ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 8 August 2014 to 8 September 2014
Pursuant to section 25 of the Environment Protection (Sea Dumping) Act 1981, notice is given that:
Applications Received
- An application was received from Chevron Australia Pty Ltd, L24, QV1, 250 St. Georges Terrace, Perth, Western Australia, 6000, to dispose of a maximum of 5,824 cubic metres of treated sewage and waste water derived from the Gorgon Project Jetty, Barrow Island, Western Australia.
- An application was received from Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone, Queensland, 4680, to dispose of a maximum volume of 385,000 cubic metres of Dredged Maintenance Material derived from the Port of Gladstone.
- An application was received from Southern Ports Authority, 85 Brunswick Road, Albany Western Australia, 6330, to dispose of a maximum volume of 82,400 cubic metres of Dredged Maintenance Material derived from the Port of Albany.
Permits Granted
- A sea dumping permit was granted on 5 September 2014 to the Port of Townsville Limited, Benwell Road, South Townsville, QLD, 4810, to load, for the purposes of dumping, and to dump up to 700, 000 cubic metres of dredged maintenance material from the Access Channels, Inner Harbour, Outer Harbour Areas, Townsville Marine Precinct, Ross Creek and Ross River within the Port of Townsville. The Minister/delegate did not require this permit to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (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.
Karina McLachlan
A/g Director
Queensland and Sea Dumping Section
10 November 2014
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted to regulate the disposal of waste materials into the sea to protect the marine environment. The Act was introduced to address the problem of potentially harmful substances being dumped into the ocean, which could adversely impact marine ecosystems and human health. The Act establishes a permit system for sea dumping activities, requiring applications to be assessed and approved by the relevant authorities to ensure compliance with environmental standards. The policy objective of the Act is to safeguard the marine environment while allowing for responsible waste disposal practices. The Act was enacted by the Parliament of Australia and provides a framework for the regulation of sea dumping activities within Australian waters. This includes the granting of permits for the disposal of waste materials into the sea, with the aim of minimising the impact of such activities on the marine environment. The Gazette notice published under section 25 of the Act provides information on applications received and permits granted for sea dumping activities, ensuring transparency and accountability in the regulatory process.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to entities and individuals engaged in activities that involve the disposal of waste materials into marine environments, within Australian territorial waters. This Act is designed to regulate the dumping of waste at sea to protect the marine ecosystem and human health from potential adverse effects. The Act encompasses a range of materials including sewage, waste water, and dredged maintenance material, and it applies to various industries, particularly those involved in maritime operations, port management, and resource extraction. The geographic scope of the Act is national, with the Commonwealth having jurisdiction over the regulation of sea dumping activities across state and territory waters. While the Act generally applies to all relevant activities and materials within its purview, specific exclusions, exemptions, or thresholds are detailed within the legislation or subsidiary instruments. Notably, the Act allows for the issuance of sea dumping permits, subject to assessment and conditions, ensuring that any approved disposal activities adhere to stringent environmental standards.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (Section 25) mandates the publication of applications and decisions regarding sea dumping permits within the specified period. For instance, an application from Chevron Australia Pty Ltd to dispose of 5,824 cubic metres of treated sewage and waste water from the Gorgon Project Jetty, Barrow Island, was received and is published here. Similarly, applications from Gladstone Ports Corporation Limited and Southern Ports Authority for the disposal of dredged maintenance material from the Port of Gladstone and Port of Albany, respectively, are also noted. These applications detail the type and volume of materials proposed for disposal, and they serve as the initial step in the regulatory process for sea dumping activities.
The Act imposes several obligations on the applicants and the relevant authorities. The applicants must submit detailed applications that include the type, volume, and origin of the materials to be dumped, as well as the methods of disposal. The Department of the Environment reviews these applications and decides whether to grant a permit, taking into consideration environmental impact assessments and compliance with relevant regulations. Once a permit is granted, the permit holder must adhere to the specified conditions, which may include limitations on the volume and frequency of dumping, as well as monitoring and reporting requirements.
Breaching the conditions of a sea dumping permit can lead to serious consequences. Under the Act, unauthorised dumping of materials at sea is strictly prohibited. Offences may attract both civil and criminal penalties. For example, individuals or corporations found guilty of contravening the Act could face substantial fines. The maximum penalties for corporate offences can extend to significant monetary fines, depending on the severity and frequency of the breach. Additionally, repeat offenders or those causing substantial environmental harm may face more severe penalties, including imprisonment for directors or responsible officers. Compliance with the Act is crucial to avoid these legal repercussions and to protect marine environments.