The people of Rennell Island remember the dark day when an inky black bloom spread across the sea near their homes.
Located in the Solomon Islands, the bay was once famed for dolphin calling — a traditional practice where locals would lure the mammals to the shore.
"Rennell is one of the most beautiful islands in the world. It's a very unique island … very special," said Richie Pautangata, president of the West Rennell Landowners Association.
But almost exactly six years ago, more than 300 tonnes of heavy fuel oil leached into the island's Kangava Bay after the ship, the MV Solomon Trader, ran aground on a coral reef.
The oil spill was described as "the worst environmental man-made disaster" to ever occur in the Pacific nation.
More than half a decade later, locals are fighting for justice.
Today, a legal team representing the landowners will file a civil suit Solomon Islands High Court against the insurer, Korean Protection and Indemnity (KPI), and ship owner, King Trader Ltd, demanding compensation for the oil spill.
The Solomon Islands government is also expected to file a claim as part of the same proceedings before the statute of limitations lapses on February 5.
Recovery could take 130 years
The MV Solomon Trader oil spill in 2019 occurred near a world-heritage listed site, and a confidential 2020 report leaked to the ABC suggested it could take some 130 years for the area to recover.
That report also found the economic losses could be as high as $50 million, and the spill led to the direct loss of more than 10,000 square metres of reef and 4,000 square metres of lagoon habitat.
The ABC understands lawyers involved in the case are perusing as much as $60 million in damages.
Environmentalist Lawrence Kepangi Makili stopped short of what kind of dollar figure he'd like to see paid out in compensation.
But, he said, the court case was long overdue and the impact to the area has been severe.
"It was a real disaster," he said.
"The damage that [was] left behind was so huge that it affects a great portion of the corals around that area."
He said the mining industry was "skyrocketing" in the country and there needed to be accountability for the 2019 oil spill.
"If we cannot get somebody responsible for it, we are setting a precedent and then the whole [mining] boom will be a disaster."
Richie Pautangata said much of the island, the second largest raised coral atoll in the world, has been damaged by ongoing logging and mining.
He said the oil spill only added to the environmental damage in the area.
"It's just like putting salt into a wound," he said.
He said the oil spill was devastating for locals, whose reliance on the sea for food and livelihoods could not be overstated.
"Oh, she is part of our life," he said.
"It could be over 100 years before the place is safe.
"So just imagine, this generation and the next generation will not enjoy the environment as they used to."
In response to the civil suit being launched, KPI, the insurer, said the Solomon Islands government sent the company a claim in October 2021.
"KPI replied asking for clarification but did not receive a reply," a KPI spokesperson said. "We have not received court proceeding notification at this stage.
"KPI worked tirelessly to ensure the best clean up outcome, which was approved by the Solomon Islands government in 2019."
The KPI spokesperson also referred to a media release it put out in August 2019 at the conclusion of shore cleaning operations.
At the time it said "as a gesture of goodwill" it donated numerous items used in the Solomon Trader grounding response to local communities "including vehicles, generators, compressors and inflatable boats. Large quantities of rice have also been donated to local families".
It said it did everything "as quickly and efficiently as possible to make the best of a difficult situation" and thanked the "local cooperation" of the people on Rennell Island.
Efforts by the ABC to reach King Trader, the ship's owner, were unsuccessful.
Solomon Islands signs up to 'Bunker Convention'
Two years after the disaster, the Solomon Islands signed up to the International Convention on Civil Liability for Bunker Oil Pollution Damage, known as the "Bunker Convention".
The Bunkers Convention provides a basis for enhanced civil liability and the ability to seek compensation in relation to marine pollution incidents.
But since the Solomon Islands was not a signatory at the time of the disaster, it may have little legal impact in the current case, according to Donald Rothwell, a professor of international law at the ANU School of Law.
"The Bunkers Convention will be a very difficult legal argument to advance because the Solomons only became a party to the Bunker's Convention more recently, in 2021," he said.
He suggested the damage and loss should not be hard to prove in this case, and there were existing legal frameworks that could be pursued, namely the Shipping Act and the International Convention for the Prevention of Pollution from Ships (MARPOL).
"There's really not much legal doubt about the ability of the Solomon Islands government to prosecute the shipowners as result of this incident and to claim for the loss and damage arising for that.
"But it also needs to be recalled that in any of these claims there is quite complex legal arguments that need to be developed," he said, referring to assessing the extent of the damage through scientific evidence.
'Let justice prevail'
For Richie Pautangata, it's simple: by allowing extensive mining the government was "creating a cancerous cell into the system".
"If they're so concerned about this oil spill and the environmental pollution in Rennell then they should give help," he said, referring to both government and the involved companies.
"Provide them food. Provide them what they need to sustain their livelihood because their food security is diminished or destroyed.
"It can recuperate, nature — it can build itself. But when it comes to anthropogenic destruction like logging and mining, I don't think the recovery process will be fast."
Attempts to reach hiring company Bintan Mining Solomon Islands were unsuccessful. The Bintan general manager at the time, Fred Tang, did not respond to requests for comment.
