Environment Protection (Sea Dumping) ACT 1981 for the period 16 May 2012 to 31 December 2012 - Applications Received and Permits Granted

Administered by Department of Climate Change, Energy, the Environment and Water

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE

FOR THE PERIOD: 16 May 2012 to 31 December2012

Pursuant to section 25 of the Environment Protection (Sea Dumping) Act 1981, notice is given that:

Applications Received

  • An application was received from Gladstone Ports Corporation Limited, 45 Wharf Drive, Burnett Heads, Queensland, 4670, to dispose of a maximum of 2,900,000 cubic metres, comprised of 90,000 cubic meters per annum of routine maintenance dredging and 2,000,000 cubic meters of emergency dredging, derived from the Port of Bundaberg spoil ground, Burnett Heads, Queensland.
  • An application was received for a burial at sea of a body, to be conducted by the Sapphire Coast Funerals Pty Ltd, Munje Street, Pambula NSW 2549, offshore Merimbula, New South Wales.
  • An application was received from Dampier Port Authority, MOF Road, Burrup Peninsula, Dampier, Western Australia, 6713, to load, for the purposes of dumping, and to dump up to 98,300 cubic metres of dredge spoil, derived from capital dredging within the East Lewis Island Spoil Ground, existing of the Dampier Heavy Load Out Facility at the Port of Dampier, Western Australia.
  • An application variation was received from the former Townsville Port Authority, PO BOX 1031, Townsville, Queensland 4810, now known as the Port of Townsville Limited, PO Box 1031, Townsville, Queensland 4810, to extend the permit until 31 December 2012 for the purpose of dumping, and to dump up to 772,892 remaining cubic metres from the original permitted amount of 2,750,000 cubic metres for the purpose of maintenance dredged seabed material from the Access Channels, Inner Harbour, Outer Harbour Areas, Ross Creek and Ross River within the Port of Townsville, QLD.
  • An application variation was received from the Port Hedland Port Authority, PO BOX 2, Port Hedland, WA, 6721, to vary the load amount, for the purpose of dumping, and to dump from up to 1,750,000 cubic metres to up to 2,050,000 cubic metres of maintenance dredged seabed material from the Inner Harbour, Access Channels, Nelson Point Berths, Port Hedland Port Authority Berths and Finucane Island Berths within the Port of Port Hedland.
  • An application variation was received from the Gladstone Ports Corporation Limited, PO Box 259, Gladstone, QLD 4860, to extend the permit until 7 February 2013 so the applicant may continue to load, for the purpose of dumping, and to dump up to 1,000,000 cubic metres of maintenance dredged seabed material from the shipping channels, turning basins and berth pockets within the Port of Gladstone, Queensland.
  • An application variation was received from the Port Hedland Port Authority, PO BOX 2, Port Hedland, WA, 6721, to load, for the purpose of dumping, and to dump from up to 8.8 million cubic metres of capital seabed material derived from South West Creek in the Port of Port Hedland, Western Australia, for the extend period until 29 December 2014.
  • An application variation was received from the former Townsville Port Authority, PO BOX 1031, Townsville, Queensland 4810, now known as the Port of Townsville Limited, PO Box 1031, Townsville, Queensland 4810, to extend the permit until 31 December 2014 so the applicant may complete loading, for the purpose of dumping, and to dump up to 772,892 remaining cubic metres from the original permitted amount of 2,750,000 cubic metres for the purpose of maintenance dredged seabed material from the Access Channels, Inner Harbour, Outer Harbour Areas, Ross Creek and Ross River within the Port of Townsville, QLD.

Permits Granted

  • A sea dumping permit was granted on 30 May 2012 to the Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone, QLD, 4680, to load, for the purposes of dumping, and to dump up to 2,900,000 cubic metres of dredge spoil, derived from maintenance dredging of the inner, middle and sea reaches of the channel of the Port of Bundaberg, Queensland.
  • A sea dumping permit was granted on 31 May 2012 to the BHP Billiton Iron Ore, Clositers Square, Perth WA 6000, to load, for the purposes of dumping, and to dump up to 42 million cubic metres of in situ capital seabed material derived from capital dredging of berth pockets, swing and departure basins and a departure channel for the Outer Harbour Development, Port Hedland, Western Australia.
  • A sea dumping permit was granted on 9 August 2012 to the Sapphire Coast Funerals Pty Ltd, Munje Street, Pambula NSW 2549, for the burial at sea of a body, offshore Merimbula, New South Wales.
  • A sea dumping permit was granted on 25 August 2012 to the Dampier Port Authority, MOF Road, Burrup Peninsula, Dampier, Western Australia 6713, to load, for the purposes of dumping, and to dump up to 98,300 cubic metres of dredge spoil, derived from capital dredging of the existing Dampier Heavy Load Out Facility at the Port of Dampier, Western Australia.
  • A sea dumping permit was granted on 7 November 2012 to the Gladstone Ports Corporation Limited, PO Box 259, Gladstone, QLD 4860, to load, for the purposes of dumping, and to dump up to 1,000,000 cubic metres of dredged seabed material from shipping channels, turning basins and berth pockets within the Port of Gladstone, Queensland.

The Minister/delegate did not require these permits to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

Permit Variations Granted

  • A variation to a sea dumping permit, granted on 9 October 2007 to the former Townsville Port Authority, PO BOX 1031, Townsville, Queensland 4810 and now known as the Port of Townsville Limited, PO Box 1031, Townsville, Queensland 4810, to load, for the purpose of dumping, and to dump up to 2,750,000 cubic metres of maintenance dredged seabed material from the Access Channels, Inner Harbour, Outer Harbour Areas, Ross Creek and Ross River within the Port of Townsville, Queensland, was granted on 28 September 2012 to extend the permit until 31 December 2012.
  • A variation to a sea dumping permit, granted on 22 October 2010 to the Gladstone Ports Corporation Limited (‘GPC’) for the purpose of loading and dumping up to 11 million cubic metres of capital seabed material derived from deepening and widening of existing channels, the swing basin and the creation of new channels and swing basins in the Port of Gladstone, Gladstone, Queensland, was granted on 9 August 2012.
  • A variation to a sea dumping permit, granted on 29 October 2007 to the Port Hedland Port Authority, PO BOX 2, Port Hedland, WA, 6721, to load, for the purpose of dumping, and to dump up to 1,750,000 cubic metres of maintenance dredged seabed material from the Inner Harbour, Access Channels, Nelson Point Berths, Port Hedland Port Authority Berths and Finucane Island Berths within the Port of Port Hedland, was granted on 18 May 2012, to dump an up to an additional 250,000 cubic metres of maintenance dredged seabed material , extending until 29 October 2012.
  • A variation to a sea dumping permit, granted on 7 November 2007 to the Gladstone Ports Corporation Limited, PO Box 259, Gladstone, QLD 4860, to load, for the purpose of dumping, and to dump up to 1,000,000 cubic metres of maintenance dredged seabed material from the shipping channels, turning basins and berth pockets within the Port of Gladstone, Queensland, was granted on 7 November 2012 to extend the permit until 7 February 2013.
  • A variation to a sea dumping permit, granted on 30 December 2010 to the Port Hedland Port Authority, PO Box 2, Hedland, WA 6721, to load, for the purpose of dumping, and to dump up to 8.8 million cubic metres of capital seabed material derived from South West Creek in the Port of Port Hedland, Western Australia, was granted on 16 November 2012 to extend the permit until 29 December 2014.
  • A variation to a sea dumping permit, granted on 9 October 2007 to the former Townsville Port Authority, PO BOX 1031, Townsville, Queensland 4810 and now known as the Port of Townsville Limited, PO Box 1031, Townsville, Queensland 4810 and varied on 28 September 2012, to load, for the purpose of dumping, and to dump up to 2,750,000 cubic metres of maintenance dredged seabed material from the Access Channels, Inner Harbour, Outer Harbour Areas, Ross Creek and Ross River within the Port of Townsville, Queensland, was granted on 19 December 2012 to extend the permit until 1 April 2013.

The variations to the above permits were not required to undergo assessment under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as the Minister/delegate did not require advice under section 160 of the EPBC Act.

Copies of a decision by the Minister/delegate under subsection 19(7) granting, or refusing to grant, a permit and any conditions imposed in respect of those permits, may be obtained, upon request, from the Director, Queensland and Sea Dumping Section, Department of the Environment, GPO Box 787, CANBERRA, ACT 2601. 

 

Mike Smith

Director

Queensland and Sea Dumping Section

17 April 2015

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to address the problem of environmental degradation caused by the disposal of waste materials into the sea. This Act was introduced by the Commonwealth Parliament and aims to regulate and control the sea dumping of waste to protect marine ecosystems. It provides a framework for the assessment and control of applications for sea dumping permits, ensuring that such activities do not adversely affect the marine environment. This legislative measure aims to maintain the ecological balance and health of marine environments by setting strict controls over the disposal of materials into the sea, thus preventing pollution and harm to marine life.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to the disposal of waste into the sea within Australian jurisdiction, including the territorial sea and the Exclusive Economic Zone (EEZ). The Act governs the approval and regulation of sea dumping activities to protect the marine environment from pollution and ecological harm. The Act applies to entities such as corporations, port authorities, and funeral service providers who propose to dump materials or dispose of bodies at sea. These entities must seek and obtain a permit from the relevant Minister or delegate before undertaking any sea dumping activities. The Act also extends its application through subordinate instruments that may specify detailed requirements for permits, monitoring, and reporting. While the Act broadly covers all sea dumping activities within Australian jurisdiction, it does not apply to certain exclusions and exemptions as specified within the legislation, such as activities related to defence operations or permitted under other federal, state, or territory laws. The geographic reach of the Act is comprehensive, encompassing all waters within Australia's jurisdiction, ensuring a unified approach to sea dumping regulation.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981, which regulates the dumping of materials into the ocean from Australian vessels and offshore installations, includes several key provisions that are relevant to the applications and permits issued in the specified period. Section 19(1) of the Act outlines the conditions under which a permit to dump materials into the sea can be granted, while Section 19(2) specifies that a permit is required for the disposal of certain materials by dumping. Section 25 of the Act requires that details of applications and decisions made under the Act be published in the Gazette, as seen in the provided notice. Entities subject to the Act, such as Gladstone Ports Corporation Limited, Dampier Port Authority, and others, must comply with the requirements to obtain a permit before dumping any materials into the sea (Section 19(1)). This includes submitting detailed applications that outline the nature and volume of materials to be dumped, the location, and the methods to be used. The Act imposes stringent obligations on permit holders to adhere to the conditions of their permits, ensuring that the environmental impact of the dumped materials is minimised. Permit holders must also ensure that their activities do not cause harm to the marine environment or to human health (Section 19(3)). Under the Act, there are significant consequences for non-compliance with the permit conditions or the Act itself. Section 28 of the Act allows for the imposition of penalties for violations, which can include substantial fines and, in some cases, imprisonment. The specific penalties can vary depending on the nature and severity of the breach, but the Act provides for penalties that can be severe, reflecting the importance of protecting the marine environment. It is also important to note that the Act may be subject to cross-reference with other environmental legislation, which can further complicate compliance and enforcement.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.