The Office of Commonwealth Public Prosecution has laid charges against a Kimberley company and master over a serious boat crash that injured dozens of tourists at the Horizontal Falls last year.
Twenty-seven people were on board the tour boat Falls Express when it allegedly crashed into a rock wall at the tourist destination in May 2022.
The accident sparked an extensive investigation by the Australian Maritime Safety Authority, who passed its file to the Office of Commonwealth Public Prosecutions earlier this year to decide on potential charges.
The authority confirmed on Tuesday charges have now been laid under the Marine Safety National Law Act 2012 against the master.
"The master, Edward James Whisson, has been charged with two safety-related offences— failing to take reasonable care, and not implementing and complying with the safety management system for the vessel and its operations," a spokesperson said.
Journey Beyond Adventures — trading as Horizontal Falls Seaplane Adventures and owner of the Falls Express boat involved in the collision - has also been charged.
"The owner ... [has been] charged with two offences for failing to, so far as reasonably practicable, ensure the safety of the vessel, its equipment and the operation of the vessel; and failing to implement and maintain a safety management system that could ensure Falls Express, and its operations, were safe," the authority said.
The matter will go before the WA Magistrates Court.
A year on
The charges come one year after the incident, which sparked an emergency response from authorities to rescue seriously injured passengers from the remote Talbot Bay region.
A popular tourist attraction about 250 kilometres north-east of Broome, dozens of people had to be evacuated to Broome, Koolan Island and Derby via seaplane, and some were flown to Perth due to the seriousness of their injuries.
It comes as the Department of Biodiversity, Conservation and Attractions and traditional owners announced they were potentially considering barring tourism operators from passing through the falls in the future for safety and cultural reasons.
The department said it was yet to make a decision on current tourism operating licenses.
A Journey Beyond spokesperson confirmed the company was facing charges.
"Horizontal Falls Seaplane Adventures can confirm that it has received a prosecution notice from the Commonwealth Director of Public Prosecutions, regarding the marine incident that occurred at Horizontal Falls on 27 May 2022," they said.
"As this is an ongoing legal matter, we are unable to provide any further comment at this stage."
