Determination of Areas for the Disposal of Industrial Waste - Vessels North Network of Marine Parks – Parks and Park Zones Assigned to IUCN Category IV and VI

Overview

The Environment Protection and Biodiversity Conservation Regulations 2000, amended by the instrument F2018N00085, establish specific areas within the North Network of Marine Parks that are designated for the disposal of industrial waste from vessels, provided that the disposal is in accordance with a permit issued under the Environment Protection (Sea Dumping) Act 1981. Enacted by Jason Mundy, Acting Director of National Parks, this notifiable instrument aims to address the need for a regulated approach to industrial waste disposal in marine environments to mitigate environmental harm while allowing for necessary industrial activities. The policy objective is to balance industrial needs with the conservation of marine parks, ensuring that waste disposal activities do not compromise the ecological integrity of these protected areas.

Scope and Application

The Environment Protection and Biodiversity Conservation Regulations 2000, specifically subregulation 12.14B(1), outlines the determination of areas designated for the disposal of industrial waste by vessels within the North Network of Marine Parks. This regulation applies to the specific parks and park zones assigned to IUCN Category IV and VII, which include Joseph Bonaparte Gulf, Oceanic Shoals, Arafura, Arnhem, Wessel, Limmen, Gulf of Carpentaria, and West Cape York Marine Parks. The disposal of industrial waste in these areas by vessels is permissible only if it is conducted in accordance with a permit issued under the Environment Protection (Sea Dumping) Act 1981. This determination is made by Jason Mundy, the Acting Director of National Parks, and it specifies the exact areas within each marine park that are open for such disposal as detailed in the North Marine Parks Network Management Plan 2018. The scope of this legislation is geographically confined to the Commonwealth, affecting all entities involved in the disposal of industrial waste within the designated marine park zones.

Key Provisions

The operative sections of this notifiable instrument are primarily concerned with the determination of specific areas within the North Network of Marine Parks that may be used for the disposal of industrial waste from vessels, provided certain conditions are met. According to subregulation 12.14B(1) of the Environment Protection and Biodiversity Conservation Regulations 2000, these areas must be assigned to IUCN Category IV or VI, and are detailed in Schedule 2 and Schedule 4 of the North Marine Parks Network Management Plan 2018. The instrument specifies that any disposal of industrial waste in these areas must comply with a permit issued under the Environment Protection (Sea Dumping) Act 1981. The obligations imposed by this instrument on the parties involved are primarily concerned with ensuring that any disposal of industrial waste from vessels within the specified areas is done in accordance with the relevant legislation. This includes ensuring that the disposal is carried out under a valid permit issued under the Environment Protection (Sea Dumping) Act 1981. Failure to comply with these obligations could result in a range of civil and criminal consequences, depending on the severity of the breach. The instrument also imposes certain obligations on the relevant authorities, such as the Acting Director of National Parks, to monitor and enforce compliance with the provisions of the instrument. This includes the responsibility to issue permits for the disposal of industrial waste in the specified areas, and to take appropriate action in the event of a breach of the instrument's provisions. In terms of offences and penalties, the instrument does not specify any particular offences or penalties. However, breaches of the Environment Protection (Sea Dumping) Act 1981, which is referenced in the instrument, can result in substantial fines and even imprisonment. For example, under section 16 of that Act, a person who disposes of waste in a manner that is inconsistent with their permit can be liable to a fine of up to $66,000 for a corporation, or $13,200 for an individual, or imprisonment for up to two years, or both. In conclusion, the key provisions of this notifiable instrument relate to the determination of specific areas within the North Network of Marine Parks for the disposal of industrial waste from vessels, the obligations of the parties involved to comply with the instrument's provisions, and the potential civil and criminal consequences of any breaches.