Environment Protection (Sea Dumping) Act 1981 - Matters to be published in the Gazette (1 April 2013 to 30 June 2013)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01558 In force Gazette

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

FOR THE PERIOD: 1 April 2013 to 30 June 2013

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

Applications Received under section 18 of the Act

  • An application (SD2013/2462) was received on 8 April 2013 from the Esperance Port Authority, PO Box 35, Esperance, Western Australia, 6450, for a permit to dump dredged material derived from maintenance dredging at the Port of Esperance.
  • An application (SD2013/2503) was received on 6 May 2013 from Leighton Contractors Pty Limited, ABN: 98 000 893 667, PO Box 80, Wattleup, Western Australia, 6166, for a permit to dump  treated sewage and waste water offshore of Barrow Island (short-term), Western Australia.
  • An application (SD2013/2522) was received on 6 May 2013 from Leighton Contractors Pty Limited, ABN: 98 000 893 667, of PO Box 80, Wattleup, Western Australia, 6166, for a permit to dump  treated sewage and waste water offshore of Barrow Island (long-term), Western Australia.

Permits Granted under sections 19 & 21 of the Act

  • A permit (SD2012/2302) was granted on 18 April 2013 to Port Waratah Coal Service Limited, PO Box 57, Carrington, Newcastle, NSW, 2294, to load for the purposes of dumping, and to dump up to 652,000 cubic metres of material derived from capital dredging of the swing basin located within the south arm of the Hunter River at the Port of Newcastle, New South Wales. The Minister/delegate did not require the permit to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
  • A permit (SD2013/2402) was granted on 26 April 2013 to Port Hedland Port Authority, PO Box 2,
    Port Hedland, WA, 6721, to load for the purposes of dumping, and to dump up to 3 million cubic metres of material derived from maintenance dredging of the shipping berth, inner harbour turning basin, tug harbour and approach channel in the Port of Port Hedland, Western Australia. The Minister/delegate did not require the permit to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
  • A permit (SD2010/1762) was granted on 14 May 2013 to RTA Weipa Pty Ltd, 123 Albert Street, Brisbane QLD, 4000, to load for the purposes of dumping, and to dump up to 2,711,000 cubic metres of material derived from the capital dredging to construct new port facilities at the South of Embley Port, Queensland. Advice in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was provided via an assessment (EPBC2010/5642) completed under the EPBC Act.
  • A permit (SD2009/1322) was granted on 15 May 2013 to API Management Pty Ltd, Level 2, Aquila Centre, Como, WA, 6152 to load for the purposes of dumping, and to dump up to 34,000,000 cubic metres of material derived from the capital dredging of berth pockets, swing basins and a shipping channel for the Anketell Point Port development, Anketell Point, Western Australia. Advice in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was provided via an assessment (EPBC 2009/5120) completed under the EPBC Act.

Applications for Permit Variations under sections 21 & 23 of the Act

  • An application for a variation to a permit (SD2011/2062) was received on 3 April 2013 from PTTEP Australasia (Ashmore Cartier) Pty Ltd, Level 1, 162 Colin Street, West Perth, WA, 6005, to vary conditions specifying the placement location of the Riser Turret Mooring and for Mid Water Buoys derived from operations at the Jabiru oilfield (variation number 1).
  • An application for a variation to a permit (SD2009/1382) was received on 24 April 2013 from North Queensland Bulk Ports Corporation Limited, GPO Box 409, Brisbane, QLD, 4001, to extend the shipping channel dredge footprint for maintenance dredged material at Port of Weipa (variation number 1).
  • An application for a variation to a permit (SD2007/0602) was received on 27 May 2013 from the Port of Townsville Limited, PO Box 1031, Townsville, Queensland, 4810, to extend the permit expiry date from 1 June 2013 until 1 June 2014 (variation number 4).

Permit Variations Granted under sections 21 & 23 of the Act

  • A variation (variation number 4) to permit (SD2007/0602) was granted on 31 May 2013 to the Port of Townsville Limited, PO Box 1031, Townsville, Queensland 4810, extending the permit until 1 June 2014.
  • A variation (variation number 1) to permit (SD2009/1382) was granted on 14 June 2013 to North Queensland Bulk Ports Corporation Limited, GPO Box 409, Brisbane, QLD, 4001, to extend the shipping channel dredge footprint for maintenance dredged material at Port of Weipa.

The Minister/delegate did not require the variation to permits 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 the Act may be obtained, upon request, from the Director, Queensland Assessments and Sea Dumping Section, Department of the Environment and Energy, GPO Box 787, CANBERRA, ACT 2601. 

 

 

 

Charmayne Murray

Director

Queensland Assessments and Sea Dumping Section

22 November 2016

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the environmental impacts of sea dumping, which refers to the disposal of waste materials into marine environments. The Act establishes a regulatory framework for permitting and controlling sea dumping activities to protect the marine ecosystem and human health. The policy objective is to ensure that sea dumping is carried out in a manner that minimises adverse environmental effects. Pursuant to the Act, the Minister for the Environment has the authority to grant, vary, or refuse permits for sea dumping activities, subject to certain conditions and assessments under other relevant legislation, such as the Environment Protection and Biodiversity Conservation Act 1999. This legislative framework ensures that any potential environmental harm from sea dumping is carefully evaluated and managed.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity planning to engage in sea dumping activities within Australian waters, including Commonwealth, state, and territory waters. The Act regulates the disposal of matter into the sea from vessels or other means, with specific focus on dredged material, treated sewage, and other waste products. The Act mandates that applications for sea dumping permits must be lodged with the relevant authorities, and these permits must comply with specified conditions to mitigate environmental impacts. The Act's jurisdiction covers all Australian waters, extending to the territorial sea and the exclusive economic zone of Australia, as well as areas beyond national jurisdiction where activities originate from Australia. Certain exclusions apply, such as activities related to the exploration and exploitation of the sea bed and its subsoil, and activities conducted by Australian vessels outside Australian waters, subject to international agreements. The Act may be further extended or restricted through subordinate instruments, which allow for the specification of additional categories of dumped matter or conditions for dumping permits.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) provides a framework for the regulation of sea dumping activities in Australian waters, aiming to protect the marine environment. Section 18 of the Act mandates that any person or entity seeking to dump dredged or other material at sea must first submit an application for a permit to the Minister or their delegate. Section 19 allows the Minister or delegate to grant a permit if the application is complete and meets the requirements of the Act and associated regulations. Section 21 allows the Minister or delegate to impose conditions on a permit, while section 23 permits the Minister or delegate to vary the conditions of a permit. Section 25 requires the publication of certain information in the Gazette regarding applications, permits, and variations. The Act imposes several obligations on applicants and permit holders. For instance, under section 18, applicants must submit a comprehensive application detailing the proposed dumping activities, including the type and quantity of material to be dumped, the location, and the proposed method of disposal. Permit holders, under section 19, must adhere to the conditions specified in their permit and report any deviations to the Minister or delegate. Furthermore, under section 23, permit holders must notify the Minister or delegate of any proposed variations to the conditions of their permit and await approval before proceeding. Breach of the provisions of the Act can result in significant civil and criminal penalties. Under section 29, a person who contravenes a condition of a permit may be subject to a fine of up to $22,200 per day for individuals and $111,000 per day for corporations. Additionally, under section 30, a person who intentionally or recklessly causes or permits the dumping of material at sea in contravention of the Act may face imprisonment for up to five years or a fine of up to $330,000, or both, for individuals, and up to $1.65 million for corporations. These penalties underscore the seriousness with which the Act treats non-compliance and the importance of adhering to its provisions.

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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.