The NSW Government has moved to seize the MV Cape Don for disposal, as the vessel's condition continues to worsen, posing substantial risks to public safety and the environment.
NSW Maritime has been monitoring the 76-metre vessel's deteriorating condition for several years, where it is birthed at Balls Head, Sydney Harbour.
The owners have previously been issued two Unsafe Vessel Notices (UVN) under section 46 of the Marine Safety Act requiring the owners to make in situ repairs to the vessel and to secure a dry dock for major works to repair the vessel's hull.
Nearly 50 formal meetings have been held between NSW Maritime and the vessel's owners to raise concerns about its deteriorating condition.
Recent inspections have documented severe corrosion along the waterline, which greatly increases the risk of the vessel taking on water.
If the vessel does take on water, NSW Maritime holds serious concerns that dangerous chemicals could leach into the Harbour, posing a significant risk to the marine environment.
To date, the statutory notices have not been complied with and NSW Maritime will now proceed with the seizure and safe disposal of the vessel.
By seizing and disposing of the vessel now, before the vessel sinks, will prevent further risks to public safety and the environment and will save taxpayers around $15 million in potential salvage costs.
Minister for Roads, Jenny Aitchison said:
"Whether it's a 2-metre sailboat or a 76-metre ship like the MV Cape Don, owning a vessel comes with a responsibility to keep on top of its maintenance.
"I want to make it clear that NSW Maritime has been working in good faith with the owners of the MV Cape Don for many years to help restore the vessel, but its condition has only worsened, and the likelihood of the owners being able to restore it back to its former glory has become untenable.
"Let me be clear; this is a last resort. We want to see our maritime history restored, but the state of the MV Cape Don puts the public and our environment at risk.
"It's time for us to remove the risk of capsizing and the accompanying environmental damage and dispose of the vessel. This will remove this eyesore from our harbour and restore access to the foreshore for the local community."
Transport for NSW Maritime Executive Director Nicole Watts said:
"The vessel has not entered into a dry dock facility for inspections or major repairs for more than two decades. The underwater condition of the vessel is unknown and poses an unacceptable risk.
"Transport for NSW Maritime has met formally nearly 50 times with the owners to discuss concerns relating to the vessel condition and its berthing.
"The vessel has been formally seized today, with contractors to begin the process of safely disposing of the vessel in the near future."
