By Robert A Emmanuel
Following the high profile sale of the superyacht Alfa Nero to US billionaire Eric Schmidt, the Antigua and Barbuda Port Authority’s CEO Darwin Telemaque said the new powers given to his agency under a recent legal change could help prevent environmental damage caused by abandoned vessels.
The Port Authority (Amendment) Act came into force three months ago, empowering the government to seize the luxury vessel, which was believed to be owned by sanctioned Russian oligarch Andrey Guryev.
The amendment allows the Port Authority to take possession of a vessel if it has been seized, detained or abandoned. Certain criteria are listed including, if left in its current state the boat will deteriorate and could pose a threat to its safety or security or to other vessels in the harbour, and if it’s likely to pose a threat to human health and safety.
During a press briefing prior to Friday’s auction of the 267ft yacht, Telemaque noted that the legal change had been generally welcomed by the Port Authority, calling it “progressive legislation” for maritime management.
Telemaque explained, “One good thing from the legislation is that for all these years that the Port had existed, we have been unable to address navigational issues before they sink below the ocean, so we have only been able to remove the navigational risks when they [vessels] become wrecks.”
Speaking immediately after the sale of the yacht on Friday, Telemaque spoke further about how the legislation could be used by the Port Authority.
“We will certainly use the amendment to the Port Act to ensure that all our harbours are maintained in pristine conditions, that no owner will allow their vessels to become a wreck which is what happened before, and we will now be in a position to remove the threat above the water as opposed to having to pay someone to go remove it under the water,” he said.
“Keep in mind, it is public good that we have to administer and when one person tries to interrupt or infringe on others’ rights to enjoy the space that we want to provide for them, then institutions like [the Port Authority] has to step in,” Telemaque noted.
The legal amendment stirred controversy in March when United Progressive Party MPs walked out during debate on the bill, protesting what they felt was inadequate time to review the changes. It was eventually approved with no opposition votes in its favour.
The lead up to Friday’s auction saw several notable obstacles as the former owners of the vessels sought to block the auction through last minute legal manoeuvres, including applications for injunctions that were ultimately rejected by the local courts.
Telemaque reiterated that the sale of the vessel, that had been reportedly customised and contained several works of art on board, was not an attack against the former owners but crucial to protect the maritime environment from damage.
“It must be noted that we did not create the situation that existed; the United States sanctioned the vessel—that is an elephant in the room.
“As a sanctioned vessel, it could not be accessed or moved…I don’t think the marine community were happy to know that there was a vessel that could potentially damage the product that we have, so we weren’t taking steps to be punitive to the vessel or its owner,” he said.
Telemaque noted that the government had sought for several months to compel the former owners to remove the vessel to no avail.
Former Google CEO Schmidt now has until the end of this week to deposit his US$67.6 million bid into the Consolidated Fund at the Treasury to finalise the purchase of the Alfa Nero.
