The Office of Commonwealth Public Prosecutions will consider potentially prosecuting a Kimberley company over a serious boat crash that injured dozens of tourists at the Horizontal Falls last year.
Twenty-eight people were on board the tour boat Falls Express when it allegedly crashed into a rock wall at the falls in May 2022.
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.
The Australian Maritime Safety Authority (AMSA) took over an investigation of the incident.
It notified Journey Beyond, the parent company of Horizontal Falls Seaplane Adventures, that a temporary prohibition notice was placed on the boat until the business could determine adequate action had been taken to prevent the accident from happening again.
The prohibition notice was lifted last year, but the investigation continued in the background.
In a statement to the ABC, a spokesperson for AMSA said it has since handed over its final file.
"AMSA completed the final investigation report and findings have been passed to the Office of the Commonwealth Director of Public Prosecutions (CDPP)," he said.
"As the matter is still ongoing, it would be inappropriate for AMSA to make further comments about the findings until the CDPP have reviewed the findings and considered the appropriate next steps."
According to AMSA policy, the CDPP makes the final decision on whether to prosecute a matter considered a "potentially serious" offence.
A spokesperson for the CDPP said any decision to prosecute would be made in accordance with the Prosecution Policy of the Commonwealth.
"The CDPP is unable to comment on this matter," the spokesperson said.
A spokesperson for Journey Beyond said the company declined to comment.
Safety concerns cited as reason for potential changes
The news comes after tourism companies were told last week that they may be barred from passing through the falls if changes to licenses by the WA government and traditional owners were to go ahead.
The Department of Biodiversity, Conservation and Attractions flagged the changes at a meeting in Broome, citing the need to create culturally appropriate tourism opportunities and safety concerns after May's incident.
The Journey Beyond spokesperson says it is happy to accept the changes.
"Journey Beyond understands that decisions around tourism operations at Horizontal Falls lie with the DBCA and the traditional owners," the spokesperson said.
"We respect the beauty and cultural significance of the land and waters in this area and remain committed to showcasing it in the appropriate manner.
"We will continue to work cooperatively with all entities involved."
No final decision has been made on the future of the licenses.
