East Timor may seek oil spill compensation

Stephanie March

Last Updated: Fri, 6 Nov 2009 14:17:00 +1100

East Timor says it will seek compensation from Australia for any pollution caused by an oil spill from the West Atlas rig.

The West Atlas rig was leaking 400 barrels of oil a day for two months into the Timor Sea before being plugged this week.

The oil platform is just 250 kilometres from East Timor's coastline and the oil slick it has produced is less than 100 nautical miles off the East Timorese coastline.

East Timor's president, Jose Ramos Horta says there are concerns the slick may enter domestic waters.

Responsibility

"About the problem in the Timor Sea, I think it has been going on . . . for more than two months in the Australian zone of the Timor Sea for which the Australian government has full responsibility for the problem together with the Thai oil company."

President Horta says he wants to know if the oil slick has entered East Timor's maritime area as quickly as possible.

If it has, he says he'll be looking for compensation.

"I think the government of Timor-Leste should speak to the environment groups in Timor-Leste and in Australia to find out those who have been responsible and if there is any compensation to pay to Timor-Leste if there is negative impact upon the environment," he said.

Reports from Indonesia suggest huge numbers of fish have died because of the oil spill.

Investigate

Queensland University biologist, James Watson was sent by the Australian government to investigate the initial effects of the spill in Australian waters.

Mr Watson says he would not be surprised if the oil slick has reached East Timor's waters.

He says it will have an effect on the ecosystem.

"The spill has happened over when some fish were spawning so you would probably expect some fish populations in the short term," he said.

"There will also be carry on effects into other parts of the ecosystem...so there will be a shortening in numbers of birds, seas snakes and turtles because there is less food in the environment."

If the spill has polluted East Timor's waters, Australian National university law expert, Professor Donald Rothwell, says Australia could legally be held responsible.

"These were actions that occurred within the Australian Continental Shelf, these were activities over which the Australia government had oversight."

"Ultimately, the Australian government would bear responsibility in international law for any damage that occurred to East Timor as a result of these incidents," he said.

Professor Rothwell says East Timor is within its rights to raise the issue of compensation.

The Australian government says it will hold discussions with East Timor over any concerns it has about the spill.

A spokeswoman from Australia's Department of Foreign Affairs and Trade says the government will act consistently with international law in relation to the incident.

An Australian inquiry into the leak is due to be finished in April next year.