ and ‘not good’. Analysis of the pilot’s mobile phone activity during the day showed that their reported 8 hours of sleep was probably broken into periods of between 2–5 hours’ sleep at a time. Sleep during the circadian peak for alertness (daytime hours), when we are least likely to fall asleep, generally results in a significantly reduced amount of recovery sleep (Akerstedt and Wright, 2009).

Effects of circadian rhythm

The grounding occurred at about 0140, during the nighttime circadian rhythm trough, and just outside the window of circadian low (WOCL, 0200 – 0600). Circadian effects on alertness and performance are well documented. Performance during the circadian trough is associated with lower alertness, slower reaction time, reduced cognitive performance and poorer accuracy compared to during the circadian peak (daytime hours) (Van Dongen and Dinges, 2005; Folkard and Tucker, 2003). However, the pilot’s rest opportunity/sleep over the preceding 72 hours included a period over the nighttime circadian trough (from 1645 on 6 April to 0833 on 7 April). Additionally, the presence of circadian effects in an occurrence is not sufficient on its own to establish the existence of fatigue (Riethmeister et al, 2019:158; Williamson and Friswell, 2011). Nevertheless, the pilot’s ability to manage the increased workload arising from managing the response to the incident was likely affected by the circadian effects of operating in the early hours of morning, just outside the WOCL.

Workload, stress and decision-making

Following the rudder angle indicator failure and the development of the turn to port, the pilot’s workload in managing the emergency naturally increased. Effective decision-making during an emergency is inherently challenging due to the time pressure, uncertainty, novelty, and the dynamic decisional environment (Reale et al, 2023). Research has shown decision-making under stress becomes less systematic and more hurried; fewer alternative choices are considered; and communication is reduced and of poorer quality, disrupting effective team performance (Dismukes, Goldsmith and Kochan, 2015).

For example, shortly after the ship started turning to port towards the side of the channel, the pilot ordered the rudder hard over to port. However, this order conflicted with the orders previously issued to the 3 escort tugs aimed at arresting the turn to port. The pilot’s rudder order of hard to port was an error on the part of the pilot who almost certainly intended to say, ‘hard to starboard’ and not ‘hard to port’. While documented effects of fatigue include increased incident of human error (Wickens et al, 2015), and decrements in vigilance, reaction time, information processing, and decision making (Rosekind et al, 1996:158), these behaviours are also characteristic of the effects of acute stress on decision-making under uncertainty. 

Summary

The pilot’s FAID score of 73, PSWM hours of sleep and self-assessed fatigue score of ‘5’ was within the allowable limits of the PHP fatigue management procedure. Although, the pilot’s sleep history leading up to the grounding could not be definitively established, the pilot estimated obtaining at least 8 hours sleep in the preceding 24 hours and a similar amount of sleep each day over the previous 2 days. While the sleep in the 24 hours before the grounding was likely not of optimal quality, the 72-hour period before the grounding included an overnight rest opportunity when good quality sleep was most likely to be obtained. 

Therefore, while there were factors that potentially reduced the pilot’s ability to obtain sufficient, restful sleep of the required quality, there was insufficient evidence to establish that the pilot’s sleep quantity and quality was impaired to the point where they were likely experiencing a level of fatigue known to have an effect on performance. 

PHP fatigue trends

A PHP assessment of fatigue and roster data over a 3-year period from 2018–2020 identified that the number of alterations of the pilot roster sequence[48] due to unacceptable FAID and PSWM scores was increasingly trending upwards with an average of 21 changes per quarter.

The assessment acknowledged that while the FAID program considered sufficient sleep opportunity, it did not account for actual amount of sleep or sleep quality. Furthermore, it only considered the cumulative effects of a 7-day work history, rather than the entire 4-week duty period. The assessment also noted that the PSWM score did not differentiate between longer, better quality sleep and a series of shorter, lower quality sleep periods, which were often the case.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through: 

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

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[1]      Based on the port’s dynamic under keel clearance (DUKC) system, the tidal window for the ship’s departure was between 0016 and 0156 on 9 April 2022. High water was at 0236 with a tide height of 5.25 m.

[2]      The part of the ship where the curve of the bow meets the middle parallel body.

[3]      Surface of the of the ship’s hull aft of midship and forward of the stern on either side.

[4]      The Beaufort scale of wind force, developed in 1805 by Admiral Sir Francis Beaufort, enables sailors to estimate wind speeds through visual observations of sea states.

[5]      One cable equals one tenth of a nautical mile or 185.2 m.

[6]      In indirect towing, the tug uses its thrust to maintain a sheered position relative to the ship’s heading and generates towing forces (indirectly) by using a combination of the tug’s weight and drag on the tug’s hull and transmitted via the towline. When working at the stern of a ship, this method can generate substantially higher bollard pull at speeds through the water greater than 6 knots.

[7]      All speeds referred to in this report are ‘made good/over the ground’.

[8]      One knot, or one nautical mile per hour equals 1.852 kilometres per hour.

[9]      A tug that follows a ship closely but is not connected via a towline.

[10]    A voyage data recorder is designed to collect and store data from various shipboard systems in compliance with SOLAS requirements.

[11]    Rate of turn is the instantaneous rate of change of the ship’s heading, expressed in degrees per minute.

[12]    Direction of the bow of a vessel expressed in degrees, either true or magnetic. All ship’s headings in this report are in degrees by gyro compass with negligible error.

[13]    The tugs providing indirect towage were equipped with a calibrated towline tension meter to monitor the towline tension and thereby the tow force being generated by the tug.

[14]    Non-follow‑up (NFU) is a backup method for steering the ship. In the NFU mode, the rudder turns while the lever is held to port or starboard and remains at this angle when the lever is released.

[15]    An event that poses significant risk to the safe or continued operation of the port by affecting safety of personnel in the port area, shipping channel, port assets or infrastructure

[16]    FMG Dusky was returning after escorting the outbound ship Ocean Hong Kong and had just passed Hagen Oldendorff. Iron Ibis and Iron Whistler were returning after being dismissed from escorting another outbound ship, KN Amethyst, and were just ahead of Hagen Oldendorff. RT Darwin and Iron Kestrel were in the Hunt Point tug pens with RT Darwin having been earlier dismissed from Hagen Oldendorff, while Iron Kestrel was preparing for the departure of another ship.

[17]    A detention is an intervention action taken by the port state when the condition of the ship or its crew does not correspond substantially with the applicable conventions. The action is taken to ensure that the ship will not sail until it can proceed to sea without presenting a danger to the ship or persons onboard, or without presenting an unreasonable threat of harm to the marine environment, whether or not such action will affect the scheduled departure of the ship.

[18]    Incident report alert form 18 and incident report form 19, available at www.amsa.gov.au

[19]    BHP own and operate 8 berths at Port Hedland for the export of iron ore.

[20]    Capesize ships generally have dimensions larger than that allowable for transit of Panama and Suez Canals and therefore have to sail around Cape Horn and the Cape of Good Hope.

[21]    International Maritime Organization, 2014, The International Convention for the Safety of Life at Sea (SOLAS) 1974 as amended, IMO, London.

[22]    SOLAS Ch V/Reg 26

[23]    International Maritime Organization, 2018, International Management Code for the Safe Operation of ships and for Pollution Prevention (ISM Code) as amended, IMO, London.

[24]    SOLAS Ch V/Reg 14

[25]    International Chamber of Shipping 2016, Bridge Procedures Guide, Marisec Publications, London.

[26]    SOLAS Ch II-1/Reg 29

[27]    SOLAS Ch V/Reg 19

[28]    Lloyd’s Register, 2019, Rules and Regulations for the Classification of Ships, Part 5 Main and Auxiliary Machinery, Chapter 19 Steering Systems, Section 4 Steering control systems.

[29]    The port’s annual throughput for the year 2021-2022 was 561 million tons from 3,289 vessel visits and with iron ore exports making up 93.4% of the port’s export commodities.

[30]    In 2001, BHP Limited merged with Billiton Plc to form BHP Billiton. In 2018, ‘Billiton’ was dropped from the organisation’s name, and it is now known as BHP.

[31]    An azimuth thruster is a type of marine propulsion unit where a propeller is integrated into a pod which can be rotated 360° thereby integrating the propulsion and steering functions into a single unit. 

[32]    A ‘Z-drive’ is a transmission configuration used to connect the mechanically‑supplied driving energy to the azimuth thruster device, such that the rotary motion has to make 2 right angle turns (thus resembling the letter ‘Z’).

[33]    ‘Bollard pull’ is the most commonly used measure of a tug’s performance. It can be described as the maximum thrust developed by the tug’s propulsion systems when it is stationary in the water. When the tug is making way, the towing force generally decreases due to external factors such as weather and the underwater resistance of the tug’s hull.

[34]    A pair of upright cylindrical steel posts projecting above the deck of a ship used for securing lines, in this case, for towing.

[35]    In September 2017, the PPA notified ship operators that cape size ships calling at Port Hedland were required to have a set of towing bitts and a Panama lead rated to a minimum SWL of 120 t on the vessel’s aft deck. These requirements came into force on 1 February 2021.

[36]    Significant wave height (Hs) is traditionally defined as the average height of the highest one-third of the waves experienced over time and generally corresponds to the wave height visually estimated by a skilled observer such as an experienced mariner.

[37]    A render/recover winch is a dynamic, constant-tension winch control system that was capable of automatically hauling in and paying out the towline as required to maintain a constant tension on the line.

[38]    The Pilbara Ports Authority (PPA) was established on 1 July 2014, as a result of the Ports Legislation Amendment Act 2014 which consolidated 7 of Western Australia’s 8 port authorities into 4 new regional port authorities. The PPA was formed by the amalgamation of the former port authorities of Dampier and Port Hedland and also encompassed the ports of Ashburton and Varanus Island.

[39]    Port Hedland Pilots were required to comply with the relevant requirements of the International Standard for Maritime Pilot Organizations (ISPO) – an international standard of best practice for pilotage organisations with certification carried out by recognised classification societies. ISPO accreditation was maintained through regular audits of PHP operations and the SMS.

[40]    Marine notices are published by the Australian Maritime Safety Authority (AMSA) and provide important safety‑related information, general guidance and details about upcoming changes to legislation to the shipping and maritime community.

[41]    KN Amethyst and Ocean Hong Kong were the 2 outbound ships ahead of Hagen Oldendorff. KN Amethyst departed Finucane Island berth ‘B’ about an hour before Hagen Oldendorff departed, while Ocean Hong Kong departed Anderson Point berth 1 about 30 minutes before Hagen Oldendorff.

[42]    A PPU is a specialised navigation aid used by pilots and typically consists of a tablet or laptop device loaded with electronic chart software, with associated position reference systems and sensors to provide position, heading and automatic identification system (AIS) data. The PPU may have its own independent sources for this data, or it may rely upon connection to the ship’s pilot plug to source this data from the ship’s navigational equipment. 

[43]    Australasian Marine Pilots Institute, 2020, AMPI PPU Code of Good Practice – For the implementation and use of Portable Piloting Units, 2nd edition, AMPI, Wollongong, New South Wales. 

[44]    The automatic identification system (AIS) is a maritime communications system that uses the very high frequency (VHF) radio band to transfer data such as a vessel’s course, speed and other dynamic and static data. The system enables AIS-equipped vessels and shore-based AIS stations to send and/or receive identification information that, in addition to the AIS unit, can be displayed on an electronic chart system, compatible radar or PPU.

[45]    International Maritime Organization, 2019, MSC.1/Circ.1598 Guidelines on Fatigue, London, United Kingdom.

[46]    The FAID score threshold was reduced to 70 in the event of an ‘abnormal’ pilotage task. An ‘abnormal’ pilotage task was one that involved factors that were likely to increase pilot workload, for example, strong winds, large tidal ranges, reduced visibility or a vessel with poor handling characteristics. 

[47]    Port Hedland predominantly experiences semi-diurnal tides with 2 high tides (high water) and 2 low tides (low water) every lunar day (24 hours and 50 minutes). Further, the deepest draught ships that call at Port Hedland can often only be sailed out on the spring tides which occur twice every lunar month (approximately 29.5 days). Ships that miss this sailing window may then have to remain in port for the duration of the neap tides until the next spring tide.

[48]    An alteration of the pilot roster sequence usually occurred when a pilot in the belt roster had to be skipped and moved further down the sequence due to an exceedance of one of the 3 fatigue criteria (unacceptable FAID/PSWM score or adverse fatigue self-assessment). 

Interim report

Report release date: 07/06/2023

This interim report details factual information established in the investigation’s early evidence collection phase and has been prepared to provide timely information to the industry and public. Interim reports contain no analysis or findings, which will be detailed in the investigation’s final report. The information contained in this interim report is released in accordance with section 25 of the Transport Safety Investigation Act 2003.

The occurrence

On the morning of 7 April 2022, the 300 m Liberian registered bulk carrier Hagen Oldendorff (Figure 1) arrived at Port Hedland, Western Australia from Tianjin, China, to load a cargo of iron ore. By 0900 local time, the ship was all fast port side alongside at Stanley Point (SP2) berth, operated by Roy Hill Iron ore. Shortly after, the ship commenced loading.

Figure 1: Hagen Oldendorff

Figure 1: Hagen Oldendorff

Source: Australian Maritime Safety Authority

By 1544 the following day, 8 April, Hagen Oldendorff had completed loading 205,465 tonnes of iron ore and was drawing forward and aft draughts of 18.34 m and 18.42 m, respectively. The ship’s departure was planned for 0045 during the next tidal window, which was between 0016 and 0156 on the following day.

By 0001 on 9 April, Hagen Oldendorff had its main engine on standby for departure, having completed pre-departure checks, which included the testing of the steering gear, main engine, and other navigational equipment. At about 0018, a harbour pilot boarded the ship, and shortly after, the master-pilot information exchange was completed on the navigation bridge (bridge). The steering gear checks and main engine ahead and astern movement were conducted again with the pilot observing. By 0031, 3 tugs were made fast in preparation for departure with a fourth to be made fast after unberthing.

At 0048, Hagen Oldendorff departed the berth and shortly after, the fourth tug was also made fast. Tugs RT Inspiration and RT Atlantis were fast on the port and starboard shoulders,[1] respectively, RT Clerke through the centre lead aft, and RT Darwin on the starboard quarter.[2]

At about 0118, when Hagen Oldendorff was about 3.5 cables[3] (648 m) south of Hunt Point (Figures 2 and 3), RT Darwin, was cast off and dismissed. The ship proceeded north-east along the channel. The pilot then offered RT Clerke’s master a training opportunity in helping turn the ship into Goldsworthy channel using ‘indirect towing’[4] (a method employed regularly in the port for the ongoing training of tug masters). The tug master accepted the pilot’s offer.

At about 0126 (Figure 3), the pilot commenced a turn to port using the tug and supplemented the turn rate using the ship’s rudder as necessary (port 10° and port 20°). At this time, the ship’s speed[5] was about 6.4 knots.[6]

Figure 2: Hagen Oldendorff’s track overlaid on chart of Port Hedland channel

Figure 2: Hagen Oldendorff’s track overlaid on chart of Port Hedland channel

Source: Australian Hydrographic Office, annotated by the ATSB

Figure 3: Hagen Oldendorff’s track showing location of key events

Figure 3: Hagen Oldendorff’s track showing location of key events


Source: Australian Hydrographic Office, annotated by the ATSB

At about 0133, the pilot ordered the release of tug RT Atlantis on the starboard shoulder and by 0135, RT Atlantis was a 'passive escort’[7]. Shortly after, the pilot ordered the release of tug RT Inspiration on the port shoulder and, by 0137, it too was a passive escort.

At about that time, Hagen Oldendorff was passing beacons 36-37 in the Goldsworthy channel (Figure 3), turning to port at a rate of turn (RoT)[8] of about 4° per minute and its speed was 6.7 knots, with the main engine set to full ahead (51 RPM). The aft tug was being utilised to control the RoT and steady the ship on the Goldsworthy leading lights (leads) line (aligned 156°‑336°). At 0137:26, the ship was steady on a heading[9] of about 334° and its course over ground was 336°, when the pilot ordered starboard 10° (Table 1).

At about the same time, the pilot advised RT Clerke’s master of the completion of indirect towing, following which, the tug master asked the pilot whether significant rudder input had been required to supplement the tug’s input’s during the turn. During the subsequent conversation, the ship started to swing slowly to starboard at a rate of about 2° per minute, and the pilot ordered the rudder to midships, immediately followed by a heading order of 335°.

Table 1: Key events before the grounding

TimeRudder angleRate of turn (deg/min)Heading (True)COG (True)SOG (knots)Notes
0137:26Midships (0°)03343366.8RoT was 0 for preceding 5 seconds
0137:307° (S)1(S)3343366.8By 0137:32, rudder was at starboard 10°
0138:2120°(P)03363386.9

Non follow‑up mode engaged

RoT remained 0 until 0138:27

0138:3727°(P)4 (P)3363406.9Rudder angle change with no helm order
0139:4036°(P)13(P)3243386.7Rudder angle hard port (maximum).
0140:1035°(S)10(P)3183306.5Rudder angle hard starboard
0140:2834°(S)5(P)3163246.3Contact with the channel edge (grounding) shortly after 0140:28
0140:5335°(S)19(S)3223144.8Starboard swing developed after grounding on side of channel

Source: Hagen Oldendorff’s VDR

Shortly after, the pilot heard ‘clicking’ sounds from the electrical cabinet on the bridge, followed by the lighting of the rudder angle indicators extinguishing (see the section titled Rudder angle indicators). The pilot later recalled that the rudder angle indicator was indicating the rudder was midships before it went dark. Recorded data from the ship’s voyage data recorder (VDR) showed that by 0137:47, the ship had developed a RoT of about 3.6° per minute to starboard, and the pilot ordered port 10°, followed by port 20°. The pilot also ordered the aft tug ‘RT Clerke’ to pull the ship’s stern to starboard to counteract the ship’s starboard swing and steady it in the channel. Moments later, at 0138:09, the pilot ordered ‘non follow‑up (NFU),[10] port 20°’ (see the section titled Steering Gear).

At 0138:13, the pilot informed RT Clerke’s master of a ‘rudder failure’ and ordered ‘stern to starboard, 60 tonnes’. Recorded VDR data indicated that a few seconds later, at 0138:21, NFU mode was engaged and alarms sounded on the bridge. At this time, the ship was steady on a heading of 336° (Table 1). This was followed by the pilot ordering RT Inspiration to make fast on the ship’s port shoulder and, a few second later, push at full power.

By 0138:32, the ship had started to develop an increasing RoT to port so the pilot ordered RT Clerke to ease to ‘no weight on the line’. At 0138:36, on the pilot’s orders, the master started reducing the main engine telegraph setting from 'full ahead’ to reduce the ship’s speed. By 0139:25, the engine setting was at ‘stop’. During this time, the rudder moved from port 20° to about port 27°, without a corresponding helm order by the pilot (Table 1). In the meantime, the pilot had ordered RT Clerke ‘stern to port’ to reduce the port RoT. Also, RT Atlantis was tasked to push on the starboard quarter, after initially being instructed to make fast between cargo holds 2 and 3 on the starboard side. The tug then moved aft to the starboard quarter.

At 0139:34, the pilot queried if the rudder was responding and then ordered ‘hard to port’. The recorded data indicated that the rudder moved from its initial position of about port 27° to port 35°. At this time, RT Clerke was using full power to bring the stern to port and the ship’s RoT was 13° per minute to port (Table 1).

The pilot reported to the vessel traffic service (VTS) that the ship had experienced a ‘rudder failure’ and declared a ‘Port Emergency’[11]. Shortly after, the master queried the hard to port rudder order and asked the pilot what rudder angle was needed. The pilot then asked for the rudder to be put hard to starboard. Recorded (VDR) data showed that the rudder angle then moved to 35° starboard.

Shortly after 0140:00, on the pilot’s order, the master put the main engine astern to reduce the ship’s speed, which was 6.2 knots. At about 0140:24, the pilot said, ‘no rudder, no rudder’ and then asked if the rudder was at hard starboard. The master confirmed that it was.

Shortly after 0140:28, there was a sharp reduction in both the ship’s speed and its RoT to port. Recorded data confirmed that the ship had contacted the steep channel batter (the side of the navigable channel) (Figure 4). The ship’s bow then swung away from the side of the channel to starboard. In less than a minute, the RoT had increased to 19°(starboard). The ship’s speed at that time was 4.8 knots (Table 1).

Figure 4: Hagen Oldendorff’s position at 0140:28, close to the time of grounding

Figure 4: Hagen Oldendorff’s position at 0140:28, close to the time of grounding


Source: Australian Hydrographic Office, annotated by the ATSB

At 0140:35, the VTS made a radio broadcast on the port’s very high frequency (VHF) working channel requesting available tugs to assist with Hagen Oldendorff’s emergency and notified the harbour master about the incident. The masters of 5 tugs (FMG Dusky, Iron Ibis, Iron Whistler, RT Darwin and Iron Kestrel) confirmed they were responding.

Meanwhile at Hagen Oldendorff’s location (at about 0140:40), RT Atlantis, was squaring up to push on its starboard quarter. The pilot then instructed it to proceed to the bow and ordered RT Clerke to pull the stern to starboard. The pilot also instructed RT Inspiration, which was on the port bow to stop pushing. RT Atlantis proceeded forward, while RT Clerke continued pulling the stern to port. At about 0141, RT Inspiration was fast on the port shoulder.

Shortly after 0142, the pilot informed VTS that the ship ‘might have grounded’ and, while the engine was available, the steering gear was not responding in any mode, including NFU. The pilot also asked VTS to call the next duty pilot.

At about 0145, the master informed the pilot that the crew had engaged the emergency steering local controls in the steering gear room.

In the meantime, the tugs FMG Dusky and Iron Ibis had arrived at the ship’s location. At 0147:20, the pilot informed VTS that the ship’s emergency steering system was available, and the plan was to take the ship to the anchorage.

By 0148, FMG Dusky and Iron Ibis were fast on the starboard quarter and forward centre lead, respectively. At this time, Hagen Oldendorff was stopped in the channel, south of beacon 35 (Figure 3). Shortly after, the tug Iron Whistler was made fast on the port quarter.

At about 0152, the ship began moving along the channel under its own power with 6 tugs fast. About a minute later, the pilot asked for the ship’s forward, port ballast tanks to be sounded (for water ingress). Shortly after, the tugs RT Darwin and Iron Kestrel arrived and were instructed to position themselves off the port and starboard quarters and follow the ship.

At 0158, VTS advised the pilot that the harbour master had been informed that the ship had engaged emergency steering and was cleared to proceed to anchorage.

At about 0211, when the ship was past beacons 32-33, a second pilot boarded the ship via helicopter to assist (Figure 3). The second pilot then took charge of communications with various parties to assist the pilot conducting the ship. Shortly after, VTS advised the pilot that there was sufficient tidal window for the ship to exit the channel at C1.  

At 0239, after repeated inquiries by the pilot about ballast tank soundings, the master advised that soundings had indicated no water ingress. The pilot asked for the tanks to be sounded again after 30 minutes.

At about 0303, the ship cleared beacons 15-16 (about 8.8 miles north-north-west of Hunt Point). Shortly after, FMG Dusky was cast off and dismissed and Iron Kestrel was made fast in its place on the starboard quarter.

At about 0327, the master reported that the latest tank soundings had confirmed no water ingress.

Shortly after 0430, the ship cleared the channel (beacons C1-C2) and all tugs, except RT Clerke, were dismissed. By 0530, the ship had anchored outside the port limits in a position 24 miles north-north-west of Hunt Point (Figure 2). Soon after, RT Clerke was cast off and dismissed and the pilots left the ship via helicopter.

Post incident actions

At 0530 on 9 April, the harbour master notified the Australian Maritime Safety Authority (AMSA) about Hagen Oldendorff’s grounding and that the ship was at the anchorage. At 0600, AMSA issued the ship’s master a detention[12] order.  

At about 1000, the master notified VTS that the ship was taking water in number 1 and 2 port double‑bottom water ballast tanks, had developed a trim by the head, and requested tug assistance. In response, the harbour master ordered 2 dive boats to the ship’s location. Shortly after, the master reported that one ballast pump was coping with pumping out the water from the breached tanks. Later that day, the master advised that all other compartments (ballast and fuel tanks) were intact.

On 11 April, an underwater hull inspection identified substantial damage on the ship’s port side and bottom shell plating in way of the breached tanks. The damage included holes in the shipside shell plating and the failure of the transverse bulkhead between the tanks, allowing flooding between them. Several frames and internal strength structures had also buckled or fractured.

On 18 May, following the temporary repairs at the anchorage, the ship’s flag State (Liberia) approved the ship to undertake a direct voyage to its discharge port in China before proceeding to the shipyard for permanent repairs.

At 2000 on 19 May, AMSA released Hagen Oldendorff from detention. At 2154, the ship departed for Lianyungang, China, to discharge its cargo.  After discharging the cargo, the ship sailed to the shipyard in Zhoushan, China, for permanent repairs to be carried out.

Context

Hagen Oldendorff

Hagen Oldendorff was a Liberian registered, 208,588 deadweight (DWT) cape size[13] bulk carrier built in 2020 by Cosco Shipping Heavy Industry (Yangzhou, China). At the time of the grounding, the ship was managed and operated by Wah Kwong Ship Management Hongkong and classed with Lloyd’s Register (LR).

At the time of the incident, Hagen Oldendorff was crewed by 20 Chinese nationals, including the master. The bridge team comprised the master, third mate, helmsman, and the pilot. The engine room was manned by the chief engineer, second engineer and duty oiler.

Steering gear

Hagen Oldendorff was fitted with a Kawasaki electro-hydraulic 4 ram steering gear. The steering gear had 2 identical hydraulic systems; each system powered by one hydraulic pump.

The steering gear could be operated in auto or manual steering (follow‑up mode) from the bridge. Manual steering in non follow‑up (NFU) mode was also available in case follow-up mode malfunctioned. In an emergency, the steering gear could also be operated locally from the steering gear room.

In auto mode, the ship could be set up to follow the set heading. In this mode, the rudder follows the helm orders provided by the autopilot. The feedback signal from the rudder maintains the rudder at the ordered position.

Similarly, in hand steering mode, when the helm is moved (manually), the feedback signal maintains the rudder at that commanded position.

In the NFU mode, when the spring-loaded lever (Figure 5) is moved in one direction, the rudder continues to move in that direction until the lever is released (or the mechanical rudder limit is reached). When the lever is released, the rudder angle reached will be maintained. Changing the rudder angle requires the lever to be operated in the required direction.

Rudder angle indicators

The ship was fitted with a Yokogawa RAIS 100 rudder angle indicator system which included a rudder angle transmitter (in steering gear room) and 6 rudder angle indicators. The system had a common power supply with one circuit breaker provided at the junction box located in the cabinet on the bridge. A 3-face rudder angle (omnidirectional) indicator was mounted on the deckhead of the bridge, along the ship’s fore and aft centreline, above the manoeuvring console. An additional rudder angle indicator was provided in the bridge front instrument cluster. The bridgewings (port and starboard), engine control room and steering gear room were also fitted with a rudder angle indicator.

The autopilot display unit had an electronic rudder angle indication available (Figure 5) with its own independent power supply. The rudder (helm) order and feedback could be viewed on the display.

Figure 5: Hagen Oldendorff's bridge console layout showing the control and display unit

Figure 5: Hagen Oldendorff's bridge console layout showing the control and display unit

Source: Wah Kwong ship management, annotated by the ATSB

The post-incident shipboard investigation identified that the tracking motor of the omnidirectional rudder angle indicator (Figure 6) had burnt out, causing a short circuit. This short circuit tripped the common circuit breaker in the bridge cabinet. Hence, all rudder angle indicators lost power and stopped functioning at the time of the incident. Light and dimmers for the rudder angle indicators were also supplied from the same circuitry, resulting in the loss of all indicator illumination. When the omnidirectional indicator was isolated post‑incident, all other rudder angle indicators were found to be functional.

Figure 6: Bridge omnidirectional rudder indicator (isolated and partly dismantled)

Figure 6: Bridge omnidirectional rudder indicator (isolated and partly dismantled)


Source: Australian Maritime Safety Authority, annotated by the ATSB

Port Hedland

Port Hedland, located in the Pilbara region of Western Australia, is the world’s largest bulk export port. The port has 19 operational berths and a 22-mile dredged, channel that allows a single ship to traverse it at any given time. This unidirectional channel is also tidally restricted for most laden ships. More than 6,000 shipping movements (in and outbound) take place annually, facilitating an annual throughput of more than 500 million tonnes of cargo (mainly iron ore).

The port’s unidirectional channel is divided into 6 zones to mitigate channel blockage risk. Zones 1 and 2 form part of the inner harbour, while zone 3 extends from Hunt Point to beacons 36-37 and features a 110° turn, lining up with the Goldsworthy leads. Zone 4 extends from beacons 36-37 to 30-31 (Figure 2). Both zones 3 and 4 have steep channel batters, which become shallower from zone 5 onwards. Zone 5 extends from beacons 30-31 to beacons 15-16. Zone 6 extends from beacons 15-16 to beacons C1-C2 (Figure 2 and Figure 3). The channel has a minimum width of about 162 m in the Goldsworthy and Newman sections of the channel (zones 4 and 5). Hagen Oldendorff grounded on the western side of the channel in zone 4, between beacons 37 and 35.

Pilbara Ports Authority

Port Hedland is managed by the Pilbara Ports Authority (PPA), which has overarching responsibility for safe and efficient port operations under the Western Australia state legislation.

Port Hedland Pilots

Port Hedland Pilots (PHP) was contracted by PPA to provide pilotage services in Port Hedland. The individual pilots were employed by PHP and licensed by PPA.

The pilot onboard Hagen Oldendorff had about 14 years sea going experience prior taking up the role of a pilot in 2004. They had worked as a pilot in several ports around Australia, before joining PHP in 2016. At the time of the occurrence, the pilot held an unrestricted pilot’s licence for Port Hedland and had conducted a total of about 4,000 shipping movements.  

Tug services

The tugs in Port Hedland were operated under licences granted by PPA to Broken Hill Proprietary Towage Services (BHPTS) and Pilbara Marine by the PPA (Table 2). Rivtow operated tugs under the BHPTS licence, while Kotug operated under the Pilbara Marine towage licence.

 Table 2: Tugs in Port Hedland

LicenseeType of TugBollard Pull (tonnes)Number of Tugs
BHPTSZ-Tech632
BHPTSRT80-32805
BHPTSART80-32804
BHPTSRAstar85856
Pilbara MarineRT80-32801
Pilbara MarineART85-32W858

Safety action

Following this incident, PPA issued a marine notice requiring that a suitably qualified and competent person stands by in the steering gear room during a ship’s transit of the Port Hedland channel.

Further investigation

Initial formal notifications of the incident in April 2022 reported that Hagen Oldendorff had an issue with its steering due to faulty rudder indicators during its outbound transit of the Port Hedland channel. A few weeks later (in May), BHP reported to ATSB (via telephone) that the ship had grounded and sustained substantial damage. In late July, BHP presented the ATSB additional information, including recorded data.

The ATSB then reassessed the available information, obtained further information from PPA and PHP, and commenced an investigation into this serious incident. Subsequently, ATSB investigators attended the offices of PPA, PHP and BHP in Port Hedland to interview relevant persons and collect available evidence. The ATSB also obtained VDR and other relevant digital and documentary evidence from the ship’s mangers, PPA, PHP and BHP.

The investigation is continuing and will include:

  • a review of PHP’s operating procedures, practices, and training regime
  • analysis of the conduct of the pilotage and the effectiveness of bridge resource management
  • a review of PPA’s policies, procedures and their application
  • a review of towage practices and procedures in Port Hedland
  • assessment of Hagen Oldendorff’s steering gear arrangement, controls and indicators
  • a review of the ship’s procedures and emergency readiness.

Should a critical safety issue be identified during the course of the investigation, the ATSB will immediately notify relevant parties so appropriate and timely safety action can be taken.

A final report will be released at the conclusion of the investigation.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through:

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information 

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

© Commonwealth of Australia 2023

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[1]     The part of the ship where the curve of the bow meets the middle parallel body.

[2]     Surface of the of the ship’s hull aft of midship and forward of the stern on either side.

[3]     One cable equals one tenth of a nautical mile or 185.2 m.

[4]     In indirect towing, the tug uses its thrust to maintain a sheered position relative to the ship’s heading. Towing forces are generated by drag forces on the tug’s hull and transmitted via the towline. This method can generate substantially higher bollard pull at speeds through the water of greater than 6 knots.

[5]     All speeds referred to in this report are ‘made good/over the ground’.

[6]     One knot, or one nautical mile per hour equals 1.852 kilometres per hour.

[7]     A tug that follows a ship closely but is not connected via a towline.

[8]     Rate of turn (RoT) is the instantaneous rate of change of the ship’s heading) , expressed in degrees per minute.

[9]     Direction of bow of a vessel expressed in degrees, either true or magnetic. All ship’s headings in this report are in degrees by gyro compass with negligible error.

[10]    Non follow‑up (NFU) is a backup method for steering the ship. In the NFU mode, the rudder turns while the lever is held to port or starboard and remains at this angle when lever is released.

[11]    An event that poses significant risk to the safe or continued operation of the port by affecting safety of personnel in the port area, shipping channel, port assets or infrastructure

[12]    A detention is an intervention action taken by the port state when the condition of the ship or its crew does not correspond substantially with the applicable conventions. The action is taken to ensure that the ship will not sail until it can proceed to sea without presenting a danger to the ship or persons onboard, or without presenting an unreasonable threat of harm to the marine environment, whether or not such action will affect the scheduled departure of the ship.

[13]    Dimension larger than that allowable for transit of Panama Canal

Occurrence summary

Investigation number MO-2022-007
Occurrence date 09/04/2022
Location Port Hedland
State Western Australia
Report release date 20/12/2024
Report status Final
Investigation level Defined
Investigation type Occurrence Investigation
Investigation status Completed
Mode of transport Marine
Marine occurrence category Grounding
Occurrence class Serious Incident
Highest injury level None

Ship details

Name Hagen Oldendorff
IMO number 9870355
Ship type Bulk Carrier
Flag Liberia
Classification society Lloyd’s Register
Owner CL Marina
Manager Wah Kwong Ship Management (Hong Kong)
Departure point Port Hedland, Western Australia
Destination Qingdao, China
Damage Substantial

Level crossing collision and derailment involving grain train 68A3, near Goondiwindi, Queensland, on 9 August 2022

Discontinuation notice

Report release date: 17/11/2022

Section 21 (2) of the Transport Safety Investigation Act 2003 (TSI Act) empowers the ATSB to discontinue an investigation into a transport safety matter at any time. Section 21 (3) of the TSI Act requires the ATSB to publish a statement setting out the reasons for discontinuing an investigation.  The statement is published as a report in accordance with section 25 of the TSI Act, capturing information from the investigation up to the time of discontinuance.

Overview of the investigation

On 9 August 2022, the ATSB commenced an investigation into a level crossing collision between a truck and an Aurizon freight train (68A3) at Carrington near Goondiwindi, Queensland.

The truck was a 1996 Ford Louisville prime mover, coupled to a tipping semi-trailer. The combined unladed weight of the truck and trailer combination was 15.8 t. At the time of the collision, the truck was empty and on a return trip from the removal and disposal of waste from a cotton gin on the same property. The truck driver was an experienced driver that reported living locally and being familiar with the area.

Train 68A3 was an Aurizon bulk grain service, crewed by 2 drivers, that was scheduled to travel from Thallon to Fisherman Island, near Brisbane. Train 68A3 consisted of 2 locomotives with 38 loaded grain wagons. The train was 627 m in length, with a total weight of 2,371 t. The train crew involved in the collision had commenced their driving shift at Goondiwindi about 20 minutes before the collision.

At approximately 1448 local time, the truck crossed into the path of train 68A3 at occupation crossing[1] ID 2044 at Carrington. The train collided with the truck, resulting in the derailment of the train’s leading and trailing locomotives and 8 wagons. The truck, locomotives and wagons were substantially damaged in the collision. The truck driver and both train drivers received minor injuries.

The level crossing was located about 13 km east-south-east of Goondiwindi at the 186.97 km mark. It was an unsealed occupation crossing that was not a public road and it was only intended for the exclusive use of the occupier of the private land or by people with the knowledge and agreement of the occupier. The road traffic control devices installed at the crossing consisted of ‘Stop’ signs. At the time of the accident, the signs were in a clean and serviceable condition.

The rail infrastructure at the level crossing was tangent track[2] with minimal gradient (1 in 1,320). The track speed for train 68A3 at the level crossing was 60 km/h.

The ATSB attended the accident site, interviewed relevant parties and reviewed recorded information from the lead locomotive’s event recorder and the network control centre. The ATSB’s review of the preliminary evidence collected revealed:

  • Although the truck driver likely stopped at the level crossing, they did not identify the approaching train and proceeded across the crossing into the path of the train.
  • The sighting distances from both sides of the level crossing provided time for safe crossing.
  • There was no evidence of the level crossing being poorly maintained.
  • There were no mechanical issues, overspeed, or mishandling identified with the train.
  • There was no evidence of health problems, fatigue or drug/alcohol impairment of either the train drivers or truck driver.
  • The lead locomotive event recording confirmed that the head and ditch lights was turned on.
  • At about 6 seconds prior to the collision, the train horn was sounded for a sustained time (about 4 seconds). The truck driver reported not hearing the train’s horn.[3]
  • The train was travelling at about 55 km/h at the time of collision.

Reasons for the discontinuation

It is uncommon for a level crossing collision where a train collides with a vehicle on a crossing for there to be a significant derailment of the train. However, based on a review of the available evidence, the ATSB considered it was unlikely that further investigation would identify any systemic safety issues or important safety lessons related to the level crossing or the vehicles involved in this collision.

On 12 August 2021, the ATSB commenced a safety study (RS-2021-001) to examine level crossing collisions involving trains and heavy road vehicles in Australia. Evidence obtained from the 9 August 2022 accident, and other related occurrences, will be examined as part of that safety study. Consequently, the ATSB has discontinued this investigation.

[1]     An occupation crossing is a level crossing provided for a private roadway, generally between 2 parcels of land with the same landowner.

[2]     A track segment without any curves.

[3]     Research and previous accident investigations have shown that train horns, although an important safety device, are not always heard by drivers involved in level crossing accidents due to a variety of factors (for example, US National Transportation Safety Board 1998, Safety at passive grade crossings, Volume 1: Analysis, Safety study NTSB/SS-98/02).

Occurrence summary

Investigation number RO-2022-009
Occurrence date 09/08/2022
Location Great Western Line, near Goondiwindi
State Queensland
Report release date 17/11/2022
Report status Discontinued
Investigation level Short
Investigation type Occurrence Investigation
Investigation phase Evidence collection
Investigation status Discontinued
Mode of transport Rail
Rail occurrence category Level Crossing
Occurrence class Accident

Train details

Train operator Aurizon
Train number 68A3
Type of operation Freight - grain train
Rail vehicle sector Freight
Train damage Substantial

Fatality involving a track-mounted excavator, Evandale, Tasmania, on 20 July 2022

Final report

Report release date: 23/10/2024

Executive summary

What happened

On 20 July 2022, during planned track maintenance work, a track mounted excavator toppled when lifting an infrastructure trailer off the track near the Evandale Road level crossing, Evandale, Tasmania. The operator of the excavator was fatally injured and the spotter working with the excavator received minor injuries.

What the ATSB found

The ATSB found that, while conducting maintenance work, a track mounted excavator was being used to lift an infrastructure trailer when it became unstable and toppled laterally onto the adjacent ground. The operator, who was the site supervisor, was subsequently fatally injured by the excavator.

It was also identified that the total load being lifted, in combination with the configuration of the excavator, meant that the lift was overweight for the displayed civil and hi-rail modes. 

While the site supervisor was trained and qualified to operate the excavator, it was likely that they had limited experience and familiarity with this specific excavator. This, combined with a perceived sense of urgency with the work task, resulted in the incorrect configuration being selected for the lift.

During the lift, the spotter placed themselves in a dangerous location between the excavator and infrastructure trailer. When the excavator toppled, the spotter was glanced by the boom on their back. The position of the spotter increased the risk of a more serious injury.

Further, based on the available signage within the excavator being used, it was very likely that the excavator was regularly exceeding the working load limit in both civil and high-rail mode for the planned maintenance work, increasing the risk of instability.

What has been done as a result

TasRail, as the infrastructure manager with oversight of the principal contractor Global Rail, has taken several safety actions in response to concerns regarding the use of road rail vehicle excavators in rail mode. It immediately implemented an embargo on such usage across its entire network. Subsequently, it convened an industry forum to devise a safe approach for the resumption of excavator operations. This resulted in the creation of a process flow chart for using earth-moving equipment as a lifting device, accompanied by a compliance checklist. TasRail also shared the forum's outcomes with other rail infrastructure managers across Australia and New Zealand.

Safety message

It is critical that equipment is operated by qualified, competent, and experienced operators who actively validate the working load limits before commencing a task. Further, selecting appropriate equipment, fit for purpose, reduces the risk of administrative risk controls becoming a last line of defence.

 

The investigation

Decisions regarding the scope of an investigation are based on many factors, including the level of safety benefit likely to be obtained from an investigation and the associated resources required. For this occurrence, a limited-scope investigation was conducted in order to produce a short investigation report, and allow for greater industry awareness of findings that affect safety and potential learning opportunities.

The occurrence

On the morning of 20 July 2022, track maintenance work, to be conducted by Global Rail, was planned to commence in the TasRail rail corridor between Leighlands Road and Evandale Road, Evandale, Tasmania (Figure 1). At about 0700 local time, prior to commencing work, the work team attended a pre-start safety briefing meeting about the day’s activities, including staying clear of working excavators. The work team consisted of a track protection officer, superintendent, site supervisor, 2 primary excavator operators (using a Doosan and a Hitachi excavator), and general labourers. The pre-start meeting was described by some of the work team as being tense between the supervisor and the primary Doosan excavator operator based on an incident that occurred the previous day. 

Following the pre-start safety briefing, planned track maintenance work commenced. The planned track work involved replacing sleepers and rail, using 2 rail mounted excavators with infrastructure trailers, interchangeable excavator head tools, and various other tools and supplies. The Hitachi ZX135US excavator was operating on track near the site meeting point/office at Leighlands Road. The Doosan DX140W excavator was ferrying tools, equipment and supplies using 2 infrastructure trailers coupled by draw bars between the main site staging area at Leighlands Road and throughout the worksite. At some point before the rail ferrying was completed, the work team had begun to unclip the old rail from the sleepers, restricting the excavator’s access to the main site staging area at Leighlands Road.

At about 1005, the primary operator of the Doosan excavator unexpectedly parked the excavator at the secondary site area near the Evandale Road level crossing and departed the worksite. The excavator was parked on the track, with the rail wheels disengaged and retracted, and 2 rail mounted infrastructure trailers attached with draw bars. 

Figure 1: Location overview 

Figure 1: Location overview

Source: Google Earth, annotated by the ATSB 

The superintendent reported that the site supervisor was concerned about the excavator and 2 trailers remaining on the track, and the limitations it would place on the progress of the ongoing work. Following a short discussion, and before the superintendent could complete that discussion, the site supervisor walked off towards the excavator, asking a labourer to act as spotter on the way. 

On arrival at the Doosan excavator, the site supervisor climbed into the cabin and began preparing the machine, including lowering the rail wheels to place the excavator into the hi-rail mode, mounting it on the rails. The spotter disconnected the infrastructure trailer draw bars between the excavator and trailers and placed the draw bar on the trailer.

Based on the previous process used, the spotter explained the lifting process to the site supervisor via the cabin door, which was locked in the open position. Following this, the site supervisor positioned the excavator boom arm above the first infrastructure trailer and tried to hook the lifting chain with the rail threader head (Figure 4). Failing this, the spotter attached the lifting chain to a hook located on the tilt rotator head (Figure 4).

At about 1035, while stationary, the site supervisor used the excavator boom, at or near full extension, to lift the infrastructure trailer loaded with the infrastructure trailer draw bar and timber dunnage. The spotter was positioned between the excavator and infrastructure trailer being lifted. The infrastructure trailer was lifted just above rail level before the load gradually slewed laterally. 

The spotter reported that, at some point during the lift and slew, the excavator operator realised that the lift was out of control and immediately lowered the boom arm in an effort to stabilise the excavator and/or to avoid striking the spotter. The spotter recalled the rail threader attachment ramming the infrastructure trailer at this time. The spotter, standing between the excavator and the trailer, immediately evacuated the area as the excavator toppled onto its side (Figure 2). The spotter did not directly witness the topple. The excavator boom arm scraped down the back of the spotter as they evacuated the area, resulting in minor injury. 

Figure 2: Accident site 

Figure 2: Accident site

Note: Track curvature is 650 m with an average track cant of about 8 mm.

Source: Tasmania Police, annotated by the ATSB 

Following the topple, the spotter walked around the excavator looking for the site supervisor, assuming they had escaped from the cabin as the cabin was empty. A short time later, the remaining work team responded, and the site supervisor was found under the excavator towards the rear, fatally injured. The accident was reported to TasRail, with emergency services attending the site shortly thereafter.

Context

Personnel information

Site supervisor

A review of the Global Rail personnel records identified that the site supervisor was experienced with work on and around the track, held the appropriate and up-to-date qualifications and competencies, and was assessed as medically fit. 

The site supervisor received the Doosan DX140W excavator operator competency assessment on 21 February 2022. Based on reports from work colleagues, the site supervisor had operated excavators on-site on an ad hoc basis when required. A work colleague suggested that the site supervisor had about 5-8 hours experience operating the Doosan excavator. It could not be determined if the site supervisor had lifted infrastructure trailers before.

Based on the working roster, information from colleagues, and the post-mortem toxicology results, there was no evidence that fatigue, illicit or prescription drugs, or alcohol likely affected their performance on the day.

Spotter

A review of the Global Rail personnel records identified that the labourer, acting as spotter, had about 2-3 years of experience working on or near the track, held the appropriate and up-to-date qualifications and competencies (including a valid construction white card), and had been assessed as medically fit. The labourer had attended a Global Rail safety briefing for the work and had been used as spotter when lifting infrastructure trailers on many occasions during this work.

Excavator information

The Doosan DX140W wheeled excavator was purchased new by Global Rail with an understanding that the working load limit was sufficient for rail infrastructure works. The excavator was subsequently modified by Melrose Mobile Hydraulics to include the addition of road-rail components and systems. This allowed the excavator to travel on both rails and road. It typically consisted of flanged wheels that engaged the rails, rubber tires for road travel, and a lifting system to raise and lower the excavator between rail and road (civil) modes. The rail wheels provided a longer, but narrower footprint compared to the rubber wheels. As result of the modification, the Doosan working load limits were revised using the Australian Standards, consequently reducing the limits.

The excavator was also equipped with a suspension oscillation lock system, which was designed to secure the upper structure (the part that houses the cabin, engine, and hydraulic systems) in a fixed position during a lift, providing stability and preventing unintended movement. It was also fitted with a red safety lock lever on the driver’s seat, which, when engaged in the horizontal position, activated the controls for operation. It was not fitted with a dynamic weighing system or overweight interlocked controls.

An operation and maintenance procedure document was supplied as part of the delivery process in early 2022, along with a training and competency assessment for operators, which included the site supervisor. The training and competency assessment included use of the road-rail system, narrow gauge operation, and use of the oscillation lock system when lifting. The operation and maintenance documented noted:

The Hi-Rail is designed for travel only on rail lines, if any operation of the boom, arm or attachment is to be performed outside of the rolling stock outline the hi-rail WLL [working load limit] chart must be strictly adhered to.

When the Hi-Rail is deployed the maximum allowable boom load is 1900kg. However, depending on the load centre distance from the excavator, this may need to be reduced so that the rail axle capacities are not exceeded. The front & rear hi-rail capacities are 12500 kg. Extreme care should be applied whenever slewing the machine with consideration given to the mass of any boom load or attachment fitted and the radius of boom/dipper arm, see Appendix A for the Hi-Rail W.L.L chart.

The working load limit chart shows how much weight can be safely lifted at various distances from the centreline (pivot point) of the machine, referred to as the lift point radius. Appendix A from that document, shown below in Figure 3, replicated the working load limit chart sticker located inside the cabin for operator reference. 

When in the hi-rail mode, with the boom arm (the lift point radius) fully extended, the maximum weight that could be lifted when stationary was 381 kg. This weight increased to 904 kg with a reduction in the boom arm length to 6 m. When in the civil mode, the lifting capacity was 1,214 kg at any boom arm length. These weight limits reduced when the excavator was moving (mobile) with the load. For both modes, these weights were based on 75% (stationary) and 66% (moving) of the tipping capacity respectively, which is the point at which the machine will begin to tip or lift off the ground.

The capacities presented in the chart are based on the excavator having a standard boom arm and a tilt rotator weight of 407 kg. Therefore, the tilt rotator was excluded from the working load limit weights. The tilt rotator and rail threader are shown in Figure 4.

Figure 3: Hi-rail and civil mode working load limit chart 

Figure 3: Hi-rail and civil mode working load limit chart 

Source: Melrose Mobile Hydraulics Doosan DX140W Excavator Hi-Rail Operation and Maintenance Procedure, 7878 – DX140W HROP – REV 0

Figure 4: Tilt rotator and rail threader 

Figure 4: Tilt rotator and rail threader

Source: ATSB 

Wreckage and site information

Following the accident, TasRail, Global Rail, the Office of the National Rail Safety Regulator (ONRSR), Tasmania Police, WorkSafe Tasmania, and the ATSB attended the site to collect evidence and conduct investigations. The following on-site observations were made by those parties:

  • there was evidence of lateral wheel movement (teetering) on the rail head over about 4 m, which correlated with the excavator rear rail wheels (Figure 5)
  • the excavator rail wheels were fully lowered in high rail mode
  • the suspension oscillation lock was disengaged and selected off in the cabin (Figure 6)
  • the boom arm was at or near full extension
  • the excavator was fitted with tilt rotator and rail threader attachments
  • the infrastructure trailer was connected to the tilt rotator hook via the lifting chain
  • the infrastructure trailer had timber dunnage and a draw bar on top
  • the cabin door was locked open
  • the seat belt was unlatched and retracted
  • the red safety lock lever was in the operational (horizontal) position
  • there was no evidence of an equipment failure
  • the accident occurred on slightly curved track with a post-accident cant measurement of about 17 mm
  • the primary Doosan excavator operator and site supervisor had not signed the pre-start briefing sheet, as required
  • the other excavator being used, the Hitachi ZX135US (tracked), did not have a working load limit chart sticker in the cabin.

Figure 5: Teetering evidence on the rail head

Figure 5: Teetering evidence on the rail head

Source: Tasmania Police, annotated by the ATSB 

Figure 6: Oscillation lock disengaged and off

Figure 6: Oscillation lock disengaged and off

Source: Tasmania Police, WorkSafe Tasmania, ONRSR, annotated by the ATSB 

The excavator and associated equipment were further inspected at an off-site Police facility following recovery. The following observations were made by the ATSB:

  • The excavator was fitted with a working load limit lift chart sticker, along with other operational stickers, on the boom-side cabin window. 
  • Other current compliance labels (Global Rail, TasRail) were also identified.
  • The boom was labelled ‘W.L.L. [working load limit] 1068KG’ (civil mode, mobile pick and carry).
  • The rail infrastructure trailer, draw bar, and lifting chains, were fitted with compliance plates.
  • The excavator was not fitted with a rail data recorder or similar, nor was it required to be.

The ATSB also took various measurements that were recorded between the tilt rotator, rail wheels, rubber road wheels, and pivot point.

On 26 July 2022, an ONRSR rail safety officer inspected the excavator at the storage facility, and the accident site. The officer concluded that, aside from accident damage, the excavator was in a good condition with no signs of poor maintenance. It was noted that the excavator’s front rail axle was in travelling mode during the inspection, suggesting it was pivoting rather than locked (suspension oscillation locking system).

The ONRSR officer noted that the accident happened on curved track, where the excavator would have leaned towards the inside due to the track's cant. Evidence such as flange marks and paint scratches indicated that the excavator likely rolled over towards the inside of the curve at a very low speed. ONRSR static overturning calculations indicated that the combination of factors such as the axle mode, track cant, and wheel position alone would not have led to the rollover. However, a significant lateral shift in the excavator centre of gravity, possibly resulting from the operator (site supervisor) rotating the boom, contributed to the rollover.

Stationary load limit calculations

Equipment weights

Table 1 below shows the equipment being used and their individual weights as shown on the respective compliance plates.

Table 1: Equipment weights

EquipmentWeight (kg)
Infrastructure trailer1,780
Rail threader330
Tilt rotator407 (already included in the base weight of the excavator)
Draw bar long176
Draw bar short156
Actual working load limit

The excavator was lifting a combined equipment weight of at least 2,266 kg, consisting of the infrastructure trailer, rail threader, and short draw bar. This calculation did not include the timber dunnage or lifting chains. 

On-site observations indicated the excavator boom arm was at near or full extension. Referring to the lift chart for the stationary hi-rail mode (Figure 3), the maximum working load limit was between 904 kg at 6 m and 381 kg at maximum extension. Given the items being lifted from the track, the excavator was lifting between 1,362 kg (150%) and 1,885 kg (495%) over the working load limit (Figure 7).

The primary operators of both excavators recalled that, when lifting infrastructure trailers, they would normally be in the civil mode, with the boom arm close to the excavator, and without the rail threader being attached. It was reported that the lifting of the infrastructure trailers on and off the track would take place at the main site at Leighlands Road. In this configuration, the excavator would be lifting a combined equipment weight of at least 1,936 kg, consisting of the infrastructure trailer and short draw bar. Based on a working load limit when in the stationary civil mode (1,214 kg), the limit would also have been overweight by 722 kg (61%) without the rail threader installed or 1,052 kg (87%) in the accident configuration (with a rail threader installed).

Practical working load limit

Noting that the working load limit weight reduced as the boom arm was extended, for the Doosan excavator, the ATSB estimated the minimum possible lift point radius that could be achieved when lifting an infrastructure trailer. The ATSB measured between the pivot point and the leading edge of the hi-rail wheels to be about 3 m. The infrastructure trailer was 4 m long, meaning the lift point (in the centre) was 2 m from the trailer edge. This meant that the minimum possible distance from the pivot point to the lift point was about 5 m. 

Using the stationary hi-rail mode working load limit chart (Figure 3), the ATSB linearly extrapolated an indicative limit for a 5 m extension or lift radius as 1,568 kg.[1] This meant that, at the closest possible distance, the excavator would be lifting 698 kg (45%) above the working load limit (with an empty trailer, rail threader and short draw bar, similar to the accident (Figure 7).

Figure 7: Combined equipment weight, working load limit, lift point radius (boom arm extension), and tipping capacity for hi-rail mode

Figure 7: Combined equipment weight, working load limit, lift point radius (boom arm extension), and tipping capacity for hi-rail mode

Source: ATSB

For comparison, and as noted above, the civil working load limits remained the same irrespective of the boom arm extension. Therefore, for the normal operating configuration as reported by the primary operators, it would be 722 kg (61%) overweight (Figure 8).

Figure 8: Combined equipment weight, working load limit, lift point radius (boom arm extension), and tipping capacity for civil mode]

Figure 8: Combined equipment weight, working load limit, lift point radius (boom arm extension), and tipping capacity for civil mode]

Source: ATSB

TasRail comment

In response to this draft report, TasRail noted that thought should be given to having a separate industry standard or guidance regarding the use of road-rail vehicle equipment as a lifting device. This could include consideration of: 

  • the risk profiles of different track gauges 
  • the requirement for operators to conduct a detailed risk assessment and calculations prior to the deployment of such equipment where its capacities change depending on the task or environment, for example, when used in civil or hi-rail modes
  • the human factors associated with swapping between modes of operation
  • the possible control measures of limiters and alarms, for example, overlimit interlocking systems or overlimit alarms. 

TasRail also noted the importance of conducting a risk assessment to ensure fit for purpose equipment is procured and/or used.

Track work

The rail work being conducted at Leighlands Road was part of a larger scope of work in that rail corridor, and included replacing sleepers and rail, and removal of fouled ballast (mudholes) and associated re-railing and re-sleepering. TasRail, the rail infrastructure manager, had tendered the work, and Global Rail was awarded the contract. To enable the work to be completed efficiently and safely, elements of the work, such as rail and sleeper handling, were mechanised. 

As part of the scope of work, a risk assessment was developed, which identified risks associated with the planned work. To address these risks, a safe work method statement (SWMS 044 dated 07-03-2022, issue 7.0) was developed for the removal and installation of rail and sleepers. In that statement, a plant (such as excavators) hazard risk of rollover was identified. The risk control measures were:

  • Plant operator must be ticketed and competent for his item of plant.
  • All plant to be fitted with flashing lights and reversing alarms.
  • When moving around plant and equipment eye or verbal contact with the operator must be made prior to any personnel entering the danger zone or changing locations.
  • Plant operators must not use mobile phones at any time they are operating machinery on the site.
  • Visually inspect the terrain to ensure there is no chance of tipping due to potentially hazardous surfaces uneven ground / embankments.

Furthermore, a plant sliding/tipping event during lifting operations was identified, and included the following control measures:

  • Ensure level platform before commencing any lifting operations.
  • Only operate to the OEM [Original Equipment Manufacturer] of the machine.
  • Machine may need to be de rated when used to lift.
  • A lift chart must be in the cabin for the operator to refer to.

In addition, lifting outside of the safe working limit (SWL) of plant was identified, and included the following control measures:

  • Before commencing a lift check, Max load to be lifted (Delivery docket or Lift Study) SWL of plant and SWL of lifting equipment to ensure lift is within the SWL of all the plant and equipment.
  • All plant including chains to display WWL (Working Weight Limit) / SWL (Safe Work Load) signage.
  • Plant and lifting equipment used not to exceed registered WWL/ SWL- Only plant rated to load capacities to be used.

The above risks were identified as high inherent 16 (moderate consequence, likely likelihood) with a residual risk of low 5 (minor consequence, unlikely likelihood) after control measures were effectively applied by the site supervisor and operator (Figure 9).

Furthermore, safe work method statement (SWMS006 Operating an excavator, dated 29-04-2022, issue 5.0) was developed for the operation of excavators. The following control measures were identified:

  • Working or traversing on sloping ground - No plant or equipment is to work or traverse on slope over designated gradient as outlined in manufacturers user manual. If traversing slope use low gear and ensure that attachments are slewed to the uphill side of the plant and packed in the travel position.
  • Working excavator as a crane - Use dogman/rigger if required. Ensure all lifting equipment is inspected prior to use, is appropriate for the task and is within test dates. Check safe working load and condition of equipment prior to activity being undertaken. Safe working load of plant must be identified and load chart referred to for any variances. Inspect excavator and approved lifting lug. Check burst protection fitted for any loads in excess of 1 tonne. At no time will a suspended load be lifted over any persons. Ensure that all workers are outside the extended height and maximum radius of the plant.

The above risks were identified as high inherent 14 with a residual risk of high 10 after control measures were effectively applied. This meant that works could proceed on the basis that all controls were implemented, and workers onsite undertook a task hazard analysis where required. Global Rail advised that the task hazard analysis was contained in the pre-start briefing conducted on the day by the work site supervisor. Excavator operating duties were also assigned to specific individuals at that meeting, however, this was not recorded on the pre‑start briefing form. Global Rail further advised that there was an expectation that any change to those specific assignments would require a new pre-start briefing to be conducted, however, there was no documented evidence provided to support how this expectation was conveyed to the work team.

Figure 9: Risk scores used in Global Rail safe work method statements

Figure 9: Risk scores used in Global Rail safe work method statements

Source: Global Rail

Safety analysis

Introduction

On 20 July 2022, a track mounted excavator became unstable and toppled laterally, fatally injuring the operator (the site supervisor). There was no evidence to suggest the site supervisor’s performance was influenced by drugs or alcohol, nor was there any indication of equipment failure that may have contributed to the instability or topple of the excavator. 

This analysis will examine the accident sequence and the weight of the load being lifted on this and previous occasions. It will also discuss the position of the spotter during the lift.

Instability and toppling of the excavator

Evidence found on-site showed the rear wheels of the excavator teetered along the rail head, leading up to the excavator toppling. The spotter observed that the site supervisor was in the cabin, with the door latched open, immediately before the excavator toppled. Following the topple, the spotter had assumed that the site supervisor had evacuated as the cabin was found empty. However, the site supervisor was found under the excavator. As the spotter did not witness the evacuation, it could not be determined if the site supervisor either evacuated the cabin during the topple sequence, or was ejected from the cabin during the topple, and subsequently received fatal injuries.

It was also noted that the seatbelt was found unlatched following the accident, but there was insufficient evidence to determine if the operator was wearing the seatbelt at the time. 

Lifting overweight and configurations

Based on weight information available within the cabin and on the equipment, and operating at near full boom extension in hi-rail mode, the total weight being lifted was significantly over the working load limits (between 150% and 495% above). This condition very likely contributed to the rear rail wheels of the excavator unloading and teetering along the rail head leading up to the topple. Consequently, the front rail wheels carried the total load, significantly affecting the lateral stability of the excavator and its ability to control the load, shifting the centre of gravity, and pivot point. Further, the suspension oscillation lock on the front axle was disengaged, further reducing lateral stability, and inducing more teetering and lateral load swing. In combination, these conditions resulted in the excavator becoming unstable. This was supported by the ONRSR review of the static rollover calculations, which demonstrated significant lateral shift in the centre of gravity, likely resulting from the slewing of the boom, was required to cause a topple.

Experience, familiarity, and sense of urgency

The superintendent on-site recalled speaking with the site supervisor to solve the issue with the parked Doosan excavator and infrastructure trailers. However, before the superintendent could complete the discussion, the site supervisor had walked off towards the excavator without considering alternative options for removing the trailer. Therefore, it was likely the site supervisor had a sense of urgency to resolve the issue so that they were not delayed. 

The training records showed the site supervisor was deemed competent to operate an excavator having completed competency training for the Doosan about 5 months prior to the accident. However, based on information supplied by witnesses, it was likely that the site supervisor had limited practical experience using the excavator and required some advice from the spotter in its lifting operation on the day of the accident. In addition, while the site supervisor had observed the other excavator operators performing similar lifting operations, it was possible that they would not have known the exact lifting configuration, or the weight of the trailers being lifted, on those occasions. Changing the excavator to hi-rail mode demonstrated that the site supervisor had some knowledge of how to operate the excavator, but also showed limited familiarity and experience as this configuration was not appropriate for the lift to be conducted.

Therefore, it was likely that the site-supervisor’s limited experience and familiarity with the Doosan excavator, and a perceived sense of urgency to progress the work task, set up the condition of being in the incorrect configuration, lifting overweight, inducing teetering, and eventually toppling.

Spotter location

The spotter was suitability qualified, trained and had experience with spotting. Further, the spotter had attended a Global Rail safety briefing for the work as well as a pre-start briefing on the day of the accident, which included information about operating near the excavators. Regardless, to communicate with the site supervisor, the spotter had positioned themselves between the excavator and infrastructure trailer. Consequently, this placed the spotter in a dangerous location within the swing radius of the boom. This increased the risk of the spotter receiving more serious injuries.

Working load limits and the planned track work

The Doosan excavator was acquired by Global Rail to assist fulfilling the track work contract with TasRail. Based on local information (stickers and compliance plates) available, there was sufficient information to determine that lifting infrastructure trailers exceeded the working load limit of the Doosan excavator in both civil and hi-rail modes. Further, the use of this equipment was known and planned for during the scoping stage, however, the working load limit exceedance was not identified. Consequently, the Doosan excavator was very likely routinely lifting infrastructure trailers that exceeded the working load limit. 

It was possible that the working load limit exceedance had not been identified previously due to the skill and experience of the primary operator, who configured the excavator to maximise its capability. This included lifting in civil mode, with the load as close as possible to the excavator and without the rail threader attached.

It was important, and a requirement of the safe work method statement, that the equipment load was calculated and compared to the working load limit declared in the machine cabin via the load chart. This was to ensure that lifting operations were not outside the safe working load limit, thereby increasing the risk of instability. If the working load limit cannot be determined, then the lift should not occur.

Findings

ATSB investigation report findings focus on safety factors (that is, events and conditions that increase risk). Safety factors include ‘contributing factors’ and ‘other factors that increased risk’ (that is, factors that did not meet the definition of a contributing factor for this occurrence but were still considered important to include in the report for the purpose of increasing awareness and enhancing safety). In addition ‘other findings’ may be included to provide important information about topics other than safety factors. 

These findings should not be read as apportioning blame or liability to any particular organisation or individual.

From the evidence available, the following findings are made with respect to the fatality involving a track mounted excavator, Evandale, Tasmania, on 20 July 2022. 

Contributing factors

  • During lifting operations, a track mounted excavator became unstable and toppled laterally onto the adjacent ground. The operator (site supervisor) was subsequently fatally injured by the excavator.
  • The total load being lifted, in combination with the configuration, meant that the lift was overweight for the displayed civil and hi-rail modes. This resulted in the rear rail wheels lifting and the excavator becoming unstable.
  • While trained and qualified, it was likely that the site supervisor’s limited experience and familiarity with this specific excavator, combined with a perceived sense of urgency with the work task, resulted in the incorrect configuration being selected.
  • During the lift, the spotter was situated in a location between the excavator and infrastructure trailer, which increased the risk of a more serious injury.

Other factors that increased risk

  • Based on the available signage within the excavator being used, which was one of the control measures for managing the risk of tipping and/or lifting equipment beyond the working load limits, it was very likely that lifting infrastructure trailers exceeded the working load limit in both civil and high-rail mode, increasing the risk of instability.

Safety actions

Whether or not the ATSB identifies safety issues in the course of an investigation, relevant organisations may proactively initiate safety action in order to reduce their safety risk. The ATSB has been advised of the following proactive safety action in response to this occurrence.

Safety action by TasRail

Since the occurrence, TasRail has undertaken a number of proactive safety actions, including:

  • TasRail immediately implemented a self-imposed embargo on all RRV [rail road vehicle] excavator use whilst in rail mode across the entire network.
  • Conducted an industry forum to determine a path forward for the safe return of excavator operations, and a process was developed to ensure that contractors /operators could assure themselves of the safety of their employees and equipment. 
  • The output of the forum was the development of a process flow chart for the use of “Earth Moving Equipment Being used as a Lifting Device”. A supporting checklist was also developed to allow monitoring of compliance.
  • TasRail has proactively shared the outcomes of the industry forum with other rail infrastructure managers throughout Australia and New Zealand.

Sources and submissions

Sources of information

The sources of information during the investigation included:

  • witnesses
  • Global Rail
  • Office of the National Rail Safety Regulator
  • TasRail
  • Tasmania Police
  • WorkSafe Tasmania.

Submissions

Under section 26 of the Transport Safety Investigation Act 2003, the ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate. That section allows a person receiving a draft report to make submissions to the ATSB about the draft report. 

A draft of this report was provided to the following directly involved parties:

  • Global Rail
  • TasRail
  • Office of the National Rail Safety Regulator
  • labourer acting as spotter.

Submissions were received from:

  • Global Rail
  • TasRail
  • Office of the National Rail Safety Regulator.

The submissions were reviewed and, where considered appropriate, the text of the report was amended accordingly.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through: 

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

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[1]     This calculation assumed that there was a linear reduction in the working load limit with an increasing lift point radius. 

Occurrence summary

Investigation number RO-2022-008
Occurrence date 20/07/2022
Location Lehmans Road, Evandale
State Tasmania
Report release date 23/10/2024
Report status Final
Investigation level Short
Investigation type Occurrence Investigation
Investigation status Completed
Mode of transport Rail
Highest injury level Fatal

Fuel Mayday declaration involving Boeing 737-838, VH-VZO, abeam Wave Rock, Western Australia, on 18 July 2022

Final report

Report release date: 08/06/2023

Executive summary

What happened

On the 18 July 2022, at 2110 Coordinated Universal Time, a Qantas Airways Boeing 737-838, registered VH-VZO and operated as flight number QF933, departed Brisbane Airport, Queensland, on a scheduled air transport flight to Perth Airport, Western Australia. There were 174 people on board, including 2 flight crew members.

During the approach to Perth, air traffic control (ATC) advised the crew there were significant delays, over and above the promulgated estimated delay time, for arrivals into Perth. The aircraft did not have enough fuel to hold for the extra time and the flight crew declared a fuel MAYDAY. The aircraft was then given priority for the approach and landed with their final reserve fuel intact.

What the ATSB found

The ATSB found the aircraft had departed with the required fuel onboard. During the cruise, when the aircraft descended from flight level (FL) 340 to FL 280, the aircraft was not flown at the speed schedule displayed on the flight plan. This resulted in the aircraft using more fuel than planned. The fuel burn returned to the planned rate later in the flight however, the aircraft had used an extra 600–700 kg of fuel. Despite that increased usage, as the aircraft passed the decision point, there was sufficient fuel to continue the flight to Perth.

The ATSB also found that ATC had applied the required priority to the aircraft. However, the timing of the advice of airborne delay greater than the promulgated estimate of 10 minutes resulted in the aircraft being unable to land with the required fuel reserve. This left the flight crew with no other option than to declare a fuel MAYDAY to receive priority landing and preserve their required fuel reserve.

Safety message

Sophisticated flight planning and monitoring systems allow fuel usage and aircraft movement to be accurately determined. While operational requirements may necessitate deviation from the plan, this incident illustrates that decisions by flight crew and air traffic controllers that result in higher‑than‑planned fuel usage can reduce available airborne options.

Where flight crew find that they may not have the required fuel reserve, it is vital, as in this case, that flight crew alert air traffic control and if necessary, declare a Fuel MAYDAY. This will ensure that the aircraft receives priority during the approach, preventing an unsafe situation from developing.

 

The investigation

Decisions regarding the scope of an investigation are based on many factors, including the level of safety benefit likely to be obtained from an investigation and the associated resources required. For this occurrence, a limited-scope investigation was conducted in order to produce a short investigation report and allow for greater industry awareness of findings that affect safety and potential learning opportunities.

The occurrence

At 2110 Coordinated Universal Time on 18 July 2022, a Qantas Airways Boeing 737-838, registered VH-VZO and operated as flight number QF933, departed Brisbane Airport, Queensland, on a scheduled air transport flight to Perth Airport, Western Australia (Figure 1). There were 174 people on board, including 2 flight crew members.

Due to significant forecast headwinds, the flight was planned to fly south of the direct path, overhead Mildura, Adelaide, across the Great Australian Bight, then to Perth and estimated to take 5 hours and 30 minutes. Early in the cruise, the aircraft encountered stronger headwinds than forecast so the flight crew contacted air traffic control (ATC) and requested, and received, a clearance to fly slightly north of the planned track.

The aircraft was descended earlier than planned from flight level (FL) 340[1] to FL 280, due to turbulence and to also take advantage of lesser headwinds and remained at this level as it passed Adelaide.

Figure 1: Flight path

Figure 1: Flight path

Source: Google Earth with Flightradar 24 data, annotated by ATSB

At this stage of the flight, the flight crew identified that they were using more fuel than planned and discussed diverting to Adelaide to load more. However, as they would be required to hold while they used fuel to reduce the aircraft’s weight to under the maximum landing weight, and they had sufficient fuel to continue to the destination, they decided to continue to Perth.

To assist their in‑flight planning, the crew assessed the wind speeds using an application on an iPad and requested reports of actual wind strength from flight crew in other aircraft, flying at different altitudes. As they were crossing the Great Australian Bight, they received a report from another crew, advising that the wind at FL360 was about 15 kt less than forecast and consequently they climbed from flight level (FL) 280 to FL 360, again, earlier than planned.

Subsequently, they discussed diverting to Kalgoorlie to load more fuel. However, due to the runway length at Kalgoorlie, they would still be required to hold to reduce the aircraft’s landing weight. The weather forecast for Kalgoorlie was also showing an INTER,[2] where the visibility was reduced to 5,000 m in rain with broken cloud[3] at 800 ft. Consequently, as they still had the required fuel to fly to Perth, they elected to continue.

As they passed the decision point all engines (DPA),[4] they again assessed that as there were no fuel‑related weather requirements at Perth and that they had sufficient fuel on board to continue the flight.

The flight crew continued to request, and receive, track shortening from ATC. Later in the cruise, ATC advised the crew there were significant delays for arrivals into Perth and they could expect around 13 minutes delay before passing BEVLY, a waypoint[5] on the arrival procedure (Figure 2). ATC instructed the crew to reduce to minimum speed and to temporarily turn off-track to delay the BEVLY passing time. The crew had estimated passing BEVLY at 0226 and asked ATC for the expected passing time and were subsequently advised it would be 0242. They advised ATC that they were carrying 10 minutes of traffic holding fuel, which was required for traffic holding at Perth. As such, they could cross the waypoint at 0236 however, they did not have enough fuel on board to cross BEVLY at 0242. They also advised they would need to remain at altitude until they passed HAMTN, a waypoint on the arrival procedure, and to descend at 230 kt in a continual descent to conserve fuel.

ATC advised the flight crew that the order of aircraft in the arrival sequence could not be changed unless they declared a fuel MAYDAY, which the crew subsequently did. The aircraft was then given priority for the approach.

Figure 2: Approach path

Figure 2: Approach path

Source: Google Earth with Flightradar 24 data, annotated by ATSB

Prior to the approach, the crew briefed on the procedures for a low fuel warning.[6] During the approach, they received a FUEL LOW warning for the right fuel tank when there was about 930 kg of fuel remaining in the tank. The crew followed the non-normal checklist and selected the cross‑feed selector to OPEN and selected fuel pumps to ON. This resulted in fuel being used primarily from the right fuel tank.[7] The low fuel warning activated for the left fuel tank 38 seconds prior to landing. At that stage, there was 676 kg of fuel remaining in the right fuel tank.

The aircraft landed at Perth at 0248 with the required final reserve fuel intact plus 300 kg of fuel, 5 hours and 38 minutes after take-off.
 

Context

Flight plan

The flight was planned using the operator’s flight planning system. Fuel for the following was included:

  • taxi
  • trip (take-off, climb, cruise and descent to 1,500 ft above Perth)
  • departure allowance to set heading (see the section titled Operator requirements)
  • contingency fuel (see the section titled Contingency fuel)
  • 10 minutes of fuel for traffic holding at Perth (see the section titled Traffic holding fuel)
  • approach (see the section titled Operator requirements)
  • final reserve fuel (see the section titled Final reserve fuel)
  • extra fuel (see the section titled Operator requirements)

The crew advised that 300 kg of freight was removed from the aircraft to allow the minimum flight planned fuel amount to be carried. The weather forecast for the flight's arrival time was such that no extra fuel was required for weather holding, nor was an alternate airport required.[8]

Contingency fuel

According to the Civil Aviation Safety Regulations (CASR) Part 121 manual of standards (MOS) section 7.03, contingency fuel is ‘the amount of fuel required to compensate for unforeseen factors’. Further, Part 121 MOS subsection 1.04 definitions (1) defined unforeseen factors as

factors that could have an influence on an aeroplane’s fuel consumption to the planned destination aerodrome, including:

(a) the aeroplane’s deviation from the expected fuel consumption data for an aeroplane of that type; and (b) extended delays and deviations from planned routings or cruising levels.

The contingency fuel for a turbine-engine aircraft where a point of in-flight replanning is specified,[9] must include the higher of either:

  • 5% of the trip fuel from the in-flight replanning point to the planned destination,[10] or
  • not less than the amount of fuel required to fly, in ISA[11] conditions, for 5 minutes at holding speed, at 1,500 ft above the planned destination.

The flight plan included fuel to fly for 5 minutes at 1,500 ft, as this was the greatest amount.

Traffic holding fuel   

The Aeronautical Information Package En-route supplement provided an estimate for delays for flights into Perth. This stated that at the time the flight was due to land, they could expect up to 10 minutes airborne delay. This was an advisory time only and the actual holding time could vary.

The flight plan included 10 minutes holding fuel.

Final reserve fuel

A turbine-engine aeroplane is required to carry 30 minutes of fuel to allow the aircraft to fly at holding speed, at 1,500 ft above the aerodrome elevation. This must be available at the completion of the flight.

Operator requirements

The operator’s procedures provided a fuel allowance including:

  • a departure allowance to allow for a departure from an airport where a known lengthy departure procedure is required prior to joining the flight planned track.
  • an approach allowance of 300 kg of fuel.

Qantas also had a requirement that a Boeing 737 aircraft have 2,700 kg or 70 minutes of fuel when they arrived overhead the destination airport, whichever was greater. This amount was inclusive of the required contingency, traffic holding, approach and final reserve fuel. Once the aircraft had departed, there was no requirement to preserve the extra fuel to meet this pre‑flight requirement.[12]

The flight plan included almost 700 kg to fulfill this requirement.

Operator fuel planning procedures

According to the operator’s fuel planning procedures, the pilot in command (PIC) should only order discretionary fuel to cater for a known, but unplanned, operational reason. If the PIC believed payload should be offloaded to allow for extra fuel, they were required to consult with the integrated operations centre (IOC), who would assess the commercial implications. They were also required to submit a pilot report.

The pilot advised that as they had the required minimum fuel for the flight, they did not offload any further freight to load extra fuel. They advised if there had been space, they may have added extra fuel. They also advised that if they had decided to take extra fuel, they were confident they would not have encountered any pressure from management. They advised that since the COVID-19 pandemic began, Qantas management had advised flight crews to take their time when conducting pre-flight planning and to take extra fuel if they thought it was required.

Cost index

The cost index (CI) is the ratio between the operating cost of an aircraft and the fuel burn. The lower the cost index the slower the flight and therefore the lower the fuel burn, however the aircraft will be operating longer. Consequently, it will have a higher operating cost. The CI for the maximum range is 0.

Qantas flight administration manual advised that the cost index:

provided on the flight plan is derived from a number of data sources and policy requirements. Based on variations in operating conditions for each flight, the cost index balances various interrelated costs to minimise the total operating expense of the flight. While the pilot in command may vary the cost index, this should only be done based on sound command and commercial judgement.

The CI should be entered into the flight management computer (FMC) during the preparation for the flight and the aircraft should be climbed, cruised and descended[13] at the FMC generated ECON[14] speed/ Mach number. The CI on the flight plan for this flight was 10. The flight crew was required to enter this figure into the FMC prior to the flight.

Flight planning system

The Qantas flight planning system was designed to search for the most efficient route for the flight. The system would select enroute descents and climbs to take account the changing weight of the aircraft and the forecast wind. It would also display the Mach number[15] required for the most efficient cruise at the planned altitude, for the selected cost index. The flight plan showed the forecast wind for 1 flight level above and 2 flight levels below the planned flight level.

The flight plan also displayed the decision point all engines (DPA) (among other relevant decision points) with the expected fuel remaining and the minimum fuel required to fly from this point to the destination. The flight plan showed that the minimum fuel required at the DPA to continue to Perth was 2,600 kg.

Boeing flight plan check

The ATSB did not have access to flight planning software to check the accuracy of the Qantas fuel plan. As such, The Boeing Company (Boeing) was contacted to prepare an independent flight plan, using the forecast weather data. Boeing subcontracted the flight planning to another company. However, their software did not allow them to enter the actual forecast winds over the entire flight plan and consequently they used an average wind vector for the flight. Their flight planning system calculated that the required flight fuel[16] was 15,211 kg. The flight plan produced on the day by the Qantas flight planning system calculated that the flight fuel[17] required was 15,190 kg.

Flight plan track versus actual track

The ATSB downloaded the data from the aircraft’s flight data recorder. Figure 3 shows verified flight data for certain recorded parameters during the flight. The data showed the:

  • aircraft took off with approximately 170 kg more fuel than planned.
  • flight crew selected VNAV[18] speed during the climb segments.
  • flight crew selected speed on the master control panel to control the speed during descent.
  • FMC generated speed was utilised during the cruise segments.

At approximately 2242, the aircraft descended earlier than planned from FL 340 to FL 280, following assessment of the actual winds. The crew then engaged the FMC for the cruise at FL 280, however, the Mach number did not reduce to that planned, resulting in the aircraft using more fuel than expected in the flight plan.

Figure 3: QF933 flight data

Figure 3: QF933 flight data

Source: ATSB

The data also showed that at 2348, when the aircraft climbed early from FL 280 to FL 360, the aircraft had approximately 800 kg of fuel less than planned. The actual fuel burn then reduced while the aircraft was flown at a higher level than planned however, the fuel quantity remained approximately 600/700 kg below the planned level for the remainder of the flight.

The review also identified that the Cost Index parameter was not correctly recorded in the flight data.[19]

Table 1 shows the planned Mach number versus the average Mach number for the different altitudes flown.

Table 1: Planned Mach number versus the average Mach number flown

Elapsed time (hr)Altitude (ft)Planned MachAverage Mach
0.37 – 1.4734,0000.7850.792
1.55 – 2.5928,0000.7130.770
3.08 – 4.0536,0000.7810.792
4.14 – 4.5038,0000.7820.788*

*Before speed reduction for sequencing into Perth

The fuel plan in the FMC identified to the flight crew that the aircraft was using more fuel than planned during the first part of the flight and then later in the flight, returned to approximately the expected fuel burn (Figure 4).

Figure 4: Fuel plan as displayed in the aircraft flight management computer

Figure 4: Fuel plan as displayed in the aircraft flight management computer

Source: Operator, annotated by ATSB

Data supplied by Qantas showed that at the DPA (KATHI) there was 2,800 kg of fuel remaining on board.

Adherence to the flight plan

The Qantas Flight administration manual (FAM) stated:

Subject to airmanship and other operational influences flight crew are to utilise mid-segment climb (MSC)….

No deviations from flight plans are to be initiated by the pilot in command other than those occasioned by normal operational requirements (e.g. deviations due to weather, safety considerations, etc.).

The operator confirmed that they would expect a flight crew to deviate from a flight plan where there were operational reasons to do so. They also advised that the crew was expected to fly the appropriate speed for the selected level - generally this would be the FMC generated ECON speed for the flight planned cost index.

Perth Airport forecast

The terminal area forecast for Perth at the time of arrival showed that from 2300 the wind was from 100° at 8 kt with visibility greater than 10 km, showers of rain, scattered cloud at 1,500 ft and broken cloud at 2,500 ft.[20] From 0300 on the 18 July, the wind was from 150° at 8 kt with visibility greater than 10 km, no significant weather and scattered cloud at 3,000 ft.

The alternate minima for Perth were a cloud base of 400 ft and 1,600 m visibility.[21]

Air traffic arrival sequence

As the air traffic flow management system[22] was not in operation at the time of this occurrence, there were no pre‑arranged arrival times into Perth.

In accordance with AIP Enroute 1.4 – 8 Assessment of Priorities, during the approach, an aircraft with an emergency will get priority in all circumstances. ATC will then apply priority to ‘an aircraft which is first able to use the desired airspace in the normal course of its operation. Consequently, regardless of where an aircraft departed from, they would be placed in the arrival sequence for an airport in order of their actual time of arrival at the relevant approach points. ATC then used speed control, vectoring or holding to achieve an orderly flow of aircraft. 

Order of landing

Table 2 shows the order of landing and the delays[23] applied around the time QF933 arrived.

Table 2: Aircraft order of landing when QF933 landed

AircraftDepartureEstimated time due (UTC)Actual time landed (UTC)Delay
F100Paraburdoo02370244392 seconds
B737 (QF933)Brisbane02420248400 seconds
F100Bunbury02410251607 seconds
F100Newman02470253369 seconds
A320Newman02440256725 seconds
DHC-8Golden Grove024403021045 seconds
F100Coondewanna02480304975 seconds

QF933 received an actual delay of 400 seconds (6.67 minutes), however they had been allocated a delay of 16 minutes at BEVLY.[24]

Emergency fuel state

Civil Aviation Safety Regulations Part 121 MOS 7.08 stated that the pilot in command (PIC) should advise ATC of a minimum fuel state if they are committed to land at an airport and where any changes to the clearance will result in the aircraft landing with less that the final reserve fuel. The MOS also stated that the flight crew should not expect any form of priority handling as a result of declaring minimum fuel.

Where the PIC has calculated that the aircraft will land with less than the final reserve fuel, the flight crew

must declare a situation of ‘emergency fuel’ by broadcasting ‘MAYDAY MAYDAY MAYDAY FUEL’.

As this is a distress message, the aircraft will be given priority to land.
 

Safety analysis

The Boeing 737-838 departed Brisbane on a scheduled air transport passenger flight to Perth with the operator‑required minimum fuel onboard. The planned flight fuel was verified independently as being sufficient for the flight. The fuel plan included extra fuel to meet the Qantas requirement that a 737 arrive at 1,500 ft above the destination airport with 2,700 kg or 70 minutes of fuel.

During the cruise segments, a Mach number faster than the planned value was flown, resulting in the aircraft using approximately 700–800 kg of extra fuel in the first part of the flight. The FMC was most likely selected to the ECON speed, which will use the selected cost index to set the best economy speed. The ATSB could not verify what cost index value was selected by the flight crew prior to the flight, as this parameter was not correctly recorded in the flight data.

During the flight, the flight crew detected the extra fuel burn and after consultation with a flight crew in another aircraft climbed the aircraft early. While this resulted in the aircraft having a stronger headwind, the fuel burn reduced to approximately the planned rate.

As the aircraft passed the decision point all engines, the crew assessed that, while less than the planned amount, they had enough fuel to meet the requirements and continued to Perth. They were later advised by air traffic control (ATC) that longer than expected traffic delays were anticipated and they would be delayed by approximately 16 minutes.

A review of the Airservices Australia data indicated ATC had applied the required priority to the aircraft. However, the airborne advice from ATC that the aircraft’s approach would be delayed for longer than the promulgated advisory of 10 minutes, resulted in the aircraft having insufficient holding fuel. Additionally, at the time of that advice the aircraft was relatively close to Perth so there was no opportunity for the crew to reduce fuel consumption by any significant amount over the remaining flight time to comply with the increased holding.

This left the flight crew with no other option than to declare a fuel MAYDAY to receive priority landing and preserve their required fuel reserve.

Findings

ATSB investigation report findings focus on safety factors (that is, events and conditions that increase risk). Safety factors include ‘contributing factors’ and ‘other factors that increased risk’ (that is, factors that did not meet the definition of a contributing factor for this occurrence but were still considered important to include in the report for the purpose of increasing awareness and enhancing safety). In addition, ‘other findings’ may be included to provide important information about topics other than safety factors. 

These findings should not be read as apportioning blame or liability to any particular organisation or individual.

From the evidence available, the following findings are made with respect to the fuel MAYDAY declaration involving Boeing 737-838, VH-VZO abeam Wave Rock, Western Australia on 18 July 2022.

Contributing factors

  • When the aircraft changed flight levels during the cruise, the speed for the lower altitude specified in the flight plan was not flown, resulting in a higher fuel burn than planned, although still sufficient to meet the requirements of the flight as the aircraft passed the decision point.
  • As the aircraft approached Perth, the crew received a delayed arrival time over and above the published 10 minutes estimated airborne traffic delay, resulting in insufficient fuel to meet the extended delay. This necessitated the declaration of a fuel MAYDAY as the aircraft would have landed with less than the required fixed fuel reserve.

Sources and submissions

Sources of information

The sources of information during the investigation included:

  • the flight crew
  • Qantas Airways Pty Ltd
  • Airservices Australia
  • The Boeing Company

Submissions

Under section 26 of the Transport Safety Investigation Act 2003, the ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate. That section allows a person receiving a draft report to make submissions to the ATSB about the draft report.

A draft of this report was provided to the following directly involved parties:

  • the flight crew
  • Qantas Airways Pty Ltd
  • Airservices Australia
  • United States National Transportation Safety Board
  • The Boeing Company.

Submissions were received from:

  • the flight crew
  • Qantas Airways Pty Ltd
  • Airservices Australia
  • Civil Aviation Safety Authority

The submissions were reviewed and, where considered appropriate, the text of the report was amended accordingly.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through:

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information 

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

© Commonwealth of Australia 2023

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Copyright in material obtained from other agencies, private individuals or organisations, belongs to those agencies, individuals or organisations. Where you wish to use their material, you will need to contact them directly.

[1]     Flight level: at altitudes above 10,000 ft in Australia, an aircraft’s height above mean sea level is referred to as a flight level (FL). FL 340 equates to 34,000 ft.

[2]     INTER: an intermittent deterioration in the forecast weather conditions, during which a significant variation in prevailing conditions is expected to last for periods of less than 30 minutes duration.

[3]     Cloud cover: in aviation, cloud cover is reported using words that denote the extent of the cover – ‘broken’ indicates that more than half to almost all the sky is covered.

[4]     Decision point all engines: The waypoint or waypoints nominated on the flight plan, but not beyond the top of descent, from which the aircraft may divert to a different airport with all engines operating while meeting all inflight fuel requirements.

[5]     Waypoint: A defined position of latitude and longitude coordinates, primarily used for navigation.

[6]     Due to a Federal Aviation Administration requirement for a low fuel alert when there was 45 minutes of fuel remaining, Boeing had set this alert at 907 kg of fuel remaining in each fuel tank.

[7]     The fuel pumps in the aeroplane have allowable variations in output pressure. If there is a sufficient difference in pump output pressures and the cross-feed valve is opened, fuel feeds to the operating engines from the fuel tank with the highest pump output pressure. This may result in fuel unexpectedly coming from the tank with the lowest quantity.

[8]     Qantas had a dispensation under arrangements allowing operators to transition from legacy fuel requirements to the requirements of CASR Part 121 (which came into effect on 2 December 2021). This dispensation allowed Qantas to operate under their previous permission in relation to alternate aerodrome requirements and a fuel operational variation. This meant that on the occurrence flight a destination alternate aerodrome was not required, whereas it would have been required for a Part 121 operation. This also allowed Qantas to operate without the 15 minutes holding fuel required under section 7.02 where the destination aerodrome did not require an alternate aerodrome.

[9]     Point of in-flight replanning is a point en-route, determined by the operator before the flight commences, at which the aeroplane can:

(a)  if it arrives at the point with adequate fuel to complete the flight to the planned destination aerodrome while maintaining the required fuel—continue to that aerodrome; or

(b)  otherwise—divert to an en‑route alternate aerodrome while maintaining the required fuel.

[10]    Qantas have advised that their flight planning software has not been updated and calculated 10% of the trip fuel from the in-flight replanning point to the planned destination.

[11]    International Standard Atmosphere (ISA): hypothetical meteorological conditions that provide standard temperatures and pressures at specified altitudes. ISA conditions are used as a datum for calculating aircraft performance data.

[12]    This did not remove the requirement that all regulated fuel requirements must be preserved during the flight.

[13]    During the descent, when the aircraft goes below 5,000 ft above ground level, the maximum speed is 250 kt.

[14]    The ECON speed uses CI as an input that is based on a detailed accounting of actual costs.

[15]    The ratio between the true air speed (TAS) and the local speed of sound (LSS). This ratio, which equals one when the TAS is equal to the LSS, is known as the Mach Number (M) and is very important in aircraft operating at high speed.

[16]    Flight fuel included fuel from commencement of take‑off to Perth Airport.

[17]    Qantas flight fuel included fuel from commencement of take‑off to 1,500 ft at the destination.

[18]    When VNAV is selected, the autopilot will fly the FMC‑programmed speed.

[19]    Qantas advised the parameter for the cost index was not recording correctly for all flights.

[20]    Cloud cover: in aviation, cloud cover is reported using words that denote the extent of the cover – ‘scattered’ indicates that cloud is covering between a quarter and a half of the sky.

[21]    As the flight was operating under the Qantas fuel dispensation, they were not required to comply with the alternate minima requirements for Part 121. For a Boeing 737 aircraft these would be a cloud ceiling of 1,200 ft and visibility of 5,000 m.

[22]    Air traffic flow management is a system where depending on the forecast traffic, aircraft are given a departure time to ensure a managed traffic flow to an airport and to reduce airborne delays.

[23]    Airservices Australia calculate the flight delay by comparing the estimated flight time (using nominal system track information and nominal aircraft performance data for specific aircraft types) and actual flight time for the portion of the flight within 250 NM of the destination aerodrome.

[24]    The flight crew advised the FMC‑generated time of arrival at BEVLY was 3 minutes earlier than the estimate ATC had in their system, possibly due to the track shortening requested by the flight crew and approved by ATC.

Occurrence summary

Investigation number AO-2022-035
Occurrence date 18/07/2022
Location Abeam Wave Rock
State Western Australia
Report release date 08/06/2023
Report status Final
Investigation level Short
Investigation type Occurrence Investigation
Investigation status Completed
Mode of transport Aviation
Aviation occurrence category Fuel - Other
Occurrence class Incident
Highest injury level None

Aircraft details

Manufacturer The Boeing Company
Model 737-838
Registration VH-VZO
Serial number 34191
Aircraft operator Qantas Airways
Sector Jet
Operation type Part 121 Air transport operations - larger aeroplanes
Departure point Brisbane Airport, Queensland
Destination Perth Airport, Western Australia
Damage Nil

Collision between passenger train and truck, at Goornong, Victoria, on 13 July 2022

Discontinuation notice

Report release date: 22/12/2025

Section 21 (2) of the Transport Safety Investigation Act 2003 (TSI Act) empowers the ATSB to discontinue an investigation into a transport safety matter at any time. Section  21 (3) of the TSI Act requires the ATSB to publish a statement setting out the reasons for discontinuing an investigation. 

Overview of the investigation

The occurrence

On 13 July 2022 at about 0716 local time, V/Line passenger train 8070 departed Echuca on a scheduled service to Southern Cross Station, Melbourne, via Bendigo in Victoria (Figure 1). The 3-car VLocity DMU was operating on the V/Line regional broad gauge network. On board were the driver, conductor and about 40 passengers. The train was scheduled to arrive at Goornong station at 0808. By rail, Goornong was about 28 km before the stop at Bendigo.

Figure 1: Broad gauge rail route from Echuca to Bendigo

Broad gauge rail route from Echuca to Bendigo

Source: Nearmap, annotated by the Office of the Chief Investigator (OCI)

On the morning of the incident, a farmer whose property was located near Goornong was expecting a truck to collect and transport a load of hay to Mansfield. Arrangements had been made for a truck from a local truck depot to use a gated level crossing which provided a route between the Midland Highway and the unsealed Railway Road on the other side of the railway (Figure 2). This level crossing was referred to as the Holmes Road level crossing, although it was not on Holmes Road, which was further north.  

Figure 2: Holmes Road level crossing and local area

Holmes Road level crossing and local area

Source: Google maps, annotated by OCI

The Holmes Road level crossing was about 700 m from the farmhouse and hay shed. In preparation for the truck’s arrival, a farm worker attended the crossing. They opened the gates then returned to the farm leaving the level crossing unattended.

Travelling north along the Midland Highway, the truck arrived at the left turn for the side road to the level crossing at about 0804. The truck’s driver had not previously used this crossing. As the truck commenced the turn, train 8070 was approaching from the north on the single bi-direction track and was about 400 m from the crossing. The truck driver recalled monitoring road traffic approaching from behind as they made the turn and did not observe the approaching train at this point. The driver of train 8070 saw the truck turn and travel towards the level crossing.

After turning their truck onto the short, unsealed road which joined the Midland Highway to Railway Road, the truck driver observed that the gates on either side of the crossing were open, and they had clear access across the crossing (Figure 3). The truck driver recalled that they had been told to expect closed gates on their way to the farm and was surprised to find open gates. The truck then proceeded towards and onto the level crossing. Its driver recalled not seeing the train until the last moment before the collision.

Figure 3: View from truck as it approached the Holmes Road level crossing

View from truck as it approached the Holmes Road level crossing

Source: Still image from the truck’s video camera, annotated by OCI

The train approached the crossing travelling at about 74 km/h which was below the permitted speed of 80 km/h. The train’s event recorder indicated that the train’s horn was sounded when the train was about 230 m from the crossing and again when about 70 m from the crossing. The truck driver did not recall hearing the train horn.

On seeing the truck drive onto the crossing, the train driver made an emergency brake application. This slowed the train to about 63 km/h before the train collided with the side of the truck. It then travelled a further 90 m before coming to a stop (Figure 4). 

Figure 4: The front of train 8070 following impact, looking back towards the crossing

The front of train 8070 following impact, looking back towards the crossing

Source: OCI

The collision resulted in significant damage to the front of the train and the derailment of its leading car. Its driver sustained minor injuries. There were no reported injuries to passengers or the conductor.

The truck’s prime mover and trailer were separated and damaged in the collision, and the driver of the truck was seriously injured. 

The Holmes Road level crossing

The level crossing was at the intersection of a 6 m wide unsealed road and a single bi‑directional track, about 50 m from the Midland Highway. The approach to the turn‑off from the highway (as taken by the truck) was equipped with standard road signage identifying the presence of the crossing on the side road ahead.

On the truck’s approach to the crossing (from the east), the truck driver’s view of the approaching train was largely unobstructed although a small number of self-seeded trees restricted some views on the approach. Near the crossing, the view of an approaching train was not impeded (Figure 5).

Figure 5: View from eastern gate towards the approach direction of train 8070 

View from eastern gate towards the approach direction of train 8070

Source: OCI

Protection at the crossing included railway crossing identification signage, give way signs and a lockable single swing gate on each side of the crossing to restrict access. Railway crossing and give way signage was located between each gate and the track, with some signage on the east side being knocked over in the incident (Figures 6 and 7).

Figure 6: The crossing when approached from the east, with some signage knocked over

The crossing when approached from the east, with some signage knocked over

Source: OCI

Figure 7: The undamaged crossing signage on the west side of crossing

The undamaged crossing signage on the west side of crossing

This image shows the signage between the gate and track on the western side of the crossing, with the closed eastern gate on the other side of the track in the background. Prior to the collision, the same signage was present on the east side, facing the truck as it approached. Source: OCI

The lockable swing gates were installed at the crossing in 2013 and were a frangible design.[1] Frangible gates allow vehicles to push through the gates in the case of an emergency such as bushfire. Signage on the gates indicated train running information should be sought for transferring livestock or heavy machinery. V/Line advised that this instruction was not intended to apply to normal vehicle traffic including trucks.

The installation of lockable gates followed V/Line consultation with the local shire council and community on the potential for closing the crossing. The gated solution was adopted to restrict access following community opposition to proposed crossing closure. The installed gates were in addition to pre-existing passive give way signage.

To manage use of the crossing, licence agreements were established between V/Line and several farmers in the area.[2] Each agreement nominated authorised users which allowed use of the crossing under conditions set out in the agreement. Keys to the gate’s locks were provided to each of the authorised users.

The agreement described that an authorised user was expected to unlock and open each gate, drive their vehicle across the rail line clear of the track, and return to close and lock both gates. V/Line advised that training in the use of the gates was also provided at the time the licence agreements were established.

Frangible gate level crossings at other locations

There were 6 other level crossings on the V/Line network identified as having frangible gate arrangements. Two of these were located on the Ballarat to Ararat rail line and 4 were located on the Ballarat to Maryborough line. Their local environment, infrastructure configuration and usage arrangements varied.  

Restricted-access crossings

The V/Line regional network contained about 450 level crossings which had some form of restricted access or private usage. A large subset of these crossings were occupation crossings which provided access between 2 parcels of land.[3] The Holmes Road level crossing was not an occupation crossing. However, its restricted access and user arrangements placed it within this broad group of restricted-access crossings. 

Summary of observations 

The review of evidence identified that:

  • Lockable gates were added to the Holmes Road level crossing in 2013 to restrict its usage. The gates supplemented pre-existing passive level crossing signage.
  • On the day of the collision, the gates at the Holmes Road level crossing were opened in preparation for the arrival of a truck. The crossing was then left unattended.
  • The truck subsequently entered the level crossing into the path of train 8070. The driver of the truck did not see the train and was possibly distracted by their lack of familiarity with the gated arrangement and surprise at finding the gates open.
  • The train was observable from the truck during its turn from the Midland Highway and nearer the crossing. Self-seeded trees restricted the view to the track on part of the truck’s approach.
  • The V/Line network had about 450 restricted-access crossings including occupation crossings and other private crossings.  

Safety actions taken since the event

Following the collision at the Holmes Road level crossing, several safety actions associated with frangible gate crossings have been taken by V/Line. The Holmes Road level crossing has been permanently closed, and a V/Line review identified that 4 of the 6 other frangible gate crossings should be considered for closure. One of these 4 has subsequently received funding to progress its closure.

V/Line has also developed a new level crossing management strategy and associated plan to enhance level crossing safety across regional Victoria.[4] The strategy contains 11 objectives across 3 strategic themes, with several objectives relevant to safety at restricted-access crossings. The plan identifies the further inspection and review of all occupation and private crossings over a 5-year period. The plan also describes the potential use of new technologies for warning systems at such crossings and identifying opportunities for crossing closures.

Reasons for the discontinuation

Based on a review of investigation evidence and the subsequent safety actions taken by V/Line, further investigation is unlikely to yield additional important safety lessons. Consequently, the ATSB has discontinued this investigation. 

The evidence collected during this investigation remains available to be used in future investigations or safety studies. The ATSB will also monitor for any similar occurrences that may indicate a need to undertake a further safety investigation.

[1]     A frangible gate is equipped with fusible link hinges which break to allow emergency escape or access.

[2]     The licence agreement between V/Line and the farmer involved in the incident was dated 27 November 2013.

[3]     Occupation crossings were historically granted to a landowner under Section 36 of the Lands Compensation Statute 1869 Vic. Rights also exist under subsequent legislation.

[4]     The V/Line strategy developed in 2025 considers the Code of Practice – Train Visibility at Level Crossings, released by the Office of the National Rail Safety Regulator (ONRSR) in December 2024.

Preliminary report

Report release date: 19/09/2022

This preliminary report details factual information established in the investigation’s early evidence collection phase, and has been prepared to provide timely information to the industry and public. Preliminary reports contain no analysis or findings, which will be detailed in the investigation’s final report. The information contained in this preliminary report is released in accordance with section 25 of the Transport Safety Investigation Act 2003.

The occurrence

Prior to the incident

On 13 July 2022 at about 0716, V/Line passenger train 8070 departed Echuca on a scheduled service to Southern Cross Station in Melbourne via Bendigo (Figure 1). The three-car VLocity Diesel Multiple Unit (DMU) was operating on the regional broad gauge line. Onboard were the driver, conductor and 40 passengers.

Figure 1: Broad gauge rail route from Echuca to Bendigo

Figure 1: Broad gauge rail route from Echuca to Bendigo

Source: e-way street directory, Melway 2017, annotated by Chief Investigator, Transport Safety (Victoria)

That same morning, a property owner (farmer) north of Bendigo and near Goornong was expecting a truck to collect and transport a load of hay. The farmer had engaged a local transport company and arrangements were made for the truck to use the Holmes Road level crossing that was near the farm. Use of this crossing provided a route between the Midland Highway and Railway Road on which the farm was located.

The Holmes Road level crossing was a gated, passive level crossing that was not available for normal public access. The gates on both sides of the crossing were fitted with locks, and keys had been provided to authorised property owners.

The farmer reported attending the Holmes Road level crossing shortly before the expected arrival of the truck, unlocking and opening the gates and then returning to the hay shed on their property.

The incident

The truck driver had been instructed to proceed to the farm to load hay for delivery to Mansfield. They travelled north along the Midland Highway from a nearby transport depot and turned left at the access road to the Holmes Road level crossing. Arriving at the level crossing, they found the gates open, and proceeded onto the crossing.

Train 8070 was scheduled to arrive at Goornong Railway Station at 0808. The train driver reported that, on approaching the level crossing, they could see the truck turning off the Midland Highway towards the crossing. With the train travelling at about 70 km/h, the train driver sounded the horn and expected the truck to stop. When it did not, the train driver made an emergency brake application and was in the process of turning their seat away, when the train impacted the truck.

The impact resulted in the derailment of both bogies on the leading car of the train. The lead rail car and the track infrastructure were extensively damaged. The train driver sustained minor injuries. There were no injuries to the passengers on the train.

The truck driver was seriously injured in the collision. The truck was severely damaged, with the semi-trailer separating from the prime mover (Figure 2).

Figure 2: Rear of train, prime mover and semi-trailer of truck after collision

Figure 2: Rear of train, prime mover and semi-trailer of truck after collision

Source: Chief Investigator, Transport Safety (Victoria)

Context

Location

Goornong is about 28 km north of the city of Bendigo in Victoria and the Holmes Road level crossing is about 5 rail-km north of the Goornong Railway Station (Figure 1).

Level crossing

The Holmes Road level crossing connected the Midland Highway and an unsealed local road named Railway Road that ran parallel to the rail track on its western side. Although Holmes Road was about 950 metres north of the level crossing and did not intersect the rail track or the Midland Highway, the crossing was designated the Holmes Road level crossing for V/Line identification purposes.

The Holmes Road level crossing was located about 2.4 km from the transport depot and about 700 m from the hay shed access road that was on the opposite side of the railway (Figure 3).

Figure 3: Location of Holmes Road level crossing

Figure 3: Location of Holmes Road level crossing

Source: Google maps, annotated by Chief Investigator, Transport Safety (Victoria)

Crossing protection

In 2013, V/Line equipped the level crossing with lockable gates. To provide limited access to the level crossing, V/Line had a formal agreement with local property owners. The agreement provided authorised users access to the level crossing under conditions set out in the agreement, and keys to the gates of the crossing were provided to those authorised users.

The crossing road was about 6 m wide and a single swing gate was installed across the road on either side of the railway. The gates were fitted with signage that included a notice with a telephone number to call before transferring livestock or heavy machinery, a reference number for the level crossing and to advise train control when the crossing was clear.

The level crossing was also fitted with signage typical of a passive (give way) level crossing. The Australian Standard 1742.7[1] specified the signage requirements. W7-12[2] and RX-8[3] signs were located on the Midland Highway before the turn-off to the level crossing (Figure 4).

Figure 4: Signage on approach to and at the level crossing

Figure 4: Signage on approach to and at the level crossing

Source: AS1742.7:2016, annotated by Chief Investigator, Transport Safety (Victoria)

On either side of the crossing, R6-25,[4] R1-2[5] and RX-9[6] signs were installed (Figures 5 and 6).

Figure 5: Holmes Road level crossing access from east of the rail track

Figure 5: Holmes Road level crossing access from east of the rail track

Holmes Road level crossing shown from the east side, the approach side of the truck. At the time of incident, the gate was open.

R6-25, R1-2 and RX-9 assemblies to the left of the road were knocked to the ground during the collision.

Source: Chief Investigator, Transport Safety (Victoria)

19 September 2022

Figure 6: Holmes Road level crossing access from west of the rail track

Holmes Road level crossing shown from the west side with all signage intact.

Source: Chief Investigator, Transport Safety (Victoria)

Train 8070

Train 8070 was a three-car VLocity set numbered 3VL35, consisting of car 1135 (DMD), 1335 (TM), and 1235 (DM).[7]

In addition to its derailment, the impact with the truck caused damage to the front of the leading car. The laminated safety glass of the windscreen and side windows were shattered, but all windows remained within their frames (Figure 7). The driver’s cab floor was pushed up and the underside of the control desk was deformed.

Figure 7: Damage to the front of the train

Figure 7: Damage to the front of the train

Source: Chief Investigator, Transport Safety (Victoria)

The truck

The truck consisted of a 2013 Kenworth T909 prime mover, coupled to a 45-ft drop-deck semi-trailer (Figure 8).

Figure 8: Drop-deck semi-trailer

Figure 8: Drop-deck semi-trailer

Source: Chief Investigator, Transport Safety (Victoria)

Further investigation

To date, the ATSB has:

  • inspected the location of the occurrence
  • examined train operational information
  • examined truck operational information
  • interviewed a number of parties
  • commenced collection of other relevant information

The investigation is continuing and will include review and examination of:

  • the arrangements for the use of the Holmes Road level crossing
  • the use of the level crossing by property owners
  • the operation of the truck and train
  • the configuration of the level crossing

Should a critical safety issue be identified during the course of the investigation, the ATSB will immediately notify relevant parties so appropriate and timely safety action can be taken.

A final report will be released at the conclusion of the investigation.

Australian Transport Safety Bureau

About the ATSB

The ATSB is an independent Commonwealth Government statutory agency. It is governed by a Commission and is entirely separate from transport regulators, policy makers and service providers.

The ATSB’s purpose is to improve the safety of, and public confidence in, aviation, rail and marine transport through:

  • independent investigation of transport accidents and other safety occurrences
  • safety data recording, analysis and research
  • fostering safety awareness, knowledge and action.

The ATSB is responsible for investigating accidents and other transport safety matters involving civil aviation, marine and rail operations in Australia, as well as participating in overseas investigations involving Australian-registered aircraft and ships. It prioritises investigations that have the potential to deliver the greatest public benefit through improvements to transport safety.

The ATSB performs its functions in accordance with the provisions of the Transport Safety Investigation Act 2003 and Regulations and, where applicable, international agreements.

Rail safety investigations in Victoria

Most transport safety investigations into rail accidents and incidents in Victoria and New South Wales (NSW) are conducted in accordance with the Collaboration Agreement for Rail Safety Investigations and Other Matters between the Commonwealth Government of Australia, the State Government of Victoria, and the State Government of New South Wales. Under the Collaboration Agreement, rail safety investigations are conducted and resourced in Victoria by the Chief Investigator, Transport Safety (CITS) and in New South Wales by the Office of Transport Safety Investigations (OTSI), on behalf of the ATSB, under the provisions of the Transport Safety Investigation Act 2003.

The Chief Investigator, Transport Safety (CITS) is a statutory position established in 2006 to conduct independent, no-blame investigation of transport safety matters in Victoria. CITS has a broad safety remit that includes the investigation of rail (including tram), marine and bus incidents.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through:

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available on the ATSB website. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

__________

  1.  AS1742.7:2016, Manual of uniform traffic control devices, Part 7: Railway crossings.
  2.  Railway Crossing on Side Road.
  3.  Railway Gate on Side Road.
  4.  Railway Crossing.
  5.  Give Way.
  6.  Railway Crossing width marker assembly.
  7.  DMD - Driving Motor (Disability toilet), TM - Trailing Motor, DM - Driving Motor

Occurrence summary

Investigation number RO-2022-007
Occurrence date 13/07/2022
Location Goornong
State Victoria
Report release date 22/12/2025
Report status Discontinued
Investigation level Defined
Investigation type Occurrence Investigation
Investigation status Discontinued
Mode of transport Rail
Rail occurrence category Collision
Occurrence class Accident
Highest injury level Minor

Train details

Train operator V/Line Corporation
Train number 8070
Type of operation Passenger
Departure point Echuca, Victoria
Destination Melbourne, Victoria
Train damage Substantial

Birdstrike and in-flight break-up involving a Bell 206L-1, VH-ZMF, near Maroota, New South Wales, on 9 July 2022

Final report

Report release date: 12/05/2023

Executive summary

What happened

On the morning of 9 July 2022, a Bell 206 L-1, registered VH-ZMF departed a private helipad at Cattai, NSW for a private flight. About 9 minutes later, the helicopter impacted terrain about 10 km to the north of the departure point. The helicopter was destroyed, and the pilot, who was the sole occupant, was fatally injured.

What the ATSB found

The ATSB found that shortly after crossing Dargle Ridge at about 500 ft above the ground and while approaching the Richmond airspace control boundary, a wedgetail eagle impacted the helicopter just below the front left windscreen. It was unlikely that the pilot saw or had time to avoid the wedgetail eagle due to sun glare and a required radio frequency change.

The pilot was likely startled and initiated abrupt control inputs leading to the main rotor severing the tail boom. This led to an inflight break-up of the airframe and collision with terrain.

Safety message

Birdstrike is sometimes an unavoidable and relatively common hazard for all aviation operations, one which is more prevalent at lower altitudes. Pilots are reminded that sound lookout and visual scanning processes, as well as avoidance of low-level flight and expected areas of large concentrations of birds are key to reducing the likelihood of birdstrike.

Maintaining effective lookout and taking steps to remove, reduce or eliminate reduced visual effectiveness will assist in maintaining better situational awareness in-flight, and also assist in providing better outcomes to see-and-avoid not only birds, but other airspace users.

 

The investigation

Decisions regarding the scope of an investigation are based on many factors, including the level of safety benefit likely to be obtained from an investigation and the associated resources required. For this occurrence, a limited-scope investigation was conducted in order to produce a short investigation report and allow for greater industry awareness of findings that affect safety and potential learning opportunities.

The occurrence

At about 1139 local time on 9 July 2022, a Bell 206L-1 Long Ranger, registered VH-ZMF, departed a private helipad at Cattai, New South Wales, for a private flight to a property at St Albans (Figure 1). The pilot was the sole occupant on board.

The pilot obtained an airways clearance from air traffic control and recorded data showed the helicopter tracked to the north towards St Albans, climbing to about 700 ft above mean sea level (AMSL).

A witness to the south of Dargle Ridge observed the helicopter moments before the accident. They recalled it flying straight and level towards the north, and that weather conditions were good, with clear skies and light winds.

Figure 1: VH-ZMF departure and track

Figure 1: VH-ZMF departure and track

Source: Google Earth, with OzRunways data, annotated by the ATSB

After crossing the Dargle Ridge lookout the helicopter was at about 500 ft above ground level based on the elevation. Several witnesses described seeing VH-ZMF enter into a rapid banking turn to the right while pitching up. They heard several rotor beats change tone before a final louder noise.

Witnesses then recalled the helicopter pitching and rolling while descending, with one witness describing separation of the main rotor blades from the helicopter at about the height of Dargle Ridge shortly before impact.

A short time later, smoke was observed rising from the area where the helicopter descended. The pilot was fatally injured, and the helicopter was destroyed by a post-impact fire.

A nearby news helicopter, filming local flooding, was the first to arrive on scene and landed nearby to render assistance. Camera crew continued filming the accident scene before it was consumed by the post-impact fire. Biological matter was observed in that recorded video on the outside of the left nose cowl of the helicopter (Figure 2).

Figure 2: Locations of biological matter

Figure 2: Locations of biological matter

Source: Bell, United Services, and ATSB

The landowner, who arrived at the accident scene on the top of the Dargle Ridge lookout, identified a mass of biological tissue, which appeared to be a tail section of a bird (Figure 3), which was still warm. During the on-site phase of the investigation, further biological samples were recovered below the escarpment.

Figure 3: Bird matter found near accident site

Figure 3: Bird matter found near accident site

Source: NSW Police and ATSB

Context

Pilot information

Licencing

The pilot held both commercial (aeroplane and helicopter) pilot licences and was appropriately licenced to fly the Bell 206 LongRanger. The pilot held a valid class 2 medical certificate which included restrictions requiring the wearing of distance vision correction and additionally, that reading correction must also be available whilst exercising the privileges of the licence. Their most recent single engine helicopter flight review and an operational low level helicopter rating renewal was carried out on 2 June 2022.

Aeronautical experience

The pilot’s electronic logbook record showed a total flying experience of 5,398.3 hours up to the last recorded flight on 19 October 2020, when the pilot ceased using electronic logbook software with a helicopter operator. Of the pilot’s total flying experience, about 4,800 hours was in helicopters. VH-ZMF was used regularly by the pilot as a private aircraft, however due to a lack of recent pilot logbook records, ATSB was unable to determine the pilot’s total flight experience in Bell 206 aircraft.

Recent history

The pilot had spent a number of days at their home in Cattai by themselves after returning from Adelaide to assist with the recent flood recovery efforts in the area and to ensure safety of their own property. While no one spoke to the pilot prior to them departing Cattai that morning, several text messages were exchanged with family and friends.

Post-mortem and toxicology

At the time of release of this report, a post-mortem and toxicology results were not available to the investigation.

Aircraft information

General

VH-ZMF was a Bell Helicopter Company B206L-1 Long Ranger, S/N 45258 manufactured in the US in 1979. It was first registered in Australia in October 2012 as VH-MFF and then changed registration to VH-ZMF in May 2013.

VH-ZMF was a helicopter with two-bladed main rotor and tail rotor systems, powered by a single Rolls Royce 250-C30P gas turbine engine. It had hydraulically assisted flight controls, skid type landing gear and seating for a pilot and 6 passengers. The main and tail rotor blades had been replaced with carbon fibre composite blades under a supplemental type certificate (STC).[1] The helicopter was fitted with an emergency locator transmitter.

At the time of the accident, the helicopter had completed 2,964 hours in service and was certified for day VFR[2] flight only.

Airworthiness and maintenance history

A maintenance release was issued for VH-ZMF on 10 September 2021 at an aircraft time in service of 2,938.34 hours and was valid at the time of the accident.

The aircraft was retrofitted with Van Horn tail rotor blades in December 2015 and Van Horn main rotor blades in May 2021. The Van Horn blades are constructed of carbon fibre composite material which differs to the standard aluminium alloy construction by the original manufacturer. The Van Horn tail and main rotor blades were fitted under STC SR02249LA and STC SR02684LA respectively. 

Meteorological conditions

Witnesses near the accident site described the weather conditions that morning to be ‘near perfect flying conditions’ with sunny conditions, light winds, blue skies and little cloud.

Another pilot who had operated through the same area about 7 minutes earlier on the day of the accident described the weather conditions as a good day for flying, with blue skies, sunny, no rain and some cloud around.

About the time of the accident, RAAF Base Richmond, located about 20 km to the south-west of the accident site, recorded wind from the west at about 4 kt and visibility greater than 10 km.

Recent heavy rainfall had swollen rivers, flooded the valleys and cut roads as substantial surface water runoff continued in the local area.

Wreckage information

The main accident site, including the engine, main cabin, and fuselage, was located in relatively flat and open farmland, between 2 ridgelines (Figure 5). The tail rotor assembly, vertical stabiliser and a section of the tail boom were found about 93 m to the north, with no signs of pre-existing component failure or damage. However, the main tail boom and drive shaft (Figure 4) were both severed at roughly the same fuselage station, consistent with a main rotor blade strike.

Figure 4: Tail boom impact

Figure 4: Tail boom impact

Source: ATSB

The main rotor system, including the transmission cowling, gearbox, and main rotor blades, was located about 68 m to the west in a heavily wooded, sloping escarpment. The teetering main rotor head was still attached to the transmission with multiple severed control rods attached to the transmission mounting structure.

The composite main rotor blades had separated just outboard of the main rotor grips and had impacted heavily with vegetation and delaminated. One of the main rotor blade tips was located about 150 m before the main wreckage on top of the ridgeline.

Figure 5: VH-ZMF accident site

Figure 5: VH-ZMF accident site

Source: Google Earth with ATSB RPAS picture overlay, annotated by the ATSB

Recorded data

Data collected from radar and aircraft-based sources indicated that VH-ZMF was travelling in a northerly direction at about 100 kt prior to crossing the Dargle Ridge Lookout. The data then showed a track deviation to the right and an increase in 100 ft of altitude coupled with rapid deceleration and an increased vertical descent rate prior to impact with terrain.  

Audio from RAAF Richmond air traffic control recorded that at 1143:37 the air traffic controller advised the pilot of VH-ZMF that they were 2 NM (3.7 km) from the airspace boundary and gave the pilot traffic of another media helicopter in the vicinity of Wisemans Ferry.

Figure 6: Richmond radar overlay

Figure 6: Richmond radar overlay

Source: Google Earth with Richmond radar overlay, annotated by the ATSB

At 1143:58, the pilot confirmed that the frequency change. Three seconds later static was heard on the radio which lasted for about 2 seconds with no discernible audio. Recorded radar images show VH-ZMF approaching the control boundary before appearing to slow remarkedly and descend at 1144:12 before disappearing from radar at 1144:45.

The aircraft was also fitted with an in-flight camera system; however this was consumed by fire, and it was reported that the pilot did not usually use the camera system.

Bird information

Recovered biological specimens, including the avian carcass and the biological residue found on external helicopter surfaces, were analysed by the Australian Centre for Wildlife Genomics, Airstrike section of the Australian Museum. The carcass and samples taken from the helicopter’s main transmission cowling were identified as Aquila audax, commonly known as a wedge-tailed eagle.

The Australian Museum identifies the wedge-tailed eagle as Australia’s largest bird of prey with a wingspan of up to 2.3 m, with females growing up to 5.3 kg.

Their habitat is defined as:

The Wedge-tailed Eagle is found from sea level to alpine regions in the mountains, but prefers wooded and forested land and open country, generally avoiding rainforest and coastal heaths. Eagles can be seen perched on trees or poles or soaring overhead to altitudes of up to 2000 m. Wedge-tailed Eagles build their nest in a prominent location with a good view of the surrounding countryside. It may be built in either alive or dead tree, but usually the tallest one in the territory.

The landowner and several local witnesses also described the long-term presence of an indigenous pair of wedgetail eagles known to inhabit the Dargle Ridge escarpment for a number of years, raising 1 or 2 chicks per breeding season and often seen soaring and hunting together over the ridges and valleys.

The landowner also reported seeing another large eagle in the vicinity of Dargle Ridge shortly after witnessing the accident.

Birdstrike Statistics

Over the 15 years between 2008 and 2022, 24,106 birdstrikes were reported to ATSB for all modes of aviation.

The ATSB research paper Australian aviation wildlife strike statistics identified that for the 10 years between 2008 and 2017 that there were 28 reported birdstrikes involving wedge-tail eagles for all aircraft, however there was only one of these that resulted in an aircraft being destroyed.

More recently, for the 5 years between 2018-2022, 212 birdstrikes reported to the ATSB involving helicopters. However, this accident was the only one involving a birdstrike on a helicopter.

Limitations of see-and-avoid

During VFR flight, effective lookout and visual scanning by pilots is used to see and avoid airborne hazards, from other aircraft to wildlife or weather events. However, there are significant limitations of the ‘see and avoid principle’.

These include the limitations of the human visual system itself, cockpit demands in operating the aircraft, and physical and/or environmental conditions which when combined, decrease the likelihood of effective see and avoid.

An ATSB research report Limitations of the See-and-Avoid Principle (Hobbs, 1991) highlights that:

Visual scanning involves moving the eyes in order to bring successive areas of the visual field onto the small area of sharp vision in the centre of the eye. The process is frequently unsystematic and may leave large areas of the field of view unsearched.

Avoidance of any airborne threat first requires identification by direct visual detection, and then must be identified as a collision risk, before the pilot then needs to decide what action to take. The pilot must then make the required control inputs and allow the aircraft to respond to avoid the object. The physiologically inherent limitations of the human visual and information processing system also increase the time taken to respond to a threat.

Tasks requiring pilot attention inside the cockpit also reduce a pilot’s capacity to visually identify and avoid an airborne threat.

Sun position

After the departure of VH-ZMF from the Cattai helipad, the aircraft tracked north at about 005° towards the St Albans property and climbed to about 700 ft AMSL. Calculation of the time of day and sun position relative to the aircraft’s altitude and track direction indicated that VH-ZMF was flying directly into the sun during the last 30 seconds of straight and level flight. Analysis also identified that due to the size and shape of the helicopter windscreen, that the sun was almost directly at the top of centre of the pilot’s field of view.

Direct glare from an unwanted light source can significantly reduce the identification of potential airborne hazards, an ATSB research report (Hobbs, 1991) stated that:

When the glare source is 5 degrees from the line of sight, visual effectiveness is reduced by 84 per cent (Hawkins, 1987). In general, older pilots will be more sensitive to glare.

The use of helmet visors, sunglasses or glare shields may lessen the severity of the impact of glare; however, it is still likely to significantly degrade visual effectiveness.

It was unable to be determined if the pilot was wearing sunglasses or using a sun visor to mitigate the glare from the sun position.

Helicopter rotor aerodynamics

Under normal flight conditions in two bladed, teetering head type helicopter rotor systems, the risk of the main rotor blades flexing to the point of contact with the tail boom is extremely low. However, the consequences of contact between the spinning rotor and the tail boom are potentially catastrophic. This may also lead to main rotor separation from the mast in-flight.

The amplitude of the blade flexing or flapping is increased by one or more of the following factors:

  • environmental conditions, such as gusts
  • sudden attitude changes and abrupt cyclic inputs
  • maximum speed sideways flight
  • unloading the main rotor disc with low to negative g[3] conditions.

In a low g situation (for an anticlockwise-rotating main rotor system), aerodynamic forces from the tail rotor often produce a right roll, which if countered with left cyclic further reduces the clearance between the main rotor and the tail boom. Under normal positive g in-flight conditions this would produce the desired effect of rolling the aircraft level. In the case of a low-g load flight manoeuvre this increases the risk of the main rotor hub contacting the main rotor mast, commonly referred to as mast bumping. At the point of mast bump, the main rotor blades can flex further, allowing the main rotor blade/s to contact the tail boom.

Mast bumping is described in many helicopter aerodynamic publications, additionally however Wagtendonk (Wagtendonk, 1996) states:

Airplane pilots who have recently transitioned to helicopters are at a higher risk for mast bumping accidents because reactions honed by years of airplane flying are not necessarily conducive to safe helicopter flying. For example, if the pilot must descend suddenly to avoid another object, say, a bird, helicopter technique is to rapidly lower collective. The airplane/helicopter pilot is prone to push the cyclic forward in the same situation. Lowering the nose of the helicopter into a dive, as he would an airplane. Such a push-over is the exact formula for mast bumping.

Safety analysis

This analysis will explore the circumstances pertaining to the in-flight break-up of VH-ZMF, the probability of an airborne birdstrike, its likely effect on the continued operation of the aircraft, and aircraft operation after the collision.

Sun position and visual effectiveness

The track of VH-ZMF on its way to St Albans placed the cockpit directly into the direction of the sun. It is likely that the position of the sun was almost directly at the top centre of the pilot’s field of vision, increasing the risk of glare from the sun and substantially reducing the pilot’s visual effectiveness.

As VH-ZMF approached the control boundary for Richmond airspace, a radio frequency change was required. The pilot needed to shift their vision and attention from outside of the cockpit to inside cockpit to change the frequency on the radio.

This task, combined with the sun glare likely reduced the chance that the pilot was able to visually identify the airborne threat and take appropriate avoiding action.

Birdstrike

Analysis of biological samples found on external surfaces of the helicopter and nearby the accident site, confirmed the airborne contact with a wedge-tailed eagle (Aquila audax). First responder film footage of the cockpit and fuselage impact site, prior to being consumed by fire, indicated a large external impact of biological matter on the front left nose cowl of VH-ZMF, indicating a likely initial impact point of the birdstrike.

It is almost certain that this initial impact location, approximate weight and speed of the bird would not have been of sufficient magnitude to significantly damage the helicopter and lead to a loss of controlled flight.

In-flight break-up

It was likely that the pilot was startled by seeing the large bird close to impacting or/and the actual birdstrike and attempted avoiding action during a period of reduced visual effectiveness. Witness recollection and analysis of recorded data identified that VH-ZMF began a pronounced climb and right roll before pitching forward.

Abrupt cyclic inputs and low to negative g rotor loading are a well-documented and accepted limitation of two-bladed teetering rotor head systems commonly used in light to medium helicopters. Analysis of the impact marks on the tail boom of VH-ZMF and the separation of rotor blade tips, indicate that the tail boom was impacted and severed by contact with its own main rotor blades. This led to further break-up of the aircraft in flight, such as the main rotor system and transmission due to severe rotational forces of a compromised and unbalanced main rotor assembly. Numerous witnesses observed and heard the impact of the main rotor blades on the tail boom and described the uncontrolled nature of the in-flight break-up.

Findings

ATSB investigation report findings focus on safety factors (that is, events and conditions that increase risk). Safety factors include ‘contributing factors’ and ‘other factors that increased risk’ (that is, factors that did not meet the definition of a contributing factor for this occurrence but were still considered important to include in the report for the purpose of increasing awareness and enhancing safety). In addition, ‘other findings’ may be included to provide important information about topics other than safety factors. 

These findings should not be read as apportioning blame or liability to any particular organisation or individual.

From the evidence available, the following findings are made with respect to the birdstrike and in-flight break-up involving a Bell 206L1 Long Ranger, registered VH-ZMF, near Maroota, NSW, on 9 July 2022

Contributing factors

  • Sun position and pilot workload at the control zone boundary likely resulted in the pilot not identifying a potential airborne collision risk.
  • While cruising at about 700 ft AMSL, the aircraft struck a wedgetail eagle just below the left windscreen.
  • The pilot was likely startled by the birdstrike resulting in an abrupt control input, which led to the main rotor blades contacting the tail boom and subsequent in-flight break-up.

Sources and submissions

Sources of information

The sources of information during the investigation included the:

  • aircraft co-owner
  • chief pilot of a helicopter operator
  • Civil Aviation Safety Authority
  • New South Wales Police Force
  • aircraft manufacturer
  • maintenance organisation for VH-ZMF
  • Airservices Australia
  • accident witnesses
  • Australian Defence Force
  • Australian Museum
  • OzRunways.

References

Hawkins, F. H. (1987). Human Factors in Flight. Gower: Aldershot.

Hobbs, A. (1991, 04 01). Limitations of See-and-Avoid Principle. Canberra: ATSB. Retrieved from www.atsb.gov.au: /sites/default/files/media/4050593/see_and_avoid_report_print.pdf

Wagtendonk, W. J. (1996). Principles of Helicopter Flight. Washington: Aviation Supplies & Academics, Inc.

Submissions

Under section 26 of the Transport Safety Investigation Act 2003, the ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate. That section allows a person receiving a draft report to make submissions to the ATSB about the draft report.

A draft of this report was provided to the following directly involved parties:

  • Civil Aviation Safety Authority
  • Bureau de la sécurité des transports du Canada
  • Australian Defence Force
  • Bell Helicopter.

Submissions were received from:

  • Civil Aviation Safety Authority
  • Bureau de la sécurité des transports du Canada
  • Bell Helicopter

The submissions were reviewed and, where considered appropriate, the text of the report was amended accordingly.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through:

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information 

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

© Commonwealth of Australia 2023

image_5.png

Ownership of intellectual property rights in this publication

Unless otherwise noted, copyright (and any other intellectual property rights, if any) in this report publication is owned by the Commonwealth of Australia.

Creative Commons licence

With the exception of the Coat of Arms, ATSB logo, and photos and graphics in which a third party holds copyright, this publication is licensed under a Creative Commons Attribution 3.0 Australia licence.

Creative Commons Attribution 3.0 Australia Licence is a standard form licence agreement that allows you to copy, distribute, transmit and adapt this publication provided that you attribute the work.

The ATSB’s preference is that you attribute this publication (and any material sourced from it) using the following wording: Source: Australian Transport Safety Bureau

Copyright in material obtained from other agencies, private individuals or organisations, belongs to those agencies, individuals or organisations. Where you wish to use their material, you will need to contact them directly.

[1]     A Supplemental Type Certificate authorises alteration to an aircraft, engine, or other item operating under an approved Type Certificate for the state of manufacture.

[2]     Visual flight rules (VFR): a set of regulations that permit a pilot to operate an aircraft only in weather conditions generally clear enough to allow the pilot to see where the aircraft is going.

[3] G load: the nominal value for acceleration. In flight, g load represents the combined effects of flight manoeuvring loads and turbulence and can have a positive or negative value.

Preliminary report

Report release date: 06/10/2022

This preliminary report details factual information established in the investigation’s early evidence collection phase and has been prepared to provide timely information to the industry and public. Preliminary reports contain no analysis or findings, which will be detailed in the investigation’s final report. The information contained in this preliminary report is released in accordance with section 25 of the Transport Safety Investigation Act 2003.

The occurrence

At about 1135 local time, on 9 July 2022, a Bell 206L1 Long Ranger, registered VH‑ZMF, departed a private helipad at Cattai, New South Wales, for a private flight to a property at St Albans, New South Wales (Figure 1). The pilot was the sole occupant on board.

The pilot departed the private helipad with clearance from air traffic control and tracked to the north towards St Albans, climbing to about 700 ft above mean sea level (AMSL).

A witness to the south of Dargle Ridge observed a helicopter moments before the accident. They recalled it flying straight and level towards the north, and that weather conditions were good, with clear skies and light winds.

Figure 1: VH-ZMF departure and track

ao-2022-034-prelim-figure-1.png

Source: Google Earth, with OzRunways data, annotated by the ATSB

After crossing the Dargle Ridge lookout, several witnesses described seeing VH-ZMF enter into a rapid banking turn to the right while pitching up. They heard several rotor beats change tone before a final louder noise.

Witnesses then recalled the helicopter pitching and rolling while descending, with one witness describing separation of the main rotor blades from the helicopter at about the height of Dargle Ridge shortly before impact. A short time later, smoke was observed rising from the area where the helicopter descended. The helicopter was destroyed by a post-impact fire, and the pilot was fatally injured.

Context

Site and wreckage examination

The main accident site, including the engine, main cabin and fuselage, was located in relatively flat and open farmland, between 2 ridgelines (Figure 2). The tail rotor assembly, vertical stabiliser and a section of the tail boom were found about 93 m to the north, also in open farmland. The main rotor system, including the transmission cowling, gearbox and main rotor blades, was located about 68 m to the west in a heavily-wooded, sloping escarpment.

Figure 2: VH-ZMF accident site

ao-2022-034-prelim-figure-2.png

Source: Google Earth with ATSB RPAS picture overlay, annotated by the ATSB

The ATSB conducted an examination of the accident site and wreckage, and identified that:

  • ground impact marks indicated that the main aircraft fuselage had impacted terrain in a nose-down attitude
  • the vertical stabiliser, aft section of the tail boom, tail rotor and tail rotor gearbox, were severed in flight and found separate to the main wreckage
  • the main rotor blades, main transmission and cowling had separated in flight and were found separate to the main wreckage
  • no pre-accident defects were identified with flight controls, aircraft structure or engine
  • a post-impact fire consumed the cockpit and main wreckage site
  • the remnants of a quantity of unburnt Jet A1 fuel had sprayed from the fuel tank on impact at the main site and leaked into the soil.

Several items were recovered from the site for further examination, including:

  • an unidentified avian (bird) carcass
  • a main rotor blade tip component and section of impacted tail boom
  • samples of biological residue found on external helicopter surfaces.

Recorded data

Data collected from radar and aircraft-based sources indicated that VH-ZMF was travelling in a northerly direction at about 100 kt prior to crossing the Dargle Ridge Lookout. The data then showed a track deviation to the right and an increase in 100 ft of altitude coupled with rapid deceleration and an increased vertical descent rate prior to impact with terrain.   

Other information

Recovered biological specimens, including the avian carcass and the biological residue found on external helicopter surfaces, were analysed by the Australian Centre for Wildlife Genomics, Airstrike section of the Australian Museum. The carcass and samples taken from the helicopter’s main transmission cowling were identified as Aquila audax (commonly known as a wedge-tailed eagle).

Further investigation

To date, the ATSB has finalised its on-site evidence collection, interviewed witnesses and collected aircraft parts and biological specimens from site.

The investigation is continuing and will include:

  • analysis of recorded flight data
  • review of aircraft and maintenance documentation
  • review of pilot qualifications and experience
  • review of the Australian Museum report on collected biological samples
  • examination and analysis of the main rotor blade tip and tail boom impact point.

Should a critical safety issue be identified during the course of the investigation, the ATSB will immediately notify relevant parties so appropriate and timely safety action can be taken.

A final report will be released at the conclusion of the investigation.

Acknowledgements

ATSB would like to acknowledge the assistance of the Australian Museum during the on-site and evidence gathering phases of the investigation.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through:

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information 

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

© Commonwealth of Australia 2022

image_5.png

Ownership of intellectual property rights in this publication

Unless otherwise noted, copyright (and any other intellectual property rights, if any) in this report publication is owned by the Commonwealth of Australia.

Creative Commons licence

With the exception of the Coat of Arms, ATSB logo, and photos and graphics in which a third party holds copyright, this publication is licensed under a Creative Commons Attribution 3.0 Australia licence.

Creative Commons Attribution 3.0 Australia Licence is a standard form licence agreement that allows you to copy, distribute, transmit and adapt this publication provided that you attribute the work.

The ATSB’s preference is that you attribute this publication (and any material sourced from it) using the following wording: Source: Australian Transport Safety Bureau

Copyright in material obtained from other agencies, private individuals or organisations, belongs to those agencies, individuals or organisations. Where you wish to use their material, you will need to contact them directly.

Occurrence summary

Investigation number AO-2022-034
Occurrence date 09/07/2022
Location Near Maroota
State New South Wales
Report release date 12/05/2023
Report status Final
Investigation level Short
Investigation type Occurrence Investigation
Investigation status Completed
Mode of transport Aviation
Aviation occurrence category Birdstrike
Occurrence class Accident
Highest injury level Fatal

Aircraft details

Manufacturer Bell Helicopter Co
Model 206L-1
Registration VH-ZMF
Serial number 45285
Sector Helicopter
Operation type Part 91 General operating and flight rules
Departure point Cattai, New South Wales
Destination Upper MacDonald, New South Wales
Damage Destroyed

Propulsion failure and near stranding of Portland Bay, on the coast 22 km south of Port Botany (Sydney), New South Wales, on 4 July 2022

Final report

Report release date: 15/05/2025

Investigation summary

What happened

Portland Bay sailed from Port Kembla, New South Wales, on 3 July 2022 as bad weather was impacting its stay in port. It was expected to return when the weather improved. The ship then steamed and intermittently drifted about 12 nautical miles (miles) from the coastline.

In the early hours of 4 July, the main engine developed mechanical problems, which disabled the ship 12 miles from the lee shore. A couple of hours later, after unsuccessful attempts to resolve the engine problems, the ship’s master asked Australian authorities for tug assistance. About 2 hours later, a harbour tug from Sydney was en route but the ship had closed to one mile from the shore. The master made emergency use of both anchors to prevent stranding on the rocky shore about 12 miles south of Port Botany (Sydney) about one hour before the tug arrived to assist.

In the afternoon, 2 more harbour tugs arrived on scene and later began towing the ship away from the coast. A couple of hours later in the evening, one of the tugs’ towlines parted in the rough sea conditions. The ship then drifted towards the shore and the master again anchored about one mile from the shore off Bate Bay near Sydney. Later that night, the state’s nominated emergency towage vessel (ETV) deployed from Newcastle.

The ETV arrived on scene after midday on 5 July and connected a towline in preparation to tow the ship into Sydney. On the morning on 6 July, the ETV (with harbour tugs assisting) towed the ship into Port Botany, where it was berthed in the afternoon for refuge and subsequent repairs.

What the ATSB found

The ATSB investigation found that the ship had remained near the coast instead of safely clearing it in accordance with its safety management system (SMS) procedures. Operating its main engine at low speed while rolling and pitching heavily resulted in engine load fluctuating with turbocharger surge and non‑return flap hammering and distortion. Performance was further degraded by a leaky fuel injector, poor combustion and excessive cylinder lubrication resulting in sludge and deposits. When one of the 2 auxiliary blowers failed in the early hours of 4 July, air for fuel combustion significantly reduced and engine speed was limited to the minimum, effectively disabling the ship in bad weather.

The investigation also identified that when the master reported the situation to the ship’s managers, Pacific Basin Shipping, it provided advice on engineering matters but not about notifying authorities as per the SMS procedures. This probably led the master to delay reporting to Port Kembla vessel traffic service (VTS) operated by the Port Authority of New South Wales (Port Authority). This delay was compounded when VTS did not promptly forward the master’s report to the Australian Maritime Safety Authority (AMSA). The various delays resulted in delaying the tug assistance requested and the master had to deploy both anchors to prevent stranding.

In addition, the investigation identified several safety issues associated with the emergency response. Specifically, AMSA procedures to comply with the National Plan for Maritime Environmental Emergencies (National Plan) were not effectively implemented. Similarly, the Port Authority’s procedures to comply with the NSW Coastal Waters Marine Pollution Plan (NSW Plan) and its Port Safety Operating License (PSOL) were not effectively implemented. Further, the coordination of critical elements of the emergency response, including emergency towage, salvage and refuge, between the Port Authority, Transport for NSW (NSW Maritime) and AMSA with their respective roles and responsibilities was inadequate and inconsistent with National Plan principles. These safety issues prolonged the emergency and the exposure to stranding, with potentially severe consequences.

The ATSB also found that the AMSA process to issue directions was inefficient and resulted in excessive time to issue directions to enable Portland Bay to enter Port Botany for shelter. While this delay did not further prolong the emergency, such delays increase risk in time‑critical situations. The investigation also found that United Salvage, the salvor, was severely limited in its ability to provide the salvage services required as it did not own or operate any towage vessels so was reliant on towage providers. This limitation was not made clearly known to the ship’s master, owners or managers or the involved agencies to allow them to properly assess whether the most suitable towage vessels, including the ETV, had also been promptly deployed.

A key finding was that the ship’s anchors prevented a catastrophic stranding on the rocky shore in heavy weather, noting that they were not designed for such use but can be used as a last resort in emergencies.

What has been done as a result

Pacific Basin Shipping has revised its SMS crisis management procedures to include at least one exercise each year outside of office hours and conducted 2 such drills since the incident. A fleet‑wide circular emphasising the importance of early reporting to authorities to shipboard staff and office‑based teams was disseminated. In addition, the company produced a case study training video for seafarer training and office‑based teams to enhance emergency response as per its procedures with an emphasis on early reporting to authorities. The ATSB has assessed the safety action as having adequately addressed the safety issue regarding the late reporting of the incident.

While AMSA only partially agreed with the safety issue about response coordination and did not agree with the 3 other safety issues addressed to it, a range of relevant safety action has been taken. This included a review of its procedures, fortnightly incident escalation exercises, review of emergency towage capability, review of emergency coordination arrangements, increased resourcing (staff) and training and a comprehensive review of the National Plan. The ATSB welcomes this action but has recommended that AMSA takes further necessary action to adequately address all 4 safety issues.

The Port Authority advised that as the incident did not involve a spill (pollution), its role as the state’s combat agency was not ‘enlivened’. It added that AMSA and NSW Maritime had roles and responsibilities for this incident. The Port Authority did not advise of any safety action, hence the ATSB has recommended that it take action to address both safety issues addressed to it.

Transport for NSW (NSW Maritime) advised that it had taken action to improve response coordination with the Port Authority, which included discussions and joint exercises. However, given the Port Authority’s response and lack of safety action, the ATSB considers it important that NSW Maritime takes safety action to adequately address the safety issue concerning response coordination and has issued a recommendation accordingly.

Finally, the ATSB has recommended that United Salvage takes action to address the safety issue with respect to clearly informing the master, owners or managers of the ship to be salved of the salvor’s capabilities and limitations in performing the salvage services required.

Although no safety issue was addressed to Svitzer Australia, it has upgraded the towing equipment of its Sydney‑based harbour tug that assisted with the response.

Safety message

Portland Bay’s near stranding provides invaluable lessons on managing emergencies to avoid severe consequences. Optimal emergency management relies on taking a series of appropriate actions in a timely manner, which often determine the degree of success of the response. Failure is usually associated with actions that are ‘too little, too late’. Australia’s National Plan reiterates the principle of over‑escalation in an initial response as it is more effective to scale down than up.

Effective emergency response plans and procedures do not leave outcomes to good fortune, which on rare occasions have contributed to a positive outcome. The National Plan principles and arrangements provided the best available options to manage risks along Australia’s extensive and pristine coastline, which also has inherently limited emergency response resources.

Summary video

 

The occurrence

Overview

On 3 July 2022, adverse weather that was forecast to further deteriorate had made it unsafe for the bulk carrier Portland Bay (cover) to remain berthed in Port Kembla, New South Wales (Figure 1). Consequently, the decision was made for the ship to leave the port and remain at sea until the weather improved sufficiently to allow a safe return.

Figure 1: Portland Bay’s movements from 3 to 6 July 2022

Figure 1: Portland Bay’s movements from 3 to 6 July 2022

Source: Australian Hydrographic Office and Portland Bay’s recorded voyage data, annotated by the ATSB

Portland Bay departed the port in the afternoon and steamed on an east‑north‑easterly course until that evening when it was about 12 nautical miles (miles) from the coastline where its main engine was stopped. The ship drifted towards the coast in the south‑easterly winds and seas and the engine was used intermittently that evening and night to avoid getting closer to the coast.

Shortly before 0500 local time on 4 July, the main engine developed mechanical problems, which limited the engine speed to dead slow ahead (the minimum). The problems could not be resolved, resulting in Portland Bay being effectively disabled about 12 miles from a lee shore. In the prevailing conditions, the ship began drifting at a rate of 2‍–‍3 knots[1] towards the coast.

Two hours later, at 0657, after attempts to resolve the engine problems were unsuccessful, the ship’s master notified Port Kembla vessel traffic service that the ship’s main engine had failed and requested tug assistance. At 0848, a harbour tug from Sydney[2] left the port for the ship’s location, which was then about 1.5 miles from the coastline about 22 km south of Sydney.

At 0905, when about one mile from the shore, the master deployed the ship’s anchors to prevent stranding on the rocky coastline of Royal National Park (Figure 1, Anchor position 1). Subsequently, unsuccessful attempts were made to evacuate the crew by helicopter.

At 1010, the tug arrived off the ship and, about 4 hours later, 2 other Sydney harbour tugs arrived. By late afternoon, these 2 tugs began towing the ship away from the coast. However, a couple of hours later, one of the tugs parted its towline and the ship again began drifting towards the shore.

At 2035, the ship was anchored about one mile from the shore to prevent stranding in Bate Bay near Sydney (Figure 1, Anchor position 2). Both tugs, one with its towline connected, remained with the ship. Later that night, the nominated emergency towage vessel (ETV) for New South Wales was deployed from Newcastle (about 90 miles north of Bate Bay) to tow the ship to safety.

On 5 July, at about 1300, the ETV arrived off Bate Bay and later connected a towline while plans to tow the ship into Sydney (Port Botany) in daylight on the following day were finalised. The harbour tug with a towline connected remained with the ship.

On 6 July, at about 1100, the ETV and 2 harbour tugs began towing Portland Bay to shelter in Port Botany (Figure 2). By late afternoon, the ship had been safely berthed in the port. Over the following week, the main engine was repaired to make the ship seaworthy.

Figure 2: Portland Bay under tow on 6 July

Figure 2: Portland Bay under tow on 6 July

Source: Port Authority of New South Wales

The following sections outline key events preceding the incident and greater detail of the numerous events that occurred over the course of the incident between 4 and 6 July.

The incident

Background

Portland Bay arrived and anchored off Port Kembla on 19 June 2022, following a voyage from Susaki, Japan, loaded with a cargo of cement. On 21 June, the ship was conducted by a harbour pilot into the port’s inner harbour and, at 1724 local time, secured at berth number 104.

Cargo unloading began that evening, and 8 new crew members, including the relieving master and chief engineer, joined the ship. On 22 June, another 5 relieving crew members joined the ship. The new chief engineer intended to complete several items of main engine maintenance, including a few that had been pending for some time, during the ship’s stay in port.

While unloading cargo between 22 and 26 June, the master obtained permission from the Port Kembla harbour master to immobilise the main engine, from time to time, allowing the engineers to clean the charge air cooler, lubricating oil (LO) cooler and LO filters. When unloading was completed in the evening on 26 June, some maintenance items remained.

On 27 June, Portland Bay departed for sea to clean its cargo holds for the next cargo. The crew was to clean accessible areas of the cargo holds before berthing in Port Kembla on 2 July, where shore labour would clean the upper parts of the holds. The ship anchored or drifted off the port while the holds were cleaned.

On 1 July, the ship’s agent in Port Kembla, Monson Agencies Australia (Monson), advised Pacific Basin Shipping (Pacific Basin), the ship’s Hong Kong‑based management company, of likely disruptions to hold cleaning due to heavy rain and a large north‑easterly swell forecast for 3 and 4 July. Monson advised that the ship might be required to leave port to avoid damage to the berth and ship due to the heavy swell. Pacific Basin decided to continue with the scheduled berthing.

At 0154 on 2 July, Portland Bay was secured starboard side alongside berth number 202 in the outer harbour (Figure 3). At 0410, the Bureau of Meteorology (BoM) issued a forecast for gale force winds up to 35 knots and an easterly swell of 3 to 4 m for the seas off the port on 3 July. At 0500, entries in the ship’s logbook indicated easterly winds at ‘force’[3] 3 (7‍–‍10 knots).

Figure 3: Location of berth 202 (wind and swell direction at 1100 on 3 July)

Figure 3: Location of berth 202 (wind and swell direction at 1100 on 3 July)

Source: Australian Hydrographic Office, annotated by the ATSB

As forecast, the weather continued worsening and, at 1600, southerly winds at force 6 (22‍–‍27 knots) were recorded in the logbook. At 2243, Monson advised the master via email that Port Kembla vessel traffic service (VTS) [4] had issued additional harbour master’s instructions due to worsening weather. They included running additional mooring lines and lowering the outboard anchor to the seabed. In addition, VTS advised that the anchorage was closed and ships drifting off the port were to keep ‘at a safe distance (around 12 miles)’. The anchorage and VTS area were shown on navigational charts.

The charted limits of the VTS area showed its eastern limit lay along longitude 151°04.5’ E and extended south from Garie Beach (about 19 miles north of the port entrance) to a southern limit along latitude 34°30.4’ S, which passed through Perkins Beach south of the port (Figure 1). The line of the eastern limit line passed 8.5 miles east of the port entrance and nautical publications described the ‘VTS area, VTS limit/reporting line or VTS area reporting line’ and detailed requirements to report to VTS when passing a reporting line.[5]

On the morning of 3 July, Portland Bay began to be affected by the swell at its berth in the outer harbour. At 1027, the terminal manager contacted VTS and requested that the duty pilot assess whether it was safe for the ship to remain at the berth in the worsening weather and swell. At 1035, the master requested and received permission from VTS to lower the port anchor to the seabed.

At about 1050, after a risk assessment by the duty pilot and the harbour master, VTS asked the master to prepare to depart the port to avoid damage to the wharf and ship due to its movement in the swell. The master agreed with the assessment and began preparing for departure. The pre‑departure checks included testing the main engine (ahead and astern propulsion) and steering gear. A south‑easterly wind at force 6 (22‍–‍27 knots) was recorded in the logbook at the time. 

At 1235, a harbour pilot boarded Portland Bay, conducted a master‑pilot information exchange and confirmed pre‑departure checks had been completed. The ship had maximum water ballast on board, forward and aft draughts of 4.11 m and 5.30 m, respectively (the propeller was fully immersed at an aft draught of 5.1 m) and a displacement of approximately 15,500 tonnes.[6]

At 1300, all was in readiness to depart and, at 1312, the ship was manoeuvred clear of the berth with 2 tugs assisting. By 1334, the ship had cleared the port’s entrance and the pilot disembarked.

Propulsion failure

After disembarking the pilot, Portland Bay’s master set an east‑north‑easterly course with the main engine at manoeuvring full ahead speed (90 rpm). In the prevailing heavy weather, the engine remained on standby with the engine room manned (the ship was equipped to operate with unattended machinery spaces – UMS). The mates were on usual bridge watches and the master attended periodically. The ship experienced moderate to heavy rolling and pitching and the master recalled having difficulty maintaining a steady course and achieving a speed[7] of 2‍–‍3 knots.

At 1800 on 3 July, when the ship was 14 miles east‑north‑east of Port Kembla, the master stopped the main engine and the ship began drifting about 12 miles off the coastline. A south‑easterly wind at force 7 to 8 was recorded in the logbook. The ship was rolling and pitching heavily at times and was drifting in a westerly direction towards the coast at about 3 knots.

At 1937, when the ship was about 8 miles off the coast, the engine was restarted and speed gradually increased to manoeuvring full ahead to again steam on an east‑north‑east course. At midnight, east‑south‑easterly winds at force 7 (28‍–‍33 knots or near gale force) were recorded in the logbook. The third mate handed over the navigational watch to the second mate, conducted routine fire and safety rounds[8] and reported nothing untoward.

At 0200 on 4 July, when the ship was 15 miles from the coast (24 miles east‑north‑east of Port Kembla), the engine was stopped. The south‑easterly wind had moderated to force 5 (17‍–‍21 knots) but the heavy swell from the gale force winds earlier persisted. At 0330, the ship surged[9] and rolled heavily. Soon after, the second mate put the engine dead slow ahead (42 rpm), the minimum speed. The master came up to the bridge and, at 0337, the engine order was increased to half ahead (80 rpm). At 0344, the master ordered full ahead and a heading[10] of 110° to steam away from the coast (which at that stage was about 10 miles off) before returning to his cabin.

At 0400, when the second mate handed over the watch to the chief mate, a south‑easterly wind at force 6 to 7 was recorded in the logbook. The second mate then completed fire and safety rounds and recorded nothing unusual. During those early hours of the morning, the BoM wave rider buoy off Sydney recorded waves with a ‘significant wave height’ of 5.04 m and a ‘maximum wave height’ of 8.44 m from the east‑south‑east.[11]

At 0450, when Portland Bay was about 12 miles from the coast, an alarm on the bridge fire alarm panel alerted the chief mate to 2 fire detectors in the lower, starboard side of the engine room that had been activated (Figure 4).

Figure 4: Time and location of key events during the incident

Figure 4: Time and location of key events during the incident

Source: Australian Hydrographic Office and Portland Bay’s recorded voyage data, annotated by the ATSB

The second engineer, on watch in the engine control room, and the chief engineer (also in the control room) investigated and found smoke and a burning smell coming from main engine auxiliary blower number 2 (see the section titled Auxiliary blower number 2 under Propulsion). At about 0451, the second engineer returned to the control room, stopped the blower and called the bridge for engine speed to be reduced. The chief mate reduced speed and called the master. At 0453, when the master arrived on the bridge, the speed order was slow ahead (58 rpm).

By 0507, the engine speed had been reduced to dead slow ahead. On the ship’s south‑westerly heading, the wind was on the port beam and pushing it towards the coast. At 0513, the master ordered slow ahead but engine speed remained about 42 rpm (dead slow ahead). The master then ordered a course change to an easterly heading and pointed out to the chief mate that the ship was 3 or 4 hours away from (drifting onto) the coast about 11 miles off.

Ship disabled

At 0519 on 4 July, the master asked the chief mate to get an update from the engine room and was advised that the chief engineer was coming up to the bridge. When the chief engineer arrived at 0522, the master stated that they had one hour to make repairs otherwise tugs would need to be called. The chief engineer advised that the blower could not be repaired in one hour and gave reasons for that assessment. When the master asked if the engine could be run at full ahead, the chief engineer advised that it was not possible due to the active engine alarms and limits.

At 0523, the master asked the chief engineer to call Portland Bay’s dedicated manager (in Pacific Basin’s office) and explain that it was ‘really dangerous’ if the speed could not be increased as the ship was drifting towards the coast (less than 11 miles off) at 3.5 knots. Subsequent attempts to call the ship’s manager via satellite telephone were unsuccessful as the manager was travelling.

At 0533, the chief engineer instead called Pacific Basin’s marine and safety manager (marine manager) and explained the situation. Meanwhile, to help turn the ship on to an easterly heading, the master had unsuccessfully tried increasing engine speed. At 0539, the master (who had joined the call to respond to the marine manager’s questions) advised that it was not possible to steam 50 miles away from the coast as engine speed was limited to dead slow ahead.

Soon after, at 0541, the marine manager called the fleet manager and explained the ship’s situation. Two minutes later, the fleet manager called the ship and suggested that the chief engineer override the engine torque limiter and active alarms to increase speed. While the chief engineer went to the engine room to do so, the master tried turning the ship to an easterly heading away from the coast, now less than 10 miles off. The master voiced concerns to the chief mate a few times about the rate at which the ship was closing the coast.

At 0555, after unsuccessful attempts to increase engine speed, the master asked the chief engineer to come to the bridge and call the fleet manager. From about 0600, the chief engineer discussed options with the fleet manager. When the call ended at 0606, the master told the chief engineer and chief mate that if speed could not be increased and no one helped, they would be on the ‘rock’ in the next hour.

Meanwhile ashore, at about 0615, the marine manager had called Pacific Basin’s designated person ashore (DPA)[12] and provided an appraisal of the ship’s situation.

At 0624, after the engine stopped and could not be restarted, the master ordered ‘not under command’ (NUC)[13] signals be displayed and the disabled ship’s status on the ‘automatic identification system’ (AIS)[14] be set to NUC.

At 0627, the chief engineer updated the fleet manager and was asked to start the engine from the local emergency controls (adjacent to the engine) and increase rpm until the turbocharger became effective (see the section titled Engine combustion air system under Propulsion). At 0631, the master, having asked the chief engineer how long it would take to try the local controls, agreed to trying to start the engine. The master also noted that there was little available time remaining to obtain tug assistance.

At 0634, when the chief engineer started the engine from the local controls, the rpm would not increase beyond about 42 rpm (dead slow ahead). At 0640, the master took the fleet manager’s call and advised that the engine speed had not increased beyond 27 rpm. They discussed the situation for 6 minutes before the master concluded the call, advising that the chief engineer would provide an update shortly. The master then asked the chief mate to check the ship’s emergency procedures for contacts in the Sydney area.

At 0650, the master called the fleet manager and discussed requesting assistance from local authorities. The chief engineer also arrived on the bridge, provided the fleet manager an update and was asked to again try increasing speed to full ahead from the local controls.

At 0655, after the chief engineer’s attempts to increase speed had again been unsuccessful, the master instructed the chief mate to call ‘Marine Rescue Sydney’. At that time, the disabled ship was less than 7 miles from the coast.

Meanwhile, at 0656, Pacific Basin’s management team established a virtual communications group to manage the emergency. The group comprised the marine and safety manager, fleet manager, fleet director and DPA (references to Pacific Basin hereafter mean this group or the company in general).

Tugs called

At 0656 on 4 July, the chief mate called ‘Marine Rescue Sydney’ on very high frequency (VHF) radio channel 16 but received no response. At 0657, the chief mate called Port Kembla VTS and advised that Portland Bay's main engine had failed, that it was drifting towards the coast and required tug assistance. Port Kembla VTS suggested anchoring the ship, which the master ruled out due to the deep water in the ship’s location (see the section titled Bridge procedures under Safety management system).

At 0659, Port Kembla VTS informed the ships’ agent in Port Kembla, Monson, that the ship’s master had asked for tug assistance. The VTS then notified personnel within the Port Authority of New South Wales (Port Authority) of the ship’s situation.

Meanwhile, the master and chief mate discussed whether ‘RCC’[15] should be contacted as no response had been received from ‘Marine Rescue Sydney’. Instead, at 0703, the chief mate called ‘Marine Rescue Port Kembla’ (Marine Rescue) and was advised that relevant authorities would be notified of the situation and to await an update. The ship was about 6 miles from the coast and drifting towards the 3‑mile limit of New South Wales coastal waters (see the section titled Legislation and plans under State level).

While awaiting an update from Marine Rescue,[16] the master and chief mate discussed whether to broadcast an urgency (PAN)[17] or a distress (MAYDAY)[18] message. At 0709, the chief mate informed Marine Rescue that the ship was 1.5 hours away from the ‘shore’ and was advised that Marine Area Command (MAC)[19] and Sydney Water Police had been notified. Marine Rescue also suggested broadcasting a PAN message. Noting this advice, the master told the chief mate that, at the ship’s drift rate of more than 4 knots, it would ground in 1.5 hours.

Ongoing communications with Pacific Basin had continued intermittently and, at 0714, the master advised that the ship was 2 hours from the coast and Australian authorities had been requested to provide tug assistance. At 0716, the chief mate broadcast a PAN message requesting assistance on VHF channel 16, which Marine Rescue acknowledged. At that time, the ship was 5.8 miles from the coast (about 11 miles south of Port Botany).

At about this time, the responsible NSW Maritime manager[20] called the joint rescue coordination centre (JRCC) operated by the Australian Maritime Safety Authority (AMSA)[21], after being earlier alerted by an officer in NSW Maritime’s Port Kembla office who had been advised by Marine Rescue that Portland Bay was drifting off the coast. The manager reported that JRCC ‘was not aware of the incident’.

At 0719, Pacific Basin asked the master to prepare for emergency anchoring while waiting for tug assistance. At the same time, Sydney VTS (which had heard Portland Bay's PAN broadcast) started monitoring the ship’s movement on its electronic displays.

A few minutes later, at 0725, Sydney VTS requested Svitzer Australia (Svitzer), the port’s main towage provider, for ‘emergency tug’ availability (see the section titled Towage licence system under State level). Sydney VTS then asked Port Kembla VTS which emergency services had been notified or activated.

Meanwhile on board, at 0727, the master ordered the second and third mates to report to the bridge wearing working clothes and safety boots. A minute later, when Marine Rescue asked for the ship to be anchored, the master once again advised that anchoring was not possible in the deep water. The master asked if a tug could reach the ship in one hour and was advised that an estimated time of arrival (ETA) would be provided when available.

Sydney VTS followed up Svitzer for an available tug at 0731, and again at 0739, but no tug response time was provided. At 0740, Sydney VTS contacted the port’s other towage provider, Engage Towage, and was advised that a tug would be immediately prepared to deploy.

Meanwhile on board, communications with Pacific Basin had continued with the chief engineer advising that the damaged blower could only be repaired when the engine was not required and not operating. The master advised that preparations were being made for anchoring when water depths permitted. At 0741, the master sounded the ship’s general alarm and instructed the crew to standby inside the accommodation with their lifejackets.

At 0744, Port Kembla VTS called JRCC to report that Portland Bay was drifting towards the coast and ‘could ground in 1.5 hours’. The ship was about 5 miles off the coast in Commonwealth waters and moving rapidly towards New South Wales coastal waters. Immediately afterwards, at 0745, Sydney VTS called JRCC, discussed ‘emergency tug’ activation and advised that Engage Towage was preparing a harbour tug.

On board, at 0746, the master ordered that the boatswain (a senior deck crewmember) go forward along the starboard side (the lee side) and remove the anchors’ lashings. At 0749, another PAN message was broadcast advising that the ship would ground in one hour (the low engine speed allowed little control of the ship’s heading and drift rate). Marine Rescue advised the master that assistance was being arranged and, at 0751, Sydney VTS asked the master to confirm that ‘emergency tug assistance’ was required. Soon after, Svitzer instructed the master of its tug, Bullara, in Port Jackson (Sydney) to prepare to deploy.

At 0752, after Sydney Water Police advised JRCC that 2 water police vessels from Port Botany and Port Kembla were deploying, AMSA took over search and rescue (SAR) coordination for the incident. Soon after, AMSA began identifying air and surface assets to evacuate the crew in case the ship stranded on the rocky coastline. At 0754, AMSA tasked the first asset, a Challenger aeroplane from Essendon Airport, Victoria.

At 0756, Pacific Basin emailed Monson advising that the ship was 1.5 hours away from the shore and asked for an update on tug arrangements. At 0757, Sydney VTS followed up AMSA for the ‘emergency tug’ and was advised that the nominated emergency towage vessel (ETV) for New South Wales (Svitzer Glenrock) was in Newcastle (see the section titled Svitzer Glenrock under Svitzer Australia). Sydney VTS then advised that it would be deploying any available tug(s) in Sydney.

At about 0758, Pacific Basin advised the master that the agent, Monson, was arranging a tug and suggested anchoring when the ship drifted into 45 m depths (expected to be in one hour). At 0800, the master instructed the chief mate to collect important ship certificates and documents and place them in the starboard lifeboat as it was too late for a tug to reach the ship in time.

At about 0800, Engage Towage contacted United Salvage, a salvage services provider, to advise that the disabled ship was drifting towards the shore and it was unlikely a tug could reach the ship before it grounded. As part of an existing agreement between the 2 companies, they decided to mobilise SL Diamantina, an Engage Towage tug in Port Botany with a crew on board. Its most suitable tug, SL Martinique, was not mobilised at that time as it was not crewed (see the section titled Engage Towage).

At 0803, the NSW Maritime manager called JRCC again and was advised that it was ‘trying to organise tugs to assist as soon as possible’.

Meanwhile, Bullara’s crew had boarded at about 0800 and begun preparing to deploy. At 0804, Monson emailed the master (copying AMSA) and advised that a tug was being arranged (Monson had earlier asked Svitzer to provide a tug). A short time later, United Salvage asked Svitzer for Bullara and was advised that it was being prepared for hire by the ship’s owners.

At 0807, Marine Rescue advised the master that a water police vessel was en route and confirmed that the crew had mustered with lifejackets. Between 0800 and 0810, AMSA had contacted the NSW Police, NSW Helicopter Rescue Services, NSW Ambulance Services and the Australian Defence Force (ADF) to request air and surface craft to evacuate the ship’s crew (based on information that a tug could not reach the ship before it drifted on to the shore).

At about this time, the NSW Maritime manager called the Port Authority’s chief operating officer to discuss the information which the manager had obtained from JRCC and the response by New South Wales. They exchanged information, noting that the ship would soon be within New South Wales coastal waters and agreed to convene a meeting of relevant agencies to understand each other’s roles and responsibilities for the response.

Meanwhile, at 0811, the master advised Pacific Basin that a police vessel rather than a tug, was en route to the ship. The master then discussed the anchoring plan with the mates, advising them that when depths reduced to 80 m, 3 shackles[22] of the port anchor cable would be ‘walked back’[23] (veered) and when the depths were 50 m, the anchor would be ‘let go’[24]. The master noted to them that the PAN message suggested by Marine Rescue had not resulted in tug assistance being provided and ordered a distress message (MAYDAY) to be broadcast.

At 0814, the second mate transmitted distress alerts and messages on the ship’s global maritime distress and safety system (GMDSS) equipment. The distress messages were received by AMSA and other stations within one minute. By then, the ship had closed to 3.2 miles off the coastline.

At 0815, Engage Towage advised Sydney VTS that its tug, SL Diamantina, would depart its berth in about 15 minutes (the tug master had advised Engage Towage that its aft towing winch was not operational). Two minutes later, Monson sent an urgent email to the master (copying AMSA) to advise that a tug was being mobilised and Marine Rescue vessels were en route.

At 0822, the master updated Pacific Basin, noting the rocky seabed indicated on the chart in depths of 50 m and advised the intention to anchor in 40 m depths instead. At that time, the ship was 3 miles from the coast and entering New South Wales coastal waters.

In addition to communicating with Monson, Pacific Basin had contacted the ship’s hull and machinery insurance underwriter to seek any immediately available tugs through international salvage companies.

At 0825, Marine Rescue advised the master to expect rescue helicopters in 45 minutes and confirmed that the evacuating crew would assemble on the starboard side of the deck near cargo hold number 5. By 0828, AMSA had tasked 3 rescue helicopters (2 from NSW Ambulance Services and one from Westpac Lifesaver Rescue).

On board, by 0831, the chief mate and crew were on the forecastle and, at 0836, walked back one shackle of both anchor cables. A couple of minutes later, the master advised Pacific Basin that veering further cable with the ship rolling 35° risked fouling (entangling) the 2 chains.

At 0840, AMSA established an incident management team (IMT) for a severity level 3 incident (moderate) as per its internal procedures (see the section titled Maritime Assistance Services procedures under National level). The AMSA Response Centre (ARC)[25] duty manager assumed the incident controller role in this IMT (incident coordinator)[26]. Six minutes later, AMSA formally requested the ADF for assistance indicating that the ‘primary mission is rescue of crew’ because the ship could ground at 0930 on the cliffs south of Wattamolla (Figure 4 and Figure 5). Meanwhile, NSW Police had tasked another helicopter operated by the Rural Fire Service (RFS) to assist with evacuating the ship’s crew.

On board the ship, after further discussion with Pacific Basin, at 0843, the master ordered 2 shackles walked back on both anchor cables. Shortly after, Marine Rescue asked the master to prepare the ship’s towing equipment forward and, if possible, aft.

By 0846, Svitzer had agreed to provide Bullara to Pacific Basin under a ‘TOWHIRE agreement’[27] to assist the disabled ship.

At 0848, SL Diamantina with 3 crew on board departed Port Botany. At 0854, Sydney VTS advised Portland Bay's master that the tug’s ETA was in 90 minutes (about 1025) and to advise when the ship was anchored. Sydney VTS followed up with Svitzer at 0858 and was advised that Bullara was preparing to deploy.

At 0859, SL Diamantina’s master established communications with the ship’s master. Engage Towage advised United Salvage, with which it had partnered to provide assistance, that the tug was en route. The ship was now 1.4 miles from the rocky shore.

Emergency anchoring off Eagle Rock

At 0901 on 4 July, the master advised the chief mate to standby to let go the anchors and, at 0905, ordered the port anchor let go. The anchor cable was secured with 9 shackles out with the engine dead slow ahead to relieve load on the cable. The starboard anchor was let go at 0909 and, by 0915, its cable had been secured with 7 shackles out. Soon afterwards, the engine was stopped. The ship was anchored in depths of 45 m with a sandy seabed about one mile from the shore (Figure 5).

Figure 5: Ship’s anchor position (red marker) off Eagle Rock

Figure 5: Ship’s anchor position (red marker) off Eagle Rock

Source: Google Maps, annotated by the ATSB

While anchoring, the master provided Port Kembla VTS various information requested, including electrical power and engine status, distance to the shore and helicopter winching information. By the time the ship was anchored, one of the 3 rescue helicopters was in its immediate vicinity and had established communications. The other 2 helicopters arrived on scene a short time later.

Meanwhile, at about 0915, United Salvage and Engage Towage began preparing to deploy SL Martinique. The tug was in White Bay, Sydney, but in addition to food, water and stores, it needed to be provided with suitable towing and salvage equipment before deploying.

At 0925, Marine Rescue advised the master to evacuate all but the essential crew required on board for a towing operation. The master discussed the evacuation with Pacific Basin and advised that the tug’s ETA was in one hour and suggested retaining 8 crew for a towing operation.

At 0926, the Westpac Lifesaver Rescue helicopter crew informed AMSA that a fourth helicopter, which was not expected, was in the area. It was soon identified as the RFS helicopter and AMSA instructed its pilot to return to base to avoid conflict with the other 3 rescue helicopters in the area.

At 0930, United Salvage briefed SL Diamantina’s master (via telephone) about the Lloyds Open Form (LOF) salvage agreement to be made with the ship’s master verbally (see the section titled Law of salvage under Salvage). United Salvage advised the tug master that the tug would need to push on the ship’s stern or midships to assist the ship and keep it away from the shore.

At 0937, the ADF advised AMSA that ADV Reliant was en route but the only assistance that this vessel could provide would be to launch its boats.[28]

Meanwhile on the ship’s bridge, at 0937, the third mate informed the master that the distance to the shore had reduced to 9 ‘cables’[29] (Figure 6). The master was still discussing the situation with Pacific Basin and suggested evacuating all non‑essential crew, including the 2 trainees on board.

Figure 6: The shore seen from the ship’s bridge

Figure 6: The shore seen from the ship’s bridge

Source: Portland Bay’s master

From about 0945, a meeting involving officers from various responding agencies, including the Port Authority, NSW Maritime and AMSA was held (with most attending virtually). The main aim of this multi‑agency meeting was exchanging information and coordinating their respective roles and responsibilities, including the control agency leading the response.

At 0946, after 3 unsuccessful winching attempts due to the ship rolling and pitching heavily and unpredictably, and the master confirming the anchors were holding, the high‑risk evacuation was abandoned and AMSA instructed the 3 helicopters to return to base. The Challenger aeroplane tasked arrived in the area later but remained at high altitude and assisted with ship‑shore communication.

At about 0950, SL Diamantina’s master read out the LOF salvage agreement to which Portland Bay’s master agreed. At 0958, Svitzer advised AMSA that Bullara was available as Monson had advised that the tug was not required. About 10 minutes later, Monson confirmed to AMSA that it had released Bullara from a commercial perspective (the hire contract).

At 1008, Engage Towage emailed the master, Pacific Basin, AMSA, Monson and others confirming that, together with United Salvage, a LOF salvage agreement was in place and its tug, SL Martinique, was also deploying. Subsequently, when Pacific Basin informed the insurance underwriter that a salvage agreement was in place, the efforts to seek tugs from international salvors was discontinued.

At 1010, SL Diamantina arrived near the ship, which was rolling heavily. Over the next 15 minutes, the tug master assessed the situation, estimating that the south‑east swell was 9 m with waves rising to 12 m in the south‑easterly winds gusting to 45 knots. Rain squalls were reducing the visibility to 150 m.

At about 1020, the multi‑agency meeting concluded with the Port Authority assuming the ‘combat agency’[30] role as per the ‘NSW Coastal Waters Marine Pollution Plan’[31] (see the section titled Legislation and plans under State level). The Port Authority then established an incident management team (IMT) that would meet at 2‑hourly intervals and appointed its chief operating officer as the incident controller (IC). An AMSA liaison officer was assigned to this IMT. The NSW Maritime manager responsible was assigned to be a liaison officer for New South Wales and attended JRCC from just before midday.

Meanwhile, the AMSA IMT established earlier in Canberra was not formally dissolved and its team members continued in their roles to support the combat agency (the Port Authority and its IMT). At 1020, AMSA decided to deploy Bullara in case it was required and advised Svitzer that it would task the tug under their contract (see the section titled Emergency towage services contract under Svitzer Australia).

At 1028, after SL Diamantina’s master and the ship’s master agreed that the tug would push on its starboard side to relieve the load on the anchor cables, the tug began pushing along the midships area. However, after colliding with the shipside several times due to the heavy swell, these efforts were abandoned at 1033 to avoid serious damage.

At 1040, the tug master advised the intention to connect the tug’s towline (a synthetic fibre rope) through the ship’s centre fairlead to its mooring lines. Fifteen minutes later, the towline was connected to 2 synthetic fibre mooring ropes using a towing shackle and the tug master took some weight on the towline.

Meanwhile, both Bullara and SL Martinique had nearly completed their deployment preparations. At 1051, a few minutes after Engage Towage had informed AMSA about the salvage agreement in place, AMSA issued Svitzer a tasking direction for Bullara. Two minutes later, AMSA advised that the tug was to proceed to the scene and standby. Bullara left its berth at 1054. Shortly after, at 1058, SL Martinique with 6 crew on board left its berth under the instructions of United Salvage.

After SL Diamantina’s towline was secured, the ship’s engineers started work to repair auxiliary blower number 2. By 1100, they had removed the blower’s impeller and fitted a blank on the blower trunk (to allow the other blower to be used when operating the engine).

At 1140, AMSA became aware that United Salvage intended to replace SL Diamantina with SL Martinique, and AMSA then calculated the pulling power required to hold the ship and to tow it.

At 1158, the ship’s mooring ropes connected to SL Diamantina’s towline parted. After some difficulty, 2 mooring wires were connected to the towline at 1220. However, 10 minutes later, the wires also parted and efforts began to reconnect the towline.

At 1230, AMSA contacted United Salvage and was advised that it intended ‘to only use SL Martinique to tow’ and that there was ‘no requirement for Bullara’.

Meanwhile, the second meeting of the Port Authority’s IMT was held from about 1230. At this meeting, the IC asked the AMSA liaison officer for Svitzer Glenrock to be activated in case it was required for the response.

By 1244, SL Diamantina’s towline had been reconnected. About 20 minutes later, however, it parted again. A few minutes later, the ship’s master asked that no further attempts be made to connect the towline.

At 1324, AMSA released the Challenger aircraft that had remained above the ship’s location and it returned to base.

By 1400, the engineers had fitted a new impeller in the blower. Their attempts to fit a new electric motor had not been successful due to difficulties removing the existing motor’s pulley and the repairs were suspended.

At 1402, SL Martinique arrived near the ship and, shortly after, began connecting its aft towing wire to the ship’s port bow. A few minutes later, Bullara arrived at the scene and, at 1410, AMSA advised Svitzer that it had the option to make Bullara available to United Salvage under the LOF agreement or the AMSA contract (see the section titled Emergency towage services contract under Svitzer Australia). At 1413, AMSA also advised United Salvage that Bullara was available to assist the ship.

The ship’s anchors had continued dragging slowly and it was now about 7 cables from the shore. At 1425, United Salvage requested AMSA for the use of Bullara, which it approved with the same advice about contractual terms provided earlier to Svitzer.

At 1430, Pacific Basin advised AMSA that the ship’s engine could be operated at limited rpm (up to half ahead). By 1433, SL Martinique’s towline had been secured. Shortly after, Bullara began connecting its main aft towline (wire) to the ship’s starboard bow and, by 1455, it was secured. By this time, the IC had decided that the ship would be towed 20 miles from the coast under United Salvage’s direction (ports in and near Sydney were closed due to the bad weather).

Attempted tow to sea

At 1505 on 4 July, Portland Bay’s master began weighing the anchors. The main engine was used to assist and, by 1538, both anchors were home. At 1540, SL Martinique and Bullara started the tow with SL Diamantina following the ship (Figure 4). The engine was at slow ahead to assist, however, it was stopped at 1547 due to high temperatures caused by ‘scavenge space fires’[32].

With the ship under tow, AMSA released ADV Reliant from tasking at 1553. About 20 minutes later, AMSA also released the 2 water police vessels at the scene from SAR tasking.

At 1828, United Salvage asked the IC to open Port Botany for the ship to take shelter there (refuge) as, in the prevailing weather, the tow had progressed parallel to the coast (towards Sydney) rather than away from the coast. Minutes later, at 1835, Bullara’s towline parted at its inboard (tug) end and the wire fell into the water (its other end remained connected to the ship’s bow). SL Martinique was not able to tow the ship on its own but remained connected with little or no weight on the towline. The tug’s master had earlier injured their left shoulder but was able to continue working.

At 1839, United Salvage advised Svitzer and Engage Towage that Bullara’s towline had parted (it had no spare towing wire) and the ship’s engine could not be used. United Salvage then called AMSA and asked it to activate the ETV, Svitzer Glenrock, or to have Port Botany opened (see the section titled Incident management). At 1850, while considering the ETV request, AMSA convened a meeting with Svitzer and United Salvage to discuss whether ocean‑going towing equipment was available in the general area for use by harbour tugs.

Meanwhile, Portland Bay with SL Martinique’s towline connected, was drifting towards Bate Bay (Figure 4). The master decided to anchor again when water depths reduced sufficiently and prepared to deploy both anchors.

At 1901, United Salvage advised Svitzer that a request for refuge in Port Botany had been made and asked if the ETV could be ‘mobilised’. Svitzer advised that if AMSA did not activate it, the tug could be hired under a TOWHIRE agreement (see the section titled Incident management).

Shortly after, the IC called AMSA’s Maritime Emergency Response Commander – MERCOM (see the section titled Response commander under Pollution prevention) to follow up the request for the ETV made that afternoon via the AMSA liaison officer. The MERCOM was unaware of the request but agreed to activate the ETV. The MERCOM also offered to issue a ‘direction’[33] to facilitate the ship to be towed into Port Botany (see the section titled Place of refuge under Pollution prevention). The IC advised that the port was closed due to the weather so the ship could not be towed into port until the weather improved.

At 1945, United Salvage submitted a formal ‘place of refuge’ request via email to the MERCOM to allow the ship to be moved to Port Botany.

At 1957, AMSA issued a tasking direction for Svitzer Glenrock. Svitzer immediately instructed the ETV’s Newcastle‑based crew to prepare to deploy for the nearly 90‑mile passage to the ship’s location off Bate Bay.

At 2010, United Salvage stood down SL Diamantina as it was low on fuel and it returned to Port Botany. Other than its towing lines, the tug had no reported damage. The tug’s chief engineer had injured a knee and shoulder during the deployment but had been able to continue working.

The Port Authority’s IMT considered options to evacuate the ship’s crew if it became necessary due to the risk of stranding and Sydney VTS checked if any other tugs or vessels were available. No tugs were available in Sydney and a naval vessel there would take at least 4 hours to mobilise. By 2015, it was concluded that helicopter rescue operations would not be possible in darkness.

At 2030, Svitzer Glenrock’s crew boarded and began pre‑departure and towing gear checks.

Emergency anchoring off Bate Bay

At 2035 on 4 July, Portland Bay’s port anchor was let go in 40 m water depths where the seabed was sandy and 9 shackles were paid out. Five minutes later, the starboard anchor was let go and 6 shackles were paid out. By 2045, both anchors had been secured with the ship 1.4 miles from the coast. The south‑easterly swell off Sydney recorded at the time was 5.03 m (average) and 8.63 m (maximum).

The IMT continued monitoring the situation through Sydney VTS with a Sydney harbour pilot attending the VTS. SL Martinique maintained a static tow and increased weight on its towline when required to prevent the ship dragging its anchors. Bullara remained near the ship. The 2 tugs were the only surface assets available for a rescue operation if it became necessary.

In Newcastle, Svitzer Glenrock left its berth at 2227. At sea, the ETV’s master reported that in the 40‑knot south‑south‑east winds with 8 m waves and poor visibility, it could only make good a speed of about 5 knots. Meanwhile, AMSA’s search for ocean‑going towing gear had identified that Coral Knight, the level 1 ETV in Queensland, had such equipment.

At 0121 on 5 July, the rate at which the ship was dragging its anchors increased and the pilot asked for the weight on SL Martinique’s towline to be increased slightly to reduce the dragging.

Meanwhile, Svitzer Glenrock continued its passage with an ETA off Bate Bay of about noon.

During the night, AMSA continued monitoring the ETV’s ETA and the position of the ship, which was dragging its anchors at a rate of about 100 m per hour. At 0546, the MERCOM acknowledged United Salvage’s place of refuge request and advised that the ETV was due on scene at about midday with plans underway to move the ship to Port Botany, noting that it had not yet grounded. At 0717, following a request by AMSA Operations for the ‘need to evaluate the port of refuge’, the subject was discussed by its incident management team.

At 0848, the incident was upgraded to level 5 (severe) in accordance with AMSA’s procedures (see the section titled Maritime Assistance Services procedures under National level) noting ‘machinery failure and immediate tasking of ETV’. The ARC duty manager continued coordinating AMSA’s response to the incident with the MERCOM continuing to oversight response activities.

At 0900, the Port Authority IC asked the MERCOM to issue directions to facilitate the ship to be towed into Port Botany in daylight the following day (see the section titled Incident management). At 1145, the IC convened a meeting with United Salvage, Engage Towage and Sydney Pilots to plan the towage operation.

At 1257, AMSA held a meeting where the MERCOM advised the IC that Svitzer Glenrock would remain in AMSA control for the towage operation. Collectively, they decided that the Port Authority would continue managing the incident as the combat (control) agency until the ship was safely berthed. They agreed that AMSA would then exercise its regulatory functions as the safety authority.

At 1300, when Svitzer Glenrock arrived off Bate Bay, United Salvage asked for Bullara’s parted towline to be recovered. The wind had moderated to 30 knots, but the 8 m swell that remained made recovering the 200 m towing wire difficult.

By 1415 Bullara had recovered its towline and Svitzer Glenrock began connecting its towline. By 1515, the towline had been secured through the ship’s forward centre lead. Shortly after, Bullara was dismissed to return to port (other than its parted towline and minor damage on deck, the tug was not damaged). Svitzer Glenrock and SL Martinique remained with the ship and maintained a static tow.

At about 1605, AMSA emailed MERCOM’s directions to Portland Bay’s master, Pacific Basin, United Savage and the Port Authority, requiring the ship to be towed to a suitable berth in Port Botany (see the section titled Incident management).

Later that afternoon, United Salvage presented the towage plan prepared using the ship’s emergency towing procedure (see the section titled Incident management). The plan involved the use of Svitzer Glenrock and 3 Engage Towage tugs (SL Martinique, SL Fitzroy and SL Diamantina). At about 1800, after discussing the plan with the MERCOM, the IC approved it subject to suitable weather conditions (maximum swell 4 m) and daylight hours. They agreed that the operation could start at about 0800 on the following day, 6 July.

Refuge in Port Botany 

At 0722 on 6 July, SL Fitzroy arrived off Portland Bay in preparation for the tow. At 0845, a pilot vessel arrived with a United Salvage representative, a service engineer (representing the ship’s main engine manufacturer) and 2 Sydney harbour pilots on board.

By 0936, SL Fitzroy’s towline had been secured through the ship’s aft centre lead. The pilots, salvor’s representative and service engineer had boarded the ship by 0954 and, at 1000, the master began weighing the anchors.

At 1051, both anchors were home and secured and, soon after, the ship was under tow with 3 tugs connected (Svitzer Glenrock, SL Martinique and SL Fitzroy). The main engine was used at dead slow ahead to assist the tow. 

At 1228, the ship entered the port limits of Port Botany. SL Diamantina had arrived to assist with berthing and, at 1312, connected a towline to the ship aft.

At about 1409, the ship was alongside Hayes Dock berth 3. By 1454, all its mooring lines had been secured and all 4 tugs had been cast off and dismissed.

Shortly after, AMSA officers attended Portland Bay and carried out initial inquiries and inspections. At 1650, AMSA issued the master with a notice to detain the ship.[34] The reason for the detention was identified as ‘main propulsion system not able to reliably provide intended propulsion service’, which effectively made the ship unseaworthy. No damage was reported to have occurred due to the ship’s anchoring and towing operations and no‑one on board was injured during the incident.

By this time, various investigations into the incident, including those initiated by the ATSB, AMSA and Pacific Basin, had commenced with their investigators collecting relevant evidence on board the ship.

Inspections and repairs

On 7 July, an AMSA Port State Control inspection identified 14 deficiencies with Portland Bay’s main engine and associated machinery, including:

  • auxiliary blower number 2 not operational
  • non‑return flap in scavenge manifold stuck open
  • piston rings of all main engine units stuck due to excessive carbon deposits.

Pacific Basin submitted a plan to rectify all the deficiencies over the following week while berthed in Port Botany by carrying out the following work under the supervision of the main engine manufacturer:

  • overhaul of all main engine units
  • overhaul of auxiliary blower number 2
  • inspection and cleaning of main engine charge cooler
  • checking of the condition of main engine turbocharger
  • ordering spares (blower, non‑return valve and piston rings)
  • post‑repair main engine tests and ship’s classification society surveys. 

The planned repairs were carried out over the following days in accordance with the manufacturer’s recommendations (see the section titled Post‑incident inspections under Propulsion).

On 13 July, the main engine was tested to the satisfaction of the ship’s classification society surveyor and engine manufacturer’s representative with an AMSA surveyor in attendance. The ship was then released from detention and, at about 1700, departed Port Botany for Gisborne, New Zealand.

Context

Portland Bay

General details

Portland Bay was a geared ‘handysize’[35] bulk carrier designed to carry dry bulk cargoes and timber (Cover). At the time of the incident, the ship was owned by Uhland Shipping, British Virgin Islands, and operated and managed by Pacific Basin Shipping, Hong Kong[36] (Pacific Basin). The ship was registered in Hong Kong and classed with Nippon Kaiji Kyokai, Japan (Class NK).

The ship was built in 2004 by Imabari Ship Building Company, Japan. It had a gross tonnage[37] of 16,960, an overall length of 169.26 m, a breadth of 37.20 m and depth of 13.60 m. At a summer draught of 9.78 m, the ship had a deadweight carrying capacity of 28,446 tonnes.

Four cargo cranes serviced the ship’s 5 cargo holds and fixed posts to lash timber cargoes were fitted on both sides of its main deck. The ship’s flush main deck extended to the forecastle where the mooring equipment, including electro‑hydraulic windlasses for the port and starboard anchors were located. Each anchor was fitted with 10 shackles[38] of 70 mm diameter chain cable.

Portland Bay’s navigation bridge (bridge) was equipped with navigational equipment in accordance with SOLAS[39] requirements for a ship of its size. This included 2 radars, 2 electronic chart display and information system (ECDIS) units, 2 very high frequency (VHF) radios and an automatic identification system (AIS) transceiver. A Qingdao Headway Marine model HMT‑100A voyage data recorder (VDR) recorded data for the time of the incident, including bridge audio.

Crew

At the time of the incident, the ship had a crew of 21, including the master. Thirteen of them, including the master and chief engineer, joined the ship in Port Kembla on 21 or 22 June 2022. All the crew, except for the Ukrainian master, were Filipinos.

The officers comprised the master, 3 deck officers (chief, second and third mate) and 3 engineers (chief, second and third engineer), all appropriately qualified for their positions. Others included 5 deck crew, 3 engine crew (a fitter and 2 motormen), one deck cadet and one engine cadet.

The master’s seagoing career began in 1999 with command first gained in 2004. The master had joined Pacific Basin in 2017 and completed 4 assignments as chief mate before being promoted in 2020. In 23 years at sea, the master had mostly worked on bulk carriers and some container ships as well as heavy‑lift cargo ships. The master had not previously sailed on Portland Bay but had on similar ships. The master’s handover notes, checklist and familiarisation, completed on 21 and 22 June, indicated that the ship, its machinery and equipment were in good working condition. That assessment had been confirmed by the outgoing master and chief engineer.

The chief engineer went to sea as a rating in 1992, progressed through the ranks in 3 different companies and, in 2015, obtained chief engineer qualifications. In 2016, he joined Pacific Basin and worked on its ships as a second engineer until being promoted to chief engineer in 2021. He joined Portland Bay for the first time on his second assignment as chief engineer. The chief engineer’s handover checklist indicated that the only major work planned for the following month was the renewal of the exhaust valves on 2 main engine units, with no issues of ongoing concern.

Propulsion

Portland Bay’s propulsion was provided by a Makita Mitsui MAN B&W 6S42MC diesel engine that could deliver 5,850 kW at 129 rpm. The main engine drove a single, fixed‑pitch, four‑bladed, right‑handed propeller. The ship’s designed service speed at 122 rpm (that is, 85% of the engine’s maximum continuous rating) was 14 knots (laden) and 14.5 knots (in ballast).

The ship’s propulsion (single engine and propeller), power and design speed were typical for its size and type with no auxiliary propulsion or thrusters. Table 1 below shows relevant data from the ship’s manoeuvring (harbour speed) table. The indicative speeds in the table were based on full propeller immersion, which occurred when the aft draught was 5.1 m or more.

Table 1: Portland Bay’s manoeuvring speed information

Engine orderSpeed (rpm)Laden speed (knots)Ballast speed (knots)
Dead slow ahead

42

5.1

5.3

Slow ahead

58

7.1

7.3

Half ahead

80

9.6

9.9

Full ahead

90

10.6

11.1

Engine combustion air system

Air for fuel combustion (scavenge air) was drawn from the engine room through filters into the turbocharger compressor (Figure 7). The turbocharger compressed the air and discharged it to the scavenge air cooler, which cooled and dried the air before passing the outlet via non‑return flaps.

Figure 7: Slow speed MAN B&W diesel engine combustion air and exhaust system

Figure 7: Slow speed MAN B&W diesel engine combustion air and exhaust system

Source: MAN B&W, annotated by the ATSB

Pressurised air from the cooler went into the scavenge air receiver or trunk, which extended the entire length of the engine and was connected to each cylinder through a pipe in the under‑piston scavenge space. As the piston came down, scavenge ports (cutouts) in the lower cylinder liner were exposed, allowing air into the cylinder above the piston. In combination with the now open exhaust valve at the top of the cylinder, the scavenge air cleared the cylinder of combustion gases and provided fresh air for the next combustion cycle. As the cycle continued, the piston moved up, blocking the scavenge ports, the exhaust valve closed, the air was compressed (increasing its temperature), atomised fuel was injected in and when the piston reached top dead centre, combustion occurred. Expanding gases then forced the piston down for the repeat cycle.

Combustion gases were cleared from the cylinder as the exhaust valve opened and the scavenge ports were uncovered. The combustion gases then passed into the exhaust gas receiver and to the turbocharger turbine side to drive the compressor and draw fresh air into the engine. The exhaust gases from the turbocharger discharged to atmosphere through the exhaust trunk (inside the engine room funnel).

At low engine loads (below 30‍–‍40% of maximum load), air supply was boosted by 2 electrically‑driven auxiliary fans or blowers. The auxiliary blowers provided air to the engine until there was sufficient exhaust gas to drive the turbocharger and supply the required volume and pressure of air. The blowers generally operated in automatic mode providing air at low engine load (speed) and stopped operating at higher load (speed) when the exhaust gas‑driven turbocharger could meet the demand for air. The blowers drew air from the charge air cooler outlet and discharged it through non‑return flaps, directly into the scavenge trunk (Figure 8). In effect, the blowers pumped air around the turbocharger non‑return flaps.

Figure 8: Air system non‑return flaps

Figure 8: Air system non‑return flaps

Source: Pacific Basin, annotated by the ATSB

Complete combustion was essential for the efficient operation of the main engine. The combustion, in turn, relied entirely upon a consistent, reliable air supply. It was therefore critical for the scavenge air system to be sufficiently airtight, particularly at low engine load/speed. The following 3 running surfaces in the air system sealed the system from leakage:

  • Auxiliary blower shaft seal.
  • Piston rings sealing the cylinder combustion space from the under‑piston scavenge space (loss of this seal could result in piston ring blow by leading to sludge accumulation in the scavenge space, loss of cylinder pressure, poor combustion and scavenge fires).
  • The seal between the scavenge space and the crankcase (through the diaphragm, sealing around the piston rod), known as the stuffing box.

In addition to scavenge air loss due to leakage, the following could lead to inefficient combustion:

  • Loss of auxiliary blower effectiveness due to air flow recirculation, such as leaking turbocharger non‑return flap(s) allowing air to flow about the blower, from discharge to suction (disrupts blower throughput and reduces scavenge trunk pressure and air flow for combustion).
  • Air flow restrictions from:
    • fouled scavenge ports due to accumulated deposits from piston ring blow by, stuffing box leakage or dirty air,
    • turbocharge fouling (turbine or compressor),
    • dirty turbocharger inlet filters,
    • air cooler fouling.
  • Scavenge fire (ignition of combustible material accumulated in the scavenge space above the diaphragm).

A scavenge fire consumes air for combustion and can seriously damage components if not extinguished quickly. Poor atomising of fuel, excessive fuel supply (for the available air), piston ring blow by, stuffing box leakage and excessive cylinder lubrication can all produce combustible material.

Ship’s engine performance

After Portland Bay left Port Kembla on 3 July and the pilot disembarked, the main engine order (demand) was set at full ahead (90 rpm). The engine rpm achieved fluctuated widely about the demand (90 rpm) as the ship (in ballast condition) rolled and pitched heavily in the prevailing weather conditions with its propeller not always fully immersed (Figure 9).

Figure 9: Engine speed demand (green or red) and actual speed (blue) on 3 and 4 July

Figure 9: Engine speed demand (green or red) and actual speed (blue) on 3 and 4 July

Source: Portland Bay’s recorded voyage data, annotated by the ATSB

Subsequently, the ship drifted and intermittently steamed slowly with both the auxiliary blowers operating. At 0450 on 4 July, when a fire alarm activated, the engineers observed smoke and a burning smell from blower number 2 and manually stopped it (the motor did not trip). Inspections later identified that the blower’s impeller bearings had failed.

After the failure of auxiliary blower number 2, the engine speed continued to follow the demand for dead slow and slow ahead. However, after about 0550, when attempts were made to increase speed beyond slow ahead, the engine did not respond to the speed demand (Figure 10).

Figure 10: Speed demand (green or red) and actual speed (blue) from 0445 to 0700, 4 July

Figure 10: Speed demand (green or red) and actual speed (blue) from 0445 to 0700, 4 July

Source: Portland Bay’s recorded voyage data, annotated by the ATSB

The varying engine load and speed led to adverse engine operating conditions, including:

  • poor combustion
  • turbocharger surge
  • scavenge trunk pressure fluctuations
  • fluctuating, and frequent, excessive and mismatched, fuel and air flow
  • repetitive opening and closing of scavenge system non‑return flaps
  • sticky piston rings, blow by and scavenge fires.

These operating conditions eventually resulted in the main engine being unable to achieve more than about 40 rpm. Overriding normal engine operating control limits and attempting to operate the engine locally (emergency control) to manually control the fuel supplied did not improve engine performance.

Main engine maintenance

When inspected after Portland Bay berthed in Port Botany on 6 July, the main engine had recorded 90,388 running hours. The ship’s planned maintenance system (PMS) was consistent with and supported the Class NK continuous machinery survey (CMS) requirements for classed machinery, including the main engine. There were no outstanding engine maintenance requirements and all the engine units had less than 5,000 running hours since their last inspection.

On 3 June (one month before the incident), the scavenge spaces were inspected and cleaned as part of routine maintenance. The inspection report showed the scavenge spaces and ports and the piston crowns and rings were clean and in generally good condition.[40] The report indicated that the auxiliary blowers and non‑return flaps were clean and intact.

Later in June, while en route to Port Kembla, there were difficulties maintaining full sea speed (122 rpm) due to high scavenge air and engine lubricating oil (LO) temperatures. It was therefore decided to clean the LO cooler, LO filter and charge air cooler when berthed in Port Kembla. In addition to these prioritised tasks, other tasks planned for the port stay included replacing the impeller and bearings in auxiliary blower number 2 with new spares.

Auxiliary blower number 2

About 3 years before the incident, in April 2019, auxiliary blower number 2 had failed and been repaired. The blower failed again in November 2019 and was repaired and, in June 2021, its motor and impeller bearings were replaced.

In March 2022, vibration monitoring revealed abnormal vibrations from the blower. The inspection identified a cracked impeller, damaged shaft bearings and worn bearing housings. The impeller was replaced with a previously used impeller. The cracked impeller was weld repaired and about a month later, in April 2022, it was refitted in the blower without rebalancing. New bearings were fitted in the same worn bearing housings as there were no spares on board.

In late May 2022, a new impeller and bearing housings were received when the ship was in China. As the ship’s operations there, and subsequently in Susaki, Japan, did not allow the new spares to be fitted, this task was postponed until the ship was in Port Kembla as noted above. The priority tasks (LO cooler, LO filter and charge air cooler) were completed from 22 to 26 June but the maintenance for auxiliary blower number 2 was outstanding when the ship left port on 3 July.

The impeller’s unbalanced operation was exacerbated by the varying engine load conditions after the ship left Port Kembla, resulting in the blower’s failure on 4 July. Later that day, the engineers removed the impeller and fitted the new impeller and bearings. They assumed that the electric motor was damaged (burnt out), tried removing it but found its belt drive pulley difficult to remove. The repairs were then abandoned without testing the motor with the blower deemed inoperable and remaining out of service for the duration of the incident.

Following the incident, when the ship was in Port Botany, the electric motor was removed and sent ashore for overhaul. Apart from some in‑service wear and tear, the motor was found to be operational.

Post‑incident inspections

After the incident, the main engine manufacturer’s service department, MAN PrimeServ, conducted an engine inspection and service while the ship was in Port Botany to identify reasons for the engine speed not increasing beyond 40 rpm, and carrying out necessary repairs. The inspection and service included:

  • overhaul of all pistons and calibration of cylinder liners
  • inspection of scavenge spaces including scavenge air receiver, non‑return flaps and under piston scavenge spaces and stuffing boxes
  • charge air cooler removal and clean
  • overhaul of auxiliary blower number 2.

The inspection identified several issues with engine components, including:

  • piston, ring and ring gap measurements close to wear limits
  • sticky piston rings on all pistons
  • cylinder liner measurements all well within limits
  • carbon build‑up in cylinder liner scavenge ports
  • a leaky fuel injector
  • a damaged turbocharger non‑return flap
  • a non‑return flap for auxiliary blower number 2 stuck open
  • excessive carbon build‑up and unburnt fuel in the turbocharger
  • excessive cylinder lubrication and piston blow‑by in some cylinders
  • dirty scavenge spaces with excessive sludge and carbon build up in the air receiver and around stuffing boxes.

A build‑up of carbon, fuel and deposits throughout the scavenge system, pistons, turbocharger and other engine components was also evident. Figure 11 shows the condition of a piston (a), stuffing box (b), scavenge ports (c) and turbocharger turbine housing (d).

Figure 11: Condition of some engine components

Figure 11: Condition of some engine components

Source: Pacific Basin and MAN PrimeServ, annotated by the ATSB

The build‑up of carbon, fuel and deposits was assessed as probably being the result of:

  • speed fluctuations resulting in excessive fuel injected into the engine leading to incomplete and unstable combustion
  • piston blow‑by due to sticky piston rings caused by poor combustion, excessive fuel injection, excessive cylinder lubrication and a leaky fuel injector
  • excessive cylinder lubrication leading to excess oil in the under‑piston space.

The inspection and service concluded that the principal reason that the engine was unable to increase speed beyond about 40 rpm was insufficient air for combustion.

The condition of each engine component, on its own, was within specifications and was not considered enough to disrupt the combustion air flow to the extent of preventing the engine achieving the speed demanded. However, wear and fouling of multiple engine components, together with the loss of the auxiliary blower and open scavenge system non‑return flaps were considered, in combination, enough to prevent the engine from receiving enough air to increase speed past about 40 rpm, regardless of demand.

Class NK required a performance test to be conducted with a report provided to the engine manufacturer. The engine service described above was followed by an engine trial on 13 July while berthed in Port Botany with the manufacturer’s representative, Class NK surveyor and AMSA surveyor in attendance. A sea performance trial was conducted later to the engine manufacturer’s satisfaction.

Planned maintenance system

The ship’s planned maintenance system (PMS) noted above incorporated Class NK machinery survey requirements and was part of the shipboard safety management system (SMS). The engine manufacturer’s instruction manuals were available for carrying out maintenance and repairs in accordance with the PMS. The procedures and guidance available on board covered necessary engineering matters, including avoiding, detecting and extinguishing scavenge fires.

In addition, Pacific Basin’s dedicated manager for the ship oversighted and supported shipboard engineering matters. As auxiliary blower number 2 had been working satisfactorily, fitting the new spares were not prioritised over other tasks by the ship’s manager and the chief engineer. 

Safety management system

Portland Bay’s safety management system (SMS) was intended to cover all shipboard operations with some procedures for navigation (bridge) and emergencies directly relevant to this incident.

Bridge procedures

Navigation‑related procedures were contained in the Bridge Manual of the SMS.[41] The procedures referenced recognised industry standards and guidance, including SOLAS, International Maritime Organization (IMO) guidelines and the Nautical Institute’s Bridge Team Management guide.

The procedures required that, in adverse weather, masters increase distance from navigational dangers to 20~50 miles, as reasonably practicable, to maintain a safety margin. The margin was required to be sufficient to ensure that adequate time would be ‘available to respond to contingencies at sea such as machinery failures (main engine, steering and generators)’.

According to Pacific Basin, it did not encourage drifting to reduce fuel consumption and procedures advised masters to not hesitate adjusting course and/or speed, including ‘heaving‑to’[42], in heavy weather to avoid damage to the ship and its machinery. If the master decided to drift, the ship was required to be about 50 miles from the nearest land or navigational danger, where practicable.

The bridge heavy weather checklist stated that anchors were designed to hold the ship in sheltered waters. It warned against anchoring in adverse weather (wind force 6 or swell higher than 1.5 m). If anchoring in depths less than 40 m, the anchor had to be walked back (veered) within 5 m of the seabed before it was let go. In depths of 40 m or more (defined as deep water), the anchor had to be walked back throughout, with the ship stationary over ground. Anchoring in depths greater than 100 m was prohibited except in an emergency and it was noted that the windlass was only designed to lift the anchor and 3 shackles (about 85 m) of cable.

In general, these SMS procedures and guidance were consistent with recognised practice. Drifting can expose a ship to risks due to bad weather, traffic, land and other hazards. When drifting in bad weather, the ship’s motion cannot be controlled and it is prone to rolling, pitching or surging and consequential damage (hull, machinery or cargo). Passing traffic can pose a risk of collision unless mitigated by having the propulsion and steering in readiness. The proximity of hazards increases the risk of allision, contact or grounding.

While it may be safe to drift in calm weather, far from traffic and land, drifting generally involves risks (which increase significantly in bad weather) and it is generally not considered a prudent option. There may also be commercial considerations, for example, a ship on charter (hire) that immobilises its propulsion to drift might be deemed ‘off hire’. Drifting due to a breakdown means a compromised status (not under command) and a disabled ship close to a lee shore in bad weather may have to make emergency use of its anchors as described above. The ‘Peril at Sea and Salvage: A Guide for Masters’[43] publication, which the procedures referred to also contained relevant guidance for emergency anchoring (see the section titled Shipboard response under Response fundamentals).

Emergency procedures

Pacific Basin’s Crisis Management Manual[44] contained procedures for managing shipboard emergencies. The comprehensive range of subjects in the manual included emergency types, drills (shipboard and ship‑shore), crisis management teams and procedures, shipboard plans, reporting requirements, emergency contacts and guidance on towage and salvage.

The manual required monthly shipboard drills simulating different, realistic scenarios and involving relevant ship’s staff. In addition, ship‑shore drills involving different ships to exercise Pacific Basin’s shore management were to be conducted annually. Checklists and flow charts to make the procedures user‑friendly were included in the manual.

In an emergency, the master was to notify Pacific Basin management through contacts identified in the manual. The order of priority for the contacts was the ship’s dedicated manager, company marine and safety manager, general manager and fleet director. The master could also contact the company’s designated person ashore (DPA). If required, shore management would establish a crisis management team to support and guide the master in managing the emergency.

The master was also responsible for notifying other relevant parties, including authorities. The ‘main engine/power failure’ form listed several parties to be notified. These included the rescue coordination centre (RCC) and authority (including AMSA if the ship was in Australia). In addition, there was a ‘main engine/power failure’ checklist, which included an item for informing nearby ships and VTS/Port Authorities, as appropriate. The checklist completed for this incident indicated that this check was complied with at 0700 on 4 July (Port Kembla VTS was notified at 0657).

The manual warned that a loss of propulsion or steering, grounding or hull breach could result in pollution but emergency towing could prevent a spill or mitigate its impact. It provided general guidance about towing and that ship‑specific towing arrangements were detailed in the ship’s emergency towing booklet. A checklist for a disabled ship under tow was included, noting that further guidance for towing was available in the masters Guide (Peril at Sea and Salvage).

The manual specifically reiterated the master’s overriding authority and responsibility with respect to safety and pollution prevention. It was further stated that this overriding authority extended to agreeing a salvage contract under ‘Lloyd’s Open Form’[45] terms if required by the situation.

Incident location

As previously described, Portland Bay anchored in 2 separate locations, each off a dangerous lee shore (Figure 12).

Figure 12: Anchor positions off Eagle Rock and Bate Bay on 4 July 2022

Figure 12: Anchor positions off Eagle Rock and Bate Bay on 4 July 2022

Source: Google Maps, annotated by the ATSB

Anchor position 1 was about one mile from the cliffs near Eagle Rock south of Wattamolla (Figure 13). Similarly, anchor position 2 was about one mile from the nearest reef in Bate Bay. The ship dragged its anchors towards the shore in both locations. As described in the Admiralty Sailing Directions,[46] the coastline between Port Kembla and Sydney offers little to no shelter. Sydney (Port Botany and Port Jackson) lies about 32 miles (60 km) north‑north‑east of Port Kembla (Figure 1 and Figure 4).

Figure 13: Portland Bay at anchor about one mile from the cliffs near Eagle Rock

Figure 13: Portland Bay at anchor about one mile from the cliffs near Eagle Rock

Source: Svitzer Australia

The Sailing Directions stated that the coastline from Port Kembla extends in a northerly direction for 10 miles to Bellambi Point and then runs in a north‑north‑easterly direction. The Directions indicated that the shore is generally low up to the vicinity of Coalcliff (19 miles south of Sydney) after which the coastline is dominated by cliff faces and rocky shores. The Directions noted that Garie Beach breaks the line of cliffs fronting the coast between Stanwell Park (near Coalcliff) and Wattamolla (11 miles south of Sydney). It was stated that, between Wattamolla and Port Hacking Point, the coast is a continuous line of cliffs broken only by Marley Beach. The proximity of the cliffs and rocky shores to anchor position 1 made it a very hazardous location (Figure 13).

The ship was anchored off Bate Bay for 2 nights. The Sailing Directions stated that Bate Bay, entered between Glaisher Point and Potter Point, is exposed and of no use as an anchorage. The Direction’s further noted that Osborn Shoal lies in the middle of the entrance to the Bate Bay and the bay’s shore between Glaisher Point and the southwest end of Cronulla Beach is formed by an irregular line of cliffs. It was also stated that the beach, backed by sandhills 12‍–‍14 m high, extends about 2.5 miles north‑east to a rocky point, from which Merries Reef (it breaks) extends 6 cables to the south‑west.

The location where the ship broke down in heavy weather exposed it to a very high risk of a catastrophic stranding on the rocky shore and cliffs near anchor position 1. During the first 5 hours that it was there, the anchors dragged about 4 cables closer to the shore. Had the ship stranded on the rocky shore and broken up, the 809 tonnes of heavy fuel oil and 133 tonnes of diesel oil on board would probably have escaped and polluted the surrounding water and shoreline. In addition, abandoning the ship in those conditions posed a very high risk of injury to the crew.

Anchor position 2 was comparatively less dangerous but the extended time over which the anchors were once again relied upon to hold the ship in bad weather exposed it to a high risk of stranding, even with a tug connected. In this position too, the anchors dragged and the ship came within a mile of the shore. Once again, a stranding in rough weather posed a risk to the safety of life, with environmental pollution likely.

Maritime emergencies

This section provides details on salvage, towage, intervention and refuge matters, which were prominent features of the incident response.

Peril at sea 

The sea can be a harsh environment and seafarers have encountered perils there since they first began sailing across oceans and seas. While modern ships are larger and safer, from time to time they face perils at sea that result in serious casualties.

Serious causalities, such as collision and grounding, which can result in failure of the ship’s hull, or propulsion or steering failures close to the coast can result in strandings. Extreme weather is often a factor in the development of an emergency at sea, complicating the emergency and the response. The number and extent of other factors associated with the emergency influence its complexity, successful resolution and/or the adverse consequences. These can include the loss of the imperilled ship, its crew and cargo, and damage to the environment.

The publication, Peril at Sea and Salvage: A Guide for Masters, provided ship masters essential guidance for the actions to take when confronted with an emergency at sea. The Guide defined a ‘shipping emergency’ as a major incident that has the potential to put at risk the safety of persons, the ship, the environment and the cargo. Many examples of emergencies were listed in the Guide, including collision, grounding or stranding, loss of propulsion, structural failure and pollution.

The Guide also provided essential information for others that interact with masters in an emergency, including ship owners and operators, salvors and maritime authorities. First published in 1979, the Guide has provided practical guidance for masters to effectively manage an emergency, including the subjects of towage and salvage, and was recognised as best practice on the subject.

Salvage

Salvage is the act of saving property from being destroyed and, in the maritime context, it is saving a ship and/or its cargo from being lost, which are then said to have been ‘salved’. The concept of salvage is ancient as ships have encountered perils at sea throughout history. The claim for salvage (the salvors reward) is an ancient right that can be traced to the laws of the ancient Greeks.

Those ancient laws and public policy with respect to salvage were based on encouraging salvors to help imperilled ships in the vast expanses of the world’s oceans and seas by rewarding them for success. The reward also discouraged the temptation to piracy to some extent. This ancient right of salvage is peculiar to maritime law (that is, the right does not apply to saving property on land).

Law of salvage

Historically, the law of salvage has been based on the ‘no cure – no pay’ principle (that is, no reward for failure). The value of the salved property was used to determine the reward and this is generally still the case for fixing the salvage award (remuneration in financial terms). Several other criteria are also used to fix the award.

There are 4 essential elements of a claim for salvage:

  • the salvor must be a volunteer (that is, no pre‑existing contractual duty or statutory duty to act)
  • the salvage needs to be successful (or contribute to success)
  • the subject of salvage can be a ship (any vessel capable of navigation) or other property at sea (such as a ship’s cargo)
  • there must be an element of danger from which the subject property is saved.

A simple example of a successful salvage is a salvage company or tug that voluntarily salves a ship and/or its cargo that was in danger of being lost. The salved ship’s master and crew do not have a right to salvage because they have a duty to act. Salvage cannot be claimed for saving life as it has long been recognised that every seafarer must go to the assistance of another.

Environmental pollution and protection were not part of early salvage law. The increasing focus on the environment in the latter part of the twentieth century resulted in changes to the long‑standing public policy in order to protect the environment through an appropriate legal framework. Although modern ships, communications and technology have somewhat diluted the basis for the original public policy, historical common law salvage concepts have been retained.

The major catalyst to change the law of salvage was the environmental disaster involving the oil tanker, Amoco Cadiz (Figure 14). On 16 March 1978, the ship, laden with 220,000 tonnes of crude oil, broke down in heavy weather off the coast of north‑west France. The ship drifted onto the lee shore, where it grounded (stranded) and widespread pollution resulted.

Figure 14: The stranding of Amoco Cadiz and resulting environmental disaster

Figure 14: The stranding of Amoco Cadiz and resulting environmental disaster

Source: Counterspill.org

A salvage tug had been made fast well before the ship grounded but there was a long delay before the salvage contract was agreed. While many attributed the stranding to the delay, the salvors denied that assertion. The public furore which followed this disaster resulted in the IMO commissioning a review of the 1910 Salvage Convention to ensure that modern needs and protection of the environment were addressed.

The IMO‑commissioned review resulted in changes to the law of salvage through the International Convention on Salvage, 1989 (Salvage Convention)[47]. The Salvage Convention came into force in 1996 and replaced the 1910 Convention, which had codified salvage law based on the existing case law (common law). Since then, the legal framework for salvage has in general been governed by the 1989 Convention, which included provisions to protect the environment by making ‘special compensation’ available to salvors.

Special compensation was intended to encourage salvors to go to the assistance of ships which threatened damage to the environment as salvors would at least recover their expenses. Avoiding or preventing environmental damage was also a clear benefit to owners (ship, cargo and others) and insurers (cargo, hull and others).

The right to claim salvage is not dependant on the existence of a salvage contract. Rendering a salvage service always entitled the salvor to claim salvage under common law. Where there is a salvage contract, the right is covered by statutory law and most salvage in modern times has been carried out under contract. The Lloyd’s Open Form of Salvage Agreement often known as Lloyd’s Open Form (LOF) as referred to previously is the most well‑known and frequently used salvage contract.[48] Its 2020 version, LOF 2020, was current at the time of this incident (Appendix A).

The first LOF ‘no cure – no pay’ salvage agreement was made in 1894 and in 1908, the form was published for international use. Since then, the form has been revised several times and LOF 2020 was the twelfth revision. The LOF provides a standard contract form that is easily understood and recognised as being fair to salvors, shipowners, cargo owners and insurers. This standard form does not need to be signed to be legally binding with a verbal agreement being sufficient. This feature can be invaluable in time‑critical situations.

Special compensation provisions introduced by the 1989 Salvage Convention were progressively incorporated into successive versions of the LOF. In LOF 2020 (and some previous versions), this was in the form of the Special Compensation P&I Club (SCOPIC) clause.[49], [50] Developed by the International Group of P&I Clubs and International Salvage Union (ISU)[51], the SCOPIC clause comprised 16 sub‑clauses that set out the basic scheme and contractual position between the salvage contractor and the shipowner.

The main purpose of the SCOPIC clause was to ensure fair compensation for the salvor’s efforts to prevent damage to the environment even if salvage was unsuccessful (Article 14.1 of the Salvage Convention).

In practice, the parties to a salvage agreement incorporated the SCOPIC clause by selecting the agreed option in the agreement (Yes/No option in box 7 of LOF 2020). While incorporating the clause is voluntary, it is almost always used by professional salvors when there is a threat to the environment. The Peril at Sea and Salvage: A Guide for Masters publication described key LOF features, including special compensation. The LOF 2020 and SCOPIC clause were reproduced in an appendix to the Guide.

In determining a salvage award, Article 13.1 of the Salvage Convention stated that the following should be considered:

  • salved value of the vessel and other property
  • skill and efforts of the salvors in preventing or minimising damage to the environment
  • measure of success obtained by the salvor
  • nature and degree of the danger
  • skill and efforts of the salvors in salving the vessel, other property and life
  • time taken and expenses and losses incurred by the salvors
  • risk of liability and other risks by the salvors or their equipment
  • promptness of the services rendered
  • availability and use of vessels or other equipment intended for salvage operations
  • state of readiness and efficiency of the salvors’ equipment and the value thereof.

As applying these 10 criteria to the circumstances of a particular case is rarely straightforward, the remuneration for a salvage award and/or special compensation under an LOF agreement is determined by arbitration in accordance with the agreement’s arbitration clauses.

Duties of the parties

Article 8 of the Salvage Convention set out the duties of the salvor and the owner of the property (ship and cargo) to be salved and are summarised below. They are complementary and intended to ensure the success of the salvage operation and avoid damage to the environment.

The salvor owes a duty to the owner of the ship or other property in danger:

  • to carry out salvage operations with due care
  • exercise due care to prevent or minimise damage to the environment
  • when the circumstances reasonably require, to seek assistance from other salvors
  • accept the intervention of other salvors when reasonably requested by the owner or master.

Similarly, the owner and master of the ship or other property in danger owe a duty to the salvor:

  • to cooperate fully during the salvage operations
  • exercise due care to prevent or minimise damage to the environment
  • when the ship or other property has been brought to a place of safety, accept redelivery when reasonably requested by the salvor.
Towage

Salvage of a ship disabled at sea almost always involves towing it to a place of safety. However, salvage should not be confused with towage, with the following key differences between them, the first point being the essential difference:

  • salvage requires an element of danger whereas towage does not
  • successful salvage claims require ultimate success while towage often does not
  • salvage gives rise to a maritime ‘lien’[52] while towage only gives rise to a statutory lien
  • a salvage claim is usually against the shipowner and cargo but towage involves the shipowner
  • salvage and towage are normally carried out under different contracts and masters.

Regardless of whether a towage or salvage contract is agreed, the conduct of the towing operation will be the same. International guidelines and best practice exist to ensure that towing is safe and effective.

Ocean towing guidelines

The IMO has developed guidelines for international ocean towing that can be used for any other towing operation.[53] They were developed for commercial towage operations, which were not in the nature of salvage. In Australia, the guidelines have been used for AMSA‑contracted emergency towing vessels (see the section titled Emergency towage services contract under Svitzer Australia).

The guidelines specified standards and recommended requirements for towing vessels and equipment and addressed relevant subjects, including manning, planning, preparation, design environmental conditions and bollard pull (BP)[54] testing. In terms of overall capability, the BP was required to be sufficient to tow in weather conditions comprising wind 20 m/s (39 knots), significant wave height 5 m and current 0.5 m/s (1 knot), all acting in the same direction.

The minimum length of the main towline is particularly important. The guidelines specified that, in the absence of other established criteria, the required length should be determined using the following formula (where L is the towline’s minimum length, BL its documented breaking load and BP the vessel’s continuous bollard pull).

L = (BP/BL) x 1800 m

Using this formula, a 162 t BL towline on a 65 t BP tug needs to be at least 720 m long.

The minimum documented breaking load (MBL) of the main towline was generally required to be between 2 and 3 times of the BP. The guidelines provided formulae (based on the BP) to calculate the towline MBL (Table 2).

Table 2: Main towline breaking load

Bollard PullBP <40 tBP 40-90 tBP >90 t
Minimum Breaking Load (tonnes)3.0 x BP(3.8 – BP/50) x BP2.0 x BP
Source: IMO

When applied to a 60 t BP tug, the formula provides a required MBL of 156 t. It was required that fibre rope pennants (if used) should have an MBL of not less than 2 times that of the towline’s MBL (BP‍<‍50 t), 1.5 times (BP‍>‍100 t) and linearly interpolated between 1.5 and 2 times for BP between 50 and 100 t. It was also required that the capacity of connecting links (shackles, rings etc.) should be at least 50% more than the towing arrangement’s documented MBL.

The guidelines required that a spare towline satisfying all the requirements of the main towline be carried and stowed on the towing winch if it had 2 drums. Alternatively, the spare line could be arranged to ensure transfer to the main towing drum, provided that it could be conducted safely and quickly. The guidelines recommended that, unless impractical, the vessel was to be equipped with sufficient spare equipment to completely replicate towing arrangements.

Other key towing equipment standards and requirements included that:

  • the towing winch which can withstand the breaking load of the main towing wire
  • there must be means to:
    • release tension on the winch drum(s) in an emergency
    • effectively spool the towline effectively on the drum(s)
    • protect towlines from chafing or abrasion
  • all wire ropes have the same lay (right or left hand)
  • there are hard eyes for all wire rope terminators.

In addition to safety certification appropriate for the towing vessel’s size, documentation for towing equipment and continuous BP at maximum rated power was required to be carried. Towing vessels also had the following general and equipment requirements.

  • a documented maintenance system for main and auxiliary machinery, steering and towing gear, and navigation and communication equipment
  • fitted with radar, electronic positioning device, magnetic steering compass, echo sounder, navigational charts and publications and VHF radios
  • have self‑sufficient fire suppression capability and a searchlight (directed from the main steering station).

General towing guidance

The masters Guide (Peril at Sea and Salvage) covered towage, including deep sea or ocean towage when the ship was not in imminent danger. It outlined SOLAS requirements for tankers to be fitted with emergency towing arrangements and all cargo and passenger ships to be provided with a ship‑specific emergency towing procedure. The procedure was required to include drawings of towing arrangements, inventory of towing equipment, communication methods and sample procedures for emergency towing.

The Guide provided detail on both planned and emergency towage, and specifically the types of towing equipment and arrangements fitted on ships and how to connect and start a tow. If the ship was in imminent danger, the master was advised to summon immediate salvage assistance and accept LOF salvage terms. Useful guidance on the actions to take if other salvage terms were offered was also provided.

The Guide outlined the use of a dedicated towage vessel, such as an ocean‑going tug. The following list of suitable towing vessels, in order of preference, was included:

  • ocean‑going salvage tug
  • anchor‑handling/supply vessels
  • escort tugs
  • anchor‑handling tugs
  • harbour tugs
  • warships
  • any other suitable ship.

The Guide noted that warships were not ideal towing vessels but were powerful and had other advantages, such as a relatively large crew and helicopter or rescue craft. By contrast, modern merchant ships were noted as being impractical for towing due to their large size.

Places of refuge

Sheltered waters may be needed for salvage operations but the ship could endanger the coastal state that has jurisdiction over those waters or places of refuge. During the drafting of the Salvage Convention in the 1980s, there was much discussion about places of refuge to achieve a balance between the interests and rights of coastal States and their expected obligations. The result was Article 11 of the Convention:

A State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provisions of facilities to salvors, take into account the need for co‑operation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general.

However, international guidelines that included practical guidance about refuge for ships in danger remained elusive for nearly 2 decades. The subject came to the fore around the turn of the century because of 3 significant and high‑profile environmental incidents, which occurred in relatively quick succession. The incidents involved the tankers Erika,[55]Castor [56] and Prestige. The sinking of Prestige was the final trigger for developing international standards for places of refuge and related matters.

On 13 November 2002, Prestige, carrying 77,000 tonnes of heavy fuel oil had a hull failure during a storm off the Spanish coast. Part of its crew were evacuated and the ship drifted within 4 miles of the coast with its cargo leaking. Spanish, French and Portuguese authorities all refused refuge to the stricken tanker, which was instead towed out to sea. On 19 November, the ship broke in 2 and sank 160 miles off the Spanish coast (Figure 15). Much of its cargo spilled and most of what remained within the hull escaped into the sea over the following days and months, washing up on the coasts of Spain, France and Portugal (to date it remains Spain’s worst ecological disaster).

Figure 15: Prestige sinking

Figure 15: Prestige sinking

Source: Cedre

In late 2003, the IMO adopted resolutions on Guidelines on Places of Refuge for Ships in Need of Assistance and Maritime Assistance Services (MAS). [57], [58] These guidelines were intended for use when a ship needed assistance but safety of life was not involved (the latter was covered by the Search and Rescue Convention). A coastal state’s MAS were intended to improve reporting, consultation, situation monitoring, and communications, including during a salvage operation. The Guidelines on the Control of Ships in an Emergency provided coastal state governments, masters, companies, salvors and others involved in an emergency with a framework of authority in which they were expected to operate.[59] The masters Guide (Peril at Sea and Salvage) directed readers to the guidelines on the control of ships as well as the guidelines on places of refuge.

Government intervention

The masters Guide (Peril at Sea and Salvage) advised that governments of coastal states could have legislation that allowed them to actively intervene when there was an emergency in waters under their jurisdiction. The Guide advised that masters should comply with any instructions given by the authority with jurisdiction but to question instructions which they considered inadvisable or dangerous.

Coastal states also have a right to intervene beyond their territorial waters and take measures to prevent or reduce pollution, and this was recognised by several international conventions. However, coastal states were required, if possible, to consult with other affected states, including the ship’s flag state, and with the owners of the ship and its cargo.

>Response fundamentals

The information and guidance in relevant Conventions and Guidelines indicated that the effective management of emergencies relied on timely and appropriate actions. The success of an action is often reliant on when it is taken and an emergency response invariably involves time‑critical actions, starting with initial notifications. Good seamanship is central to an optimal outcome.[60] 

Notifications

The masters Guide (Peril at Sea and Salvage) emphasised the importance of timely reporting of an emergency: ‘do not delay sending appropriate alerts and notifications’. The Guide provided a list of parties that may need to be notified, with the coastal state listed first.

Prompt notifications enable authorities and relevant parties to take necessary action. Importantly, early action improves the chances of success of the emergency response by coastal state authorities, salvors and others. It is equally important that when a master’s notification(s) is received by any station, it should be relayed to relevant coastal state authorities and agencies, and others that need to respond in accordance with the state’s emergency response plans.

Shipboard response

The shipboard response depends on the type of emergency, but safety of the crew is always paramount. The master’s Guide provided general guidance for responding to emergencies that involve a breach of the hull, a fire or explosion or the risk of an explosion. The Guide detailed the action to take when a ship was disabled but still afloat as well as the action to take if it grounded.

The Guide included information about managing drift if the ship was disabled due to a loss of steering but still had propulsion. Different methods, depending on whether the ship had one or 2 propellers, to bring its head or stern into the weather to reduce drift were described.

In emergencies involving propulsion failure, the Guide noted that anchors could be used to good effect. If the water was too deep for anchoring, it suggested lowering the anchors to create a drogue effect to bring the ship’s head into the weather. However, a warning that the length of cable deployed must always be less than the maximum that the windlass can recover (no more than 3 shackles of cable or about 80 m) was included. It was stated that great care must be taken to retain the use of the anchors in case the ship reached water depths where it could be anchored. If there was a risk of grounding, it was recommended that the anchors be readied before they might be required.

While the use of anchors in emergencies is recommended, masters need to be aware of the inherent limitations of anchoring equipment. These are governed by the requirements of the International Association of Classification Societies (IACS).[61] The requirements stated that the anchoring equipment ‘is intended for the temporary mooring of a ship within a harbour or sheltered area’. It was further stated that ‘the equipment is therefore not designed to hold a ship off fully exposed coasts in rough weather or to stop a ship which is moving or drifting’.

Masters also need to consider the operational condition of the anchoring equipment and the holding ground that the seabed offers. The IACS requirements stated that the equipment was designed to hold a ship in good holding ground and the holding power of anchors is significantly reduced in poor holding ground. Sand and gravel offer good holding ground whereas a rocky bottom does not. In any case, if anchored in rough weather in an emergency, the engine(s), if operational, should be used to reduce load on the cable(s).

Masters should be familiar with their ship’s towing equipment, which depends on the type of ship, size and other factors. For example, large oil tankers are fitted with emergency towing equipment whereas dry cargo ships such as Portland Bay have standard mooring equipment as required by the relevant rules and requirements, which can be used for emergency towing. Masters can rely on the towage/salvage master’s directions, the master’s Guide and their own experience and seamanship when taking a tow.

Shore‑based response

The principles and objectives of shore‑based emergency response by coastal state authorities, salvors and others are generally consistent with those of shipboard response. Safety of life is paramount and evacuating the crew is a key consideration where there is risk to life.

As previously discussed, pollution prevention is central to emergency response. This is achieved by stabilising the ship’s situation to prevent the loss of the ship and/or its cargo. In practice, responders provide services and support, such as salvage or towage and pollution prevention or clean‑up, all aimed at preventing a disaster.

Australia’s National Plan

Overview of national arrangements

The Australian Government recognised the need for a national set of arrangements to manage oil and pollution incidents after the major oil spill from the oil tanker Oceanic Grandeur in 1970 in the Torres Strait.[62] The incident was the main catalyst for developing the National Plan to Combat Pollution of the Sea by Oil, which came into operation in 1973 under the management of the former Department of Transport.[63] In 1990, when AMSA was established, it took control of the National Plan as it is commonly known.[64]

In 2005, in response to the 2004 Ship Salvage Inquiry into Maritime Salvage in Australian Waters,[65] the Australian Government decided that an integrated national approach for the provision of emergency maritime response arrangements was required. The integrated approach would require minimum levels of emergency towage capabilities (ETC) along the Australian coastline and a regulatory framework to support a coordinated approach to emergency response issues. This led to the 2008 Inter‑Governmental Agreement (IGA) on the National Maritime Emergency Response Arrangements (NMERA).[66]

The objective of NMERA was to protect the marine environment from actual or potential ship‑sourced pollution by ensuring an appropriate level of ETC around the coastline and enhancing the response management framework.[67] Governments recognised the benefit of a single national emergency response management role to address any shipping casualties that involved potentially significant pollution and the need to strengthen the powers of intervention.[68] The following were the stated elements of NMERA:

  • emergency towage vessels (ETVs)
  • national Maritime Emergency Response Commander (MERCOM)
  • regulatory arrangements – powers of intervention.[69]

 Key features of the IGA were:

  • the Commonwealth, Northern Territory and all 6 states were parties to the agreement
  • a greater role for governments to ensure a minimum level of ocean‑going ETC
  • salvage arrangements to remain within existing commercial arrangements
  • minimising potentials effects on competitive pressures on harbour towage
  • primary responsibility for use of NMERA ETC lay with the shipping industry
  • ETV assets to be available to industry under commercial arrangements
  • government intervention only to achieve policy outcome (objectives)
  • MERCOM’s final decision‑making power for casualty management.

It was agreed that the Australian Government would amend its legislation to provide immunity from civil or criminal liability for the MERCOM and persons complying with a MERCOM direction issued with respect to managing an emergency. This immunity would not extend to the obligations and liabilities of shipowners under relevant international conventions and domestic laws related to pollution or other damage. Several other amendments and clarifications to legislation were also agreed.

The ETVs were to be contracted by AMSA and could be called upon by the MERCOM, port authorities, state or Northern Territory governments or the shipping industry in emergencies involving risk of significant pollution. In 2006, AMSA implemented a national emergency towage program. It also appointed the MERCOM as the single national decision‑maker with appropriate statutory powers to act on behalf of the Australian Government during a shipping casualty. Five years later, in 2011, the National Plan was expanded to include maritime casualty response.[70]

In 2012, AMSA’s review of the National Plan and NMERA identified that the 2 would be better integrated into a single document supported by a single IGA.[71] Subsequently that year, the National Plan was retitled as the National Plan for Maritime Environmental Emergencies as it is currently known.[72]

The 2020 edition of the National Plan that was in effect at the time of the incident incorporated the 3 NMERA elements of ETC, MERCOM and powers of intervention as described in the following sections. According to AMSA, the NMERA IGA forms part of the arrangements for the National Plan.[73] The Plan is reviewed every 10 years and AMSA commissioned a review in 2023.[74]

The National Plan implements Australia’s obligations under many international Conventions related to the management of maritime environmental emergencies.[75] The policies, national arrangements and information detailed in the Plan can form the basis for emergency response processes and procedures. Key information derived from the Plan and AMSA’s website is summarised below.

Purpose, principles and scope

The National Plan set out national arrangements, policies and principles for the management of maritime environmental emergencies to provide a comprehensive response regardless of how costs might be attributed or recovered.[76] The Plan’s principles were to:

  • protect the community, environment and maritime industries
  • give effect to relevant international conventions
  • integrate with the Australian Emergency Management Arrangements
  • provide a comprehensive management arrangement
  • provide a single integrated response arrangement
  • implement a risk management approach
  • implement the polluter pays principle
  • provide for stakeholder engagement.[77]

The scope of the National Plan included both potential and actual pollution or harm to the marine environment originating from, among others:

  • marine casualties requiring salvage and intervention
  • emergency towage
  • debris from a casualty
  • physical damage caused by vessels.[78]

The Plan’s geographical scope was the Australian Exclusive Economic Zone.[79] It included offshore islands and territories, and the high seas where an incident had the potential to impact Australian interests. The Plan also applied to internal and coastal waters for which Australian States and the Northern Territory had responsibility.[80]

Governance and management

The National Plan provided a comprehensive approach to emergency management.[81] The document comprised several parts that covered governance and management, and national arrangements to prevent marine pollution incidents as well as to prepare for, respond to and recover from such incidents. The Plan also set out cost recovery arrangements.

Legal and administrative basis

The Plan gave effect to international Conventions that Australia was a party to and included the following:[82]

  • International Convention on Oil Pollution Preparedness, Response and Cooperation, 1990
  • International Convention on Civil Liability for Oil Pollution Damage, 1992
  • United Nations Convention on the Law of the Sea, 1982
  • International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969.

Under the Plan, Australian governments (national and state) were responsible for preparation and response to maritime emergencies within their jurisdictions and certain government agencies had response powers under a range of national and domestic legislation, including the following:[83]

  • Australian Maritime Safety Authority Act 1990
  • Protection of the Sea (Prevention of Pollution from Ships) Act 1983
  • Protection of the Sea (Powers of Intervention) Act 1981
  • Protection of the Sea (Civil Liability) Act 1981
  • Maritime Powers Act 2013.

Plan management

The aim of National Plan governance was to ensure a coordinated, integrated and accountable system was in place to manage maritime environmental agencies.[84] The National Plan Strategic Coordination Committee (NPSCC), comprising senior national and state government officials, was responsible for setting the broad policy direction of the Plan, overseeing its implementation and ensuring the effectiveness of arrangements.[85]

The National Plan was managed by AMSA and its functions included:

  • maintaining the Plan
  • maintaining Commonwealth (government) contingency plans
  • managing the National Response Team, including training and development
  • providing secretariat services for the Plan’s committees and technical groups
  • providing a national response equipment capability
  • coordinating the national training programme
  • managing research and development projects
  • management of trajectory modelling
  • managing the national emergency towage vessel and fixed‑wing aerial dispersant contracts.[86]

The National Plan was underpinned by policies, guidance and scientific, technical and operational advisories and the NPSCC was responsible for the review and acceptance of these documents.[87] The NPSCC was also responsible for ensuring the Plan remained current and effective, and AMSA was required to conduct an annual review of it for the Committee’s consideration.[88]

Roles and responsibilities

Agencies with jurisdictional or legislative responsibilities for maritime environmental emergencies were required to work closely with the ‘control agency or combat agency’[89] to ensure an adequate response.[90] The control agency was assigned by legislation, administrative arrangement, or within the relevant contingency plan, to control emergency response activities, including appointing an ‘incident controller’.[91] Support agencies provided resources, including equipment, personnel and services to the incident management team.[92]

Emergency coordination 

As major emergencies may require significant strategic coordination across governments and stakeholders, nationally and internationally, the Plan provided for the coordination of stakeholders through the application of strategic leadership, coordination across Australian jurisdictions and international governments and processes for the transfer of Control Agency responsibility.[93] An orderly transfer of this responsibility (for example, when the response needed to be upscaled) was considered key to properly managing the emergency.

A nationally significant incident creates additional pressures on the control agency so jurisdictions were asked to support it through the appointment of a senior official to provide strategic leadership and coordination.[94] These officials, referred to as the State Marine Pollution Controller or Coordinator, were expected to assist with communications, situational awareness, strategic coordination and facilitating the Plan and associated emergency arrangements.[95]

Pollution prevention

Arrangements to prevent or minimise pollution due to a maritime casualty and emergency included assignment of responsibilities (shipowner and governments), national emergency towage arrangements, national guidance on places of refuge and an incident management system.[96] Part 3 of the Plan (Prevention of marine pollution incidents) included the subjects outlined below.

Responsibilities

The ship’s owner and master were responsible for taking prompt and effective action to ensure the safety of the ship and cargo, including the engagement of emergency towage, engagement of salvage contractors and effective communication with Australian government authorities on actions being taken to manage the emergency.[97]

Australia was obligated to provide assistance to a ship in accordance with the IMO’s Guidelines on Places of Refuge for Ships in Need of Assistance and Maritime Assistance Services (MAS) previously detailed.[98] The contact point between the ship’s master and the Australian Government for MAS was the AMSA Response Centre (ARC).[99] If the casualty was within the jurisdiction of the Commonwealth Government, AMSA was responsible for managing the emergency.[100] State governments had responsibility when the casualty was within coastal or internal waters.[101]

Response commander

The MERCOM was responsible for the management of emergency intervention issues in response to maritime casualty incidents where there was an actual or potential risk of significant pollution.[102] The MERCOM was appointed by AMSA and was supported by statutory powers under the Protection of the Sea (Powers of Intervention) Act 1981.[103] The MERCOM was required to consider the reasonable views and positions of involved states and stakeholders and the MERCOM’s decisions were to be expeditiously communicated to all relevant stakeholders and fully documented.[104]

Casualty management

The incident management system for maritime casualties was based on the following principles:

  • operational management rests with towage and salvage contractors
  • the system was to be scalable and flexible to meet the demands of the incident
  • Australian governments oversee actions of shipowner, master and towage/salvage contractors
  • the need to facilitate communication among key stakeholders in relation to appropriate action
  • separation of maritime casualty and pollution response functions for significant incidents.[105]

A Maritime Casualty Control Unit (MCCU) was to be implemented for significant events where the MERCOM had assumed control.[106] This was consistent with the principles of the Australasian Inter‑service Incident Management System (AIIMS), which provided for multiple incident management teams.[107]

Emergency towage

The national arrangements for emergency towage capability – ETC were managed by AMSA and supported by jurisdictional arrangements to manage risks within a particular jurisdiction.[108] The Australian coast was strategically divided into 11 regions to deliver ETC on the following basis:

  • level 1 capability – a dedicated ETV in the far north Queensland ETC region
  • level 2 capability – contracted port towage within the 10 other ETC regions that was capable of open water towage operations
  • level 3 capability – vessel of opportunity that could be directed or contracted at the time of the incident to assist or supplement the level 1 or 2 capability.[109]

At the time of the incident, the dedicated ETV (level 1 capability) Coral Knight was stationed in far north Queensland and each region had one or more level 2 capability contracted ETVs based in certain ports (Figure 16).[110]Svitzer Glenrock, based in Newcastle, was the sole level 2 capability ETV serving New South Wales. Only AMSA could activate its contracted ETC and activation requests were governed by its procedures (see the section titled Maritime Assistance Services procedures under National level).[111]

Figure 16: Emergency towage capability arrangements at the time of the incident

Figure 16: Emergency towage capability arrangements at the time of the incident

Source: AMSA (Emergency Towage Capability arrangements as of June 2020)

Place of refuge

The Plan defined a ‘place of refuge’ as one where action can be taken to stabilise the condition of a ship and its cargo, protect life and the environment and reduce hazards to navigation.[112] Agreed national guidance, although optional, advised Australian maritime agencies to provide a place of refuge when necessary and appropriate to protect:

  • the safety of the ship’s crew, passengers and salvage crew
  • the safety of human life in the immediate vicinity of the distressed ship
  • ecological and cultural resources, and marine, coastal and terrestrial environments
  • economic and socio‑economic infrastructure, within the coastal zone and ports
  • the safety of the ship and its cargo.[113]

This guidance included the subjects covered by the IMO guidelines on ‘places of refuge’ previously referred together with additional safety of life considerations.

Preparation, planning and response

The Plan provided for the planning and preparation to respond to marine pollution incidents, with key associated activities including:

  • contingency planning
  • community engagement
  • capability development
  • training
  • capacity building
  • exercises
  • testing and reviews
  • research.[114]

Contingency planning at national, state and regional levels underpinned the National Plan arrangements and each jurisdiction was responsible for establishing contingency plans and ensuring they remained current and effective.[115] National pollution response capability included the National Response Team of qualified and trained personnel, state response teams, and response stockpiles of equipment held nationally, regionally and locally.[116]

Exercises

Exercises were intended to be a core component of preparedness and each jurisdiction was responsible for an effective exercise programme.[117] The national response capability was to be exercised on an annual basis and exercise planning and conduct was required to include national and state level representatives.[118]

Response 

The Incident Management System under the Plan was consistent with AIIMS to provide for multiple incident management teams, and its fundamental principles were flexibility, functional management, management by objectives, unity of command and span of control.[119] The required response was generally required to be based on the following 3 incident levels:[120]

  • Level 1 incidents – generally resolved through the application of local or initial resources only.
  • Level 2 incidents – more complex in size, duration, resource management and risk and may require deployment of jurisdiction resources beyond the initial response.
  • Level 3 incidents – generally characterised by a degree of complexity that requires the Incident Controller to delegate all incident management functions to focus on strategic leadership. Response coordination may be supplemented by national and international resources.

Guidance for incident classification included various general characteristics for each level to support the development of criteria for evaluating the escalation of the response and these criteria were recommended to be embedded in the relevant contingency plan.[121]

The Plan recognised that timely initiation of a response was critical to achieving an effective outcome. Consequently, it stated that a response should be initiated where there was a need to monitor the incident (potential and actual) and implement measures to mitigate its impacts.[122] It also recognised that pre‑emptive or precautionary response operations might be necessary to protect environmental and community interests where local resources might be insufficient, and the principle of over‑escalation when considering the initial response (more effective to scale down than up).[123]

National Plan implementation 

Portland Bay’s propulsion failure and the subsequent emergency unfolded off the coast of New South Wales, initially in waters under Commonwealth (national) jurisdiction and then state waters and involved agencies at both levels.

National level

As AMSA managed the National Plan and controlled the national maritime emergency response arrangements, it had a central role in the response to any maritime emergency. In order to meet its responsibilities in this role, AMSA had developed many procedural and guidance documents, including standard operating procedures and related processes for emergency response and management. Its Maritime Assistance Services procedures directly applied to this incident. In addition, several AMSA guidance publications on casualty management, emergency response and related subjects were relevant and the key ones are summarised in this section.

While Search and Rescue (SAR) arrangements were not part of the National Plan, AMSA used its SAR procedures in its initial response to the incident when attempting to rescue the ship’s crew. These procedures are described first for completeness and to provide the necessary context.

Search and Rescue procedures

At the time of the incident, the SAR procedures and processes were contained in the SAR Operations Procedure Manual covering a comprehensive range of relevant subjects.[124] Some of the broad subject areas addressed in the over 400‑page manual included:

  • coordination of SAR
  • tasking assets and jurisdiction
  • alerts and reporting requirements
  • distress alerts and procedures
  • intelligence gathering
  • search operations
  • rescue operations
  • concluding operations.

The SAR coordination procedures addressed determining the mission controller and their responsibilities, accepting coordination (including air coordination) from another SAR authority, and police coordination. Pre‑emptive tasking of assets, tasking of air assets, tasking assets for maritime and aviation incidents and interacting with police in various jurisdictions were detailed.

The manual detailed reporting requirements and the action required on receipt of notifications and distress alerts. Procedures to respond to and manage a distress situation were covered in detail and included flow charts.

Procedures to gather intelligence and information about the incident and situation were provided. Maritime intelligence gathering sections included potential sources such as police, VTS, other vessels and ship agents. Other sections covered interacting with State Police, Maritime Border Command, Australian Defence Force and volunteer marine rescue groups.

An entire section was devoted to operational risk management, including identification, analysis, likelihood assessment, evaluation and risk treatment. Nine broad categories of response mission risk profiles were defined. Recording, monitoring and internal reporting requirements were also provided.

Sections on SAR addressed those operations in detail based on the location and transport mode. Tasking and utilisation of aviation and maritime assets and various considerations were detailed. A section on concluding SAR operations included procedures for asset debriefing, cancellation broadcasts, notifications, final situation reports and formal debriefs.

Maritime Assistance Services procedures

At the time of the incident, the Maritime Assistance Services (MAS) procedures comprised a series of inter-related procedures on a range of relevant matters and subjects.[125] These included subjects covered by the IMO guidelines on MAS and places of refuge for ships previously referred and the National Plan, including the NMERA elements of emergency towing vessels (ETV), powers of intervention and MERCOM. Some of the 32 broad subject areas addressed by the MAS procedures included:

  • assessing the severity of incidents
  • monitoring and transitioning to a complex incident
  • managing incidents, including communication and jurisdiction
  • jurisdictional matters under the National Plan
  • response and transition to/from Incident Management Team
  • command and control
  • emergency towage.

When the AMSA Response Centre or ARC (JRCC operates within the ARC) was notified of an incident, the actual or potential severity level of the incident (levels 1 to 5) was to be determined in accordance with a severity matrix (Appendix B). The ARC monitored a severity level 1 (negligible) or level 2 (minor) incident to confirm that the ship’s master and owner were managing it appropriately. Where there was concern that their actions would not ensure the safety of the ship, its crew and the environment, the ARC was required to escalate the incident to level 3 (moderate) and trigger a transition to establishing an incident management team (IMT).

Severity levels 3, 4 and 5 (moderate, major and severe incidents, respectively) were defined as complex incidents and were to be managed by an IMT. The severity matrix included guidance on the proportionate and reasonable response that could be necessary based on the incident severity level. For example, a machinery failure that affected the ship’s safe navigation with a low likelihood of rectification within 6 hours and moderate risk for environmental damage would be categorised as a level 3 incident. The matrix indicated that this might require warning the master on possible use of the powers of intervention, alerting the nearest ETV, potential for a place of refuge request, potential deployment of an AMSA maritime casualty officer (MCO) and the possibility of requests from the impacted state(s).

A similar incident scenario to that above, but without prospect of recovering the machinery and a major risk to the environment, was defined as a level 4 incident. The matrix indicated the response would probably include invoking the powers of intervention, tasking the nearest ETV, a place of refuge request, deployment of an MCO and a request from the impacted state(s). If there was no prospect of recovering machinery and critical systems with severe pollution, the incident would be defined as severity level 5 and necessitate all response activities, including invoking the powers of intervention and the immediate tasking of the nearest ETV.

The procedure defined a ‘maritime casualty’ as:

  • a collision, grounding or stranding
  • fire or explosion
  • cargo movement or stability issues
  • flooding
  • other navigational incident
  • other occurrence resulting in material damage (or imminent threat of damage) to a ship or cargo
  • a ship‑related incident causing or likely to cause, environmental damage due to the loss or potential loss of fuel, cargo or other harmful substances.

In practice, all these types of casualties would be severity level 3, 4 or 5 incidents.

The procedure stated that a maritime casualty is likely to require coordination by the MERCOM. It also stated that under the Protection of the Sea (Powers of Intervention) Act 1981 (POI Act), the MERCOM had the power to take measures that might be necessary to prevent, mitigate or eliminate the risk of significant pollution, including the power to direct a port to release a tug or designate a place of refuge for a ship in emergency situations which presented a risk of pollution (Appendix C). The MERCOM was required to determine AMSA’s preferred response based on the available information and options, which included tasking of an ETV, invoking the POI Act, assessing requests for places of refuge, deploying an MCO, establishing an IMT and tasking of an aviation asset.

Where the MERCOM designated a casualty to be significant or potentially significant requiring broader ongoing management, an IMT was to be established and an incident controller appointed with responsibility for ensuring that the incident was managed in accordance with the National Plan. An IMT would generally have included the MERCOM, ARC duty manager, MAS subject matter expert, pollution advisors, AMSA legal counsel, external salvage expert and delegates of impacted state(s).

Under the National Plan, AMSA had jurisdiction in Commonwealth waters (seaward of 3 miles, except in the Great Barrier Reef Marine Park), which extended to the high seas and as far as the continental shelf (generally up to 200 miles). If a casualty occurred in waters under its jurisdiction, AMSA was required to assume control if the ship master and owner were not discharging their responsibility to effectively manage the casualty in a timely manner and/or to protect the environment and the community. Similarly, AMSA would assume control of a casualty in state jurisdiction if requested by state authorities or if appropriate action to manage it was not being taken.

The procedure covered the subject of a disabled ship’s drift in some detail, including creating drift models to manage the risk of it grounding or stranding. This information was complemented by guidance on AMSA’s emergency towage arrangements, including contractors and ETV locations, the tasking of ETVs and related considerations of commercial towage and salvage arrangements.

The master or owner of a ship requiring assistance were expected to make every possible attempt to enter a commercial towage or salvage agreement to ensure safety. If an agreement was not reached on who should pay, or the cost, then the MERCOM was required not to delay tasking of an ETV. In an urgent situation, the MERCOM could use the powers of intervention to direct that the casualty took a tow line from an ETV to stabilise it and, if necessary, be towed away from danger. This was stated to be the primary operational role of an ETV until being relieved by a tug(s) deployed under a commercial arrangement. Where a tug was already in attendance, or available and time permitted, the master or owner could choose it instead of an AMSA‑tasked ETV (subject to any directions issued by the MERCOM).

The procedure provided for ETV activation in 2 phases: Alert and On Task. The Alert notification provided the ETV with awareness of potential deployment and time to prepare. The On Task direction required the ETV to prepare to depart as soon as practicable within the required response time. The 2 phases were not intended to be used in sequence as an On Task direction might be the appropriate first course of action in some cases.

The procedure indicated that level 1 and level 2 ETC services were provided by Australian Maritime Systems Group (AMSG), Svitzer Australia (Svitzer), Smit Lamnalco and RiverWijs Marine under separate contracts with AMSA. The ETC level 1 service provider, AMSG, provided the dedicated level 1 ETV. Svitzer was identified as the provider of 8 of the 11 contracted level 2 ETC vessels, including one designated vessel for New South Wales based in Newcastle. The map of the ETC regions and ETVs (Figure 16) was included. The ETC level 3 assets were to be sourced from harbour towage, offshore support and anchor handling vessels as required and there was no contract for such vessels of opportunity.

The ETC level 1 and 2 assets could only be activated by AMSA as per the terms of their contracts and any requests for activation were to be made in accordance with internal AMSA procedures,[126] whereas NMERA had foreshadowed in 2008 that ETVs could be called upon by MERCOM, port authorities and others (see the section titled Overview of national arrangements). Each ETC provider’s contract included joint standard operating procedures to address the requirements for availability, command and control, operational role, activation procedures, first strike response and communications (see the section titled Emergency towage services contract under Svitzer Australia).

The MAS procedures included the following annexes and attachments containing standard forms, checklists and other useful information and guidance:

  • assessment tool for decision to issue a direction to the shipowner under the POI Act
  • standard form to issue a direction to the owner, master, salvor or any other person
  • checklist for collecting information for a maritime casualty
  • checklist for casualty information and intelligence sources
  • checklist for casualty monitoring
  • critical equipment systems checklist
  • considerations for hazardous situations.

The various checklists included the necessary prompts to collect and record information required for emergency response and management of any casualty, including mechanical failure and stranding. Propulsion was the first item in the safety critical equipment list and the main engine and its components were listed at the top of the critical equipment list.

The table listing considerations for hazardous situations included the potential accident type, consequences, associated system failure, mitigation system and redundancy and alternate process. For example, a potential accident due to a loss of propulsion was identified as a grounding with consequential harm to the environment and human life.

Casualty management guidance

The scope of AMSA’s National Maritime Casualty Management Guidance encompassed the response to a maritime casualty as defined in the National Plan.[127] This concise publication noted the national arrangements in place (ETC, MERCOM and powers of intervention) and its 2 main sections addressed the subjects of casualty management responsibilities and casualty response.

In terms of casualty management responsibilities, the guidance stated that the National Plan set out arrangements, policies and principles for the management of environmental emergencies, including casualties. Five key principles of casualty management were identified as:

  • shipowner’s (and salvage or towage contractor) responsibility for operational management
  • responsible agency to oversee shipowner, master, salvor and towage contractor actions
  • scalable and flexible casualty management system to meet demands of the incident
  • in significant incidents, provide separation of casualty and pollution response
  • facilitating communication among key stakeholders for appropriate action.

The guidance reiterated the need for the responsible agency to assume control where the ship’s owner and/or master were not discharging their responsibilities and/or to protect the environment and community. National Plan jurisdictional responsibilities and zones were described, including that the responsible agency could request AMSA to assist or to manage the casualty.

Casualty response guidance included the organisation of a response and the different involved roles. It was recommended that the responsible agency establish a maritime casualty incident management team (MCIMT) to coordinate and strategically manage a significant incident. A summary of the role and powers of the MERCOM and establishment and functions of a maritime casualty control unit (MCCU) was also provided.

The guidance included an overview of the response options available to prevent, mitigate or eliminate a casualty. Responsible state (or Northern Territory) agencies were asked to seek AMSA assistance when required, including where an ETV was required to assist the casualty or MERCOM powers considered necessary for a place of refuge request. An overview of the powers of intervention legislation and summary of national emergency towage capability was included. Notwithstanding the primary role of an ETV to stabilise a casualty, its capability to preserve life, prevent or mitigate pollution, assist with firefighting and provide towage to a place of refuge were reiterated. Guidance on places of refuge referred to the national guidelines on the subject (see the section titled Place of refuge guidelines under National level).

This guidance document captured all the relevant key components of the National Plan.

Emergency management handbook

The Complex Maritime Emergency Management handbook published by AMSA provided useful information and guidance to manage casualties and noted that these could range from collisions to offshore spills.[128] The handbook stated that it should be read in conjunction with the National Plan. A complex maritime emergency was defined as a large‑scale and multi‑faceted event that exceeded the resources of a single jurisdiction and posed distinct threats to community safety, the economy, and the environment.

The stated purpose of the handbook was to provide planning guidance and context to users across jurisdictions towards establishing an agreed, structure and coordinated response to a complex emergency. It contained sections that provided high‑level guidance on several essential subjects. These included complexities of the maritime sector, planning (principles, strategies and priorities), coordination (accountabilities, resourcing and governance) and preparedness (training, exercises and lessons management). The handbook’s intended audience included casualty and pollution response control agencies, executives and managers (governments and industry), executive crisis teams and emergency planners.

Information on the complexities of the maritime sector addressed the topics of marine insurance, ship ownership and registration, salvage, legislation and legal considerations. The key principles of planning were summarised, including collaboration and knowledge sharing, addressing any stakeholder capabilities and limitations, willingness to operate in concurrent and connected domains and distributing control in ambiguous operating environments. These principles were stated to complement those for an agile and scalable, adaptable response that was timely and outcomes based. Strategic priorities, starting with protecting human life were spelt out, and the levels of planning (local, state and national) were described, including cross‑sectoral and cross‑jurisdictional challenges.

The section on coordination addressed accountabilities, resourcing and integrated response. The key concepts of integrated governance were stated to be communication, coordination, collaboration and integration, which were to be applied with flexibility including the ability to adapt and respond to evolving events and information. Integrated governance for a complex emergency across agencies was to provide for:

  • transparency and information sharing
  • effective issue resolution and decision‑making
  • defined reporting lines
  • agreed notification and escalation pathways
  • avenues for stakeholder engagement
  • clearly defined objectives
  • established workstreams / lines of effort
  • standardised communications.

The handbook included examples of complex emergencies, presented in summary form as guidance. It emphasised the importance of preparedness through training, exercises and learnings and provided important principles for exercises and workshops, decision‑makers and responders.

The handbook complemented the Casualty Management guidance and National Plan.

Place of refuge guidelines

The National Maritime Places of Refuge Risk Assessment Guidance published by AMSA was intended to provide national and state‑level agencies guidance to inform and expedite the decision‑making process in the determination and allocation of a place of refuge.[129] This publication covered all relevant subjects, including requests for a place of refuge, decisions, management issues and powers of intervention at the national and state level.

The guidance described different maritime zones, circumstances for seeking refuge, reasons to provide a place of refuge, process for requesting refuge, granting a request and the MERCOM’s overriding authority. The implications of refusing a request and the handover process between jurisdictions were also addressed. Detailed guidance about the powers of intervention, liability and indemnity was included.

The publication included useful flowcharts, checklists, forms and templates to assist with making requests, assessing risk, making decisions and issuing a directions notice under national or state‑level legislation.

Annual exercises

As previously noted, it was a requirement to exercise the National Plan on an annual basis. Exercises conducted during the 7 years before this incident are summarised below.

In 2015, Exercise Westwind, a 2‑phase exercise to simulate a response to a level 3 (the highest level) emergency by the Australian and Western Australian governments and the offshore oil industry was conducted. Phase 1 was in Canberra on 27 and 28 May while phase 2 was in Perth and Exmouth, Western Australia, from 8 to 12 June. Objectives included exercising: National Plan arrangements in a multi‑jurisdictional, cross‑sectoral setting; strategic interaction operational management of a multi‑agency, multi‑jurisdictional and cross sectoral incident control centre, and tactical deployment of resources and response personnel.

In 2016, Exercise Nautical Twilight, was conducted in 3 phases across September in New South Wales. Phase 1 simulated the NSW IMT working with a MCCU and MERCOM to respond to a shipboard hazardous and noxious substance (HNS) incident with a request to discharge the HNS in a port in New South Wales. Establishing an MCCU, assessing its structure and fitness for purpose and applying refuge guidelines were practised. Phase 2 involved a multi‑agency response to a shipboard fire in Newcastle, including establishing an incident control centre and incident action plan. The effectiveness of multi‑agency functionality, NSW personnel capability and NSW HNS recovery arrangements were assessed. Phase 3 tested the national HNS response capability and fitness for purpose of the HNS reconnaissance team.

In 2017, Exercise Constant Bearing, was conducted in Adelaide, South Australia (SA), from 5 to 7 December to evaluate the state’s response to an oil spill in its waters. The objectives were to strengthen understanding of a level 3 spill consequences, enable response and recovery, use the National Plan for interaction between national and state participants and enable engagement between the SA IMT, industry and state emergency arrangements.

In 2018, Exercise Torres, a multi‑agency, multi‑jurisdictional response to an oil spill in the Torres Strait was conducted in 2 phases. Phase 1, conducted in Cairns, Queensland, on 1 and 2 August, aimed at developing strategic consequence management, community engagement and communication arrangements and strategies of the National Plan and Queensland arrangements for a level 3 spill. Phase 2, conducted from 17 to 21 September, aimed to test spill response arrangements in the Torres Strait.

Annual exercises, AMSA advised, were not conducted in 2019, 2020 and 2021 due to the impact of the COVID‑19 pandemic.[130] According to AMSA, an exercise conducted a few months after the incident in 2022 was planned in advance of pandemic restrictions lifting because their impact on ‘national preparedness’ had been recognised.

Staff training and experience

Four AMSA officers were directly or closely involved with the response to this incident. Two officers from its Response Division and the MERCOM, all based in Canberra, interacted with the Port Authority incident controller (IC) and other stakeholders. An officer from AMSA’s Operations Division in Sydney was its liaison officer in the New South Wales IMT and interacted directly with the IC and team members.

Both officers from the Response Division had completed training in AIIMS and emergency management. The officer that performed the role of AMSA’s incident controller had undertaken such training from time to time since 2005. The officer who performed the response advisor role had completed 2 relevant courses in 2021.

The MERCOM had completed several training courses in emergency management, including AIIMS, since 1997. This training had been undertaken while employed in various senior roles with the State Emergency Services in New South Wales. Before joining AMSA as the Executive Director of the Response Division in December 2018, the MERCOM had more than 30 years of emergency management experience.

The liaison officer was a very experienced AMSA marine surveyor and former seafarer but had not completed AIIMS training before the incident.

State level

Under the National Plan and relevant New South Wales legislation and plans, 2 separate maritime agencies were responsible for managing an emergency response in the state’s coastal and inland waters.

Maritime agencies

Transport for NSW was the state Government’s lead regulatory agency responsible for strategy, planning, policy, regulation and other non‑service functions for all modes of transport. Within Transport for NSW, the operational area responsible for maritime matters was NSW Maritime, which for all practical intents and purposes, was the maritime regulator.

The maritime regulator did not operate or manage the 6 principal ports in New South Wales, which had been progressively privatised. In 1995, the 3 port corporations of Newcastle, Port Kembla and Sydney took over the ownership and operation of the ports of Newcastle, Port Kembla, Sydney and Port Botany. The ports of Eden and Yamba were transferred to Sydney Ports Corporation in 2011. The landside port assets (such as wharves) of Port Botany and Port Kembla were privatised in 2013 and those of Newcastle in 2014.

In 2014, the 3 port corporations were amalgamated into the single state‑owned corporation, Newcastle Port Corporation (NPC) trading as Port Authority of New South Wales (Port Authority). The state Government issued NPC a Port Safety Operating Licence (PSOL) to operate the state’s 6 principal ports. Under the PSOL, the Port Authority was required to manage the navigation, security and operational safety needs of commercial shipping in these ports (see the section titled Port Safety Operating Licence under State level).

Under state legislation and various plans, Transport for NSW and the Port Authority were jointly, and separately in different roles, responsible for managing various types of emergencies, including incidents involving ships and/or pollution.

Legislation and plans

The State Emergency and Rescue Management Act 1989[131] (SERM Act) set out the general legal and governance framework for emergency management across New South Wales. The SERM Act required a State Emergency Management Plan to ensure a coordinated response to emergencies by all the involved responsible agencies.

The New South Wales State Emergency Management Plan was in effect at the time of the incident.[132] The Plan’s stated aim was to describe the state’s approach to emergency management, the governance and coordination arrangements and the roles and responsibilities of responsible agencies. This state‑level plan, also known as the state EMPLAN, had the following objectives:

  • provide clarity as to command and control, roles and coordination of functions in emergency management across all levels
  • emphasise risk management across the full spectrum of prevention, preparation, response and recovery
  • emphasise community engagement in the development and exercise of plans as well as in their operational employment
  • ensure that the capability and resourcing requirements of these responsibilities were understood.[133]

The state EMPLAN was supported by hazard‑specific sub‑plans and functional area supporting plans at state, regional or local levels (Figure 17). The supporting plans were prepared by state government agencies or functional areas. Sub‑plans were prepared when arrangements to deal with a hazard, critical task or special event differed from those set out in the main or supporting plan for the area.

Figure 17: Legislative and planning framework for emergency management

Figure 17: Legislative and planning framework for emergency management

Source: NSW EMPLAN, paragraph 305

The state EMPLAN stated that functional areas represent key sectors and support a ‘combat agency’, which was defined as the ‘agency responsible for controlling the response of a particular emergency’. A ‘lead agency’ was defined as one that ‘has overall leadership in a given situation’, which could be a combat agency, a functional area or another agency.

While the SERM Act did not reference the National Plan, the state EMPLAN acknowledged that the ‘Commonwealth is responsible for a number of national plans’. The state EMPLAN identified certain emergencies, including hazardous material incidents and emergencies in inland or state waters and marine oil and chemical spills.[134] Annexure 3 of the state EMPLAN identified the agencies with specific control responsibilities for each type of emergency. The ‘relevant port authority’ was responsible for hazardous material occurrences in state waters while responsibility for ‘marine oil and chemical spills’ was assigned to the Roads and Maritime Authority (the predecessor of Transport for NSW)[135] or the Port Authority of New South Wales. The NSW Coastal Waters Marine Pollution Plan,[136] a sub‑plan of the state EMPLAN, detailed the specific responsibilities of both agencies for marine spills.

The NSW Coastal Waters Marine Pollution Plan (commonly known as the NSW Plan) was also a sub‑plan of the National Plan. Transport for NSW (NSW Maritime) was the statutory agency for New South Wales (as defined in the National Plan) with responsibility for ensuring that the state was prepared for and could respond appropriately to an incident in New South Wales coastal waters (in accordance with the NSW Plan). The stated aim of the NSW Plan was ‘to outline the arrangements to deal with marine oil or chemical spills and maritime incidents, such as groundings, collisions, disabled vessel or fire on a vessel that could result in an oil or chemical spill into the coastal waters of NSW’. Coastal waters were defined as ‘those waters seaward for 3 nautical miles’ and included several harbours, ports and rivers listed in the NSW Plan.

An important inclusion in the scope of the NSW Plan required ‘procedures to ensure that the NSW Government’s resources were integrated with the National Plan and effectively mobilised in the event of a maritime incident in or adjacent to NSW coastal waters’. The typical sequence of responding to an incident (in summary) included:

  • notification to agencies
  • initial assessment of distribution of information to relevant agencies
  • establishment of an incident control centre and incident management team using AIIMS
  • an extensive list of actions (safety of life, pollution prevention, salvage matters etc.)
  • termination of response.

A section of the NSW Plan identified necessary notifications based on AIIMS incident levels 1, 2 and 3. The list of the agencies that were to be notified included the Port Authority, NSW Maritime and AMSA. The guidance stated: ‘shipping incidents less than 20 nautical miles offshore should be treated as a potentially significant incident’ (that is, level 2 or 3). It was further stated that the initial response would depend on the location of the incident that might lead to a spill and, where the incident or emergency was in Commonwealth waters (more than 3 miles offshore), AMSA was the initial ‘combat agency’[137]. A notification sequence flow chart was provided, which required AMSA to be notified if the incident or emergency was more than 3 miles offshore (Figure 18).

Figure 18: Notification sequence for reporting a spill incident or emergency

Figure 18: Notification sequence for reporting a spill incident or emergency

Source: NSW Coastal Waters Marine Pollution Plan, page 28 

The NSW Plan stated that the aim of responding to an incident was to minimise damage to the environmental and socio‑economic resources and reduce the time for recovery. It was noted that as each incident or emergency was different, the Plan must be flexible in its implementation to respond in the most effective and timely manner. A map titled ‘regions and their boundaries for the purposes of notification and response’ allocated the area between Gerroa (located south of Port Kembla) and Fingal Head (located north of Newcastle) to the Port Authority (Figure 19).

Figure 19: Regions and their boundaries for the purposes of notification and response

Figure 19: Regions and their boundaries for the purposes of notification and response

Source: NSW Coastal Waters Marine Pollution Plan, page 8

The NSW Plan stated that the Ports and Maritime Administration Act 1995 (NSW) described the Port Authority’s ‘port safety functions’ as including ‘providing or arranging emergency environment protection services for dealing with pollution incidents in relevant waters’. It further stated that the PSOL set out emergency response requirements for the Port Authority, including responding to incidents as required by the NSW Plan or the relevant state emergency management plans in the area of operations set out in appendix 2 of the PSOL. The detail in that appendix replicated the map in Figure 19 (see the section titled Port Safety Operating Licence under State level).

Where an incident or emergency occurred outside the 3‑mile limit, but the ship was likely to enter coastal waters, AMSA had to make a request to the state’s Marine Pollution Controller (MPC) for New South Wales to assume responsibility for the incident. The MPC (an NSW Maritime officer) would, in consultation with the Port Authority, determine which of the 2 agencies would take the combat agency role. The other agency was required to take on a support agency role. Their respective responsibilities in these roles were defined. Where NSW Maritime was the combat agency, it was required to:

  • provide an incident controller
  • provide trained response staff to fill AIIMS positions to control the response
  • make available emergency response equipment under its control
  • provide trained equipment operators
  • notify the appropriate agencies and higher control within the agency
  • establish an incident control centre from which the incident would be controlled.

The Port Authority’s responsibilities as a combat agency were the same as those listed above. Additionally, it was required to provide additional staff if needed in smaller ports. When supporting the combat agency, the Port Authority was required to:

  • provide trained emergency staff
  • make available emergency response equipment under its control
  • provide a liaison officer if required.

Where NSW Maritime was supporting the combat agency, its responsibilities were the same as those listed above for the Port Authority. As the state’s statutory agency under the National Plan, its responsibilities included assisting the incident controller in coordinating resources from NSW Maritime, the Port Authority and AMSA (if requested), and supporting the MPC when monitoring or supporting the response to an incident or emergency.

The NSW Plan stated that as part of National Plan arrangements, all combat agencies for maritime incidents had agreed to use AIIMS to control and manage the incident/emergency response. The incident controller was generally responsible for incident activities, including the development and implementation of strategic decisions and for ordering and releasing resources. Specific responsibilities included:

  • assume control
  • assess the incident/emergency
  • conduct initial briefing
  • advise NSW Maritime, Port Authority and AMSA
  • activate AIIMS elements and appoint staff
  • conduct planning meetings
  • implement incident action plan (IAP)
  • control incident operations and review IAP, and
  • authorise additional resources and release requests.

The NSW Plan contained guidance on important subjects, including the role of the MERCOM, powers of intervention, places of refuge, salvage and ETVs under NMERA. The Plan was maintained by NSW Maritime and it was required to exercise it annually, ensure sufficient staff were trained for spill response and clean up and to provide necessary training. In addition, NSW Maritime contributed to the National Plan, including pollution response equipment located in the state. The Port Authority and NSW Maritime maintained response equipment stockpiles.

As a shipboard fire at sea or in port may involve hazardous material (pollution), the NSW Plan referred to the guidelines to respond to such incidents using a multi‑agency incident control team (MAICT) approach. The Plan indicated that these guidelines complemented a memorandum of understanding (MoU) between the Port Authority, NSW Maritime and Fire and Rescue New South Wales (FRNSW) to respond to hazardous materials incidents in inland and state waters.

Inter‑agency memorandum of understanding

In 2010, a 5‑year inter‑agency MoU in relation to hazardous materials incidents in inland and state waters was agreed between the New South Wales Fire Brigades (NSWFB), the regulator (NSW Maritime) and the 3 separate port corporations of Newcastle, Sydney and Port Kembla.[138] The Fire Brigades Act 1989 (New South Wales) defined a ‘hazardous materials incident’ as ‘an actual or impending land‑based spillage or other escape of hazardous materials that causes or threatens to cause injury or death or damage to property’. This definition was extended in the context of the MoU to include ‘water‑based spillages’.

The MoU referred to the SERM Act and various state emergency plans, including the NSW State Waters Marine Oil and Chemical Spill Contingency Plan, as the NSW Plan discussed above was titled at that time. The MoU set out the roles of NSWFB, NSW Maritime and the port corporations for responding to a hazardous materials incident either as the combat agency or the supporting agency based on incident location (MAICT approach). It also defined their responsibilities in these roles.

In inland waters, NSWFB would be the combat agency and NSW Maritime and one of the port corporations (depending on location) would be supporting agencies. Conversely, the combat agency in state waters would be either NSW Maritime or a port corporation (again location dependent) and NSWFB would be the supporting agency. The areas of responsibility in state waters to determine the combat agency were the same as those that existed at the time of this incident (Figure 19).

The MoU was intended to define roles when responding to pollution incidents where NSWFB was, or likely to be, involved as the combat agency. The MoU did not describe a situation where either NSW Maritime or a port corporation was the combat agency and the other a supporting agency.

The ‘expiry date’ of the 2010 MoU was 5 years from its commencement, unless terminated earlier. No provision to extend it had been documented. When the MoU expired in 2015, it was not formally renewed or renegotiated. In the years since it expired, the legal teams of the 3 parties to the MoU had attempted to redraft the document and formalise the MoU.

At the time of the incident, the original 2010 version of the MoU continued to be used informally by the relevant agencies, albeit under different names, on the understanding that its terms applied in practice where appropriate.

Port Safety Operating Licence

At the time of the incident, the Port Safety Operating Licence 2019–2024 (PSOL)[139] governed the Port Authority’s operations. The stated purpose of the PSOL was to detail the required port safety functions, performance standards, quality assurance and applicable terms and conditions. Key requirements of the licence included risk assessments for port safety functions specified in the legislation for all 6 ports and safety management systems. The functions that were particularly relevant to this incident included VTS, emergency response and towage services licensing.

The Port Authority was required to provide a 24/7 VTS in Port Kembla, Botany Bay, Sydney and Newcastle. A port communications service was required for the smaller ports of Eden and Yamba. Appropriate procedures for these services had to be implemented and maintained.

The PSOL assigned responsibility for emergency response to port‑related emergencies within port boundaries to the Port Authority. Appendix 1 of the licence included maps of the boundaries of all the ports. Botany Bay boundaries extended along a 4‑mile radius centred on Henry Head at the bay’s northern entrance and Sydney Harbour boundaries extended along a 4‑mile radius centred on Hornby Lighthouse at the harbour’s southern entrance (Appendix D).

These boundaries meant that waters within Botany Bay and Sydney Harbour and a few miles from the ports’ entrances were the Port Authority’s licensed areas of operation. The Port Authority’s VTS, harbour master’s directions and towage licence system described in the following section would have been operable or enforceable within these boundaries.

Section 11 of the licence was titled Emergency Response and listed the following requirements:

  • The licensee must respond to port‑related emergencies, in accordance with the licensee’s role in the relevant NSW emergency management plans, within the areas of operations set out in appendix 1.
  • The licensee must respond to incidents as required by the NSW Plan and the response guidelines, or the relevant NSW emergency management plans, in the area of operations set out in appendix 2.
  • The licensee shall comply with the emergency response requirements set out in appendix 5.

Appendix 2 of the licence replicated the regions and boundaries map from the NSW Plan for notifications and response purposes (Figure 19) and was titled ‘area of operations for out of port oil and chemical spill responses’ to show the separate areas within coastal waters that were allocated to the Port Authority and NSW Maritime. Most of these waters lay outside port boundaries, where the Port Authority’s towage licence system and VTS operated.

In addition, the licence referred to the National Plan, NSW Plan, Port Authority emergency response plan and other relevant plans. Appendix 5 (Emergency Response) of the licence outlined response capability, response plans and response time, assistance to other agencies and exercises.

The Port Authority was also responsible for promoting the provision of safe and efficient towage services in Port Kembla, Botany Bay, Sydney and Newcastle. This requirement was to be met by implementing a ‘towage licence system’ to license third party towage providers in these 4 ports.

Towage licence system

The Port Authority had implemented a ‘towage licence system’ to license towage providers that met licensing requirements. During the emergency response to this incident, harbour tugs from Port Botany were deployed and relevant requirements from the ‘Port of Botany Bay unrestricted towage licence’[140] are described below.

Clause 5 of the Botany Bay unrestricted towage licence required the towage provider to provide emergency services 24 hours a day every day of the year in accordance with ‘schedule two’ of the licence. The provider was required to have at least 4 omnidirectional tugs with a bollard pull (BP) of not less than 55 tonnes. Schedule two required all tugs in a provider’s minimum tug fleet to be available to respond to an emergency within the applicable response time. The applicable time for a manned emergency tug was 15 minutes, 2 hours for any other tug and 24 hours for an ‘ocean towing’ tug.

An ‘ocean towing’ tug was defined in schedule two as one that was capable of safe ocean towing, equipped with an aft tow winch and towline suitable for emergency towage, and meeting survey standards for a Class 2B vessel.[141] The emergency tug specifications in the schedule defined an emergency tug as an ocean towing tug with a minimum fire‑fighting capacity of not less than 600 m3 per hour with a range of 80 m and a water deluge system. One tug in a provider’s minimum fleet had to meet the emergency tug specifications.

A harbour tug from Sydney Harbour (Port Jackson) was also deployed in the emergency response and, as such, requirements from the ‘Port of Sydney Harbour unrestricted towage licence’[142] were also relevant. In many respects, the requirements in the unrestricted towage licences for Sydney Harbour and Port Botany were the same or similar, but with some important differences.

Clause 5 of the Sydney Harbour licence and Port Botany licence was the same but schedule two of the licences were significantly different. Two omnidirectional tugs with a minimum BP of 45 t were required for Sydney Harbour and one tug had to meet the emergency tug specifications. The specifications required the emergency tug to have firefighting capability but an ‘ocean towing tug’ was not required. The response time for a manned emergency tug was 60 minutes and 2 hours for any other tug.

Annexure one of the towage licences for Port Botany and Sydney Harbour defined the boundaries of the ports by replicating the maps included in the PSOL. As such, the Port Authority could direct a towage provider’s tugs, including emergency tugs, within the port boundaries that extended about 4 miles for the port entrances.

The towage licences did not refer to the National Plan or the emergency towage vessels (ETVs) defined in the Plan. The emergency tug specifications under the licences were not the same as those for AMSA‑contracted ETVs (see the section titled Emergency towage services contract under Svitzer Australia). As such, the harbour tugs in Port Botany and Sydney Harbour were ‘vessels of opportunity’ under the National Plan.

Port Authority procedures

The safety management systems (SMSs) of Port Authority‑managed ports included incident and emergency response plans and procedures to meet its obligation to comply with the NSW Plan and its PSOL. The following documents from the Port Kembla, Port Botany and Sydney SMSs were relevant and were used to respond to the incident:

  • Port Kembla Marine Oil & Chemical Spill Contingency Plan, 2021[143]
  • Incident Management Procedure, 2021[144]
  • Sydney Harbour and Port Botany Marine Emergency Response Plan, 2021[145]
  • Port Kembla Emergency Response Plan, 2021[146]
  • Pollution Response Plan Botany, 2022[147]
  • Pollution Response Plan Sydney, 2022[148]
  • VTS Operations Procedure, Marine Pollution, 2021[149]
  • VTS Operations Procedure, Marine Pollution Prompt, 2021[150]
  • Marine Pollution Emergency Checklist (VTS Operations Procedures), 2021[151]
  • Emergency Response Checklist – First Strike Oil Spill (Sydney & Port Botany), 2020[152]

The Port Kembla Marine Oil & Chemical Spill Contingency Plan derived much of its content from the 2012 version of the NSW Plan. This comprehensive document stated that the Plan had been established under the authority of the IGA between the National Plan and NSW Plan (2012). The Plan referred to the National Plan, AMSA, intervention and salvage but did not describe the role of MERCOM. Its stated aim was to outline the response arrangements for spills and potential spills in Port Kembla’s boundaries and it specified that the Port Authority was the combat agency in state waters defined in the NSW Plan.

The stated purpose of the Incident Management Procedure was to establish a common basis for incident management. The scope referred to incidents as defined in AIIMS and the procedure was intended to cover different incident types, including those that the Authority was obliged to respond to or where its staff were called to intervene, indicating a broad scope.

The procedure referred to the 5 fundamental AIIMS principles of flexibility, management by objectives, functional management, unity of command and span of control. An outline of applying these principles was provided followed by guidance on the following subjects:

  • incident notification (requirements)
  • incident controller (tasks and responsibilities)
  • incident management team (team functions and tasks)
  • incident classification (characteristics, processes and notifications for the 3 incident levels)
  • reporting to external agencies
  • location for incident management (the control centre)
  • incident action plan (functions of a plan and items to consider for inclusion)
  • incident conclusion (the process)
  • debriefing (for learnings and improvements)
  • incident investigation (if considered necessary).

The Sydney Harbour and Port Botany Marine Emergency Response Plan stated that it had been developed in accordance with the EMPLAN, NSW Plan, Sydney Harbour Marine Emergency Plan and the MoU between the Port Authority, NSW Maritime and FRNSW. The Plan was developed to comply with relevant New South Wales legislation and the PSOL and its scope covered both marine incidents and port sites where the Port Authority had safety oversight. Guidance to respond to incidents and emergencies such as groundings, collisions and fires was outlined. The Plan was intended to complement various other plans and procedures, including the Incident Management Procedure above.

The Port Kembla Emergency Response Plan was similar to the plan for Sydney described above with the same key details, including references to the same legislation and higher‑level state plans.

The Port Botany and Sydney pollution response plans were the same in several key respects with their respective geographical scope focused on specific sites in each port and certain pollutants handled there. Both plans referred to the higher‑level state plans, legislation, PSOL and MoU referred to above.

The VTS Operations Procedures, Marine Pollution, and Marine Pollution Prompt, respectively, were complimentary documents. The procedure was intended to ensure compliance with the PSOL, NSW Plan and the related Port Kembla plan. Its stated scope was Port Kembla VTS and the related prompt was intended as an aide‑mémoire for the VTS operator. The prompt covered subjects such as notifications required (including informing AMSA if the incident was outside state waters and FRNSW if in inland waters). A map with the Port Authority’s area of responsibility in coastal waters was provided and guidance on information to be obtained and logging events was included.

The Marine Pollution Emergency Checklist provided an extensive checklist and guidance on immediate response actions for Sydney VTS, including required notifications. Harbour master and VTS manager actions included setting up an IMT if the incident was in the Port Authority’s area of responsibility and, if outside state waters, informing AMSA. A template for an event log was included. The Emergency Response Checklist (First Strike Oil Spill) for Sydney and Port Botany referred to the NSW Plan (2016 version) and provided a list of information to be collected, checks to be completed and an event log template.

These Port Authority plans and procedures collectively contained enough information to enable compliance with the NSW Plan and National Plan.

Staff training and experience

Several Port Authority officers, most based in Sydney, were part of its IMT for this incident. Key team members had completed AIIMS and emergency management training, were experienced former seafarers with shipboard senior management experience followed by significant port management experience, including as harbour masters. They had participated in routine emergency exercises, appropriate for their day‑to‑day port management duties.

The Port Authority’s chief operating officer (COO) was the incident controller (IC) and assisted by the harbour masters that reported to him. In addition to experience as a shipmaster, the IC had extensive experience in senior port management roles in Queensland, Western Australia and New South Wales.

Towage and salvage providers

Tugs operated by the towage providers Svitzer Australia (Svitzer) and Engage Towage were deployed to assist Portland Bay over the course of the incident. In addition, Svitzer provided AMSA‑contracted emergency towage capability (ETC) services under the National Plan. The salvage operation was carried out by United Salvage, using Engage Towage’s Sydney‑based harbour tugs.

Svitzer Australia

Svitzer Australia (Svitzer) was the Australian subsidiary of a global company with the same name that has provided marine services, including towage, in many countries for several decades. Svitzer provided harbour towage services across Australia in several states, including New South Wales.

At the time of the incident, 7 of Svitzer’s Sydney‑based tugs, including Bullara, serviced Port Botany and Port Jackson.[153] Nine other tugs, including Svitzer Glenrock, serviced the Port of Newcastle while 3 tugs provided harbour towage in Port Kembla. The Port Authority’s towage licence system requirements applied to harbour tugs in these ports, including the provision of ‘emergency tugs’ under that system as previously described.

In addition, Svitzer was contracted by AMSA to provide emergency towage vessels (ETVs) under the National Plan arrangements in most of the strategic regions identified in the Plan.

Emergency towage services contract 

Under the level 2 ETC services contract with AMSA, Svitzer provided services in 9 of the 11 strategic regions.[154] The contract identified 9 specific level 2 capability ETVs and their home ports (usual location). Svitzer Glenrock was identified as the nominated level 2 capability ETV for the New South Wales region with Newcastle being its home port.

The various ETVs met the level 2 capability requirements for their respective regions, which were different in terms of minimum bollard pull (BP) and fuel capacities. The minimum required BP for the ETVs ranged from 35 t to 60 t (the minimum required for the New South Wales region, serviced by Svitzer Glenrock, was 60 t).

Under the contract, Svitzer was required to nominate a vessel to provide ‘on task services’ in accordance with a contract‑defined ‘specification’ for the provision of ETC services. Reference to ‘on task’ meant that AMSA had activated Svitzer in accordance with the contract at the relevant rate (hire). The activation required AMSA to issue an ‘on task direction’ as per the contract. The ‘specification’ comprised 11 subjects, including ETC operations and services, operational performance, quality management and work, health and safety management.

The nominated ETV for a region was required to remain in the region unless directed or approved by AMSA. Svitzer could alter the nominated vessel by notifying AMSA in writing. This formal process would be used, for example, if the nominated vessel was to be taken out of service and replaced by another that could fulfil the contractual terms and conditions, which are summarised in this section.

Under the contract, Svitzer could ask AMSA to allow a vessel providing on task services to cease providing those services and be used by Svitzer for its own commercial purposes, such as to provide commercial salvage or towage services to third parties (identified as ‘related services’). If AMSA consented, the vessel was considered a ‘released vessel’. Importantly, on task services and related services could not be provided at the same time.

Schedules annexed to the contract provided various ETC specifications. At least one ETV in a region had to meet or exceed the survey standard for a Class 2B vessel. The nominated ETV(s) in a region had to be capable of performing (at all times) all operational roles in the region from the home port. The operational roles included providing ‘first strike capabilities’ in the event of a shipping incident or casualty. First strike capabilities in this context were defined as including:

  • fighting fire
  • preserving life
  • towing a ship out of immediate danger
  • stabilising a casualty to prevent further damage to the ship or the environment
  • towing or escorting a casualty to a place of refuge (as opposed to a place of repair)
  • protecting the marine environment from pollution
  • providing related services as directed by AMSA.

The main requirements and specifications for performing the operational roles outlined above included the following:

  • meet the IMO Guidelines for Safe Ocean Towing, specifically requirements in paragraph 11 of the guidelines (see the section titled Ocean towing guidelines under Towage)
  • availability to respond to any incident on a 24/7 basis
  • ability to respond to an on‑task direction within the required timeframe (2 hours)
  • equipped to facilitate emergency towage for vessels likely to be in the region
  • an aft tow winch with a suitable towing line capable of safe ocean towage
  • at least 2 functional towage kits, including a stretcher tow line, messenger line and shackles
  • a functional aft tow winch with at least 300 m of tow wire or equivalent
  • towage equipment capable of connecting from fore or aft
  • classed as a ‘sea going’ or escort tug
  • a fully laden speed exceeding 8 knots
  • the minimum BP specified for each of the regions
  • appropriately trained, competent and certified crew
  • capability to conduct operations in excess of 7 days
  • capability to operate 200 miles from shore (Class 2B Survey or equivalent), and
  • a global maritime distress and safety system communication suite or Fleet One Inmarsat system for voice and data services.

The contract also included key performance indicators (KPIs) for items under the broad categories of availability, equipment and ETC training and drills.

Standard operating procedures

A separate document containing AMSA‑approved standard operating procedures (SOPs) for ETV operations was deemed to be part of the contract.[155] Svitzer was required to comply with these SOPs and compliance was to be audited using relevant KPIs. The procedures applied to all level 2 ETVs in the 9 strategic regions.

The SOPs covered 14 subjects, including:

  • ETV availability
  • positioning
  • command and control
  • operational role
  • alerting and tasking procedure
  • communications
  • reporting
  • training and exercises
  • emergency towing procedures.

The procedures reiterated that the primary operational role of an ETV was stabilising a casualty to avoid danger until relieved by a vessel operating under a commercial arrangement, as well as the obligation of the master or owner to make such a salvage or towage arrangement. There were multiple references to MERCOM directions for ETV tasking and utilisation, which were consistent with AMSA’s Maritime Assistance Services procedures. All ETV requests were to be made to the MERCOM via AMSA, which would issue an ‘on task’ direction if the request was approved.

Training and drills

Training records indicated that Svitzer tug crews in the different regions had attended 2‑day training courses in emergency towage. Course documentation indicated that they comprised a 1‑day session in classroom learning followed by one day of practical training on board Svitzer tugs. The documentation indicated that each course was identical in relevant respects. All training courses were delivered by salvage experts from the salvage service provider, United Salvage.

The records indicated that a standard 2‑day training course, attended by 11 Svitzer tug crewmembers and involving Svitzer Glenrock was conducted in Newcastle on 30 and 31 March 2022 (3 months before the incident). On 30 June and 1 July 2022 (3 days before the incident), the standard course was delivered to 15 attendees in Sydney and involved Bullara in Port Jackson.

These 2‑day courses had largely been the format of training since 2019. A large number of ‘audit and drill reports’ provided by AMSA showed that, until 2016, regular audits of the KPIs under the contract were being conducted. Other records provided by AMSA largely comprised the routine fire and other drills conducted on ETVs, which were not directly relevant to emergency towage training. A substantial proportion of the records provided indicated detailed recent emergency towage training associated with AMSA’s level 1 capability ETV, Coral Knight, which serviced the Great Barrier Reef region in Queensland.

Records obtained from Svitzer confirmed that annual exercises under National Plan requirements were conducted after this incident in 2022 and 2023. The last annual exercise before the incident was conducted in 2018, about 4 years prior as previously described (see the section titled Annual exercises under National level).

Svitzer Glenrock

Svitzer Glenrock had a length of 32 m, beam of 12 m and enough propulsive power to provide a BP of 85 t (Figure 20). The tug was built in 2018 and began operating in Newcastle that year. In 2019, it was contracted to AMSA under the ETC level 2 services contract as the nominated ETV for the New South Wales region based in Newcastle, where it was at the time of the incident.

Figure 20: Svitzer Glenrock

Figure 20: Svitzer Glenrock

Source: Svitzer Australia

The modern tug met all level 2 ETC contract requirements and specifications described above. In addition to a BP about 40% more than the minimum required, it was equipped with a 54 mm diameter, 800 m long towing wire with ‘Veethane’[156] sleeves and other equipment required under the contract. Table 3 lists some key items of its emergency towing equipment.

Table 3: Svitzer Glenrock’s emergency towing equipment (key items)

EquipmentDescriptionQuantityRemarks
Main Tow WireDiameter 54 mm, Length 800 m

1

Veethane sleeves fitted
Towing PennantDiameter 64 mm, Length 40 m

2

 
Towing StretcherDiameter 88 mm, Length 50 m

2

 
Chafe ChainStud link (U3) 2.5-inch, Length 12.5 m

2

In store
Grommet ChainDiameter 13 mm, Length 1 m

2

 
Stopper ChainDiameter 13 mm, Length 3 m

1

 
Shackles, Slings, RopesVarious

Various

 
Source: Svitzer Australia

Bullara

Bullara was a 32 m tug built in 2000. In 2020, the tug’s BP was tested in both propulsion directions. A steady BP of about 51 t (ahead) and 55 t (astern) and a maximum BP of about 55 t (ahead) and 56 t (astern) was recorded and certified.

At the time of the incident on 4 July, the tug was in Port Jackson (Sydney Harbour). It was one of the harbour tugs that met the ‘emergency tug’ requirements under the Port Authority’s towage licence system as previously described.

On 4 July, Bullara was not equipped as an ETC level 2 tug. Table 4 below lists key items of its emergency towing equipment at the time, which included a 275 m long towing wire with no Veethane sleeves. Under the National Plan arrangements, it was a level 3 capability tug or a ‘vessel of opportunity’ that could be tasked under a suitable arrangement. On 4 July, AMSA used its existing contract with Svitzer to task the tug to assist Portland Bay.

Table 4: Bullara’s emergency towing equipment (key items)

EquipmentDescriptionQuantityRemarks
Main Tow WireDiameter 44 mm, Length 275 m

1

No Veethane sleeves
Towing PennantDiameter 64 mm, Length 40 m

1

Stored on aft winch
Towing PennantDiameter 44 mm, Length 30 m

2

Veethane sleeves fitted
Towing StretcherDiameter 88 mm, Length 50 m

2

Aft winch and store
StronglineDiameter 72 mm, Length 100 m

2

Stored on aft winch
Chafe ChainStud link (U3) 2.5-inch, Length 12.5 m

2

 
Pennant ChainDiameter 16 mm, Length 3.5 m

1

 
Grommet ChainDiameter 13 mm, Length 1 m

1

 
Stopper ChainDiameter 13 mm, Length 3 m

1

 
Shackles, Slings, RopesVarious

Various

 
Source: Svitzer Australia
Engage Towage

Engage Towage was a joint venture with Engage Marine, a large company that delivered various marine services, including towage, across Australia. Engage Marine owned and operated a large fleet of vessels, including tugs, in several Australian ports. Engage Towage was a smaller operation with 5 tugs, which provided harbour towage in the ports of Sydney and Geelong, Victoria.

Tugs used

The Port Botany‑based SL Diamantina (Figure 21) initially deployed on 4 July to assist Portland Bay at the request of the Port Authority. It was the first tug to arrive near the anchored ship by which time United Salvage had partnered with Engage Towage for the salvage operation and directed the tug.

Figure 21: SL Diamantina off the ship on 4 July

Figure 21: SL Diamantina off the ship on 4 July

Source: Portland Bay’s master

The 2 other Engage Towage Sydney‑based tugs, SL Martinique and SL Fitzroy, were also used in the salvage operation as previously described. All 3 Engage Towage tugs were of similar size with a length between 28 and 32 m. All were built in 2008, had similar capabilities in terms of BP (build design was about 65 t) and had towing lines suited for their harbour towage operations in Sydney.

The Port Authority’s towage licence system requirements previously described, including the emergency deployment of tugs, were applicable to Engage Towage. When it deployed on 4 July, SL Diamantina’s aft towing winch was not operational, which made it unsuitable for emergency towage. Before it was deployed on 4 July, SL Martinique was provided with additional towing equipment, including a towing stretcher and towing shackles, in consultation with United Salvage.

SL Martinique connected an emergency soft towline to the ship’s port shoulder (Bullara’s line was connected to the starboard shoulder) for the attempted tow to sea on 4 July as previously described. On 6 July, in addition to SL Martinique, SL Fitzroy connected to the ship’s port quarter with a soft towline from its forward towing winch for the tow into Port Botany as per the towage plan. When the tow was in port limits, SL Diamantina connected through ship’s aft centre lead.

The Engage Towage tugs were used under United Salvage’s LOF agreement for the salvage operation. They were not tasked as ‘vessels of opportunity’ (level 3 ETC) under National Plan arrangements.

United Salvage

According to United Salvage,[157] its history as a salvage services provider dated back to 1938 and following ownership by the Australian companies Howard Smith and Adsteam,[158] it became part of Svitzer. United Salvage reported that it ceased operations in 2007 before reactivating in 2020 to continue providing salvage and emergency services.

While any towage provider could have provided salvage services or made tugs available for salvage, United Salvage was the only dedicated salvage and emergency response service provider based in Australia at the time of the incident. United Salvage was a member of the International Salvage Union (ISU) and the only such salvage company in Australia at the time. The company stated that its managing director was an executive member of the ISU and had been a professional salvor since about 2000. The company reported that it provided specialised emergency response, salvage, wreck removal, decommissioning and environment support services in Australia, New Zealand and the South Pacific.

United Salvage’s head office was in Port Kembla, New South Wales, where it maintained a warehouse for salvage equipment. The company had strategically located bases in Queensland (Cairns and Mackay) and Western Australia (Dampier) that held oil spill capture and containment equipment. It provided related services to industry and towage providers, such as the 2‑day training courses in emergency towage as previously described.

United Salvage did not own or operate any tugs or other vessels that could be used for emergency towage and relied on procuring these services from towage providers when required. As previously noted, United Salvage had an existing agreement with Engage Towage with which it partnered for the use of its tugs throughout the salvage operation. While United Salvage was the salvage contractor identified in the LOF agreement, Engage Towage and its tugs were the other parties included in the salvage award to be arbitrated (see the section titled Law of salvage under Salvage).

Both Svitzer tugs, Bullara and Svitzer Glenrock, which assisted with the ship’s emergency towage, operated under the terms of Svitzer’s ETC (level 2) contract with AMSA throughout and were not part of any salvage award. On 4 July, AMSA tasked Bullara but later advised Svitzer that its use should be included under the existing LOF salvage agreement (Svitzer however did not accept this). Svitzer Glenrock was tasked by AMSA and not released or offered under LOF terms.

Emergency towage availability

As noted above, United Salvage relied on procuring emergency towage from a towage provider to perform salvage operations. Throughout its early history, the company had always had ready access to the significant towage assets of its owners and, as such, was not limited in this critical aspect for the provision of salvage services.

In 2002, when United Salvage was a wholly owned subsidiary of Adsteam Marine, the latter made a submission to the Productivity Commission following the preliminary findings of its inquiry into harbour towage.[159] Adsteam Marine submitted, in part, that a comprehensive privately funded ocean salvage and coastal protection capability existed across Australia at that time, but it was concerned that if port authorities were allowed to issue exclusive towage licences, the existing national and salvage and coastal protection capability could be undermined.

Adsteam Marine’s submission included a paper, titled ‘Adsteam Marine Limited Salvage Capability and Capacity, June 2002’. This salvage capability and capacity paper addressed various salvage matters and included important details about United Salvage’s operations. At that time, United Salvage had ’13 frontline salvage/harbour tugs with offshore capabilities’ stationed in strategic locations across Australia. In addition, it operated a large fleet of harbour tugs, the majority of which had some ability to provide emergency support. Adsteam Marine reported that between 1 January 1999 and 27 March 2002, United Salvage had attended 27 casualties (most had required towage).

As previously described in the section titled Overview of national arrangements, NMERA was based on having a minimum level of emergency towage capability (ETC) along the Australian coast and a regulatory framework to support a coordinated approach to emergency response. At the time of the incident, the AMSA‑managed ETC arrangements under the National Plan were provided by 12 contracted ETVs (one ETC level 1 and 11 level 2 ETVs). ‘Vessels of opportunity’ (level 3 ETVs) were exactly that and would have to be sourced from available vessels with no assurance of their capability for offshore salvage operations. While anchor handling and offshore support vessels operating in some regions, such as north‑west Western Australia, are inherently more capable and better equipped for towing operations as vessels of opportunity, this was not the case in other regions, including the east coast of Australia.

In practice, the emergency towage assets available at the time of the incident comprised the ETC arrangements under the National Plan. A party intending emergency use of a contracted ETV had to make such a request to AMSA, which had direct control and could either release the ETV or task it. As such, the actual emergency towage available in general was essentially the same as the minimum ETC required under the National Plan. This situation would have been fully understood by AMSA, its contracted towage providers and United Salvage.

Emergency response

This section provides additional background and context to the actions and decisions taken in relation to significant events and matters previously detailed (see the section titled The incident). This additional information is based on various sources of evidence, including recorded data, documented records and recollections (interviews and statements) of key personnel that managed or were directly involved in the response.

Emergency develops 

When interviewed by the ATSB, Portland Bay’s master stated that the decision to put to sea on the afternoon of 3 July was appropriate as the berth was close to the port’s entrance and the increasing swell made it ‘dangerous’ to remain there. Neither the master nor the chief engineer had any concerns about putting to sea, including the maintenance on auxiliary blower number 2 that was postponed on the previous day due to the worsening weather.

The master reported that, at sea, the ship rolled and pitched heavily and slamming reduced speed to less than 3 knots with the main engine at full ahead. The ship steamed and drifted intermittently and remained 8‍–‍15 miles from the coast. According to the master, it had been ‘impossible’ to steam 50 miles away from the coast (as required by the ship’s SMS procedures).

The master noted that some other ships were drifting in the general area and some were 4 miles from the shore. Port Kembla VTS had advised that ships drifting off the port could do so at a safe distance of ‘around 12 miles’. Neither Port Kembla VTS nor Sydney VTS were monitoring Portland Bay or other ships outside their respective port limits or boundaries (about 3 to 4 miles from port entrances). According to the Port Authority, its VTS’ were ‘certified by AMSA within geographical areas (either approximately or slightly larger than the port boundaries)’ and stated that it did ‘not manage a coastal VTS’.

The master recalled that after the engine was restarted following the heavy rolling at 0330, the ship was put on a ‘110° heading’ and experienced ‘less rolling’. By 0450, the distance from the coast had increased to 12 miles and the ship was steaming directly away from it until auxiliary blower number 2 failed and engine speed had to be reduced. Table 5 lists significant events while the emergency was developing.

Table 5: Events from 0400 to 0719 on 4 July

4 JulyEventNotes and remarks
0400Portland Bay steaming ~12 miles off the coastAdvice from VTS was to remain ~12 miles off coast
0450Auxiliary blower number 2 fails, speed reduced Blower repairs in Port Kembla were postponed
0513Speed limited to dead slow ahead (42 rpm) Ship effectively disabled in rough weather
0523Unsuccessful attempts to notify Pacific BasinShip’s dedicated manager was traveling
0533Pacific Basin notified of ship’s situationMarine manager advises steaming away from coast 
0543Fleet manager provides engineering advice Chief engineer actioning advice; Coast <10 miles off
0606Master voiced concern about strandingEfforts to increase speed have not succeeded
0624Portland Bay displaying NUC signals Ship drifting rapidly towards coast ~8 miles off
0634Efforts start to use engine local controls Master considering requesting tug assistance
0650Master and fleet manager discuss calling tugs Fleet manager asks full speed to be tried locally
0655Master orders Marine Rescue to be called Efforts to increase speed were unsuccessful
0657Port Kembla VTS notified and tug(s) requestedCoast <7 miles off; Marine Rescue did not respond 
0659Port Kembla VTS informs Monson about tug(s) VTS makes notifications within the Port Authority 
0703Marine Rescue notified and tug(s) requestedMarine Rescue advises authorities will be informed
0708Master considering PAN or MAYDAY broadcastCoast 6 miles (NSW waters limit extend 3 miles)
0709Marine Rescue suggests PAN broadcast Drifting at ~4 knots towards coast and NSW waters
0716Portland Bay’s PAN broadcast on VHF radioShip 5.8 miles from coast, 11 miles south of Sydney
0719Pacific Basin asks master to prepare to anchorSydney VTS starts monitoring ship’s movement

By 0513, it became apparent that, with one operational blower, speed could not be increased past dead slow ahead (42 rpm). The master decided to inform Pacific Basin (overseas) of the engine issue that had disabled Portland Bay in bad weather off the lee shore (then 11 miles off). While there were some initial difficulties contacting Pacific Basin (see table 5) by 0533, it was notified.

The following 85 minutes were largely devoted to unsuccessful attempts to increase engine speed with Pacific Basin providing engineering advice. The master voiced increasing concerns from time to time as the ship drifted towards the shore at about 3 knots and tug assistance became more urgent.

At 0655, after further discussion with Pacific Basin, the master decided to notify Australian authorities. The disabled ship was less than 7 miles from the shore and potentially 2 hours from stranding. Port Kembla VTS was notified at 0657 and tug assistance requested. Two minutes later, VTS passed the request for a tug to the local agent, Monson, in Port Kembla.

At 0703, intending to notify the rescue coordination centre, the master notified Marine Rescue Port Kembla. Marine Rescue advised that relevant authorities would be notified and, a few minutes later, suggested transmitting a PAN message. At 0716, when the PAN message was broadcast, the ship was drifting relatively quickly towards the shore 5.8 miles off. Three minutes later, Pacific Basin asked the master to prepare for emergency anchoring.

Initial response

After contacting the ship’s local agent, Monson, Port Kembla VTS made internal notifications within the Port Authority. Sydney VTS, alerted by the PAN message, identified Portland Bay about 11 miles from Sydney and began actively monitoring the ship’s movement. At 0725, Sydney VTS sought tugs in the port that could assist the ship (Table 6).

Table 6: Events from 0725 to 1020 on 4 July

4 JulyEventNotes and remarks
0725Sydney VTS calls Svitzer for tug assistanceSvitzer is the port’s main towage provider
0740Sydney VTS calls Engage Towage for a tugSvitzer tug not confirmed; Engage Towage agrees
0744Port Kembla VTS notifies AMSAKembla VTS advises ship could ground in 1.5 hours
0745Sydney VTS calls AMSA to discuss tugsSydney VTS advises Engage Towage readying tug
0749PAN broadcast from ship againBroadcast states ship would ground in one hour
0751Sydney VTS asks if emergency tug neededMaster confirms emergency tug assistance needed
0752AMSA takes over SAR coordination for rescueSydney water police deploying 2 rescue vessels
0757Sydney VTS follows up AMSA about tugs AMSA advises the State’s ETV is in Newcastle
0758Pacific Basin advises master agent seeking tugMonson has asked Svitzer for a tug
0804Monson advises master tug is being arrangedSvitzer has asked Bullara’s master to deploy
0810AMSA has sought helicopters etc. for rescue Tugs cannot reach ship before likely stranding
0811Master advises Pacific Basin no tug en routeMaster notes PAN did not lead to tug deploying
0814Portland Bay’s MAYDAY broadcastNSW Maritime has contacted Port Authority 
0828Three rescue helicopters en route to shipTasked by AMSA; Ship is <3 miles off coast
0836Ship in readiness for emergency anchoringWith both anchors when water depths permit 
0840AMSA incident management team establishedFor a moderate incident (AMSA level 3)
0848SL Diamantina (Engage Towage) deploysAft towing winch is inoperable; ETA to ship 1025 
0905Portland Bay starts anchoring 1 mile from shoreSvitzer offered Bullara under a commercial contract 
0915Brought up to both anchors off Eagle Rock United Salvage has partnered with Engage Towage 
0930United Salvage briefs SL Diamantina’s masterAbout LOF salvage agreement and pushing ship 
0945~Port Authority/ NSW Maritime/AMSA meetingEstablish lead agency and agree roles
0946Rescue helicopters abandon rescue attemptAfter 3 high-risk, unsuccessful winching attempts 
0950Master agrees to LOF salvage agreementWith United Salvage via SL Diamantina’s master 
1010SL Diamantina arrives off shipAnchors holding ship 0.9 mile from the shore
1020Port Authority assumes combat agency roleAMSA and NSW Maritime are support agencies

When interviewed, the responsible NSW Maritime manager (Manager Marine Pollution and Emergency Response) stated becoming aware of the incident when an officer from NSW Maritime in Port Kembla called and advised that Marine Rescue Port Kembla had ‘informally advised’ about Portland Bay drifting off the coast (Marine Rescue started informing various agencies from about 0710). Soon after, at about 0715, the NSW Maritime manager called JRCC to obtain information and reported being advised that JRCC ‘was not aware of the incident’.

Port Kembla VTS notified JRCC at 0744, after which AMSA quickly initiated a rescue operation to evacuate the ship’s crew before it stranded on the rocky shore (which was likely to occur by about 0915). The efforts to seek tug assistance remained with Sydney VTS and Monson. After initial confusion about the reason for master’s request for a tug, Monson had sought a tug from Svitzer. Meanwhile Engage Towage had agreed to provide a tug but Sydney VTS also asked AMSA for an emergency tug and was advised that the state’s ETV (Svitzer Glenrock) was in Newcastle.

At about 0800, Engage Towage also contacted United Salvage to assist and decided to deploy SL Diamantina from Port Botany as it had a crew on board. SL Martinique was not crewed and would therefore have taken longer to deploy. By the time United Salvage asked Svitzer for Bullara a short while later, the tug had already been offered for hire to the ship’s managers/owners (via Monson).

At 0803, the NSW Maritime manager called JRCC again and was advised that it was ‘trying to organise tugs to assist as soon as possible’. A few minutes later, the manager called the Port Authority’s chief operating officer (COO) to exchange information and they decided to convene an inter‑agency meeting to discuss the response by New South Wales agencies and AMSA.

At 0810, when planning for the helicopter rescue operation was well progressed, it became evident that no tug could reach the ship in time. The master had already broadcast another PAN message and, at 0814, a MAYDAY message.

At 0822, the ship was 3 miles from the coastline (moving from Commonwealth waters into New South Wales coastal waters) and all ports in the area remained closed. At that time, no tug or helicopter was en route nor had any agency formally assumed responsibility to lead the incident response. On board the ship, emergency anchoring preparations were underway to avoid a stranding.

While Monson was arranging to hire Bullara, Pacific Basin also asked the ship’s hull and machinery insurance underwriter to seek immediately available tugs from international salvage companies.

In submission to the draft of this report, NSW Maritime stated that after contacting the Port Authority, the NSW Maritime manager had ‘numerous discussions’ with MERCOM and provided briefings to the NSW Marine Pollution Controller (MPC). According to NSW Maritime, once the ship entered state waters, the response would be led by New South Wales and that planning for a pollution response was undertaken in case the ship stranded or a pollution incident occurred.

At 0840, AMSA established an incident management team (IMT) for an AMSA level 3 incident (moderate) in accordance with its procedures (detailed in the section titled Maritime Assistance Services proceduresunder National level). The AMSA Response Centre (ARC) duty manager assumed the incident coordinator role and among various roles assigned to team members, the response advisor was assigned responsibility for MAS and ETV matters. This IMT mainly focused on the rescue operation with 3 helicopters en route. Before Portland Bay anchored at 0905, SL Diamantina had left Port Botany (directed by United Salvage) and 2 other tugs were being prepared. One of them (SL Martinique) would be directed by United Salvage while the other (Bullara) was to be hired from Svitzer by Pacific Basin through Monson.

The planned inter‑agency meeting was held from about 0945, where the Port Authority, NSW Maritime and AMSA discussed establishing the control agency (combat agency). Before this meeting, NSW Maritime held an internal meeting where its MPC and senior leadership team were briefed. While the ship had been moving from Commonwealth waters towards and into New South Wales coastal waters, AMSA had not made the required request to the MPC for New South Wales to assume responsibility for the incident. Nevertheless, NSW Maritime advised the Port Authority that it should be leading the response as the combat agency designated by the NSW Plan and its PSOL. The Port Authority’s COO, however, believed that while the ship had drifted into New South Wales waters, managing the incident was not necessarily within the Port Authority’s jurisdiction or responsibility.

At 0946, the helicopter rescue was attempted but abandoned as too hazardous and the anchors seemed to be holding the ship. In addition, SL Diamantina was approaching and, although incapable of towing, it could provide some assistance and would be on scene if the crew abandoned the ship.

After 0950, when Pacific Basin informed the insurance underwriter that an LOF salvage agreement had been made with United Salvage, the insurer’s attempts to seek tugs from international salvors was discontinued.

At about 1020, after further discussion at the inter‑agency meeting, the Port Authority assumed the combat agency role. According to the COO, this decision was based on the Port Authority having better capability to perform that role than NSW Maritime and to assist the latter under the inter‑agency MoU previously described. The responsible NSW Maritime manager, however, stated that the agency was equally capable of performing the combat agency role. The manager further advised that the incident was within the Port Authority’s area of responsibility, which was explicitly defined in its PSOL and the NSW Plan, and the MoU was not relevant in this case.

Incident management

4 July

After the Port Authority assumed the combat agency role at 1020, its COO took charge as the IC and established an IMT, which would be supported by AMSA and NSW Maritime officers. The first IMT meeting followed from about 1030 and United Salvage representatives attending provided an update of the ship’s situation. The IC developed an incident action plan (IAP) with NSW Maritime. With nearby ports closed, the IAP was based on towing the ship away from the coast (the anchors were dragging slowly and it was about 0.9 of a mile from the shore at the time) and the IC directed the salvor, United Salvage, accordingly.

United Salvage intended to substitute SL Diamantina (with no operational aft towing winch and towing capability) with SL Martinique and providing it additional towing gear. Meanwhile, Svitzer had been preparing Bullara in anticipation of Pacific Basin hiring the tug. However, after Monson decided not to hire Bullara, AMSA started planning to task the tug as it had low confidence in the capability of SL Diamantina and considered the combined capabilities of the Engage Towage tugs were insufficient. In submission to the draft of this report, Pacific Basin advised that it had not instructed Monson not to hire Bullara or other Svitzer tugs.

By 1033, it had become evident that the salvor’s plan for SL Diamantina to push on the ship’s hull was not practical in the rough seas and swell and involved high risk of serious collision damage. At 1051, after the MERCOM and ARC duty manager approved it, a tasking direction for Bullara was issued to Svitzer with advice that it was to proceed to the scene and standby to assist. Soon after, at 1054, Bullara deployed followed by SL Martinique 4 minutes later (Table 7).

Table 7: Events from 1033 to 2227 on 4 July

4 JulyEventNotes and remarks
1033SL Diamantina’s master abandons pushingThe tug had collided with the shipside many times
1054Bullara deploys (tasked by AMSA)Monson is not contracting the Svitzer tug 
1055SL Diamantina connects soft towline to shipAttempting to reduce load on anchor cables 
1058SL Martinique deploysUnited Salvage direction and additional towing gear 
1230Port Authority requests tasking of State’s ETVVia AMSA liaison officer in Port Authority’s IMT   
1305SL Diamantina abandoned efforts to secure lineTowline had parted 3 times
1400Ship engineers abandon blower repairsImpeller replaced but motor could not be removed
1402SL Martinique arrives near shipTug starts connecting towline to ship’s port bow
1410Bullara arrives near shipAMSA advises the tug is available under LOF terms 
1433SL Martinique’s towline is connectedBullara connecting towline to ship’s starboard bow
1455Bullara’s towline is connectedPort Authority incident controller directs tow to sea
1540Tow started (after weighing anchors)Incident controller (IC) directs tow 20 miles to sea
1828United Salvage asks IC to open Port BotanyTow not progressing away from land 
1835Bullara’s towline parts at its inboard (tug) endThe tug has no spare towing wire
1839United Salvage asks AMSA to activate the ETVAlternatively have Port Botany opened
1901United Salvage calls Svitzer for mobilising ETV Svitzer offers ETV for hire if not tasked by AMSA
1905~IC calls MERCOM to ask if ETV taskedMERCOM not aware of IC request that afternoon
1957AMSA issues tasking direction for ETVSvitzer starts preparing ETV Svitzer Glenrock
2015Portland Bay closing on Bate Bay near SydneyMaster has prepared for emergency anchoring
2035Ship starts anchoring 1.4 mile from landIMT has ruled out night helicopter rescue operations
2045Brought up to both anchors off Bate BayHeavy swell >8 m persists
2227Svitzer Glenrock deploys from NewcastleETA 5 July 1200 (speed 5 knots in bad weather) 

An incident control centre (ICC) was established at Port Botany to hold 2‑hourly IMT meetings. The Sydney‑based AMSA liaison officer embedded in the IMT structure attended the meetings virtually (as did representatives from some other agencies). Meanwhile, AMSA’s IMT continued operating from the JRCC in Canberra and the responsible NSW Maritime manager physically attended JRCC as the NSW liaison officer from just before midday. The AMSA liaison officer was in contact with AMSA Canberra (both its Operations and Response divisions, including JRCC). The Port Authority was thus to be supported by AMSA and NSW Maritime in oversighting the salvage operation while it managed the incident as required by the NSW Plan (and National Plan).

In submission to the draft of this report, United Salvage advised that while the tugs were en route, it had several phone discussions with various parties, including the Port Authority’s IC, Svitzer, MERCOM and the responsible NSW Maritime manager. According to United Salvage, when it followed up the IC’s advice that ADV Reliant had a BP of 120 t, it found that the vessel had no towing line and was unsuitable.

United Salvage asked Svitzer for Bullara and was advised that it had no objection to the tug connecting a towing line but that it should contact AMSA. United Salvage reported advising the IC, NSW Maritime manager and MERCOM of the intention to tow the ship into deeper water and, as soon as possible, seeking a place of refuge. When the IC and NSW Maritime manager indicated that they were working on plans based on the ship grounding, United Salvage reported advising them that Garie Beach was the only likely access point in case the ship started leaking fuel oil.

By 1149, after AMSA had become aware of United Salvage’s intention to replace SL Diamantina with SL Martinique, it had calculated that a total BP of 120 t was needed to hold the ship and 130 t to move (tow) it. At 1230, AMSA contacted United Salvage and was advised that it intended ‘to only use SL Martinique to tow’ and that there was no requirement for Bullara.

At the IMT meeting held from 1230, the IC asked the AMSA liaison officer to have Svitzer Glenrock activated as the IC felt the state’s nominated ETV might be needed and it was best to activate it early. The liaison officer reportedly passed this request on to AMSA, Canberra. By this time, SL Diamantina had connected a line to the ship’s bow to maintain a static tow, but the line parted repeatedly and efforts to resecure it were unsuccessful, so the tug then stood by while awaiting SL Martinique.

The ship had continued dragging its anchors and recorded data showed that, between 0940 and 1300, the ship moved 665 m closer to the shore (Figure 22). At about 1300, Portland Bay’s master reported adjusting the starboard anchor cable and effectively arresting the dragging of the anchors. The ship’s movement then slowed and, over the next hour, it moved 70 m.

Figure 22: Portland Bay’s movement towards the shore as its anchors dragged

Figure 22: Portland Bay’s movement towards the shore as its anchors dragged

Source: Australian Hydrographic Office and Portland Bay’s recorded voyage data, annotated by the ATSB

At about 1410, after both SL Martinique and Bullara had arrived off the ship, AMSA advised Svitzer and United Salvage that Bullara was available to assist. It also advised Svitzer that it could opt for a commercial agreement (LOF or other terms) with United Salvage. At 1425, United Salvage requested the use of Bullara, which AMSA approved and repeated the earlier advice provided to Svitzer about contractual terms.

Subsequently, AMSA also discussed with Svitzer whether Svitzer Glenrock would need to replace Bullara at some stage due to the latter’s limited fuel (about 40 hours of operation) and decided to revisit the subject at 0700 on the following day, 5 July.

Pacific Basin had opted out of the SCOPIC clause in the LOF salvage agreement which was documented after the master had verbally agreed to the LOF terms (see the section titled Law of salvage under Salvage). While in theory this meant that the salvor would not be entitled to greater special compensation if the salvage was unsuccessful, United Salvage believed that it could invoke the SCOPIC clause as the initial agreement had been verbal.

The NSW Maritime liaison officer attending JRCC reported that Svitzer Glenrock was discussed that afternoon but could not recall details about what was discussed about its activation.

By 1500, both SL Martinique and Bullara had connected a towline at the ship’s port and starboard bow, respectively, to tow the ship. At 1540, when the ship was 0.7 of a mile from the shore, the tow began under United Salvage’s guidance. The IC had directed that the ship be towed 20 miles from the coast to allow engine repairs to be conducted on board in a relatively safe location. The ship’s engine was run at slow speed to assist the tow, but within minutes it failed.

At 1730, AMSA advised Svitzer that it considered Bullara to have been operating under a commercial agreement since 1400. Svitzer, however, advised that the tug had continued to operate under AMSA’s tasking direction. After further correspondence, AMSA advised that it considered the tug was operating under LOF terms from about 1500. Svitzer did not agree with that assertion and the matter remained unresolved.

Over the next couple of hours, with the ship’s engine not operational and the rough seas and heavy swell, the tow made little progress away from the coast. By 1828, it was about 2.5 miles from the coast south of Port Botany, when the salvor asked the IC to open the port so the ship could be towed there for shelter given the lack of progress to tow it to sea (at that rate, it would have taken over 28 hours to be 20 miles from the coast). However, before this request could be considered, Bullara’s towline parted at 1835.

Bullara’s towline parting triggered various actions and decisions to manage the unstable situation and the ship’s certain drift towards the shore in the prevailing weather. The towline could not be recovered, the tug had no spare towing line and the load on SL Martinique’s towline had to be reduced to prevent it also parting.

At about 1839, after informing Svitzer and Engage Towage about the situation, United Salvage called AMSA and asked for Svitzer Glenrock to be activated or have Port Botany opened. At 1901, while AMSA was considering the ETV request, United Salvage asked Svitzer via email whether it could mobilise the ETV. Svitzer replied soon afterwards, advising that AMSA would follow the ETV activation process if it required to task the ETV or it could be hired by the shipowner under a TOWHIRE agreement. According to United Salvage, the best available tugs should always be made available for salvage by their owners.

At about the same time, the Port Authority’s IC called the MERCOM to get an update on the ETV request that had been made after 1230 via the AMSA LO. The MERCOM was not aware of the request but agreed to activate the ETV and offered to issue directions to allow the ship to shelter in Port Botany. The IC, however, advised that the directions could be issued but would not be actioned until the weather had abated sufficiently for the port to reopen and the ship to be safely towed there. The MERCOM also asked if NSW legislation or harbour master directions could be used to direct the ship into port. The IC advised that the harbour master’s directions only applied inside port limits and powers available under state legislation were limited.[160]

At 1945, United Salvage emailed the MERCOM stating: ‘formally request permission to enter a place of refuge being Port Botany to remove this tug and casualty from their current situation’.

At 1957, after MERCOM approval, AMSA issued a tasking direction to activate Svitzer Glenrock. Svitzer felt that due to the preparation and travel time, the ETV could have been activated earlier. Meanwhile, the Port Authority’s IMT monitored the ship’s movement towards Bate Bay. Its engine was not operational and the only available option was emergency anchoring again, this time with SL Martinique connected. The bad weather continued with waves in the south‑easterly swell and seas about 5 m high on average and rising to more than 8 m at times.

At 2028, Svitzer acknowledged United Salvage’s email advising that it had asked AMSA to activate Svitzer Glenrock and requested Port Botany as a place of refuge. At 2037, United Salvage asked Svitzer if any of its tugs in Port Botany with an aft towing line could assist.

By 2045, Portland Bay’s anchors had been deployed off Bate Bay with the ship a little more than one mile from land. Stranding remained a realistic possibility with related considerations such as managing a crew evacuation in bad weather and darkness. There were no practical, safe options as helicopters were not able to conduct night‑time rescues and tugs, navy ships and police rescue vessels were not readily available. Lifeboats were also considered but it was decided that it would be safer for the crew to remain on board the ship. After its master advised being low on fuel, SL Diamantina was allowed to return to port leaving 2 tugs to stand by the ship.

Shortly after 2200, Sydney VTS received a call from the master asking about the availability of an ‘emergency response vessel’. The ship’s engine was unable to be used to reduce dragging with SL Martinique’s master maintaining a low load on the towline to ensure that it did not part.

Svitzer Glenrock departed Newcastle at 2227, but the bad weather meant its best ETA off Bate Bay was noon on the following day. Concerned with this timeframe, AMSA started seeking any available ocean towing gear for use by other tugs in the area closer to the ship’s location.

Just before midnight, Sydney VTS received another call from the master again asking about the availability of an ‘emergency response vessel’. There were no other tugs available in Sydney.

5 July

Shortly after 0100 on 5 July, Portland Bay’s anchors started dragging at a greater rate (about 100 m per hour). In response, the IMT directed SL Martinique’s master to increase weight on its towline to stop the ship dragging onto the shore (Table 8). The tug remained the only available risk mitigation resource given any rescue operation in the conditions would be extremely difficult.

Table 8: Key events on 5 July

5 JulyEventNotes and remarks
0121Portland Bay anchors drag rate increasesSL Martinique slightly increases load on towline
0848AMSA upgrades incident to severe (level 5)MERCOM takes over as AMSA’s incident controller
0900Port Authority IC asks for MERCOM directionsFor Port Botany under POI legislation
1300Svitzer Glenrock arrives off Bate BayMERCOM directs ETV to remain AMSA-tasked 
1415Bullara’s towline recoveredRecovered with difficulty in rough weather
1515Svitzer Glenrock’s towline fast at ship’s bow Bullara dismissed; 2 tugs maintained static tow 
1607AMSA emails MERCOM POI directionsTo all parties (4) for entering Port Botany 
1800Port Authority IC approves towage planUnited Salvage plan for daylight tow on 6 July 

In addition to the Port Authority’s IMT, AMSA’s team continued to monitor the ship’s situation and the Svitzer Glenrock’s ETA, with its master advising that it was operating at its best speed in a 9 m swell. The efforts to locate ocean towing gear in the area for use on scene were proving unsuccessful as the level 1 capability ETV in northern Queensland was the only vessel on the east coast with suitable equipment.

At about 0300, the ship’s engine was successfully started and, over the next hour, the master used it intermittently to assist SL Martinique to reduce the dragging of the anchors. The ship had dragged to within one mile of the shore.

At 0546, the MERCOM responded to United Salvage’s place of refuge request noting that events late on 4 July had taken precedence and that the ETV was due on scene at about midday with plans underway to move the ship to Port Botany. The MERCOM noted that the ship was slowly dragging its anchors but had not yet grounded.

At 0848, the level of the incident in AMSA’s internal systems was upgraded from 3 (moderate) to 5 (severe) noting ‘machinery failure [ship] and immediate tasking of ETV’ (see the section titled Maritime Assistance Services procedures under National level). The ARC duty manager continued coordinating AMSA’s response to the incident with the MERCOM continuing to oversight response activities.

At 0900, the Port Authority’s IC called the MERCOM and requested that a direction be issued to facilitate the ship to be towed into Port Botany. They discussed whether one direction was to be issued or directions to the harbour master and others were also necessary. Shortly after, the response advisor in AMSA’s IMT began drafting the direction(s).

At about 1300, when Svitzer Glenrock had arrived on scene, the MERCOM and IC had another meeting. The MERCOM advised that AMSA would retain control of the ETV for the duration of the incident (as opposed to offering it to United Salvage under the LOF or other commercial terms) to be utilised as required by the salvor and IC. The ETV would connect a towline once Bullara had recovered its line, which had not been possible earlier due to the weather. Weather conditions were moderating and expected to ease further by the next morning to allow the opening of Port Botany. The IC expected the tow could be safely undertaken in daylight. The drafting of the MERCOM’s directions, with advice from AMSA’s legal team, was still ongoing.

The NSW Maritime liaison officer attending JRCC recalled that drafting of the directions took a long time, much of it with AMSA’s legal team. The manager also observed that streamlining of the process would be beneficial as issuing a direction can be time critical.

After 1515, when Svitzer Glenrock’s towline was secured, AMSA released Bullara. By that time, United Salvage was preparing a towage plan to meet the IC’s requirements using Portland Bay’s emergency towing procedure booklet (emailed by Pacific Basin).

At about 1600, the final versions of the MERCOM directions to Portland Bay’s master, Pacific Basin, United Savage and the Port Authority were approved. Shortly after, the directions were emailed to all the recipients (Appendix E).

United Salvage presented and discussed the towage plan with the IC between 1600 and 1700 and agreed some refinements to it. At about 1800, the plan was distributed to the IC and relevant stakeholders. After consulting with the MERCOM, the IC approved the plan to start the tow from about 0800 on 6 July if the swell had subsided to no more than 4 m.

With the towlines of 2 tugs easing the load on the ship’s anchor cables, and the weather moderating, the risk had significantly decreased.

6 July

In preparation for the tow, SL Fitzroy arrived on scene shortly by 0730. During the next couple of hours, it had connected a towline to the ship aft and 2 harbour pilots, a salvor’s representative and a main engine service engineer had boarded the ship from a pilot vessel (Table 9). The weather and other conditions for the tow as per the towage plan had been assessed as acceptable.

Table 9: Key events on 6 July

6 JulyEventNotes and remarks
0954Two Sydney harbour pilots board shipSL Fitzroy has secured towline at ship’s stern
1000Portland Bay starts weighing anchorsSalvor and engine maker representatives on ship 
1051Anchors home and towage startedETV and 2 Engage Towage tugs towing
1228Portland Bay enters Port Botany limitsSL Diamantina arrives and, at 1312, secured a line 
1409Portland Bay alongside Hayes Dock berth 3Nominated berth for ship’s engine repair work
1454Portland Bay secured at berthAll 4 tugs dismissed
1650AMSA formally detains shipOn grounds of its unreliable propulsion

The master began weighing the anchors at 1000. Svitzer Glenrock’s had deployed 570 m of its towline and advised that it had up to 900 m available. Once the anchors had been weighed an hour later, the 3 tugs coordinated the tow as per the salvor’s towage plan. The ship’s engine was used at dead slow ahead to assist the tow.

By 1230, the tow was inside Port Botany limits and SL Diamantina joined the tow. The towage plan progressed uneventfully and, by 1500, the ship was secured at Hayes Dock and the tugs were dismissed. The ship was later detained by AMSA as unseaworthy and engine repairs as previously described progressed over the following week.

Svitzer Glenrock berthed in Port Botany overnight on 6 July so that its crew could rest. The ETV sailed at about 0630 on 7 July for Newcastle, where it arrived at 1400 that day.

Debriefings and reviews

In the weeks and months following the incident, organisations involved in the incident and the response conducted their reviews or investigations and joint and separate debriefings. Their reports, including AMSA’s comprehensive evaluation of its response,[161] formed part of the evidence for this investigation. Some of the subjects discussed in these reports provided useful insights into the response.

The response agencies involved noted that the master’s delayed incident notification to VTS took away valuable time for their respective responses. In addition, NSW Maritime noted that the notification was not passed on, which initially kept it in the dark.

The Port Authority advised that it was unaware of the planned helicopter rescue, which created confusion as it had deployed tugs with the expectation of connecting towlines to the ship.

The deployment of Svitzer Glenrock was a recurrent subject of discussion. According to AMSA, the ETV could have been deployed earlier if it had had oversight of the Port Authority’s IAP. The Port Authority, however, stated that it had kept JRCC updated on all tug deployments. Pacific Basin noted a lack of availability of ‘proper salvage tugs’ until the Svitzer Glenrock arrived on scene. Acknowledging the differing observations, the universal conclusion among the involved parties following review of the occurrence was that the ETV should have been deployed much earlier.

There were different understandings of salvage matters and how the LOF salvage agreement worked with incident management. Other subjects of discussion included different understandings of place of refuge directions issued under national legislation, difficulties in drafting directions and the long delays in issuing them.

In general, it was acknowledged that a good measure of ‘luck’ helped avoid a disaster (stranding with potentially severe consequences).

Overall, these debriefings and reviews indicate inadequate coordination and confusion. None of them identified any of the safety issues identified in the Findings section of this report.

Submissions to draft report

In response to the draft of this investigation report provided to directly involved parties, substantive submissions were received from several parties. Submission comments that have not been addressed in other sections of this report are described below to provide useful context.

Portland Bay’s master

Portland Bay’s master advised being unaware of the previous problems with main engine auxiliary blower number 2. The master noted that because of the ship’s light draught, it had been ‘crucial to avoid pitching and slamming’ to avoid main engine overload and, as the weather further offshore was worse, the ship had been manoeuvred accordingly with the engine at low rpm.

Pacific Basin

Pacific Basin submitted that Svitzer Glenrock, the only ETV in the area arrived 18 hours after the ship first anchored. With respect to the emergency towage capability described in the report and shown in Figure 16, it stated that ‘the lack of quick availability of proper salvage tugs close to Port Kembla is concerning’ and proper positioning of salvage tugs should be considered.

Pacific Basin advised that following the master’s request to Port Kembla VTS for tug assistance, it had followed up with the ship’s agent, Monson, who had confirmed that Svitzer was preparing a tug (Bullara). It further advised that the ship’s hull and machinery insurance underwriter was asked to seek tugs from international salvors but this was discontinued after the LOF salvage agreement with United Salvage. Pacific Basin pointed out that under the LOF terms, the salvor was ‘obliged to take whatsoever measures feasible and reasonable under the prevailing circumstances, including mobilising whatever equipment or device or labours, to salve the vessel’.

With respect to Monson instructing Svitzer (after the salvage agreement was made) that its tug, Bullara, was not required, Pacific Basin stated that it did not give such instruction to the agent (Monson advised the ATSB that it did not intend to make a submission to the draft report).

United Salvage

United Salvage submitted that soon after advising Engage Towage to deploy its tugs, it had contacted Svitzer for Bullara but was advised that a towage contract with the ship’s owners was being agreed. According to United Salvage, Bullara was therefore not available to take on hire and it did not know why the tug was not made available to United Salvage.

In addition, United Salvage stated that it ‘mobilised on speculation to render salvage assistance with the towing vessels that were immediately available’ and ‘took advantage of Bullara when AMSA made it possible’. It pointed out that ‘when the owner of a tug will not make it available, salvors must move on to find other tugs’. United Salvage noted that it ‘exercised our best endeavours to render maximum assistance to the casualty to tow it out of harm’s way under an LOF agreement as a professional salvor’.

Engage Marine

Engage Marine, the parent company of Engage Towage, advised that it believed the draft ‘report is accurate and captures all elements that need to be highlighted and addressed’.

Svitzer Australia

Svitzer submitted that it offered Svitzer Glenrock as well as other tugs to United Salvage, however this was declined as existing arrangements had been made with Engage Marine/Towage. Svitzer further clarified this by indicating that it wanted an arrangement in place (from a commercial perspective)[162] before deploying Bullara and needed to ensure the safety of the tug crew.

In addition, Svitzer confirmed that Bullara would need to have been appropriately equipped and prepared for it to be an alternate ETV under AMSA’s ETC contract. The tug was fitted with a higher level of towing equipment after the incident (see the section titled Safety issues and actions).

Australian Maritime Safety Authority

According to AMSA, the draft report included a disproportionate focus on the incident response. It felt that the responsibilities of the ship’s master and owner, particularly with regard to engaging commercial towage at the earliest, should have been further considered.

In addition, AMSA stated that once the ship entered New South Wales waters, the state was responsible for managing the casualty. It noted that there was no request to AMSA to manage the casualty on behalf of New South Wales so AMSA supported the Port Authority and the salvor.

According to AMSA, Svitzer Glenrock could have been deployed by the Port Authority as it had daily operational control of the tug under its contract (harbour towage). It further noted that the ETV was also available to ‘private industry’ under commercial arrangements. Bullara, AMSA claimed, was the designated tug with alternate capability for the New South Wales region and that it met all the conditions of the ETC contract, including appropriate towing gear, equipment, crewing and training.

With respect to the suspension of National Plan annual exercises during the pandemic, AMSA advised that the National Plan Strategic Coordination Committee (NPSCC) chaired by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts had made a risk‑based decision not to hold these exercises and established a reporting system to monitor the Plan’s capability and manage risks. It pointed out that the NPSCC was responsible for overseeing the Plan’s implementation and ensuring the effectiveness of its arrangements. Further, AMSA advised that it had participated in 3 desktop exercises conducted by Maritime Safety Queensland in 2020 and one exercise conducted by NSW Maritime in 2021.

In relation to emergency towage, AMSA invited the ATSB to consider whether state and Northern Territory governments were sufficiently considering emergency towage requirements through port [towage] licensing arrangements and whether this was contributing to a safety failure along the Australian coastline.

Transport for NSW (NSW Maritime)

Transport for NSW (NSW Maritime) submitted that the provisions most relevant to this incident were contained in the emergency response section of the Port Authority’s Port Safety Operating License (PSOL). According to NSW Maritime, once the ship entered state waters, the response had to be led by New South Wales and noted that planning for a pollution response was undertaken in case the ship stranded or pollution occurred.

With respect to its actions after becoming aware of the incident, NSW Maritime claimed that it proactively followed up with AMSA and the Port Authority and had numerous discussions with the MERCOM. It advised that briefings were subsequently provided to internal and external stakeholders and support provided to the Port Authority’s incident management team.

Further, NSW Maritime advised that, in addition to informing the Port Authority’s chief operating officer at the inter‑agency meeting at about 0945 that it was the designated combat agency under the PSOL and NSW Plan, the Executive Director of NSW Maritime who was the Marine Pollution Controller (MPC) formally reaffirmed to the chief executive officer of the Port Authority that it was the designated combat agency under the PSOL.

According to NSW Maritime, once the Port Authority assumed the combat agency role, the response was well managed but the ‘lack of salvage (tug) capability and release of the ETV was ineffective’. It advised that the liaison officers were limited in their capacities as there are always some aspects and discussions that they will not be privy to, such as internal legal advice provided to incident management or response teams. In addition, NSW Maritime questioned if a place of refuge was requested, who requested it and to whom was the request submitted.[163]

Port Authority of New South Wales

The Port Authority claimed that as per appendix 2 of its PSOL it was required ‘to respond to oil and chemical spills, not emergencies’. It stated that the ‘area of operations’ defined by the NSW Plan (Figure 19) ‘were limited to marine pollution incidents, not maritime emergencies such as a disabled vessel’. It argued that the emergency response requirements in the PSOL for ‘port‑related emergencies’ within ports should be distinguished from a response to ‘incidents’ in coastal waters as per the NSW Plan. It stated that ‘incidents’ should be interpreted as involving oil or chemical pollution and that this interpretation was supported by the text in the title of appendix 2 being: ‘Area of operations for out of port oil and chemical responses’.

According to the Port Authority, the National Plan required that ‘no agency should assume responsibility for an incident until it was determined that the master failed in their responsibility to manage the maritime casualty’. It stated that, under the National Plan, AMSA was responsible for managing a casualty that originated in Commonwealth waters but it did not transfer management or control of the incident to the Port Authority as required. The Port Authority claimed that it had only held primary obligations for pollution response, which were ultimately not required to be exercised, but had accepted an informal transfer of prevention obligations (casualty management of the disabled ship) from AMSA.

The Port Authority further argued that even if the casualty was deemed to have originated in New South Wales waters, the National Plan assigned responsibility for that to the state government through Transport for NSW (NSW Maritime). It pointed out that the state EMPLAN assigned various roles to NSW Maritime with responsibility for pollution prevention, emergency towage and refuge arrangements, and response, including incident assessment/monitoring and assessment of refuge requests, but the Port Authority was not responsible for these activities. It noted that the EMPLAN and NSW Plan assigned responsibility for emergency response to the MPC and NSW Maritime, not the Port Authority, which could be the combat agency for pollution incidents but not for emergency response.

According to the Port Authority, under the NSW Plan, its ‘obligations as a combat agency were not enlivened in respect of the Portland Bay as the ship did not create an oil pollution spill, nor was there a situation in which an oil pollution spill was imminent and a pollution response could be usefully assembled’. It submitted that, under the NSW Plan, intervention in relation to a disabled ship in coastal waters outside port areas was a role for the MERCOM with the MPC and NSW Maritime supporting the response to incidents and emergencies whereas the role of the Port Authority was ‘to provide marine pollution responses, if required’.

Lessons from casualties

Historical context

As described in the section titled Peril at sea, shipping casualties and disasters have occurred throughout maritime history. Although the frequency of serious casualties resulting in the loss of ships has declined since the 1800s when steel‑hulled, power‑driven ships were introduced, their consequences have become more severe with many disasters, including in the twentieth century. The main reasons include the increasing size of ships, the quantities and types of cargoes carried and the passenger numbers carried. At the same time, tolerance for serious casualties, particularly those involving environmental damage and/or loss of life has progressively declined.

Lessons from casualties in modern times have often resulted in safety enhancements. The 1912 sinking of Titanic with the loss of more than 1,500 lives led to maritime nations adopting the first international convention on safety of life at sea in 1914 to prevent a similar catastrophe.[164] In 1948, when the IMO was established,[165] it adopted that convention, retaining its name and has since continued developing the SOLAS Convention as the main pillar to enhance maritime safety. Casualties continue to offer valuable lessons to improve standards, regulations and seamanship to help avoid disasters.

Incidents in Australia

The waters off Australia’s coastline are not as congested as many waterways overseas such as the Mediterranean Sea, English Channel and Singapore Strait. However, Australia’s coastline is extensive, with large distances between ports with resources such as ETVs and harbour tugs few and far between. This aspect presents challenges when managing emergencies in accordance with the National Plan.

Since it was developed in 1973, the National Plan has been used to manage numerous casualties and pollution incidents. Since 1991, AMSA has managed the Plan and many incidents, including those that involved Sanko Harvest and Kirki in 1991, Era in 1992, Iron Baron in 1994, Laura D’Amato in 1999, Global Peace in 2006, Pacific Adventurer in 2009 and Shen Neng 1 in 2010. The principal contributing factors to these incidents were different and included hull failure, hull damage and stranding, however all resulted in oil spills. Even relatively limited pollution in an environmentally sensitive area is significant, such as the 4 tonnes spilled from Shen Neng 1 in the Great Barrier Reef (Figure 23).

Figure 23: Shen Neng 1 stranded on Douglas Shoal, Great Barrier Reef, Queensland

Figure 23: Shen Neng 1 stranded on Douglas Shoal, Great Barrier Reef, Queensland

Source: Maritime Safety Queensland

Many serious incidents, including groundings, strandings and near strandings, have not resulted in pollution. The more recent incidents, some of which occurred in the Great Barrier Reef region, include those involving Bunga Teratai Satu in 2000, Doric Chariot in 2002, Crimson Mars in 2006, Pasha Bulker in 2007, MSC Lugano, Atlantic Eagle and Iron King in 2008, Atlantic Blue in 2009, ID Integrity in 2012, Maersk Garonne in 2015, Aquadiva in 2017, Bulk India in 2018, Trinity Bay in 2021 and Rosco Poplar in 2022. The ATSB investigated these incidents and some of the circumstances in the cases are comparable to those of this incident, including the application of National Plan arrangements.

In 2007, Pasha Bulker did not clear the coast in a storm, which drove it on to Nobbys Beach, Newcastle (Figure 24). Two other ships narrowly avoided stranding by resorting to emergency use of their anchors. The salvage operation to refloat Pasha Bulker was monitored by AMSA and succeeded after a couple of months. There was no pollution but the incident’s location on the beach of a major city made it significant.

Figure 24: Pasha Bulker stranded on Nobbys Beach, Newcastle, New South Wales

Figure 24: Pasha Bulker stranded on Nobbys Beach, Newcastle, New South Wales

Source: ATSB

In 2008, MSC Lugano lost propulsion after an engine room fire about 100 miles south‑east of Esperance, Western Australia (WA). The disabled ship drifted towards the coastline and harbour tugs from Esperance were deployed by AMSA when worsening weather increased the risk of grounding. The tugs were able to prevent a grounding on shoals about 6 miles off until a salvor’s tug from Fremantle, WA, took the ship in tow and safely towed it to there for repairs.

In 2012, ID Integrity lost propulsion due to mechanical issues with its engine in the Coral Sea and drifted towards the Great Barrier Reef. The dedicated ETV in Queensland was tasked by AMSA and the ship’s managers arranged 2 tugs from nearby ports. Contingencies, including the use of anchors, were put in place while waiting for the tugs. The ETV towed the ship to Cairns for repairs with the other tugs assisting as escorts.

Each year, thousands of ships call at Australian ports (AMSA data indicates that 6,042 individual ships made 26,744 calls in 2022). A small number of these voyages involve a ship breaking down in Australian waters. Most breakdowns are rectified relatively quickly, however, at times, a ship is disabled close to a lee shore in bad weather with the risk of stranding.

An assessment of oil pollution risk in 2011 based on a data set of incidents in Australia found that the proportion of spills due to drift groundings and powered groundings were 22% and 20% of the total, respectively.[166] The drift groundings were typically due to loss of propulsion and/or anchors in adverse weather while the powered groundings were typically the result of navigational errors.

Causes of strandings

Historically, the consequences of strandings have often been severe. A significant proportion of very serious casualties in modern times have also been strandings with hull damage and consequential pollution. The Nautical Institute publication, Strandings and their Causes,[167] described the various causes and includes many case studies with useful lessons. Chapter 8 of the publication (Loss of Propulsion and Stranding) is directly relevant to this incident:

Human error accounts for the overwhelming part of strandings, but a not insignificant number of such casualties result from steering or propulsion machinery failure. Yet even in such cases the element of human error is often dominant though usually unconnected with those responsible for the navigation of the vessel. Unfortunately, there is ordinarily little the master can do to forestall mistakes in an area in which he not only usually lacks competence but also will not have direct access to the relevant information and facts. As far as the propulsion of his ship is concerned he is little more than a passenger. It is prudent, therefore, for him to include in his planning of a passage for the possibility of a loss of steering or propulsion or both. In most cases such an eventuality will not expose the vessel to immediate hazard, as more often than not the vessel be on the open sea and the machinery will be restored to operation in good time. Where the vessel is incapacitated close to land, however, failure to take this possibility into account beforehand could mean the difference between a close call and standing.[168]

The following observations from this publication also offer the following insights: 

  • Occasionally it will happen out of a single mistake or momentary lapse of judgement, but far too often the stranding is only the climax of a chain of errors and oversights coloured, if not determined, by bad judgement.[169]
  • With strandings, as with collisions, it is rare that a single fault or mistake is responsible. Luck will often allow a lone mistake to pass unpunished and in most cases the casualty is the end of a chain of errors.[170]

The learnings from casualties, albeit with the benefit of hindsight, invariably provide invaluable lessons. The lessons learned provide the knowledge and foresight to make prudent decisions not only to avoid an emergency but to effectively manage one.

Safety analysis

Introduction

Incident 

Portland Bay sailed from Port Kembla, New South Wales, on 3 July 2022 as bad weather was impacting its stay in port and was expected to return there when the weather improved. The ship steamed and intermittently drifted about 12 nautical miles (miles) from the coastline.

In the early hours of 4 July, the main engine developed mechanical problems, which disabled the ship 12 miles from the lee shore. A couple of hours later, after unsuccessful attempts to resolve the engine problems, the ship’s master notified Port Kembla vessel traffic service that the main engine had failed and requested tug assistance. About 2 hours later, a harbour tug from Sydney was en route but the ship had closed to one mile from the shore. The master made emergency use of both anchors to prevent stranding on the rocky shore about 12 miles south of Port Botany (Sydney).

About one hour after the ship anchored, the harbour tug arrived and attempted to assist. Some 4 hours later, 2 more harbour tugs from Sydney arrived. By late afternoon, these 2 tugs began towing the ship away from the coast but a couple of hours later in the evening, one parted its towline. The ship then drifted towards the shore and the master again anchored about one mile from the shore off Bate Bay near Sydney. Later that night, the state’s nominated emergency towage vessel (ETV) deployed from Newcastle.

The ETV arrived on scene after midday on the following day, 5 July, and connected a towline that evening in preparation to tow the ship into port. On the morning of 6 July, the ETV (with harbour tugs assisting) towed the ship into Port Botany, where it was berthed in the afternoon for refuge and repairs.

Analysis

This analysis firstly details the factors that contributed to Portland Bay’s propulsion failure and disabling in bad weather, which led to the emergency. A major part of the analysis necessarily examines the response to the emergency by authorities from the initial activities and events to its subsequent management over the next 2 days and identifies 7 associated safety issues.

Development of emergency

The emergency developed over a period of about 18 hours after Portland Bay departed Port Kembla on 3 July. The ship’s situation then progressively became more precarious.

Coast not cleared 

The master had taken command of the ship on 22 June, 2 weeks before the incident. The handover and subsequent ship operations indicated that the ship and its machinery were in operational condition. In addition, a week before the incident, the ship had left Port Kembla to clean its cargo holds and anchored or drifted off the port for a couple of days.

After the ship berthed again on 2 July, the master observed the worsening weather and complied with the harbour master’s weather‑related precautions. When the weather deteriorated on 3 July, the master agreed with the Port Authority’s decision for the ship to put to sea to avoid damage to the ship and berth. Maintenance for main engine auxiliary blower number 2 was pending, but the chief engineer and the master were not concerned about this affecting the engine’s performance.

After the ship sailed on 3 July, the master noted several ships drifting in the general area off the coast. The master was aware of Port Kembla vessel traffic service’s (VTS) advice to masters to keep ‘at a safe distance (around 12 miles)’ from the coast. The ship steamed on an east‑north‑easterly course that slightly diverged from the coast and, when it was 12 miles off, the engine was stopped to drift (Figure 1). For the rest of that day and night, the ship drifted and steamed intermittently, remaining 8‍–‍15 miles off the coast. In submission to the draft of this report, the master advised that the weather further offshore was worse, hence the ship was manoeuvred to avoid main engine damage from sudden load fluctuations due to the propeller not being fully immersed when pitching.

However, the shipboard safety management system (SMS) procedures required that, in bad weather, masters remain 50 miles from the coast where possible, which was consistent with good practice and seamanship. While the master stated that the heavy weather had made this ‘impossible’, the evidence indicates that it had been possible to attempt to clear the coast.

When the ship had got underway again at 0330 on 4 July, it was put on a true heading (course) of about 110°. The master found that the ship experienced less rolling on this course. It also began moving directly away from the coast at about 3 knots. The reduced rolling and progress away from the coast were attributable to the weather being on the ship’s starboard bow (as opposed to nearly abeam earlier while it was steaming or drifting).

Therefore, after putting to sea, had an attempt been made to clear the coast on a 110° or similar course at the same engine speed, the ship could have been 50 miles from the coast by 0500 on 4 July. The master’s decision to drift and steam intermittently 12 miles off the coast was probably influenced by the advice from VTS, other ships drifting in the area, an expectation to return to Port Kembla and having no concerns about the engine. However, remaining there exposed the ship to the risks that the SMS procedures were intended to address. It was also not consistent with good practice and seamanship.

Contributing factor

After departing Port Kembla in adverse weather on 3 July 2022, Portland Bay’s master steamed slowly or drifted about 12 miles off the coast instead of safely clearing it in accordance with the ship’s safety management system procedures.

Main engine problems

Degraded engine performance

With the ship’s east‑north‑easterly course and the seas and swell nearly abeam, the main engine rpm achieved fluctuated widely as the ship rolled and pitched heavily (Figure 9). The fluctuating engine load would have led to turbocharger surge and repetitive opening and closing of scavenge system non‑return flaps. The load fluctuations resulted in excessive fuel being injected into the engine with incomplete and unstable combustion and build‑up of carbon and fuel deposits. Piston blow‑by due to sticky piston rings caused by poor combustion, excessive fuel injection, excessive cylinder lubrication and a leaky fuel injector further increased the build‑up of fuel deposits and sludge. In addition, excessive cylinder lubrication resulted in excess oil in the under‑piston space.

Continuous operation with these factors and conditions progressively degraded the performance of the engine.

Contributing factor

Operating the main engine at low speed while the ship was rolling and pitching heavily exacerbated engine load fluctuations due to turbocharger surge and non‑return flap hammering. Engine performance was further degraded by a leaky fuel injector, poor combustion and excessive cylinder lubrication, which resulted in sludge and deposits accumulating in the engine scavenge spaces, blow by and sticky piston rings.

Auxiliary blower failure

The electric motor and impeller bearings of auxiliary blower number 2 were replaced in June 2021. In March 2022, an inspection had identified a cracked impeller, damaged shaft bearings and worn bearing housings. A previously used impeller was fitted and the cracked one was weld repaired. In April 2022, the welded impeller was refitted without rebalancing. New bearings were fitted in the same worn bearing housings because there were no spares on board at the time.

A new impeller and bearing housings were to be fitted in Port Kembla but, before this could be done, the ship put to sea on 3 July. Therefore, the blower had been operating with an unbalanced impeller and oversized bearing housing since April. Its unbalanced operation was exacerbated by the varying engine load conditions at sea and eventually resulted in the blower’s failure on 4 July when the impeller bearings failed.

Contributing factor

The main engine auxiliary blower number 2 impeller bearings failed in the early hours of 4 July. This was most probably due to prolonged operation with an unbalanced impeller and oversized bearing housing, aggravated by varying engine load due to the ship's rolling and pitching.

Engine speed limited

After the ship put to sea on 3 July, a combination of:

  • main engine speed fluctuations
  • incomplete and unstable combustion
  • excessive fuel injection
  • piston blow‑by
  • excessive cylinder lubrication
  • a leaky fuel injector

resulted in a build‑up of carbon, fuel and deposits that progressively degraded engine performance. In addition, combustion airflow reduced as some air was recirculating to the auxiliary blower through a distorted turbocharger delivery non‑return flap. When auxiliary blower number 2 failed, airflow reduced to the point that the engine could not achieve a speed of more than about 42 rpm (dead slow ahead setting).

The engine manufacturer’s conclusions based on its inspection and service following the incident were consistent with the evidence and the operating conditions on 3 and 4 July. The manufacturer concluded that the main reason limiting the engine speed had been insufficient combustion air. The condition of each engine component, on its own, was not considered enough to disrupt airflow and limit engine speed. However, the combination of component wear and fouling of multiple components, limited the operation of the engine to about 42 rpm.

Contributing factor

The failure of auxiliary blower number 2 substantially reduced the normal airflow to the engine. In addition, some air was recirculating to the blower inlet through a distorted turbocharger delivery non‑return flap. The resulting low airflow limited the engine speed to 42 rpm (dead slow ahead setting) and significantly reduced the propulsive power available.

Ship disabled

Portland Bay’s significant loss of propulsive power in the rough weather conditions effectively disabled the ship. With no steerage way and the wind on its port beam, the ship began drifting towards the shore about 12 miles off (Figure 4).

The master arrived on the bridge 2 minutes after failure of the auxiliary blower. Over the next 20 minutes, it became evident that the ship was disabled in very unfavourable conditions and drifting rapidly towards the shore. The engine speed available was too low to steer the ship (which was stationary in the water) on to a course to put the weather on the bow to reduce drift and rolling or to attempt steaming away from the shore. At 0513 on 4 July, the master assessed that the ship was 3‍–‍4 hours away from drifting on to the shore about 11 miles off.

Contributing factor

The significant loss of Portland Bay’s propulsive power in the prevailing gale force winds, very rough seas and heavy swell effectively disabled the ship and resulted in it drifting towards the lee shore.

Delayed notification

The master’s assessment that the ship was 3‍–‍4 hours from the shore if propulsion was not restored and the chief engineer’s advice that the auxiliary blower could not be quickly repaired indicated that prompt emergency notifications were necessary to obtain tug assistance in time.

About 30 minutes after the engine developed problems, the master notified the ship’s managers, Pacific Basin, about the emergency and being 10 miles from the lee shore in heavy weather. Over the following 85 minutes, its senior management, including the fleet director and the marine and safety manager largely provided engineering advice to resolve the problem. Except for briefly asking about steaming 50 miles away from the coast, other SMS requirements such as notifying authorities as per the company’s crisis management manual, were not raised with the master.

Although the master voiced increasing concerns to those on the bridge about the ship closing the coast and the need to obtain tug assistance, those concerns were not specifically raised with Pacific Basin, which focused on providing engineering advice. While the focus on restoring usable engine power was understandable, attempting to resolve the engine issue and notifying authorities could have been done simultaneously. The emergency required prompt notification to authorities in accordance with the SMS procedures to maximise the available response time.

However, this did not occur even after Pacific Basin’s designated person ashore (DPA) was informed at 0615. The fleet director, marine and safety manager and DPA were required to be completely familiar with the company’s crisis management and SMS requirements. They were also expected to ensure critical actions, such as notifying authorities to manage the worsening emergency, were promptly taken.

At 0624, when the engine could not be restarted, the disabled ship began displaying ‘not under command’ (NUC) signals and the corresponding NUC status on the automatic identification system (AIS). However, authorities ashore were not notified and Pacific Basin continued directing efforts to start the engine. It was not until 0650, when the master again raised the subject of tug assistance with Pacific Basin, that this was properly considered. Five minutes later, Pacific Basin agreed to the master requesting tug assistance. Soon after, at 0656, Pacific Basin established a virtual team to manage the emergency and one minute later, the master notified Port Kembla VTS of the engine failure and requested tug assistance.

Had the master raised the concerns with Pacific Basin explicitly and strongly much earlier, it would have been compelled to respond appropriately. However, the master would also have reasonably expected Pacific Basin to raise the subject of notifying authorities as per its SMS emergency procedures. When the subject was not raised and only engineering advice was offered, the master probably deferred to the managers ashore on the basis that they were aware of the situation but not recommending or encouraging notifying authorities.

The delay in notifying authorities was contrary to the SMS procedures, good practice and recognised guidance. It also highlights the importance of the warning: ‘do not delay sending appropriate alerts and notifications’ in the publication ‘Peril at Sea and Salvage: A Guide for Masters’ (master’s Guide) previously discussed. Notifying authorities should have been a priority for both the master and Pacific Basin’s senior management.

Contributing factor

Portland Bay’s master notified Port Kembla vessel traffic service that the main engine had failed and requested tug assistance about 2 hours after the ship was disabled. This delay significantly reduced the time available to Australian authorities to respond and for tugs to assist the ship in time to avoid a stranding.

Contributing factor

Portland Bay’s manager, Pacific Basin Shipping, did not provide the master advice about notifying authorities as per the ship’s safety management system emergency procedures, instead focusing on the engineering matters. This probably led to the master delaying the notification and the request for tug assistance. (Safety issue)

Initial response

The following sections examine the response during the 3.5 hours after the master notified Port Kembla VTS. The National Plan for Maritime Environmental Emergencies (National Plan) and the NSW Coastal Waters Marine Pollution Plan (NSW Plan) are referred to extensively.

Notifications

At about 0700 on 4 July, Port Kembla VTS informed the ship’s agent in Port Kembla (Monson) that the master had requested tug assistance. It then made internal notifications within the Port Authority of New South Wales (Port Authority). However, neither the Australian Maritime Safety Authority (AMSA) nor NSW Maritime were notified as required by the VTS procedures and NSW Plan (Figure 18).

The NSW Plan assigned VTS sole responsibility for making the required notifications. It also warned that incidents less than 20 miles offshore were potentially significant (when the master notified Port Kembla VTS, the ship was less than 7 miles from the shore in Commonwealth waters). Therefore, VTS was required to promptly notify AMSA and NSW Maritime.

However, the master also notified Marine Rescue Port Kembla at 0703. Although the NSW Plan did not apply to Marine Rescue, it informed the NSW Police and NSW Maritime about the incident at about 0710. Shortly afterwards, NSW Maritime contacted AMSA, found that it was not aware of the incident but did not contact Port Kembla VTS or the Port Authority at that time (instead NSW Maritime contacted AMSA again at 0803, when it was provided available information after which it contacted the Port Authority).

At 0744, some 45 minutes after the master notified it, Port Kembla VTS reported the incident to AMSA. This delay reduced the time available to AMSA to initiate and coordinate a response. In addition, during the intervening time, the ship had drifted to within 5 miles of the coast. This also increased the jurisdictional complexity for an AMSA response under the National Plan to the emergency in Commonwealth waters, yet close to coastal waters in which New South Wales was responsible.

Contributing factor

Port Kembla vessel traffic service delayed notifying the Australian Maritime Safety Authority (AMSA) about the incident for 45 minutes. This delay reduced the time available to AMSA to initiate and coordinate an emergency response.

Tug assistance

The urgency message (PAN) broadcast by Portland Bay’s crew at 0716, as suggested by Marine Rescue, was probably also intended to expedite the deployment of tugs. Soon after the PAN broadcast, Sydney VTS began monitoring the ship’s movement and seeking tugs in the port. Engage Towage confirmed that it would immediately prepare a tug.

Sydney VTS contacted AMSA at 0745 to arrange an ‘emergency tug’ and advised that Engage Towage was preparing a tug. In response, AMSA (which had been notified by Port Kembla VTS one minute earlier) advised that the ETV, Svitzer Glenrock, was in Newcastle. Consequently, Sydney VTS advised that it would arrange an available tug(s) from Sydney.

Meanwhile, Monson was aware of the master’s request for tug assistance, but did not know that the ship had broken down. By the time Monson followed up the tug assistance request with the master and Pacific Basin it was nearly 0800. Soon after, realising the urgency, Monson contacted Svitzer Australia (Svitzer) for a tug. Svitzer then began preparing to provide its tug, Bullara.

Notwithstanding their limited emergency towing capabilities, the Sydney harbour tugs were the only immediately available options as the ETV was several hours steaming away. However, at that stage no tug could have arrived in time to prevent the disabled ship drifting on to the shore. Emergency anchoring was the only means of preventing a stranding.

Emergency anchoring

Soon after the PAN broadcast at 0716, Pacific Basin asked the master to prepare for emergency anchoring. Over the next 2 hours, it provided the master with guidance for anchoring, consistent with the safety management system (SMS) procedures.

While Marine Rescue had suggested anchoring immediately, the master had rejected the suggestion as anchoring in deep water was contrary to the SMS procedures and the master’s Guide (Peril at Sea and Salvage). In deep water, the master’s Guide suggested that the anchors could be lowered to reduce drift rate. However, the master did not consider this, probably due to the risk of the anchors holing the hull as the ship rolled heavily and/or to avoid fouling the anchor cables (the chains becoming entangled).

Anchoring equipment is intended to be used in a harbour or sheltered area and is not designed to hold a ship in rough weather. However, the use of anchors in emergencies is recognised and has been used as a last resort to prevent strandings.

The master’s planning and preparation for anchoring, including the instructions to the chief mate and others indicated a good understanding of the SMS procedures and the inherent limitations of anchoring equipment. This resulted in the appropriate and effective deployment of the anchors shortly after 0900, consistent with good seamanship.

Most importantly, anchoring prevented a likely catastrophic stranding on the rocky shore less than one mile off.

Other finding

Portland Bay's emergency anchoring prevented a catastrophic stranding on the rocky shore in heavy weather (anchoring equipment is not designed to hold a ship in rough weather).

Crew rescue attempt

Soon after AMSA was notified at 0744, it took over search and rescue (SAR) coordination. Within minutes, AMSA determined that a stranding was probably imminent. As the consequences could include loss of life, evacuating the crew became the primary mission. By 0800, AMSA had initiated an operation to rescue the ship’s crew in accordance with its SAR procedures.

Consequently, by the time the ship was anchoring, 3 AMSA‑tasked rescue helicopters were en route. Some confusion ensued when they arrived on scene to find a fourth helicopter (unknowingly arranged by NSW Police) but AMSA soon resolved this by standing it down. There were no tugs or police vessels on scene at the time.

After about 0930, the helicopters attempted to winch crew off the ship’s deck, but heavy rolling and pitching and the structures on deck made the operation very hazardous. Consequently, after 3 unsuccessful attempts, the rescue was abandoned as the anchors were reported to be holding at that time. In addition, surface assets, including the tug SL Diamantina, were due soon.

While the rescue attempt was consistent with the overriding consideration for safety of life, some matters were inadvertently overlooked. In addition to the uncoordinated arrival of the fourth helicopter, the subject of the crew that would remain on board for a towing operation was not discussed between AMSA, the Port Authority, the master and Pacific Basin. While this had no material consequences as the rescue was abandoned, it created unnecessary confusion and uncertainty about emergency towage matters.

Other finding

The attempt to rescue Portland Bay's crew by helicopter in case it stranded was appropriate, as was its risk‑assessed suspension after the ship’s anchors reduced the risk of stranding.

Assuming control

Soon after the Port Authority’s Sydney VTS began monitoring the ship’s movement at 0720, it became evident that it would enter the state’s coastal waters after about one hour. The ship would then be in the region where the Port Authority was responsible for response (Figure 19). The only action taken by the Port Authority at that stage was seeking tugs and, at 0744, notifying AMSA.

In submission to the draft of this report, the Port Authority argued that, under the National Plan, neither AMSA nor the New South Wales Government were permitted to assume control of a casualty unless it was determined that the shipowner or master had failed in their responsibility to manage the casualty effectively, in a timely manner or in the interests of protecting the community and the environment. It reiterated its views about the responsibilities of governments as previously described (see the section titled Submissions to draft report) and pointed out that AMSA was responsible for managing the casualty, which had originated in Commonwealth waters, but did not follow the process for a change of control agency under the National Plan. The Port Authority stated that if the casualty was found to have originated in coastal waters, then the New South Wales Government through NSW Maritime was responsible/accountable.

However, when the master notified the Port Authority’s VTS at 0657 about the main engine failure and requested tug assistance with the ship less than 7 miles from the shore, it was evident that prompt action was critical to mitigate the ship’s perilous situation, which was plausibly the result of the master not having managed it effectively. Despite having the necessary information to make that conclusion, the Port Authority did not notify AMSA for more than 45 minutes and never notified NSW Maritime as was required.

However, the Port Authority did seek tugs, which indicated understanding the emergency situation but an inability to follow the relevant plans and procedures to ensure that the appropriate authorities could oversee or manage the casualty and, if necessary, assume control to avoid an impending disaster. Suggesting that the National Plan did not permit any authority to assume control in that situation while, at the same time, asserting that only AMSA or NSW Maritime were responsible and accountable is disingenuous.

Shortly after about 0810, the Port Authority and NSW Maritime first discussed national and state roles and responsibilities when the ship entered state waters. No request had been received from AMSA for New South Wales to assume control nor did they know if AMSA had assumed control under the National Plan. Instead of taking decisive action to confirm the combat (control) agency, they deferred the decision to a multi‑agency meeting to be convened, effectively postponing this important matter. Consequently, when the ship entered New South Wales waters at 0822, no agency had assumed the control agency role.

In submission to the draft report, AMSA argued that as the Port Authority had been arranging tugs with the ship moving towards New South Wales waters, the state had assumed control of the casualty and that this was formally confirmed at the inter‑agency meeting later.

At 0840, while progressing the SAR operation, AMSA established an incident management team (IMT) for an AMSA level 3 incident (moderate severity level) but did not inform the Port Authority. As a result, there was no coordination between the 2 agencies and AMSA’s IMT continued to focus entirely on rescuing the ship’s crew.

Consequently, it was only after the multi‑agency meeting began at about 0945, that it became clear that AMSA had only taken charge of the rescue operation, which was then abandoned. At that meeting, NSW Maritime indicated to the Port Authority that it should assume control of the incident with which AMSA agreed. This resulted in further discussions until, at about 1020, the Port Authority agreed to assume control.

According to the Port Authority, it assumed control as it was obliged to assist NSW Maritime to manage incidents in state waters under the inter‑agency memorandum of understanding (MoU) previously described and considered itself more capable of managing the incident. This was not a correct interpretation of the MoU or a proper understanding of the Port Authority’s area of responsibility for this incident as defined in the NSW Plan and its PSOL.

While the Port Authority had previously consistently insisted that the MoU was the basis of its decision for assuming control, its submission did not refer to the MoU. Instead, it presented the jurisdictional argument above, which serves to reiterate that the Port Authority did not, and does not, have a proper understanding of its role and responsibilities for emergency response under the NSW Plan and PSOL.

The delay in the Port Authority assuming control in large part contributed to no agency formally controlling and coordinating the response until 1020. This compounded the complexity of managing the emergency, which had continued to worsen over the previous 5 hours.

Emergency management 

After the Port Authority formally assumed control, the emergency continued for a further 2 days. The following section examines the management of the situation through to its conclusion.

Australian Maritime Safety Authority

As previously noted, when AMSA was notified of the emergency, Portland Bay was in Commonwealth waters in its area of responsibility under the National Plan.

Relevant procedures

As described in the National level section, AMSA had developed a comprehensive set of procedures and guidance for an optimal emergency response under national arrangements. Its Maritime Assistance Services (MAS) procedures were directly applicable to this incident. These procedures provided detailed guidance about the proportionate and reasonable response based on a 5‑level incident severity categorisation. While the levels were not consistent with the 3 levels defined by the Australasian Inter‑service Incident Management System (AIIMS), the guidance was adequate to initiate an appropriate response.

The National Plan highlighted that a timely response was critical and suggested over‑escalation and pre‑emptive or precautionary moves in the initial response as it was more effective to scale down than up.

The MAS procedures and incident severity matrix (Appendix B) categorised a machinery failure where multiple critical systems had failed with no redundancy and no prospect of recovering them as a level 4 (major) incident. Where all critical systems had failed without prospect of recovering them (dead ship), it was to be categorised as a level 5 (severe) incident. The matrix had the following guidance for level 4 and level 5 [in brackets] incidents:

  • probable tasking of nearest ETV [immediate tasking]
  • probable place of refuge request [request received]
  • probable request from impacted state(s) [request received]
  • probable deployment of AMSA maritime casualty officer – MCO [MCO deployed, if safe]
  • media coverage is expected [is occurring].

However, as previously noted, AMSA categorised the incident as level 3 (moderate severity). This meant that the ship’s propulsion failure had been assessed as affecting its safe navigation with a low likelihood of rectification within 6 hours and a moderate risk for environmental damage. Given that AMSA was notified that the ship’s main engine had failed and it could ground in 1.5 hours, its procedures required the incident to conservatively be assessed as level 5 but no less than level 4.

In any case, alerting and tasking the state’s ETV should have been a first response while seeking the nearest, available harbour tug(s) as ‘vessel(s) of opportunity’. Further, given the casualty was in Commonwealth waters, AMSA was obliged to immediately assess the situation, take necessary action/intervene as per the National Plan and its MAS procedures and, if it decided to hand control of managing the casualty to New South Wales, make a formal request to NSW Maritime’s MPC. None of these critical actions were taken, nor any preparations made to respond to a ‘place of refuge request’ as flagged by its procedures.

In submission to the draft of this report, AMSA stated that the failure [of the ship’s master and Port Kembla VTS] to make prompt notifications resulted in AMSA being unable to respond consistent with its responsibilities for 2.9 hours, after which the casualty remained in Commonwealth waters for ‘only 38 minutes’. It further stated that the response was effectively under New South Wales Government control since Port Kembla VTS was notified, the state agencies had initiated a response and were fully aware that the casualty would drift into the state’s waters.

According to AMSA, New South Wales agencies not seeking to transfer control to AMSA was ‘a strong indicator that they believed that continuity was important with the impending impacts upon their jurisdiction’. Once it was notified, AMSA stated that it supported the New South Wales response, including tasking and contracting assets, establishing a management team to coordinate support and intervened to direct the ship into Port Botany.

The ATSB acknowledges AMSA’s position, however, as discussed previously and above, it does not consider AMSA took adequate and timely action for the optimal management of this casualty given its central role as the manager of the National Plan with direct control of the key national arrangements, including towage assets. This contributed significantly to prolonging the emergency.

Emergency towage vessel activation

While AMSA’s initial focus was the SAR operation, it did task Bullara after becoming aware that the tug would not be hired to assist the ship. Bullara’s location and earlier preparation to deploy meant that it could join other tugs deployed to assist. However, the ETV, Svitzer Glenrock, was not tasked or alerted.

In submission to the draft report, AMSA stated that Bullara was the designated tug with alternate capability for the New South Wales region and met all conditions of the ETC contract, including appropriate towing gear and equipment. However, the contract did not refer to any alternate tug or Bullara, which did not meet all the contractual requirements, including its towing equipment which failed. Nor had Svitzer equipped or nominated it as the ETV for the New South Wales region.

The Port Authority asked AMSA’s liaison officer at 1230 on 4 July to activate the ETV but a communication breakdown within AMSA resulted in the request not being actioned. When the request was followed up more than 6 hours later, it took AMSA another hour to issue an ‘on task direction’ for the ETV at 1957. Since the ETV had not been alerted earlier, its crew then needed a couple of hours to prepare for deployment.

Consequently, the ETV deployed at 2230, about 15 hours after AMSA was first notified of the emergency. The passage to Bate Bay in bad weather then consumed another 15 hours. By the time it arrived on scene and connected a towline late on 5 July, it was deemed to be too late to conduct a safe tow into Port Botany that day, further prolonging the emergency.

In submission, AMSA argued that the Port Authority could have deployed Svitzer Glenrock under its harbour towage contract if it had deemed its deployment to be necessary. In addition, AMSA stated that the ETV was available to ‘private industry’ under commercial arrangements. However, this assertion does not consider the relevant terms of the ETC contract and the requirement that only AMSA could activate the ETV (as documented in the National Plan and MAS procedures). It is also inconsistent with the general understanding of other parties, including the Port Authority, NSW Maritime, United Salvage and Svitzer, about the tasking or release of the ETV.

Given that the heavy weather was always going to delay Svitzer Glenrock’s passage from Newcastle, the delay of more than 12 hours in tasking the ETV unnecessarily prolonged the emergency. The delay was largely the result of the ineffective implementation of the MAS procedures, which was also evident in AMSA’s subsequent actions, and its understanding that the ETV was readily available to other parties.

On 5 July, some 12 hours after the ETV was activated, AMSA upgraded the incident to severity level 5 as per the MAS procedures, documenting ‘machinery failure and immediate tasking of ETV’. However, the incident’s severity level and its potential consequences had been high since the emergency developed and not significantly changed in the preceding 24 hours. At no stage, including during the attempted tow, was the risk low enough to make the tasking of the ETV unnecessary.

Contributing factor

The Australian Maritime Safety Authority’s Maritime Assistance Services procedures to support the National Plan for Maritime Environmental Emergencies (National Plan) were not effectively implemented. Consequently, there was a 12‑hour delay in tasking the state’s nominated emergency towage vessel, Svitzer Glenrock, which significantly prolonged the emergency. (Safety issue)

Directions to enter Port Botany

A request for a place of refuge direction became increasingly likely as the emergency continued. Despite the planned tow away from the coast, there was no assurance that the ship’s propulsion would be restored. Given the ship’s general location, seeking refuge in Port Botany was always likely. This became almost certain at 1828 on 4 July when United Salvage asked the Port Authority’s incident controller (IC) to open the port for the ship to shelter as it was proving impossible to tow it clear of the coast. Shortly afterwards, when Bullara’s towline parted, United Salvage asked AMSA to have the port opened and, at 1945, submitted a formal ‘place of refuge’ request to the Maritime Emergency Response Commander (MERCOM).

Although the MAS procedures advised a place of refuge request was to be expected, AMSA had not prepared for a request or made a related assessment. Soon after 1900, when the IC followed up the earlier ETV request with the MERCOM, they also discussed the issue of directions under national and state legislation and concluded that the former would be required. However, the IC advised that as the port was closed, the ship could not be towed there until the weather improved. No action was taken to prepare for, or draft, directions then or after United Salvage’s request.

Consequently, when the IC requested the MERCOM to issue necessary directions on the morning of 5 July, they first discussed which parties would need to be issued the directions. The MAS procedures included guidance for issuing directions, including an assessment tool for decision‑making and a standard form. With no prior preparation, assessment and drafting of directions, which included discussions between AMSA divisions, took many hours before their issue late that afternoon.

The directions themselves (Appendix E) were brief and relatively straightforward and appeared not to be contentious as they allowed recipients (the master, shipowner, salvor and the Port Authority) to achieve their shared objective of providing safe refuge to the ship. In this context, the 7 hours taken to issue the directions that were central to resolving the emergency was considered to be excessive and indicative of an inefficient process.

In submission, AMSA stated that ‘a direction can only be issued when the delegate is satisfied that the conditions of the Protection of the Sea (Powers of Intervention) Act 1981 (POI Act) have been established’ and ‘whether a direction is simple or non‑contentious is of no relevance’. It noted that ‘the first consideration of the delegate is to determine (in this case) is whether pollution is likely, and then to consider (amongst other things) whether a direction is necessary and proportionate’. In this regard, AMSA highlighted section 10 of the POI Act (Appendix C) and the criteria that it required a delegate to consider.

On 5 July, when the direction was being considered, AMSA stated that the weather had abated and the Port Authority was planning to reopen ports. According to AMSA, substantial analysis and legal review was therefore required to determine if the direction could be issued based on being satisfied that oil or noxious substance was likely to escape from the ship and noting that the Port Authority had the authority to allow the ship to enter the port, leading to questions whether the direction was proportional and reasonably necessary. In addition, AMSA invited the ATSB to consider whether the POI Act was ‘fit for purpose to effectively address maritime casualty situations’.

In acknowledging AMSA’s perspective, the ATSB notes that the formal place of refuge request was submitted on 4 July during the continuing emergency when the ETV had not been tasked. Therefore, the requirements of the POI Act could have been reasonably and promptly assessed using the MAS procedures, place of refuge guidelines and other relevant guidance. The argument presented by AMSA and the time taken to issue the directions following the IC’s request when the ETV was en route suggests that it was not completely satisfied that the directions were necessary or proportional. In this case, concerns should have been raised in detail with the IC, particularly as AMSA had offered to issue the directions the previous day, which had been opposed by the IC due to port closure. The salvor’s request for refuge should also have been addressed in a timely manner.

Other factor that increased risk

The Australian Maritime Safety Authority’s process to issue directions was inefficient and resulted in excessive time to issue directions allowing Portland Bay to enter Port Botany as a place of refuge. While this delay did not further prolong the emergency, such delays increase risk in time‑critical situations. (Safety issue)

National Plan management

The National Plan’s principles included:

  • a single integrated response
  • comprehensive management
  • use of a risk‑managed approach
  • effective stakeholder engagement
  • integration of Australasian emergency management systems.

The first 2 of these principles underpinned optimal management of incidents through effective coordination of salvage, emergency towage and intervention matters. As AMSA has managed the National Plan since 1990, it has been central to managing any incident (either as the control agency or in a supporting role depending on incident location), particularly as it has had direct control of the key national arrangements comprising emergency towage capabilities (ETC), MERCOM and powers of intervention. Its responsibilities also included maintaining national contingency plans, managing the national response team, coordinating training and providing response equipment.

The scope of the plan included potential and actual pollution, environmental harm, casualties and salvage. As such, the MERCOM was expected to assume control of significant incidents and, if necessary, establish a casualty control unit to work with the IMT. In addition, the plan required a comprehensive response to any incident, regardless of how costs were attributed or recovered.

As previously detailed, there was delay in activating the ETV and using intervention powers under national legislation, which provided broad powers with effective mechanisms to take necessary action, including to prevent actual or potential pollution (Appendix C).

A key reason for the ineffective implementation of AMSA’s procedures and guidelines was probably because annual exercises had not been conducted. As emergencies are rare, these exercises, drills and training were intended to provide AMSA and state‑level agencies with regular opportunities to confirm that their respective response plans and procedures were effectively implemented. In addition, these exercises provided opportunities to practice effective coordination between jurisdictions and different parties and to adequately prepare for an emergency.

However, the last annual exercise before the incident was conducted in 2018 and AMSA advised that the COVID‑19 pandemic had prevented exercises during those 4 years. Notwithstanding this, desktop exercises during that time could have been used to achieve most objectives, other than physically exercising oil or chemical spill containment.

In submission to the draft report, AMSA advised that the National Plan Strategic Coordination Committee (NPSCC) made a risk‑based decision to not hold the annual exercises and established a reporting system to monitor National Plan capability and manage risks. It further stated that the NPSCC was responsible for overseeing the plan’s implementation and ensuring the effectiveness of its arrangements. In addition, AMSA noted its participation in 4 desktop exercises conducted by states in 2020 and 2021.

In acknowledging AMSA’s submission, the ATSB reiterates that, as the manager of the National Plan, AMSA was central to its ongoing management and the effectiveness of key arrangements by carrying out its many important functions. On the other hand, the NPSCC set the broad policy direction of the plan, oversaw its implementation and the effectiveness of its arrangements. In this oversight role, the NPSCC was reliant on AMSA effectively managing the plan, including conducting annual reviews on its behalf to inform it about the plan’s effectiveness. This was directly related to the management of the plan and key AMSA‑controlled arrangements, such as ETC, over a long period, which was clearly linked to the MAS procedures and their implementation that could only have benefited from suitable exercises. In this regard, participation in the state‑run desktop exercises, including with NSW Maritime, did not result in appropriate action and coordination during the response to this incident.

It should also be noted that a feature of the annual exercises before their suspension in 2019 was a focus on the response to pollution instead of its prevention through the effective management of a casualty, such as a disabled ship. Two of the 4 exercises conducted from 2015 to 2018 focused on pollution response and both exercises conducted after the incident had a similar focus.

Other drill and training records indicated that AMSA had not conducted any ETC contract compliance audits after 2016. However, since 2019, Svitzer tug crews had undertaken the 2‑day emergency towage training. The only detailed emergency towage training was associated with the level 1 capability ETV based in Queensland.

The AMSA staff directly involved with this incident, except the liaison officer, had relevant emergency management training. However, the liaison officer was a very experienced AMSA surveyor and former seafarer. It was not possible to determine whether relevant training for the liaison officer would have ensured the early activation of the ETV as other factors influenced its late activation and response coordination. Nevertheless, all AMSA staff with key roles and responsibilities should have been provided the required training.

Adequate management of the National Plan, including appropriate and regular exercises, would have better enabled the effective implementation of the MAS procedures.

Contributing factor

The Australian Maritime Safety Authority had not adequately managed the National Plan and annual exercises required to prepare for such incidents had not been conducted for 4 years before the incident. This probably resulted in the ineffective implementation of its Maritime Assistance Services procedures, the inefficient process for issuing directions and inadequate coordination of the incident with state authorities. (Safety issue)

Port Authority of New South Wales

The Port Authority’s involvement began before it assumed the combat agency role, including the period before and during the development of the emergency. As was the case for AMSA, a comprehensive set of plans, procedures, licenses and guidance covered the Port Authority’s responsibilities. Its incident controller had several specific responsibilities, including:

  • assuming control
  • assessing the emergency
  • conducting an initial briefing
  • advising NSW Maritime and AMSA
  • planning, implementing and reviewing the incident action plan.

While the Port Authority had assessed that it was safer for Portland Bay to put to sea due to the bad weather with advice that the ship remain ‘at safe distance (around 12 miles)’ from the coast, this was not complemented by VTS monitoring its position and status in the area adjacent to the port limits and VTS area limits. Effectively, it was relying solely on the master keeping clear of the coast and reporting any difficulties in doing so, including a breakdown.

As the master did not report when the ship broke down, it closed the coast unnoticed by VTS for 2 hours. Therefore, when the master did report, it was imperative for VTS to promptly notify AMSA and NSW Maritime. Instead, AMSA was notified after 45 minutes and NSW Maritime was not notified. Some internal notifications were made but this did not result in required external notifications as the Port Authority’s procedures were not effectively implemented.

Significantly, there was also extensive and unnecessary delay in the Port Authority assuming the combat agency role at 1020, about 2 hours after the ship entered New South Wales waters, towards which it had been drifting. Therefore, in the 3.5 hours following the master’s notification, no agency had assumed control of the response with little coordination between agencies. This compounded the impact of the master’s late reporting and opportunities to effectively mitigate risks in the first 5 hours after the ship became disabled were lost.

The NSW Plan, Port Safety Operating Licence (PSOL) and various procedures documented the requirements for the Port Authority to assume the combat agency role given the location and movement of Portland Bay. The basis provided by the Port Authority for not assuming control initially, mainly the inter‑agency MoU previously described, was incorrect. This fundamental misunderstanding of its documented responsibilities indicated that its procedures, plans and processes to comply with these responsibilities were not effectively implemented.

In submission to the draft report, the Port Authority argued that its roles and responsibilities under the state EMPLAN, NSW Plan and PSOL were essentially limited to responding to a spill, that this did not occur nor did a situation where a spill was imminent. Therefore, it claimed that its role as a combat agency under the NSW Plan was ‘not enlivened’ whereas the MERCOM, MPC and NSW Maritime had roles related to intervention and incident or emergency response. The Port Authority stated that it had no prevention obligations (pollution) under the National Plan and that ‘incidents’ in the emergency response requirements of the PSOL referred only to spills and was distinct from ‘emergencies’.

However, these claims are not an accurate or reasonable interpretation of the Port Authority’s roles and responsibilities under the PSOL, state EMPLAN and NSW Plan as previously detailed in this report. Further, the NSW Plan was a sub‑plan of both the state EMPLAN and the National Plan and suggesting that the Port Authority had little or no role under the National Plan indicates a poor understanding of the national emergency framework for maritime emergencies. Similarly, its interpretation of the purpose of the areas of responsibility assigned to either the Port Authority or NSW Maritime under the PSOL and NSW Plan (Figure 19) was incorrect. Further, its submission made no mention of the inter‑agency MoU that its incident controller had insisted was the basis of decisions at the time.

As the combat agency, the effectiveness of the Port Authority’s response depended on the success of the salvage operation, which completely relied on effective towage. Therefore, it was necessary to deploy the most capable tugs, including the ETV, in a timely manner. However, it did not adequately coordinate the response with the salvor, AMSA and NSW Maritime. The harbour tugs on scene or en route were not adequately equipped and the ETV was not activated by AMSA. Although the Port Authority requested its activation a couple of hours after assuming control, it only followed up on the request more than 6 hours later, most probably because the attempted tow had failed.

The late activation of the ETV, discussions related to directions for the ship to enter Port Botany, including its closure and reopening with AMSA, and the generally inadequate coordination indicate that the Port Authority had not effectively implemented its procedures to comply with the NSW Plan and PSOL with respect to incident and emergency response. The resultant sub‑optimal response prolonged the emergency.

Contributing factor

Port Authority of New South Wales procedures to comply with its Port Safety Operating Licence and the NSW Coastal Waters Marine Pollution Plan were not effectively implemented. This resulted in delays to the required notifications and incident response, which contributed to prolonging the emergency. (Safety issue)

Prolonged emergency

Factors, additional to those discussed above, that prolonged the emergency are discussed below.

Long exposure to stranding risk

The emergency unfolded over an extensive offshore area south of Sydney. However, it was the gale force onshore winds, rough seas and heavy swell that prevailed in the area which were the dominant factors in making the hazardous lee shore more dangerous. The longer the ship remained anchored in heavy weather, the greater the risks and the exposure to them.

Had the anchors not reduced Portland Bay’s rapid movement about one mile from the rocky lee shore (Figure 12, anchor position 1), it would have stranded there and almost certainly broken up resulting in the likely loss of life and oil pollution from the 950 tonnes of fuel oil and diesel oil on board. For most of the time when it was anchored in that location, a tug that could effectively relieve the load on the anchor cables was not secured to the ship. The anchors dragged slowly and the ship closed to within 0.7 of a mile of the shore before it could be towed away.

The attempt to address the risk of stranding by towing the ship 20 miles from the coast failed after 3 hours when the ship was 2.5 miles from the coast. Once again, the master resorted to deploying the anchors about one mile off the shore. Although there was a comparatively less dangerous lee shore near anchor position 2, the ship remained there for an extended period, including 2 nights. The risk of stranding, even with a tug connected, was high on the first night due to the weather and the ship dragged its anchors to less than one mile off the shore. Securing the ETV for the second night at anchor there reduced the risk.

However, the disabled ship was still in an exposed location with no certainty that the weather would continue improving or that the anchors and/or their cables would not fail. Abandoning the ship in rough weather presented high risks to the crew. These risks were higher at night because a rescue in darkness is much more difficult, with restrictions on available resources and rescue methods. Essentially, the risks were not reduced to an acceptable level until the ship was sheltered in Port Botany.

Contributing factor

Portland Bay was exposed to a high risk of stranding, with its anchors deployed for prolonged periods about one mile from a dangerous lee shore in 2 separate locations.

Unsuccessful blower repairs

As previously discussed, the failure of auxiliary blower number 2 significantly reduced normal airflow to the main engine for fuel combustion, which was the principal cause of the substantial reduction in propulsive power. Therefore, repairing the blower was the immediate priority for the ship’s engineers after the ship was anchored on the morning of 4 July.

The engineers believed that the blower’s electric motor had also failed due to a burning smell and the smoke observed. In repairing the blower, they also tried removing the suspect electric motor but were unable to as its belt drive pulley was difficult to remove. Consequently, the engineers abandoned the repairs without testing the motor and deemed the blower to be inoperable.

The blower remained out of service for the duration of the incident and the propulsion issues continued to manifest over the next 2 days with the engine either operating at low speeds for short periods or not starting. The unreliable engine was a significant factor that prolonged the emergency because a tow was almost completely reliant on the capability of the tugs.

However, when the electric motor was subsequently overhauled ashore in Port Botany, it was found to be operational. Therefore, had the motor been tested on board, the effectively ‘dead ship’ situation over the 2‑day emergency could have been avoided. Had this been done and engine performance improved, it would have mitigated some risks and thus reduced the duration and seriousness of the emergency.

Contributing factor

Having assessed that the failed blower’s electric motor was also unserviceable, the ship’s engineers were unable to remove it and abandoned the repairs without testing it. Had the motor been tested, it would have been found operational and the blower returned to service to improve engine performance and reduce the seriousness and duration of the emergency.

Tug capabilities

During the initial response, the tugs SL Diamantina, SL Martinique and Bullara deployed from Sydney. Despite the best efforts of their crew, the assistance provided by the tugs had limited success in the prevailing weather conditions due to their limited ocean towing capability.

As previously described, the capability and towing equipment of these tugs was generally similar and appropriate for the harbour towage services that they routinely provided. However, on 4 July, the particular circumstances applicable to each tug and the operating conditions resulted in different capabilities to perform the required tasks.

SL Diamantina’s aft towing winch was not operational, making it unsuitable for emergency towage. Its attempts to push on the ship’s hull, as suggested by United Salvage, led to significant collisions and had to be abandoned. Multiple attempts to secure the soft towline from its forward winch then failed. Consequently, the tug was not able to provide any useful assistance.

In submission to the draft of this report, United Salvage acknowledged that SL Diamantina’s towing limitation was known but pointed out that it was a towing asset that could push. However, the salvor also noted that Portland Bay’s pitching resulted in the attempted pushing not remaining an option and claimed that connecting the towline successfully stopped its movement towards the shore.

On the other hand, Portland Bay’s master submitted that, in addition to the tug’s efforts being ‘completely ineffective’, it was pushing near the midships area where there were no designated tug pushing marks and repeatedly colliding with the ship’s hull. The master, therefore, reported ordering those ‘improper and potentially dangerous actions’ to be stopped. The master stated that adjusting the starboard anchor cable at about 1300 stopped the anchors dragging, which had continued to drag after anchoring at 0905 (including when the towline was connected) and provided recorded data in support (Figure 22).

In submission, Pacific Basin stated that the master had advised that the tug master should have permitted securing the towline to a bollard instead of requiring it connected to the ship’s mooring lines, which was not an effective arrangement. It acknowledged, however, that the tug’s aft winch being unavailable may have been the reason why its master required that arrangement.

SL Martinique arrived on scene subsequently with additional towing equipment, including a towing stretcher. Bullara had similar capability and towing equipment. Both tugs then attempted to tow the dead ship clear of the coast under United Salvage guidance but were unsuccessful as this was beyond their combined capabilities in the weather conditions with the towing lines deployed.

Bullara and SL Martinique each had an effective bollard pull (BP) of about 55 tonnes. Together, this could provide a BP of about 110 t, which was 85% of the AMSA‑calculated 130 t required to tow the dead ship (approximately 15,500 tonnes). In addition to the BP, the length of a towline significantly affects towing capability. A sufficiently long towline that has a normal towing load forms a distinct catenary, which allows it to absorb shock loads. Based on formulae provided in the IMO ocean towing guidelines, these 55 t BP tugs required approximately 670 m towlines. However, Bullara’s 275 m towing wire with a 50 m towing stretcher provided a 325 m towline, which was about 50% of the minimum required.

Essentially, towing the dead ship into the rough weather exceeded the combined towing capabilities of Bullara and SL Martinique with the towlines deployed. Consequently, the tow made little progress away from the coast and Bullara’s relatively short towline, with no Veethane protective sleeves to prevent chafing, parted.

In comparison, Svitzer Glenrock with its 85 t BP and effectively 900 m towline with Veethane protective sleeves was far better suited for the tow with the assistance of one or more other tugs. The ETV was a superior tug that met or exceeded level 2 ETC requirements.

In conclusion, SL Diamantina, SL Martinique and Bullara performed to their respective capabilities and limitations (including towing equipment) as ‘vessels of opportunity’. The latter 2 tugs, with their temporary towing equipment and lines, were capable of relieving load on the ship’s anchor cables. However, effectively towing the ship in the heavy weather with the towing lines that they deployed was not a realistic or achievable expectation. Therefore, as previously discussed, timely deployment of the ETV was needed to manage the emergency optimally and effectively.

Contributing factor

SL Diamantina, the harbour tug that arrived about one hour after the ship anchored, was not capable of providing any useful assistance in the rough weather. About 6 hours later, SL Martinique and Bullara, harbour tugs temporarily equipped with additional towing equipment, began an attempt to tow the ship clear of the coast, but this was beyond their combined capabilities in the weather conditions with the towing lines deployed.

Salvage operation

Under the Salvage Convention, United Salvage was dutybound to Pacific Basin. Its duties as a salvor included carrying out the salvage operation with due care, preventing and/or minimising pollution, seeking assistance from other salvors if required and accepting their intervention (if requested by Pacific Basin or the master).

In submission to the draft of this report, United Salvage advised that it mobilised with the intent of providing its ‘best endeavours to assist the casualty with available assets’ and ‘continued these endeavours in mobilising any asset available either under the LOF agreement or AMSA tasking’. United Salvage also reported that when it requested Svitzer for Bullara while mobilising Engage Towage tugs, Svitzer did not make it available. It pointed out that Bullara was utilised later until its towline parted, after which United Salvage requested mobilisation of the ETV, Svitzer Glenrock, and asked if any other Svitzer tugs in Port Botany could assist.

While United Salvage’s submission captures events during the salvage operation in general, the evidence indicates that it could and should have flagged crucial matters that it was aware of with involved parties to avoid unnecessary difficulties and confusion. This included the limitations of SL Diamantina previously discussed and also that it was critical that at least one other tug (Bullara) be mobilised to supplement SL Martinique.

Soon after Portland Bay’s master agreed to the LOF salvage agreement, the ship’s agent, Monson, decided (without Pacific Basin’s authorisation) that it was not necessary to hire Bullara. However, as AMSA had determined that SL Martinique would not be able to hold the ship (without its anchors deployed), it tasked Bullara. Meanwhile, Pacific Basin was expecting United Salvage to take whatever measures feasible and reasonable in the prevailing circumstances, including mobilising whatever equipment or device or labours, to salve the vessel. Therefore, it reasonably believed that suitable and capable tugs (potentially including the ETV) would be deployed. If this was not the case, then it was reasonable that the ship’s master and Pacific Basin were informed accordingly.

It is of note that while Bullara was en route at 1230 on 4 July, AMSA reported being advised by United Salvage that it intended to only use SL Martinique to tow and that there was no requirement for Bullara. However, at 1410, when Bullara had arrived on scene, AMSA offered its use to United Salvage, which it accepted.

Subsequently, AMSA deemed Bullara to be operating under the LOF salvage agreement but Svitzer did not accept this proposition. It should be noted that Svitzer remained prepared to offer its tugs to Pacific Basin under a towage contract or to AMSA under the ETC contract, and this was its prerogative. Given that Bullara was initially to be hired by Pacific Basin, it was reasonable for it to expect being made aware of the option of securing a Svitzer tug(s) to assist the salvage. Pacific Basin’s sole interest was the salving of the ship and its crew with no or minimal damage to the ship and environment. Notwithstanding the ‘no cure – no pay’ principle of salvage, any shipowner or manager justifiably will expect a high degree of assurance for the ‘cure’ aspect and the degree of success from a dedicated salvage provider offering professional services under LOF terms.

Importantly, while both Engage Towage (with United Salvage) and Svitzer provided tugs, only the former were part of the salvage agreement and award, if successful. As noted, Svitzer wanted the security (commercial) of an arrangement in place before deploying its tug(s) and also assuring the safety of the tug crew before deployment. Svitzer’s sizable tug fleet in New South Wales, including the state’s ETV, meant that it was well‑equipped from a towage capability perspective.

On the other hand, United Salvage did not own, operate or directly control any towage vessels and was reliant on procuring these from their operators if and when they made them available (including AMSA‑contracted or tasked vessels). This severely limited United Salvage’s ability to provide/perform salvage services, particularly as the emergency towage available was essentially the same as the minimum ETC under the National Plan (detailed in the section titled Emergency towage availability). While United Salvage advised providing its best endeavours to assist with ‘available assets’ either under LOF terms or AMSA tasking, this qualification (available assets) was critical.[171]

Had United Salvage clearly flagged its limitation with the master, Pacific Basin and involved agencies, they could have made their own assessments, although AMSA, in particular, should have known about this limitation. These assessments could have informed everyone involved if the intended tow of the ship to sea was realistic in those weather conditions. It was only after the tow proved difficult and the ship was approaching Sydney that shelter there was requested. Soon after, when Bullara’s towline parted, the significant risk of not tasking Svitzer Glenrock was realised.

The success of the salvage operation would determine whether the incident management team achieved its objectives but the operation also had to be consistent with the team’s plan. However, the salvor’s actions were not the only factors which influenced the incident’s management and, on balance, by themselves probably did not further prolong the emergency. It is also recognised that salvage inherently involves risk in a dynamic environment. While taking calculated risks are part of a salvage operation, unnecessary risks must be avoided. Careful and continuous monitoring of the operation with ongoing risk assessments and re‑evaluation, particularly by the salvor and incident controller, is crucial.

Notwithstanding United Salvage’s inherent limitations that put certain matters beyond its control, providing the master, Pacific Basin and the incident controller explicit clarity about the limitations would have assisted in better managing the incident and salvage operation. In any case, these limitations made it very difficult to fully and properly carry out a salvor’s duties and obligations under the salvage agreement and Salvage Convention.

Other factor that increased risk

United Salvage was severely limited in its ability to provide the required salvage services as it did not own, operate or directly control any towage vessels for which it relied on towage providers. This limitation was not made clearly known to Portland Bay’s master, owners or managers or involved authorities to allow them to properly assess whether the most suitable towage vessels, including the emergency towage vessel, had also been promptly deployed for salvage and emergency response. (Safety issue)

Response coordination

The National Plan required single, integrated and comprehensive response arrangements regardless of how costs were attributed. Effective coordination was central to an optimal response, including the application of the National Maritime Emergency Response Arrangements (NMERA) elements of ETC, powers of intervention and MERCOM.

Notwithstanding the master’s late notification, there were comprehensive plans, procedures and guidance to enable the Port Authority, NSW Maritime and AMSA to manage the response and its coordination. Had these largely been followed, the Port Authority should have promptly notified AMSA (by about 0700 on 4 July) which should then have followed its MAS procedures (including alerting/tasking the ETV, expecting a refuge request and engaging with NSW Maritime). Given the very serious emergency, it was crucial that a control agency take charge as soon as possible and coordinate the required response. While AMSA initiated the rescue attempt, it did not inform NSW Maritime or the Port Authority that this was its only focus (this created confusion about emergency towage planning).

However, instead of a quick response to manage the casualty, there were unnecessary delays until the Port Authority assumed control at 1020. This resulted in sub‑optimal coordination of the critical elements of emergency towage, salvage and refuge despite the AMSA liaison officer in the incident management team and the NSW Maritime liaison officer in the AMSA Response Centre (ARC). The most significant impact was the late activation of the ETV. The NSW Maritime liaison officer recalled discussions in the ARC about the ETV but not their details. The liaison officer also recalled that the issue of directions took a long time with AMSA’s legal team but did not know if a place of refuge request was in fact submitted (the salvor submitted it at 1945 on 4 July).

As previously discussed, inadequate coordination was an underlying feature of the response that prolonged the emergency for more than 2 days, specifically including:

  • the late emergency notification to AMSA delayed its rescue effort and probably resulted in the lack of coordination of the rescue effort with the Port Authority’s response and the late establishment of AMSA’s incident management team with unclear objectives
  • when informally advised of the incident, NSW Maritime contacted AMSA for information and found it was not aware but did not follow up information until some 45 minutes later
  • the delay in the Port Authority assuming control meant that no agency was coordinating the response in the first 3.5 hours
  • late activation of the ETV, resulting in it deploying more than 15 hours after the master reported the emergency, which significantly impacted the salvage operation
  • delays in issuing of directions to allow the ship to enter Port Botany for shelter.

In addition to the actions of the Port Authority, NSW Maritime and AMSA in their respective roles as the combat (control) agency and support agencies as previously described, their submissions to the draft of this report detailed their understanding of their roles and responsibilities. However, none showed a proper understanding of their responsibilities or an adequate understanding of the responsibilities of the others. The evidence indicates the following issues:

  • The Port Authority had a poor and incorrect understanding of its responsibilities for emergency response, casualty management and combat (control) agency role as required by its Port Safety Operating Licence and the NSW Plan, including as a sub‑plan of the National Plan.
  • NSW Maritime, as the statutory agency responsible for ensuring that New South Wales was prepared to respond to an incident in accordance with the NSW Plan, had not effectively met this obligation.
  • As the manager of the National Plan with control of the key elements of NMERA, AMSA did not have the required understanding of its central role in any emergency response, regardless of location.

Collectively, these underlying issues significantly contributed to the inadequate coordination of the critical emergency response elements comprising emergency towage, salvage and refuge required for a single, integrated and comprehensive response.

Contributing factor

The Port Authority of New South Wales did not have a proper and correct understanding of its responsibilities for emergency response under its operating licence and relevant state plans. This contributed to the inadequate coordination of emergency towage, salvage and refuge, which were critical for the single, integrated and comprehensive response required and significantly prolonged the emergency. (Safety issue)

Contributing factor

Transport for NSW (NSW Maritime), as the statutory agency responsible for ensuring that New South Wales was prepared to respond to an incident in accordance with the state’s plan that it maintained, had not effectively met this obligation. This resulted in the long delay in New South Wales assuming control of the incident and contributed to the inadequate coordination of the emergency response required for a single, integrated and comprehensive response and significantly prolonged the emergency. (Safety issue)

Contributing factor

The Australian Maritime Safety Authority, with direct control of key national emergency response arrangements, did not have the required understanding of its central role in any response, regardless of location. Consequently, its support to, and coordination with, the control agency in relation to emergency towage, salvage and refuge was inadequate, inconsistent with National Plan principles of a single, integrated and comprehensive response and significantly prolonged the emergency. (Safety issue)

Findings

ATSB investigation report findings focus on safety factors (that is, events and conditions that increase risk). Safety factors include ‘contributing factors’ and ‘other factors that increased risk’ (that is, factors that did not meet the definition of a contributing factor for this occurrence but were still considered important to include in the report for the purpose of increasing awareness and enhancing safety). In addition, ‘other findings’ may be included to provide important information about topics other than safety factors. 

Safety issues are highlighted in bold to emphasise their importance. A safety issue is a safety factor that (a) can reasonably be regarded as having the potential to adversely affect the safety of future operations, and (b) is a characteristic of an organisation or a system, rather than a characteristic of a specific individual, or characteristic of an operating environment at a specific point in time.

These findings should not be read as apportioning blame or liability to any particular organisation or individual.

From the evidence available, the following findings are made with respect to the propulsion failure and near stranding of Portland Bay on the coast 22 km south of Port Botany (Sydney), New South Wales, on 4 July 2022.

Contributing factors

  • After departing Port Kembla in adverse weather on 3 July 2022, Portland Bay’s master steamed slowly or drifted about 12 miles off the coast instead of safely clearing it in accordance with the ship’s safety management system procedures.
  • Operating the main engine at low speed while the ship was rolling and pitching heavily exacerbated engine load fluctuations due to turbocharger surge and non‑return flap hammering. Engine performance was further degraded by a leaky fuel injector, poor combustion and excessive cylinder lubrication, which resulted in sludge and deposits accumulating in the engine scavenge spaces, blow by and sticky piston rings.
  • The main engine auxiliary blower number 2 impeller bearings failed in the early hours of 4 July. This was most probably due to prolonged operation with an unbalanced impeller and oversized bearing housing, aggravated by varying engine load due to the ship's rolling and pitching.
  • The failure of auxiliary blower number 2 substantially reduced the normal airflow to the engine. In addition, some air was recirculating to the blower inlet through a distorted turbocharger delivery non‑return flap. The resulting low airflow limited the engine speed to 42 rpm (dead slow ahead setting) and significantly reduced the propulsive power available.
  • The significant loss of Portland Bay’s propulsive power in the prevailing gale force winds, very rough seas and heavy swell effectively disabled the ship and resulted in it drifting towards the lee shore.
  • Portland Bay’s manager, Pacific Basin Shipping, did not provide the master advice about notifying authorities as per the ship’s safety management system emergency procedures, instead focusing on the engineering matters. This probably led to the master delaying the notification and the request for tug assistance. (Safety issue)
  • Portland Bay’s master notified Port Kembla vessel traffic service that the main engine had failed and requested tug assistance about 2 hours after the ship was disabled. This delay significantly reduced the time available to Australian authorities to respond and for tugs to assist the ship in time to avoid a stranding.
  • Port Kembla vessel traffic service delayed notifying the Australian Maritime Safety Authority (AMSA) about the incident for 45 minutes. This delay reduced the time available to AMSA to initiate and coordinate an emergency response.
  • SL Diamantina, the harbour tug that arrived about one hour after the ship anchored, was not capable of providing any useful assistance in the rough weather. About 6 hours later, SL Martinique and Bullara, harbour tugs temporarily equipped with additional towing equipment, began an attempt to tow the ship clear of the coast, but this was beyond their combined capabilities in the weather conditions with the towing lines deployed.
  • The Australian Maritime Safety Authority’s Maritime Assistance Services procedures to support the National Plan for Maritime Environmental Emergencies (National Plan) were not effectively implemented. Consequently, there was a 12‑hour delay in tasking the state’s nominated emergency towage vessel, Svitzer Glenrock, which significantly prolonged the emergency. (Safety issue)
  • Portland Bay was exposed to a high risk of stranding, with its anchors deployed for prolonged periods about one mile from a dangerous lee shore in 2 separate locations.
  • Having assessed that the failed blower’s electric motor was also unserviceable, the ship’s engineers were unable to remove it and abandoned the repairs without testing it. Had the motor been tested, it would have been found operational and the blower returned to service to improve engine performance and reduce the seriousness and duration of the emergency.
  • Port Authority of New South Wales procedures to comply with its Port Safety Operating Licence and the NSW Coastal Waters Marine Pollution Plan were not effectively implemented. This resulted in delays to the required notifications and incident response, which contributed to prolonging the emergency. (Safety issue)
  • The Port Authority of New South Wales did not have a proper and correct understanding of its responsibilities for emergency response under its operating licence and relevant state plans. This contributed to the inadequate coordination of emergency towage, salvage and refuge, which were critical for the single, integrated and comprehensive response required and significantly prolonged the emergency. (Safety issue)
  • Transport for NSW (NSW Maritime), as the statutory agency responsible for ensuring that New South Wales was prepared to respond to an incident in accordance with the state’s plan that it maintained, had not effectively met this obligation. This resulted in the long delay in New South Wales assuming control of the incident and contributed to the inadequate coordination of the emergency response required for a single, integrated and comprehensive response and significantly prolonged the emergency. (Safety issue)
  • The Australian Maritime Safety Authority, with direct control of key national emergency response arrangements, did not have the required understanding of its central role in any response, regardless of location. Consequently, its support to, and coordination with, the control agency in relation to emergency towage, salvage and refuge was inadequate, inconsistent with National Plan principles of a single, integrated and comprehensive response and significantly prolonged the emergency. (Safety issue)
  • The Australian Maritime Safety Authority had not adequately managed the National Plan and annual exercises required to prepare for such incidents had not been conducted for 4 years before the incident. This probably resulted in the ineffective implementation of its Maritime Assistance Services procedures, the inefficient process for issuing directions and inadequate coordination of the incident with state authorities. (Safety issue)

Other factors that increased risk

  • United Salvage was severely limited in its ability to provide the required salvage services as it did not own, operate or directly control any towage vessels for which it relied on towage providers. This limitation was not made clearly known to Portland Bay’s master, owners or managers or involved authorities to allow them to properly assess whether the most suitable towage vessels, including the emergency towage vessel, had also been promptly deployed for salvage and emergency response. (Safety issue)
  • The Australian Maritime Safety Authority’s process to issue directions was inefficient and resulted in excessive time to issue directions allowing Portland Bay to enter Port Botany as a place of refuge. While this delay did not further prolong the emergency, such delays increase risk in time‑critical situations. (Safety issue)

Other findings

  • Portland Bay's emergency anchoring prevented a catastrophic stranding on the rocky shore in heavy weather (anchoring equipment is not designed to hold a ship in rough weather).
  • The attempt to rescue Portland Bay's crew by helicopter in case it stranded was appropriate, as was its risk‑assessed suspension after the ship’s anchors reduced the risk of stranding.

Safety issues and actions

Central to the ATSB’s investigation of transport safety matters is the early identification of safety issues. The ATSB expects relevant organisations will address all safety issues an investigation identifies. 

Depending on the level of risk of a safety issue, the extent of corrective action taken by the relevant organisation(s), or the desirability of directing a broad safety message to the marine industry, the ATSB may issue a formal safety recommendation or safety advisory notice as part of the final report.

All of the directly involved parties are invited to provide submissions to this draft report. As part of that process, each organisation is asked to communicate what safety actions, if any, they have carried out or are planning to carry out in relation to each safety issue relevant to their organisation. 

Descriptions of each safety issue, and any associated safety recommendations, are detailed below. Click the link to read the full safety issue description, including the issue status and any safety action/s taken. Safety issues and actions are updated on this website when safety issue owners provide further information concerning the implementation of safety action.

Ship’s emergency procedures

Safety issue number: MO-2022-006-SI-01

Safety issue description: Portland Bay’s manager, Pacific Basin Shipping, did not provide the master advice about notifying authorities as per the ship’s safety management system emergency procedures, instead focusing on the engineering matters. This probably led to the master delaying the notification and the request for tug assistance.

Maritime Assistance Services procedures

Safety issue number: MO-2022-006-SI-02

Safety issue description: The Australian Maritime Safety Authority’s Maritime Assistance Services procedures to support the National Plan for Maritime Environmental Emergencies (National Plan) were not effectively implemented. Consequently, there was a 12‑hour delay in tasking the state’s nominated emergency towage vessel, Svitzer Glenrock, which significantly prolonged the emergency.

Safety recommendation description: The Australian Transport Safety Bureau recommends that the Australian Maritime Safety Authority (AMSA) takes further safety action to address this safety issue in conjunction with action to address the other safety issues addressed to AMSA in this report.

Port Authority emergency procedures

Safety issue number: MO-2022-006-SI-03

Safety issue description: Port Authority of New South Wales procedures to comply with its Port Safety Operating Licence and the NSW Coastal Waters Marine Pollution Plan were not effectively implemented. This resulted in delays to the required notifications and incident response, which contributed to prolonging the emergency.

Safety recommendation description: The Australian Transport Safety Bureau recommends that the Port Authority of New South Wales takes safety action to adequately address this safety issue.

Emergency response coordination (Port Authority of NSW)

Safety issue number: MO-2022-006-SI-04

Safety issue description: The Port Authority of New South Wales did not have a proper and correct understanding of its responsibilities for emergency response under its operating licence and relevant state plans. This contributed to the inadequate coordination of emergency towage, salvage and refuge, which were critical for the single, integrated and comprehensive response required and significantly prolonged the emergency.

Safety recommendation description: The Australian Transport Safety Bureau recommends that the Port Authority of New South Wales takes safety action to adequately address this safety issue.

Emergency response coordination (NSW Maritime)

Safety issue number: MO-2022-006-SI-05

Safety issue description: Transport for NSW (NSW Maritime), as the statutory agency responsible for ensuring that New South Wales was prepared to respond to an incident in accordance with the state’s plan that it maintained, had not effectively met this obligation. This resulted in the long delay in New South Wales assuming control of the incident and contributed to the inadequate coordination of the emergency response required for a single, integrated and comprehensive response and significantly prolonged the emergency.

Safety recommendation description: The Australian Transport Safety Bureau recommends that Transport for NSW (NSW Maritime) takes safety action to adequately address this safety issue and ensure that New South Wales is prepared to effectively respond to an incident in accordance with the state’s plan.

Emergency response coordination (AMSA)

Safety issue number: MO-2022-006-SI-08

Safety issue description: The Australian Maritime Safety Authority, with direct control of key national emergency response arrangements, did not have the required understanding of its central role in any response, regardless of location. Consequently, its support to, and coordination with, the control agency in relation to emergency towage, salvage and refuge was inadequate, inconsistent with National Plan principles of a single, integrated and comprehensive response and significantly prolonged the emergency.

Safety recommendation description: The Australian Transport Safety Bureau recommends that the Australian Maritime Safety Authority (AMSA) completes the safety action proposed to address this safety issue in conjunction with action to address the other safety issues addressed to AMSA in this report.

National Plan management

Safety issue number: MO-2022-006-SI-07

Safety issue description: The Australian Maritime Safety Authority had not adequately managed the National Plan and annual exercises required to prepare for such incidents had not been conducted for 4 years before the incident. This probably resulted in the ineffective implementation of its Maritime Assistance Services procedures, the inefficient process for issuing directions and inadequate coordination of the incident with state authorities.

Safety recommendation description: The Australian Transport Safety Bureau recommends that the Australian Maritime Safety Authority (AMSA) progresses safety action to address this safety issue in conjunction with action to address the other safety issues addressed to AMSA in this report.

Salvage operation

Safety issue number: MO-2022-006-SI-09

Safety issue description: United Salvage was severely limited in its ability to provide the required salvage services as it did not own, operate or directly control any towage vessels for which it relied on towage providers. This limitation was not made clearly known to Portland Bay’s master, owners or managers or involved authorities to allow them to properly assess whether the most suitable towage vessels, including the emergency towage vessel, had also been promptly deployed for salvage and emergency response.

Safety recommendation description: The Australian Transport Safety Bureau recommends that United Salvage takes safety action to address this safety issue by ensuring that its capabilities and limitations to provide professional salvage services are made clearly known to the master, owners and managers of the ship to be salved under a salvage agreement.

Process for issuing directions

Safety issue number: MO-2022-006-SI-06

Safety issue description: The Australian Maritime Safety Authority’s process to issue directions was inefficient and resulted in excessive time to issue directions allowing Portland Bay to enter Port Botany as a place of refuge. While this delay did not further prolong the emergency, such delays increase risk in time‑critical situations.

Safety recommendation description: The Australian Transport Safety Bureau recommends that the Australian Maritime Safety Authority (AMSA) takes safety action to adequately address this safety issue.

Safety action not associated with an identified safety issue

Whether or not the ATSB identifies safety issues in the course of an investigation, relevant organisations may proactively initiate safety action in order to reduce their safety risk. The ATSB has been advised of the following proactive safety action in response to this occurrence.
Additional safety action by Svitzer Australia

Svitzer Australia (Svitzer) identified that the shorter length of the towing wire of its tug Bullara while towing Portland Bay on 4 July 2022 contributed to the wire’s failure. Bullara was a sister vessel of Svitzer’s Queensland‑based emergency towage vessels, Beltana and Clontarf, which had different towing arrangements (specifically, longer length and diameter of the towing wire on the aft towing winch). Therefore, as proactive safety action, Svitzer has fitted Bullara with new towing equipment that is aligned to the tug’s bollard pull and is similar to its sister vessels.

Glossary

ADF Australian Defence Force 
ADVAustralian defence vessel
AIIMSAustralasian Inter‑service Incident Management System
AISAutomatic Identification System
AMSAAustralian Maritime Safety Authority
AMSGAustralian Maritime Services Group
ARCAustralian Maritime Safety Authority Response Centre 
BIMCOBaltic and International Maritime Council
BLBreaking load
BoMAustralian Bureau of Meteorology
BPBollard pull
Class NKNippon Kaiji Kyokai
COLREGsThe International Regulations for Preventing Collisions at Sea, 1972, as amended
COOChief Operating Officer
DPADesignated person ashore
ECDISElectronic chart display and information system
EMPLANNew South Wales State Emergency Management Plan
ETAEstimated time of arrival
ETCEmergency towage capability
ETVEmergency towage vessel
FRNSWFire and Rescue New South Wales 
GMDSSGlobal Maritime Distress and Safety System
HNSHazardous and noxious substance
IACSInternational Association of Classification Societies
IAPIncident action plan
ICIncident controller
ICSInternational Chamber of Shipping
IGAInter‑Governmental Agreement on the National Maritime Emergency Response Arrangements
IMOInternational Maritime Organization
IMTIncident management team
ISMInternational Management Code for the Safe Operation of Ships and for Pollution Prevention, 1995, as amended
ISUInternational Salvage Union
JRCCJoint Rescue Coordination Centre
LOLubricating oil
LOFLloyd’s open form of salvage agreement
MACNew South Wales Police Marine Area Command
MAICTMulti‑agency incident control team
MASMaritime Assistance Services
MBLMinimum breaking load
MCCUMaritime casualty control unit 
MCIMTMaritime casualty incident management team 
MCOMaritime casualty officer
MERCOMMaritime emergency response commander
MPCMarine Pollution Controller
National PlanNational Plan for Maritime Environmental Emergencies
NMERANational Maritime Emergency Response Arrangements
NPSCCThe National Plan Strategic Coordination Committee 
NSWFBNew South Wales Fire Brigades
NUCNot under command
OCIMFOil Companies International Marine Forum
P&IProtection and indemnity
Port AuthorityPort Authority of New South Wales
PMSPlanned maintenance system
PSOLPort safety operating licence
RCCRescue Coordination Centre
RFSNew South Wales Rural Fire Service
RPMRevolutions per minute
SARSearch and rescue
SCOPICSpecial Compensation P&I Club
SERM ActState Emergency and Rescue Management Act 1989 (NSW)
SMSSafety management system
SOLASThe International Convention for the Safety of Life at Sea, 1974, as amended
TOWHIREThe BIMCO TOWHIRE 2021 ocean towage agreement
UMSUnattended machinery spaces
VDRVoyage data recorder
VHFVery high frequency (radio)
VTSVessel traffic service
WHOWorld Health Organization

Sources and submissions

Sources of information

The sources of information during the investigation included:

  • Portland Bay’s master and chief engineer
  • Pacific Basin Shipping, Hong Kong (Portland Bay’s manager)
  • recorded data from the ship’s voyage data recorder
  • MAN PrimeServ, the ship’s main engine manufacturer’s service department
  • Monson Agencies Australia, the ship’s local agent
  • Australian Maritime Safety Authority
  • Transport for NSW (NSW Maritime)
  • Port Authority of New South Wales
  • United Salvage
  • Engage Marine, the parent company of Engage Towage
  • Svitzer Australia
  • Nippon Kaiji Kyokai (Class NK)
  • Bureau of Meteorology.

References

Adsteam Marine. (2002, June 24). Submission to the Productivity Commission inquiry into Harbour Towage.

Australian Maritime Safety Authority Act 1990 (Cth)

Australian Maritime Safety Authority. (2012, October). Report on the 2011/12 Review of the National Plan to Combat Pollution of the Sea by Oil and Other Hazardous and Noxious Substances and the National Maritime Emergency Response Arrangements, AMSA 92 (11/12), Canberra, Australia.

Australian Maritime Safety Authority. (2015, November). National Maritime Places of Refuge Risk Assessment Guidance as endorsed by the National Plan Strategic Co‑ordination Committee, ref. NP‑GUI‑018, AMSA 485 (12/21) Canberra, Australia.

Australian Maritime Safety Authority. (2018, 27 April). National Maritime Casualty Management Guidance, Canberra, Australia.

Australian Maritime Safety Authority. (2020). National Plan for Environmental Emergencies, Canberra, Australia.

Australian Maritime Safety Authority. (2021, January). Maritime Assistance Services Standard Operating Procedures, MAS SOP 01/2021, Canberra, Australia.

Australian Maritime Safety Authority. (2022, February). Complex Maritime Emergency Management Guidance, Canberra, Australia.

Australian Maritime Safety Authority. (2022, February). Search and Rescue Operations Procedure Manual, SOM SOP 02/2022, Canberra, Australia.

Australian Maritime Safety Authority. (2022, 19 October). Lessons Report for Portland Bay, NSW South Coast, 2022, Canberra, Australia.

Australian Maritime Safety Authority. (2024). History of the National Plan | Australian Maritime Safety Authority, accessed 17 January 2024.

Australian Maritime Safety Authority. (2024). Maritime casualty management | Australian Maritime Safety Authority, accessed 17 January 2024.

Australian Transport Council. (2008, 29 February). Inter‑Governmental Agreement on the National Maritime Emergency Response Arrangements.

Centre of Documentation, Research and Experimentation on Accidental Water Pollution (Cedre), Information Bulletin #43 September 2022, Bulletin‑43‑EN.pdf, accessed 4 July 2024.

Counterspill, Amoco Cadiz | CounterSpill, accessed 26 April 2024.

Department of the House of Representatives Standing Committee on Transport and Regional Services. (2004, June). Ship Salvage; Inquiry into Maritime Salvage in Australian Waters, Parliament of Australia, Canberra.

Det Norske Veritas, Assessment of the Risk of Pollution from marine Oil Spills in Australian Ports and Waters, Prepared for AMSA, 14 December 2021.

Engage Marine. (2024). Engage Marine Group Commences Operations in Sydney and Geelong | Engage Marine, accessed 20 June 2024.

International Association of Classification Societies. (2007). Requirements concerning Mooring, Anchoring and Towing, IACS Req. A1.1 ‑ Design of the anchoring equipment.

International Chamber of Shipping and Oil Companies International Marine Forum. (2020). Peril at Sea and Salvage: A Guide for Masters, 6th Ed. Oil Companies International Marine Forum (OCIMF).

International Maritime Organization. (1972). International Regulations for Preventing Collisions at Sea as amended (COLREGs), IMO, London. Available at www.imo.org.

International Maritime Organization. (1974). The International Convention for the Safety of Life at Sea (SOLAS).

International Maritime Organization. (1989). International Convention on Salvage, IMO, London.

International Maritime Organization. (1995). International Management Code for the Safe Operation of Ships and for Pollution Prevention (ISM Code) as amended, IMO, London.

International Maritime Organization. (1998, December). Guidelines for Safe Ocean Towing, MSC/Circ.884.

International Maritime Organization. (2004, 5 March). Guidelines on Places of Refuge for Ships in Need of Assistance, A 23/Res.949 (revoked by revised guidelines A 33/Res.1184 on 17 January 2024, IMO).

International Maritime Organization. (2004, February). Maritime Assistance Services (MAS), A 23/Res.950.

International Maritime Organization. (2007, 19 October). Guidelines on the Control of Ships in an Emergency, MSC.1/Circ.1251.

International Maritime Organization. (2019). "Places of refuge" - addressing the problem of providing places of refuge to vessels in distress, accessed 8 May 2024.

Lloyd’s. www.lloyds.com, accessed 10 December 2024.

Maritime Powers Act 2013 (Cth)

New South Wales Fire Brigades, Maritime Authority of New South Wales, Newcastle Port Corporation, Port Kembla Port Corporation and Sydney Ports Corporation. (2010, October). Memorandum of Understanding in Relation to Hazardous Materials Incidents on Inland and State Waters.

Newcastle Port Corporation (Trading as Port Authority of New South Wales). (2019, January). Port Safety Operating Licence 2019–2024, issued under the Ports and Maritime Administration Act 1995 (New South Wales).

Newcastle Port Corporation (Trading as Port Authority of New South Wales). (2020, 22 May). Towage Licence, Port of Botany Bay (unrestricted), Ver. 1.0.

Pacific Basin Shipping. Pacific Basin Shipping Limited, accessed 12 March 2024.

Ports and Maritime Administration Act 1995 (New South Wales)

Port Authority of New South Wales. (2020, 16 January). Emergency Response Checklist – First Strike Oil Spill (Sydney & Port Botany), Rev. 7.

Port Authority of New South Wales. (2021, 18 October). Marine Pollution Emergency Checklist, VTS Operations Procedures 5.2.09, Rev. 1.

Port Authority of New South Wales. (2021, 18 October). VTS Operations Procedure 3.2.2 – 01, Marine Pollution.

Port Authority of New South Wales. (2021, 19 October). Sydney Harbour and Port Botany Marine Emergency Response Plan, Rev. 5.

Port Authority of New South Wales. (2021, 19 October). VTS Operations Procedure 3.2.2 – 01, Marine Pollution.

Port Authority of New South Wales. (2021, 2 November). Incident Management Procedure.

Port Authority of New South Wales. (2021, 30 November). Port Kembla Marine Oil & Chemical Spill Contingency Plan; A Sub‑plan of the Illawarra Emergency Management Plan, Rev. 12.

Port Authority of New South Wales. (2021, 8 December). Port Kembla Emergency Response Plan, Rev. 2.

Port Authority of New South Wales. (2022, 10 May). Pollution Response Plan Botany, Ver. 3.

Port Authority of New South Wales. (2022, 10 May). Pollution Response Plan Sydney, Ver. 3.

Port Authority of New South Wales. (2022). Harbour Master Directions, Port Kembla, August 2022.

Protection of the Sea (Civil Liability) Act 1981 (Cth)

Protection of the Sea (Prevention of Pollution from Ships) Act 1983 (Cth)

State Emergency and Rescue Management Act 1989, No 165 (NSW)

State of New South Wales Premier’s Department. (2018, December). New South Wales State Emergency Management Plan, Government of New South Wales.

State of New South Wales Premier’s Department. (2021, December). New South Wales Coastal Waters Marine Pollution Plan as endorsed by the State Emergency Management Committee, Government of New South Wales.

Svitzer Australia. (2024). Australia - Svitzer, accessed 20 June 2024.

The Nautical Institute, Strandings and their Causes, Captain RA Cahill, Second Edition, 2002.

The Fire Brigades Act 1989 (New South Wales)

The Protection of the Sea (Powers of Intervention) Act 1981 (Cth) 

Transport for New South Wales. (2021, December). NSW Coastal Waters Marine Pollution Plan. Available at www.nsw.gov.au.

United Kingdom Hydrographic Office. (2013). Admiralty Sailing Directions, Australia Pilot Volume 2, NP14, 12th Ed.

United Kingdom Hydrographic Office. (2017). Admiralty List of Radio Signals, Volume 6, Part 4, NP286(4).

United Salvage (2025) https://unitedsalvage.com.au, last accessed 19 March 2025.

Submissions

Under section 26 of the Transport Safety Investigation Act 2003, the ATSB may provide a draft report, on a confidential basis, to any person whom the ATSB considers appropriate. That section allows a person receiving a draft report to make submissions to the ATSB about the draft report.

A draft of this report was provided to the following directly involved parties:

  • Portland Bay’s master and chief engineer
  • Pacific Basin Shipping, Hong Kong
  • the ship’s flag State administration, Hong Kong
  • Australian Maritime Safety Authority
  • Transport for NSW (NSW Maritime)
  • Port Authority of New South Wales
  • United Salvage
  • Engage Marine, the parent company of Engage Towage
  • Svitzer Australia
  • MAN PrimeServ
  • Monson Agencies Australia
  • Nippon Kaiji Kyokai (Class NK).

Submissions were received from:

  • Pacific Basin Shipping, Hong Kong
  • the ship’s flag State administration, Hong Kong
  • Australian Maritime Safety Authority
  • Transport for NSW (NSW Maritime)
  • Port Authority of New South Wales
  • United Salvage
  • Engage Marine (Engage Towage)
  • Svitzer Australia
  • MAN Energy Solutions on behalf of MAN PrimeServ and MAN B&W
  • Monson Agencies Australia
  • Nippon Kaiji Kyokai (Class NK)

The submissions were reviewed and, where considered appropriate, the text of the report was amended accordingly.

Appendices

Appendix A – Lloyd’s standard salvage agreement

The standard LOF 2020 form below was used for the salvage agreement in this incident.

Appendix A – Lloyd’s standard salvage agreement
Appendix A – Lloyd’s standard salvage agreement

Appendix B – Incident severity matrix (AMSA)

Maritime incident severity matrix (version 17 November 2021) appended to the Maritime Assistance Services procedure, 01/2021, at the time of incident.
 

Appendix B – Incident severity matrix (AMSA)

Appendix C – Protection of the Sea (Powers of Intervention) Act 1981

Sections of the Protection of the Sea (Powers of Intervention) Act 1981 (No. 33, 1981, Compilation No. 13, 1 July 2019)

8 Taking of measures to prevent pollution of sea by oil—maritime casualty on the high seas

(1) Where the Authority is satisfied that, following upon a maritime casualty on the high seas or acts related to such a casualty, there is grave and imminent danger to the coastline of Australia, or to the related interests of Australia, from pollution or threat of pollution of the sea by oil which may reasonably be expected to result in major harmful consequences, the Authority may take such measures, whether on the high seas or elsewhere, as it considers necessary to prevent, mitigate or eliminate the danger.

(2) Without limiting the generality of subsection (1), the measures that the Authority may take under this section in relation to the ship, or any of the ships, involved in the maritime casualty include:

a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:

i. to move the ship or part of the ship to another place;

ii. to remove cargo from the ship;

iii. to salvage the ship, part of the ship or any of the ship’s cargo;

iv. to sink or destroy the ship or part of the ship;

v. to sink, destroy or discharge into the sea any of the ship’s cargo; or

vi. to take over control of the ship or part of the ship; or

b) the issuing of directions of the kind authorized by section 11:

i. to the owner of the ship;

ii. to the master of the ship; or

iii. to any salvor in possession of the ship; or

iv. to any other person.

10 Taking of measures to prevent pollution of sea by oil or noxious substances—general powers

(1) This section (other than subsections (3B) and (3C)) applies in relation to:

a) any ship in internal waters, where…

b) any ship in the Australian coastal sea; and

ba) any ship in the exclusive economic zone of Australia; and

c) any Australian ship on the high seas

(2) Where oil or a noxious substance is escaping, or has escaped, from a ship in relation to which this section applies, or the Authority is satisfied that oil or a noxious substance is likely to escape from such a ship, the Authority may, subject to subsection (4), take such measures as it considers necessary:

a) to prevent, or reduce the extent of, the pollution or likely pollution, by the oil or noxious substance, of any Australian waters, any part of the Australian coast or any Australian reef;

b) to prevent damage, or reduce the extent, or likely extent, of damage, to any of the related interests of Australia by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance;

c) to protect any Australian waters, any part of the Australian coast or any Australian reef from pollution or likely pollution by the oil or noxious substance;

d) to protect any other related interests of Australia from damage by reason of the pollution, or likely pollution, of the sea by the oil or noxious substance; or

e) in a case where the oil or noxious substance has escaped—to remove or reduce the effects, or likely effects, of pollution or likely pollution, by the oil or noxious substance, on any Australian waters, any part of the Australian coast, any Australian reef or any of the related interests of Australia.

(3) Without limiting the generality of subsection (2), the measures that the Authority may take under this section in relation to the ship include:

a) the taking of action, whether or not directions have been issued under paragraph (b) in relation to the ship:

i. to move the ship or part of the ship to another place;

ii. to remove cargo from the ship;

iii. to salvage the ship, part of the ship or any of the ship’s cargo;

iv. to sink or destroy the ship or part of the ship;

v. to sink, destroy or discharge into the sea any of the ship’s cargo; or

vi. to take over control of the ship or part of the ship; or

b) the issuing of directions of the kind authorized by section 11…

(4) The Minister and the Authority shall, in the exercise of powers under this section, act in accordance with the following principles:

a) measures taken under this section shall be in proportion to the damage, whether actual or threatened, in relation to which the measures are taken:

b) in determining whether measures are in proportion to the damage in relation to which the measures are taken, regard shall be had to:

i. the extent and probability of imminent damage if the measures are not taken move the ship or part of the ship to another place;

ii. the likelihood of those measures being effective; and remove cargo from the ship;

iii. the extent of the damage which may be caused by the measures;

c) measures taken under this section shall not exceed those reasonably necessary to achieve the end sought to be achieved by the measures and shall cease as soon as that end has been achieved;

d) measures taken under this section shall not unnecessarily interfere with the rights and interests of other countries, and of any persons, likely to be affected by the measures;

e) in taking measures under this section, any risk to human life shall, as far as possible, be avoided.

Appendix D – Port boundaries

Sydney Harbour and Botany Bay boundaries

Port boundary maps appended to the Port Safety Operating Licence (2019–2024) issued to the Port Authority of New South Wales, annotated by the ATSB.

Appendix D – Port boundaries

Appendix E – Direction for Portland Bay

Direction – Protection of the Sea (Powers of Intervention) Act 1981

Redacted copy of direction issued to the owner and master of Portland Bay on 5 July 2022.

Appendix E – Direction for Portland Bay

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through: 

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

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Copyright in material obtained from other agencies, private individuals or organisations, belongs to those agencies, individuals or organisations. Where you wish to use their material, you will need to contact them directly.

[1]      One knot, or one nautical mile per hour, equals 1.852 kilometres per hour.

[2]      Sydney hereafter generally refers to its ports, Port Botany and Port Jackson (Sydney Harbour).

[3]      The Beaufort scale of wind force, developed in 1805 by Admiral Sir Francis Beaufort, enables sailors to estimate wind speeds through visual observations of sea states.

[4]      The Port Authority of New South Wales operated the VTS in Port Kembla and Sydney.

[5]      Including the Admiralty Sailing Directions, Admiralty List of Radio Signals and Port Kembla harbour master’s directions.

[6]      A ship’s displacement is the weight of water that it displaces, which equals its own weight (mass).

[7]      Unless stated otherwise, all speeds in the report are over the ground.

[8]      Fire and safety rounds conducted in the ship’s accommodation spaces at regular intervals, especially in hours of darkness, to check for fire hazards or other hazards, such as unsecured equipment and open watertight doors.

[9]      Surge is the forward and aft motion of the vessel due to rapid acceleration and deceleration.

[10]    The ship’s gyrocompass heading in degrees (practically the true heading).

[11]    Significant wave height has been defined as the average height of the highest one-third of waves experienced over time. Also referred to as ‘total wave height’, about 14% (1 in every 7 waves) will be higher than the significant wave height. Maximum wave height (Hmax) can be up to twice the significant wave height.

[12]    The International Safety Management (ISM) Code requires a ship’s managers to have a Designated Person Ashore (DPA) who should aim to ensure the ship’s safe operation and provide a link between all those on board and the highest level of management ashore.

[13]    Not Under Command (NUC) – A vessel, which due to exceptional circumstances is not able to manoeuvre as required by the rules under Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREGs), and is therefore unable to keep out of the way of another vessel.

[14]    The automatic identification system (AIS) is a very high frequency (VHF) radio broadcasting system which enables AIS equipped vessels and shore-based stations to send and receive identifying information.

[15]    The Australian Maritime Safety Authority-operated Joint Rescue Coordination Centre or JRCC in Canberra.

[16]    Marine Rescue NSW provided a 24/7 emergency service for the boating community and monitored marine radio. It was an independent, non-governmental, not-for-profit organisation that largely relied on volunteers.

[17]    The urgency signal consists of the words ‘PAN PAN’ and indicates that the station sending it has a very urgent message to transmit concerning the safety of a vessel, aircraft, or person.

[18]    MAYDAY is the internationally recognised radio call announcing a distress condition where a ship or its occupants are being threatened by serious and/or imminent danger and the master and crew require immediate assistance.

[19]    The NSW Police Marine Area Command (MAC) duties include protecting life and property and coordinating search and rescue in waters up to 200 miles from the coastline.

[20]    The Manager Marine Pollution and Emergency Response in NSW Maritime, which is the operational area responsible for maritime matters within Transport for NSW, the state’s transport regulator.

[21]    Hereafter, references to AMSA include its ‘Operations’ or ‘Response’ divisions (JRCC is part of the Response division and is specifically referred to where appropriate for clarity).

[22]    One shackle equals 90 feet or 27.43 m.

[23]    Walking back the anchor means lowering it under windlass power (the term ‘veered’ is also used and refers to paying out anchor cable under power using the windlass).

[24]    Let go the anchor means releasing the windlass brake to allow the anchor and cable to pay out under their own weight.

[25]    The AMSA Response Centre (ARC) had a functional role as JRCC Australia (JRCC), which operated within the ARC.

[26]    The AMSA incident controller is referred to hereafter as the incident coordinator to avoid confusion with the Port Authority’s incident controller.

[27]    The Baltic and International Maritime Council (BIMCO) TOWHIRE 2021 was an ocean towage agreement on a daily hire basis (not intended for port towing).

[28]    The Royal Australian Navy’s support vessel ADV Reliant was a 103 m offshore support vessel that could be used for maritime support, including aid and disaster relief, and search and rescue activities.

[29]    One cable equals one tenth of a nautical mile or 185.2 m.

[30]    The combat agency was responsible for controlling the emergency response and defined as the ‘control agency’ by the National Plan for Maritime Environmental Emergencies, 2020 (National Plan).

[31]    The ‘NSW Coastal Waters Marine Pollution Plan, December 2021’ (endorsed by the State Emergency Management Committee on 2 December 2021), New South Wales Government.

[32]    A scavenge space fire occurs when flammable mixture (cylinder oil, unburnt fuel and carbon) collects in the engine’s scavenge space ignites. The fire can be extinguished by steam, water mist or CO2.

[33]    The Protection of the Sea (Powers of Intervention) Act 1981 provides AMSA powers to take measures and issue directions to prevent or respond to pollution of the sea by oil or other substances.

[34]    A detention is an intervention action taken by the port State when the condition of the ship or its crew does not correspond substantially with the applicable conventions. The action is taken to ensure that the ship will not sail until it can proceed to sea without presenting a danger to the ship or persons on board, or without presenting an unreasonable threat of harm to the marine environment, whether or not such action will affect the scheduled departure of the ship.

[35]    A smaller size bulk carrier with a deadweight carrying capacity up to 50,000 t.

[36]    The Hong Kong Special Administrative Region of the People’s Republic of China.

[37]    Gross tonnage is a measurement of the enclosed internal volume of a ship and its superstructure with certain spaces exempted. 

[38]    One shackle equals 90 feet or 27.43 m.

[39]    The International Convention for the Safety of Life at Sea, 1974, as amended.

[40]    The regular inspection involved inspection of piston rings and liners, scavenge manifold, under piston space, exhaust manifold and economiser tubes, and cleaning as required (the inspection report included a photographic record).

[41]    Pacific Basin, Bridge Manual, Chapter 2, Navigation, 01.04.21, Rev 10.

[42]    Heaving-to refers to manoeuvring the ship to ride out heavy weather in the most comfortable position and avoid heavy rolling and pitching. Often, this will be with the weather on the bow and speed reduced to the minimum for steering.

[43]    Peril at Sea and Salvage: A Guide for Masters, Sixth Edition, International Chamber of Shipping (ICS) & Oil Companies International Marine Forum (OCIMF), 2020.

[44]    Pacific Basin, Crisis Management Manual, Issue 20 Dec 04.

[45]    The most well-known and frequently used salvage contract is the Lloyd’s Open Form of Salvage Agreement commonly known as Lloyd’s Open Form or LOF.

[46]    Admiralty Sailing Directions, Australia Pilot Volume 2, NP14, 12 Edition, 2013.

[47]    International Convention on Salvage, 1989, International Maritime Organization, London.

[48]    Lloyd’s is the worlds’ leading insurance marketplace. www.lloyds.com

[49]    Protection and Indemnity (P&I) is a type of insurance that shipowners purchase to cover the potentially huge costs of any harm they accidentally cause to people, property and the environment. This type of insurance is separate from others, such as hull and machinery insurance and cargo insurance. 

[50]    The International Group of P&I Clubs comprised 12 clubs, which between them provided marine liability cover for approximately 90% of the world’s ocean-going tonnage. 

[51]    The International Salvage Union (ISU) has stated that it is the trusted and unified global voice of its members who facilitate world trade by providing services which save life, protect the environment, mitigate risk and reduce loss. The ISU had a membership of about 55 marine salvage companies from more than 30 countries.

[52]    A lien is a charge against property, in most cases this is a ship. A maritime lien is a common law charge and adheres to the property from when the event giving rise to the claim happens (events that raise this lien are limited but include collision and salvage). Statutory liens against property are established by statute.

[53]    Guidelines for Safe Ocean Towing, MSC/Circ.884, 21 December 1998, IMO.

[54]    The pulling power of a tug, expressed in tonnes.

[55]    In December 1999, Erika, laden with 31,000 tonnes of heavy fuel oil, broke in 2 while in the Bay of Biscay, spilling nearly 20,000 tonnes of oil which washed up on the French coast. All the ship’s crew were rescued.

[56]    In December 2000, Castor, laden with 29,500 tonnes of petrol developed a 24 m crack on its main deck while in the Mediterranean Sea. The ship’s crew were evacuated and salvors towed it around for 40 days as various Mediterranean ports refused the structurally unsound tanker entry until eventually its cargo was transferred off the coast of Tunisia.

[57]    Guidelines on Places of Refuge for Ships in Need of Assistance, A 23/Res.949, 5 March 2004, IMO (this document was valid at the time of the incident but were revoked by revised guidelines. A 33/Res.1184, 17 January 2024, IMO).

[58]    Maritime Assistance Services (MAS), A 23/Res.950, 26 February 2004, IMO.

[59]    Guidelines on the Control of Ships in an Emergency, MSC.1/Circ.1251, 19 October 2007, IMO.

[60]    Good seamanship can be described as the best practice for carrying out any operation, work or task related to a ship’s operation. It has been learned and developed over time and recognised best practice is incorporated into maritime rules, regulations, codes or guidance aimed at ensuring safety of operations.

[61]    Requirements concerning Mooring, Anchoring and Towing, IACS Req. 2007, A1.1, Design of the anchoring equipment.

[63]    ibid.

[64]    ibid.

[65]    The 2004 House of Representatives Standing Committee on Transport and Regional Services, Ship Salvage Inquiry into Maritime Salvage in Australian Waters (the Neville Report).

[66]    Australian Transport Council, Inter-Governmental Agreement on the National Maritime Emergency Response Arrangements, 29 February 2008.

[67]    ibid, p 3.

[68]    ibid.

[69]    ibid, pp 6-7.

[71]    AMSA, Report on the 2011/12 Review of the National Plan to Combat Pollution of the Sea by Oil and Other Hazardous and Noxious Substances and the National Maritime Emergency Response Arrangements, October 2012, p1.

[73]    AMSA (2024), Intergovernmental agreement on the National Maritime Emergency Response Arrangement | Australian Maritime Safety Authority, accessed 17 January 2024.

[75]    National Plan for Maritime Environmental Emergencies, 2020 edition, p ii.

[76]    ibid, p 2.

[77]    ibid, pp 2-4.

[78]    ibid, pp 5-6.

[79]    ibid.

[80]    ibid.

[81]    ibid, p 7.

[82]    ibid n, pp 10-14.

[83]    ibid.

[84]    ibid, p 18.

[85]    ibid, p 19.

[86]    ibid, p 20.

[87]    ibid, p 21.

[88]    ibid.

[89]    Ibid, p ix.

[90]    ibid, p 22.

[91]    ibid.

[92]    Ibid.

[93]    ibid, p 23.

[94]    ibid, p 24.

[95]    ibid.

[96]    ibid, p 28.

[97]    ibid.

[98]    ibid, p 29.

[99]    ibid.

[100]   ibid, p 30.

[101]   ibid.

[102]   ibid, p 29.

[103]   ibid.

[104]   ibid.

[105]   ibid, p 31.

[106]   ibid.

[107]   ibid, p 31.

[108]   ibid, p 32.

[109]   ibid.

[111]   National Plan for Maritime Environmental Emergencies, 2020 edition, p 32.

[112]   ibid, p 34.

[113]   ibid.

[114]   ibid, p 36.

[115]   ibid.

[116]   ibid, pp 39-41.

[117]   ibid, p 45.

[118]   ibid.

[119]   ibid, p 48.

[120]   ibid, p 49.

[121]   ibid, p 50.

[122]   ibid, p 51.

[123]   ibid.

[124]   Search and Rescue Operations Procedure Manual, SOM SOP 02/2022, AMSA.

[125]   Maritime Assistance Services Standard Operating Procedures, MAS SOP 01/2021, AMSA.

[126]   National Plan for Maritime Environmental Emergencies, 2020 edition, p 32.

[127]   National Maritime Casualty Management Guidance, 27 April 2018, AMSA.

[128]   Complex Maritime Emergency Management Guidance, 3 February 2022, AMSA.

[129]   National Maritime Places of Refuge Risk Assessment Guidance, endorsed by NPSCC November 2015, AMSA.

[130]   Coronavirus disease (COVID-19) was an infectious disease caused by a newly discovered coronavirus. The World Health Organization (WHO) first learned of this new virus on 31 December 2019. International and domestic responses to manage the pandemic included restrictions to activities and operations in the maritime industry.

[131]   State Emergency and Rescue Management Act 1989, No 165, New South Wales.

[132]   New South Wales State Emergency Management Plan, December 2018, New South Wales Government.

[133]   ibid, para 108.

[134]   Regional and local EMPLANS were not directly relevant to maritime emergencies in New South Wales coastal waters.

[135]   The Roads and Maritime Authority was dissolved in 2019 after Transport for NSW took over all its functions.

[136]   NSW Coastal Waters Marine Pollution Plan, December 2021 (endorsed by the State Emergency Management Committee on 2 December 2021), New South Wales Government.

[137]   The National Plan defined a control agency being the same as a combat agency, which is mainly used in this report, with both terms having the same meaning.

[138]   Memorandum of Understanding in Relation to Hazardous Materials Incidents on Inland and State Waters between: New South Wales Fire Brigades, Maritime Authority of New South Wales, Newcastle Port Corporation, Port Kembla Port Corporation and Sydney Ports Corporation, October 2010), New South Wales Government.

[139]   Port Safety Operating Licence 2019–2024, Newcastle Port Corporation (Trading as Port Authority of New South Wales) issued under the Ports and Maritime administration Act 1995, 1 January 2019, commenced on 1 July 2022.

[140]   Towage Licence, Port of Botany Bay (unrestricted), v1.0, 22 May 2020, Newcastle Port Corporation trading as Port Authority of New South Wales.

[141]   A Class 2 B vessel is essentially a non-passenger vessel for offshore operations (generally within 200 miles from land).

[142]   Towage Licence, Port of Sydney Harbour (unrestricted), v1.0, 22 May 2020, Newcastle Port Corporation trading as Port Authority of New South Wales.

[143]   Port Kembla Marine Oil & Chemical Spill Contingency Plan, A Sub-plan of the Illawarra Emergency Management Plan (Illawarra EMPLAN), Revision 12, 30 November 2021, Port Authority of New South Wales.

[144]   Incident Management Procedure, Issued 2 November 2021, Port Authority of New South Wales.

[145]   Sydney Harbour and Port Botany Marine Emergency Response Plan, Revision 5, 19 October 2021, Port Authority of New South Wales.

[146]   Port Kembla Emergency Response Plan, Revision 2, 8 December 2021, Port Authority of New South Wales.

[147]   Pollution Response Plan Botany, Version 3, 10 May 2022, Port Authority of New South Wales.

[148]   Pollution Response Plan Sydney, Version 3, 10 May 2022, Port Authority of New South Wales.

[149]   VTS Operations Procedure 3.2.2 – 01, Marine Pollution, Revision 1, 18 October 2021, Port Authority of New South Wales.

[150]   VTS Operations Procedure 3.2.2 – 01, Marine Pollution, Revision 1, 19 October 2021, Port Authority of New South Wales.

[151]   Marine Pollution Emergency Checklist, VTS Operations Procedures 5.2-09, Revision 1, 18 October 2021, Port Authority of New South Wales.

[152]   Emergency Response Checklist – First Strike Oil Spill (Sydney & Port Botany), Revision 7, 16 January 2020, Port Authority of New South Wales.

[153]   Svitzer operated another 2 Commonwealth-owned tugs there on behalf of the Australian Defence Force (these tugs were not used or available for commercial purposes).

[154]   Contract for Level 2 Emergency Towage Capability Services between AMSA and Svitzer Australia, 1 March 2019.

[155]   Standard Operating Procedures for the Contract for Level 2 Emergency Towage Services between AMSA and Svitzer Australia, 1 April 2019.

[156]   Veethane (also known as V-Thane) polyurethane is a very hard‑wearing but flexible thermoplastic. Veethane sleeves or tow wire protectors prevent abrasion and chafing of the wire against fairleads and bulwarks.

[157]   United Salvage (2025) https://unitedsalvage.com.au, accessed 19 March 2025.

[158]   Adsteam refers to Adsteam Marine, which was acquired by Svitzer Australia in 2007.

[159]   Adsteam Marine, Submission to the Productivity Commission inquiry into Harbour Towage, 24 June 2002.

[160]   Under the relevant New South Wales legislation, the incident ship/master could be directed (for example to take a towline, to enter a port or to not enter state waters). However, there were no powers to direct another ship, tug or salvor to assist another ship. In addition, there was no provision in the legislation to direct the owner or lessee of a port facility or berth to accommodate a ship in need of refuge. The Port Authority did not own any such port facility or berth.

[161]   Lessons Report for MV Portland Bay, NSW South Coast, 2022, AMSA, 19 October 2022.

[162]   Documented evidence shows that Svitzer consistently offered to make its tugs available to Pacific Basin under a TOWHIRE agreement unless tasked by AMSA under its ETC contract. 

[163]   As previously described, United Salvage submitted a formal place of refuge request to the MERCOM at 1945 on 4 July.

[164]   On 14 April 1912, Titanic was on its maiden voyage from Southampton, England, to New York, United States, when it struck an iceberg in the North Atlantic Ocean and sank some hours later with the loss of more than 1,500 lives. The British passenger liner was then the largest, most modern and celebrated ship but the catastrophe transformed its name into one forever associated with disaster. 

[165]   In 1948, the United Nations established the Inter-Governmental Consultative Organization (IMCO) as a permanent international body to promote maritime safety and set international safety standards. In 1982, the name of IMCO was changed to the International Maritime Organization (IMO), which continues its work. 

[166]   Det Norske Veritas, Assessment of the Risk of Pollution from marine Oil Spills in Australian Ports and Waters, Prepared for AMSA, 14 December 2021.

[167]   The Nautical Institute, Strandings and their Causes, Captain RA Cahill, Second Edition, 2002.

[168]   ibid, Chapter 8, Loss of Propulsion and Stranding, p 65.

[169]   ibid, p 157.

[170]   ibid.

[171]   United Salvage did not indicate if commercial towage arrangements or contracts were acceptable or considered.

Interim report

Report release date: 28/03/2023

This interim report details factual information established in the investigation’s early evidence collection phase and has been prepared to provide timely information to the industry and public. Interim reports contain no analysis or findings, which will be detailed in the investigation’s final report. The information contained in this preliminary report is released in accordance with section 25 of the Transport Safety Investigation Act 2003.

Background

At 0824 local time on 19 June 2022, Portland Bay (Figure 1) arrived off Port Kembla, New South Wales (NSW) following a voyage from Susaki, Japan. The ship was loaded with a cargo of cement and anchored off the port to wait for a berth to discharge the cargo.

At 1606 on 21 June, Portland Bay’s anchor was weighed and shortly after, a pilot boarded to conduct it to berth number 104 in Port Kembla’s inner harbour. By about 1724, the ship was safely alongside (starboard side to) its berth and, by 1930, cargo discharge had commenced. On the same evening, 8 new crew members joined the ship, including the relieving master and chief engineer. A further 5 relieving crew members joined the next day.

Figure 1: Portland Bay

Figure 1: Portland Bay

Source: ATSB

By 2100 on 26 June, cargo discharge had been completed and Portland Bay departed Port Kembla the following day at 1240. The plan was to berth the ship in Port Kembla again on 2 July for cleaning of the upper parts of the cargo hold using shore labour. During the intervening period, the accessible areas of the cargo holds were to be cleaned by the ship’s crew while at anchorage. The ship anchored briefly off the port before weighing anchor at about 1430. The ship then drifted off Port Kembla for about a day before anchoring again on 28 June for the crew to carry out the cargo hold cleaning.

On 1 July, Portland Bay's local agent advised the ship’s managers (Pacific Basin) of potential disruptions to its planned hold cleaning in Port Kembla due to heavy rain and a large north‑easterly swell forecast for 3‑ 4 July. The advice noted that the ship might have to depart Port Kembla to avoid damage to both the ship and the wharf if the forecast swell eventuated. The ship’s managers, however, decided to continue with the planned berthing and at 0154 on 2 July, the ship was all fast (starboard side to) at berth number 202 in the outer harbour (Figure 2).

Figure 2: Port Kembla Harbour (Portland Bay at berth 202; wind and swell at 1100, 3 July)

Figure 2: Port Kembla Harbour (Portland Bay at berth 202; wind and swell at 1100, 3 July)

Source: Australian Hydrographic Office (AHO) and annotated by ATSB

At 0410, a Bureau of Meteorology (BoM) forecast was issued predicting gale force winds of up to 35 knots[1] and an easterly swell of 3‑ 4 metres for the seas off Port Kembla for the following day. Entries in the ship’s logbook for 0500 recorded easterly winds at force 3 (7 to 10 knots).[2] At 1600 that day, a southerly wind at force 6 (22 to 27 knots) was recorded in the logbook.

At about 2243, Portland Bay's agent notified the master of additional measures required by the Port Kembla vessel traffic service (VTS) for ships in the port in anticipation of the forecast heavy weather. These measures included the lowering of an anchor to the seabed and the use of additional mooring lines. Port Kembla VTS also advised that the port’s anchorage was closed and that it required vessels drifting to remain at a safe distance off the coast (12 miles[3] or more).

The occurrence

On 3 July 2022, Portland Bay began to be affected by the swell at its berth in the outer harbour (Figure 2). At 1027, the terminal manager contacted VTS for an assessment by the duty pilot on whether it was safe for the ship to remain at its berth in the deteriorating weather conditions. At 1035, the ship’s master requested and received permission from VTS to lower the port anchor to the seabed.

At about 1050, following a risk assessment by the duty pilot and the harbour master, VTS instructed the ship’s master to prepare to depart to avoid damaging the wharf and the ship due to its movement in the swell. The master concurred with the decision and began preparing for departure. Pre-departure checks included the testing of the ship’s steering gear and main engine (ahead and astern propulsion). A strong south-easterly breeze at force 6 (22 to 27 knots) was recorded in the ship’s logbook at that time.

At 1235, a pilot boarded Portland Bay and, by 1300, the pre-departure checks and master-pilot information exchange had been completed with the main engine on stand-by. The ship departed the berth at 1312 assisted by two tugs. The ship had maximum water ballast on board and its draught was 4.11 m forward and 5.30 m aft (aft draught for full propeller immersion was 5.1 m).

By 1334, Portland Bay had cleared the breakwater and the pilot disembarked. Due to the prevailing and forecast heavy weather, the engine room was kept manned with the engine on stand-by. The ship steamed east-north-east with the engine at manoeuvring full ahead (90 rpm). The ship experienced moderate to heavy rolling and pitching and the master recalled having difficulty maintaining a steady course and achieving a speed[4] of just 2‑ 3 knots.

At 1800, when Portland Bay was 14 miles east-north-east of Port Kembla, the master stopped the main engine to begin drifting.  The weather had not improved with south-easterly force 7-8 winds recorded in the logbook. At about 1937, the main engine was restarted (probably to reduce rolling and pitching and arrest the ship’s westerly drift). The engine order setting was gradually increased to manoeuvring full ahead. At midnight, east-south-easterly winds at force 7 (28 to 33 knots, near gale force) were recorded in the logbook. The third mate handed over the ship’s navigation watch to the second mate and then conducted fire rounds[5] with nothing untoward reported.

At 0200 on the following day, 4 July, Portland Bay’s main engine was stopped, and the ship resumed drifting in a position 24 miles east-north-east of Port Kembla (15 miles from the nearest coastline).  Although the south-easterly wind strength had reduced to force 5 (17 to 21 knots), the swell generated earlier by the stronger winds persisted. At about 0330, the ship surged[6] and rolled heavily, after which, the second mate restarted the main engine at dead slow ahead (42 rpm). By 0337, the engine order setting had been increased to half ahead (about 80 rpm) and, and by 0344, to full ahead (90 rpm).

Shortly after 0400, the second mate handed over the watch to the chief mate. The wind at the time was recorded as south-easterly, force 6-7. The second mate then completed fire and safety rounds and found nothing unusual. During those early hours of the morning, the BoM wave rider buoy off Sydney recorded waves with a significant wave height[7] of 5.04 m and a maximum wave height[8] of 8.44 m from the east-south-east.

At 0450, an alarm on the ship’s bridge fire detection panel alerted the chief mate to the activation of two fire detectors in the starboard side of the lower engine room. The second engineer, who was on watch in the engine control room and the chief engineer (also in the control room) found that the smoke from the main engine auxiliary blower no.2 had activated the fire detectors. A minute later, the second engineer returned to the engine control room, called the bridge and asked the chief mate to reduce main engine speed, and stopped blower no.2.

The chief mate began slowing down the main engine and, by 0453, when the master arrived on the bridge, the engine was set at slow ahead (58 rpm). At 0507, the engine setting was reduced further to dead slow ahead. Shortly after, various engine orders up to half ahead (80 rpm) were tried, but the master noted that the maximum rpm achieved was only 42.  

At 0600, the master notified the ship’s managers of the ‘main engine failure’ and the ship’s situation. Shortly after, the engine was stopped and by 0624, the ship was displaying ‘not under command’ (NUC)[9] signals. The status of the disabled ship was also updated to NUC on its ‘automatic identification system’ unit.[10] At 0635, the engineers operated the main engine from the local emergency controls (adjacent to the main engine) in an attempt to increase rpm sufficiently for the turbo charger to take over, but their efforts were unsuccessful.

At 0658, Portland Bay’s master notified Port Kembla VTS on very high frequency (VHF) radio channel 16 that the ship’s main engine had ‘failed’, that it was drifting towards the coast and requested tug assistance. Port Botany VTS, which was also monitoring channel 16 (and in contact with Port Kembla VTS), began sourcing available tugs in the area to assist the ship.

At 0716, when Portland Bay was 11 miles south of Botany Bay, and 5.8 miles from the nearest coastline, the master broadcast an ‘urgency’[11] message on channel 16. Marine Rescue New South Wales (Port Kembla) acknowledged this urgency message. At about 0730, Marine Rescue NSW suggested to the master that the ship be anchored. However, in the adverse weather conditions and the relatively deep water where the ship was, the master decided against anchoring.

Subsequently, at 0744, Port Kembla VTS notified the Australian Maritime Safety Authority’s (AMSA) Joint Rescue Coordination Centre (JRCC) that the ship was drifting towards the coast and at risk of grounding in about 1.5 hours. Meanwhile, Port Botany VTS received confirmation from Engage Marine, a harbour tug provider in Port Botany on the availability of tug SL Diamantina. Soon after, JRCC coordinated with Port Botany VTS to dispatch SL Diamantina to Portland Bay’s location.

At about 0800, JRCC also started planning for a possible evacuation of Portland Bay's crew in the event that the ship stranded on the rocky coastline, endangering the crew. The planning involved coordinating with others including the Australian Defence Force and NSW Police and the State’s Helicopter Rescue and Ambulance Services.

At 0815, Portland Bay’s master, after consultation with the ship’s managers, broadcast distress alerts on maritime satellite communication systems and marine radio frequencies. At 0830, the master sounded the ship’s general emergency alarm and mustered the crew, contemplating abandoning the ship.

Meanwhile, in the worsening situation, the Port Authority of NSW had assumed the role of ‘combat agency’[12]  in accordance with NSW State Emergency Management Plan and the National Plan for Maritime Environmental Emergencies and established an incident management team (IMT). SL Diamantina left Botany Bay at 0848 and was expected to arrive at Portland Bay’s location 90 minutes later. Shortly after 0900, 3 rescue helicopters tasked by JRCC to evacuate non‑essential crew arrived at the ship’s location. However, the helicopters had to abandon their winching attempts due to the ship’s unpredictable heavy rolling and pitching, which increased the risk of the winching cable being fouled by structures or fittings on the ship’s deck.

At 0917, when the ship was about 1 mile from the nearest coastline and in water depths of about 45 m (Figure 3 and Figure 4), the master anchored the ship, using both the anchors to arrest its drift towards the coast.

Figure 3: Portland Bay's movements from 3‑ 6 July

Figure 2: Port Kembla Harbour (Portland Bay at berth 202; wind and swell at 1100, 3 July)

Source: AHO and annotated by ATSB

Figure 4: Portland Bay's track showing key events

Figure 4: Portland Bay's track showing key events

Source: AHO and annotated by ATSB

At about 1000, when SL Diamantina arrived near Portland Bay, the salvage company, United Salvage, had been appointed to direct Engage Marine and its tugs. Shortly after, the master agreed to connect SL Diamantina's towline under a standard salvage agreement. At 1055, after several unsuccessful attempts, the towline had been connected. The ship’s engineers then removed the damaged auxiliary blower impeller and fitted a blank on the blower trunk.

At 1051, JRCC issued an ‘on-task direction’ for the emergency towage vessel (ETV) for the NSW ‘area of operations’ under the National Plan[13] to assist Portland Bay (Svitzer Glenrock, based in Newcastle, was the ETV identified for this area in AMSA’s emergency towage capability map). A few minutes later, Bullara (operated by Svitzer Australia) and located in Port Jackson, Sydney (closer to the ship’s location) departed the port. Shortly after, another Engage Marine tug, SL Martinique, departed White Bay, Sydney, to join the response.

Meanwhile at the ship’s location, SL Diamantina’s tow line parted at 1158. Over the next hour, the line was reconnected twice only to part again. Portland Bay’s master then asked the tug master not to attempt reconnecting it. Weather conditions at the time were near gale force south‑south‑easterly winds with a heavy south-easterly swell (estimated to be 9 m by the tug master).

At about 1410, the tugs Bullara and SL Martinique arrived on the scene and connected tow lines to Portland Bay’s starboard and port shoulder,[14] respectively. By 1430, a new impeller had been fitted to auxiliary blower no.2 and the ship’s managers notified AMSA that the ship’s main engine was operable at limited rpm (up to half ahead).

By 1540, Portland Bay’s anchors had been weighed and the tugs began towing it away from the coastline. Soon after, the master informed JRCC that the main engine could not be operated at a rpm greater than slow ahead.

Later during the afternoon, the engine had to be stopped on 2 occasions due to high temperatures caused by scavenge space fires.[15] At 1842, Bullara’s tow line parted and, with only SL Martinique connected, Portland Bay again began closing with the coastline.

At 1957, JRCC tasked Svitzer Glenrock to depart Newcastle to join the response. Subsequently, the tug’s crew arrived onboard and conducted storing in preparation for their voyage.  

At 2010, Portland Bay’s master decided to anchor the ship again (Bullara was unable to actively assist due to its broken tow line). By 2045, the master had deployed both anchors, the ship was 1.4 miles from the coast and maintaining its position. The average and maximum swell recorded off Sydney at the time were 5.03 m and 8.63 m, respectively. At about 2110, SL Diamantina was stood down by the salvors as it was low on fuel and instructed to return to Port Botany.

At 2227, after completion of pre-departure and towing gear checks, Svitzer Glenrock departed Newcastle in weather conditions that remained rough with gale force southerly winds and a heavy swell of about 8 m.

At about 1300 the following day, 5 July, when Svitzer Glenrock arrived at Portland Bay’s location, the swell was still estimated to be about 8 m. United Salvage then asked Bullara’s master retrieve the broken tow line to allow Svitzer Glenrock to be made fast. By 1515, once Svitzer Glenrock was made fast, JRCC dismissed Bullara.

At 1550, AMSA issued a direction[16]to the ship’s owner and master to proceed under tow to a suitable berth in Port Botany. Port Authority of New South Wales and United Salvage were also directed to facilitate the tow and the ship’s berthing in Port Botany. Later that afternoon, in response to AMSA’s direction, United Salvage prepared a towage plan for the passage to the berth.

At 0722 on 6 July, tug SL Fitzroy arrived at Portland Bay’s location to assist with the towage and subsequent berthing of the ship. Following the arrival of the pilot vessel at 0845, SL Fitzroy made fast to the ship and, by 0954, 2 harbour pilots, representatives from the salvor, including an engineer, had boarded. Shortly after 1000, the master started weighing the anchors and by 1051, with both anchors home, the tugs (Svitzer Glenrock, SL Martinique and SL Fitzroy) began towing the ship. The ship’s main engine was used at its minimum setting of dead slow ahead as needed to assist the tow.

At 1228, the ship entered Port Botany port limits and by 1312, tug SL Diamantina also made fast for the berthing in accordance with the plan. By 1454, Portland Bay was safely alongside at the berth in Hayes Dock. Subsequently, AMSA officers boarded and, following initial inquiries, detained[17] the ship on grounds that it was unseaworthy due to its unreliable main engine.

On 7 July, an AMSA port state inspection identified deficiencies related to the ship’s main engine and other machinery. Over the following days, inspections and maintenance of all cylinder units of the main engine, auxiliary blower no.2 and charge air cooler were completed in accordance with the engine manufacturer’s recommendations.

On 13 July, following repairs, while the ship was still alongside, the main engine was tested to the satisfaction of the ship’s classification society surveyor and the engine manufacturer’s representative with an AMSA surveyor in attendance. The ship was then released from detention, and later that day, it departed Port Botany for Gisborne, New Zealand.

Context

Portland Bay

Portland Bay was owned by Uhland Shipping, classed with Nippon Kaiji Kyokai (Class NK) and managed and operated by Pacific Basin Shipping, Hong Kong. The Hong Kong registered 169 m bulk carrier was built in 2004 by Imabari Ship Building Company, Japan.

At the time of the incident, Portland Bay had a crew of 21, of which 13, including the master and chief engineer, had joined the ship in Port Kembla on 21 and 22 June 2022, about 12 days before the incident.

The master had about 23 years of seagoing experience with about 18 years in the rank of master. The master joined Pacific Basin shipping in 2017 as chief mate before gaining command on its ships. The incident voyage was the master’s first assignment on Portland Bay.

The chief engineer had about 30 years of seagoing experience. The chief engineer joined Pacific Basin shipping in 2016 and was promoted to chief engineer in 2021. The incident voyage was the second assignment as chief engineer after joining Portland Bay for the first time.

Machinery

Portland Bay’s propulsion was provided by a Makita Mitsui MAN-B&W 6S42MC engine, delivering 5,850 kW at 129 rpm, driving a single, fixed‑pitch, four‑bladed, right-handed propeller. The ship had a service speed of about 14 knots at 85% ‘maximum continuous rating’[18], which was 122 rpm (full sea speed).

The main engine was fitted with 2 auxiliary blowers, which generally operated in automatic mode providing air for the engine at low engine speeds. The blowers were designed to cease operation at higher engine speeds when the exhaust gas driven turbocharger could meet the engine’s air demand.

Further Investigation

A team of ATSB investigators attended Portland Bay in Port Botany to collect relevant documentary and recorded electronic evidence, and interviewed the master and the chief engineer. The ATSB also obtained relevant evidence from Pacific-Basin Shipping, AMSA, Port Authority of New South Wales, Engage Marine, Svitzer Australia and BoM.

The investigation is continuing and will include a review and assessment of:

  • Portland Bay’s activities and movements in relation to calling at Port Kembla
  • further analysis of data from the ship’s voyage data recorder to verify key event times
  • the ship’s main engine maintenance and performance, including auxiliary blower operation
  • the incident reporting and emergency response on board the ship
  • the emergency response by authorities with respect to the State and National Plans.

Purpose of safety investigations

The objective of a safety investigation is to enhance transport safety. This is done through:

  • identifying safety issues and facilitating safety action to address those issues
  • providing information about occurrences and their associated safety factors to facilitate learning within the transport industry.

It is not a function of the ATSB to apportion blame or provide a means for determining liability. At the same time, an investigation report must include factual material of sufficient weight to support the analysis and findings. At all times the ATSB endeavours to balance the use of material that could imply adverse comment with the need to properly explain what happened, and why, in a fair and unbiased manner. The ATSB does not investigate for the purpose of taking administrative, regulatory or criminal action.

Terminology

An explanation of terminology used in ATSB investigation reports is available here. This includes terms such as occurrence, contributing factor, other factor that increased risk, and safety issue.

Publishing information 

Released in accordance with section 25 of the Transport Safety Investigation Act 2003

Published by: Australian Transport Safety Bureau

© Commonwealth of Australia 2023

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[1]     One knot, or one nautical mile per hour, equals 1.852 kilometres per hour.

[2]     The Beaufort scale of wind force, developed in 1805 by Admiral Sir Francis Beaufort, enables sailors to estimate wind speeds through visual observations of sea states.

[3]     A nautical mile (mile) of 1,852 metres.

[4]     Unless stated otherwise, all speeds in the report are over the ground.

[5]     Fire and safety rounds conducted in the ship’s accommodation spaces at regular intervals, especially in hours of darkness, to check for fire hazards or other hazards, such as unsecured equipment and open watertight doors.

[6]     Surge is the forward and aft motion of the vessel due to rapid acceleration and deceleration.

[7]     Significant wave height is traditionally defined as being the average height of the highest one-third of the waves experienced over time. It is also referred to as ‘total wave height’. About 14% or one in every 7 waves will be higher than the significant wave height.

[8]     Maximum wave height (Hmax) can be up to twice the significant wave height.

[9]     Not Under Command (NUC) – A vessel, which due to exceptional circumstances is not able to manoeuvre as required by the rules under Convention on the International Regulations for Preventing Collisions at Sea, 1972, as amended (COLREGs), and is therefore unable to keep out of the way of another vessel.

[10]    The automatic identification system (AIS) is a very high frequency (VHF) radio broadcasting system which enables AIS equipped vessels and shore-based stations to send and receive identifying information.

[11]    The urgency signal consists of the words ‘PAN PAN’ and indicates that the station sending it has a very urgent message to transmit concerning the safety of a vessel, aircraft, or person.

[12]    A Combat Agency is the agency identified in State and/or Commonwealth emergency management plans as the agency primarily responsible for controlling the response to a particular emergency.

[13]    The National Plan for Maritime and Environmental Emergencies (National Plan) includes arrangements for emergency towage capability based around the Australian coast and is managed by AMSA.

[14]    A shoulder is the area where a ship’s hull form changes from the bow shape to the parallel mid body.

[15]    Scavenge space fire is fire of flammable mixture (cylinder oil, unburnt fuel and carbon) which can collect in the scavenge space of an engine. Fire in the scavenge air space can be extinguished by steam, water mist or CO2

[16]    The Protection of the Sea (Powers of Intervention) Act 1981 provides AMSA powers to take measures and issue directions to prevent or respond to pollution of the sea by oil or other substances.

[17]    A detention is an intervention action taken by the port State when the condition of the ship or its crew does not correspond substantially with the applicable conventions. The action is taken to ensure that the ship will not sail until it can proceed to sea without presenting a danger to the ship or persons on board, or without presenting an unreasonable threat of harm to the marine environment, whether or not such action will affect the scheduled departure of the ship.

[18]    Maximum Continuous Rating (MCR) is the maximum output power for the engine running continuously under safe conditions.

Occurrence summary

Investigation number MO-2022-006
Occurrence date 04/07/2022
Location 22 km south of Port Botany
State New South Wales
Report release date 15/05/2025
Report status Final
Investigation level Systemic
Investigation type Occurrence Investigation
Investigation status Completed
Mode of transport Marine
Occurrence class Serious Incident
Highest injury level None

Ship details

Name Portland Bay
IMO number 9276200
Ship type Dry bulk carrier
Flag Hong Kong
Manager Pacific Basin Shipping, Hong Kong
Departure point Port Kembla, New South Wales
Destination Port Kembla, New South Wales (Port Botany for refuge)
Damage Nil