ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 April 2014 to 30 June 2014
Pursuant to section 25 of the Environment Protection (Sea Dumping) Act 1981 (the Act), notice is given that:
Applications Received under S18 of the Act
- An application (SD2014/2682) was received on 12 May 2014 for a permit for a burial at sea to be conducted by Sapphire Coast Funerals Pty Ltd, Munje Street, Pambula, New South Wales, offshore of Merimbula, New South Wales.
- An application (SD2014/2722) was received on 4 June 2014 from Southern Ports Authority, ACN: 044 341 250, 85 Brunswick Road, Albany, Western Australia, 6330, for a permit to load for the purposes of dumping, and to dump up to 12 million cubmic metres of dredged material derived from capital dredging at the Port of Albany, Western Australia.
Permits Granted under S19 & S21 of the Act
- A permit (SD2014/2682) was granted on 14 May 2014 to Sapphire Coast Funerals Pty Ltd of Munje Street, Pambula, New South Wales, for a burial at sea, offshore of Merimbula, New South Wales. 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).
Application variation applications under S23 of the Act
- An application for a variation to a permit (SD2013/2503) was received on 8 April 2014 from Leighton Contractors Pty Limited, ABN: 98 000 893 667, to extend the permit until 31 July 2014 (variation number 2).
- An application for a variation to a permit (SD2013/2503) was received on 13 May 2014 from Leighton Contractors Pty Limited, ABN: 98 000 893 667, to increase limits of effluent parameters and to extend the permit until 31 May 2015 (variation number 3).
- An application for a variation to a permit (SD2012/2362) was received 12 June 2014 from the Gladstone Ports Corporation Limited, ACN: 005 139 873, to vary condition 11 (water quality monitoring requirements) (variation number 1).
- An application for a variation to a permit (SD2010/1722) was received on 24 June 2014 from the Port Hedland Port Authority, ABN: 94 987 448 870, to amend the trading name to the Pilbara Port Authority ABN: 94 987 448 870 (variation number 2).
- An application for a variation to a permit (SD2013/2402) was received on 24 June 2014 from Port Hedland Port Authority ABN: 94 987 448 870, to amend the trading name to the Pilbara Ports Authority ABN: 94 987 448 870 (variation number 1).
Permit Variations Granted under S21 & S23 of the Act
- A variation (variation number 2) to a permit (SD2013/2503) was granted on 30 April 2014 to Leighton Contractors Pty Limited, ABN: 98 000 893 667, to extend the permit until 30 July 2014.
- A variation (variation number 1) to a permit (SD2011/2062) was granted on 14 May 2014 to PTTEP Australasia (Ashmore Cartier) Pty Ltd, ACN: 004 210 164, to vary conditions specifying the placement location of the Riser Turret Mooring and four Mid Water Buoys.
- A variation (variation number 3) to a permit (SD2013/2503) was granted on 19 June 2014 to Leighton Contractors Pty Limited, ABN: 98 000 893 667, to vary the limits of effluent parameters and to extend the permit until 31 May 2015.
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 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 Commonwealth Parliament to address the need for stringent controls on the disposal of waste materials at sea, in order to protect Australia's marine environment from pollution and degradation. This legislation provides a regulatory framework for the granting of permits for sea dumping activities, ensuring that any such activities are conducted in a manner that minimises harm to the environment. The Act empowers the Minister to grant, refuse, or revoke permits for sea dumping, and to impose conditions on these permits to safeguard against potential environmental impacts. The policy objective of the Act is to protect and conserve the marine environment by preventing or minimising pollution from sea dumping activities. As part of the regulatory process, the Act mandates the publication of details of applications and decisions regarding sea dumping permits in the Gazette, thereby promoting transparency and public participation in the environmental decision-making process.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to entities and persons involved in activities that result in the disposal of matter into the sea from vessels or aircraft, or in activities that result in the placement of matter in the sea for any purpose. The Act regulates the sea dumping of matter by requiring permits for such activities, and it applies to the Commonwealth, state, and territory waters of Australia, including the territorial sea and the Exclusive Economic Zone. The Act provides for the grant of permits for sea dumping activities, with the ability to impose conditions on these permits to mitigate environmental harm. The Act does not apply to certain excluded activities, such as those undertaken for the purpose of scientific research under a permit issued under another Act. The Act's application may be extended or restricted through subordinate instruments, such as regulations, which can specify additional requirements for permits or define the types of matter that may be sea dumped.
The Act includes provisions for the assessment of permit applications, including the potential referral to other authorities, such as the Environment Protection and Biodiversity Conservation Act 1999, for further assessment where necessary. The Act also allows for the variation of existing permits and the revocation of permits where conditions are not met or where an activity causes, or is likely to cause, harm to the marine environment. The Act's regulatory framework is designed to ensure that sea dumping activities are conducted in a manner that minimises harm to the marine environment, while also allowing for the responsible and sustainable use of marine resources.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (the Act) governs the procedures and requirements for sea dumping activities in Australia. Section 18 of the Act outlines the process for applying for a permit for sea dumping, specifying the necessary details and documentation to be included in the application. Section 19 permits the Minister or a delegate to grant these permits, while section 21 allows for variations to these permits, enabling modifications to the conditions and terms of existing permits. Section 23 details the application process for permit variations, ensuring that any changes to a permit are formally requested and reviewed.
Under the Act, entities such as Sapphire Coast Funerals Pty Ltd and Southern Ports Authority are required to submit detailed applications for permits to engage in sea dumping activities, including burials at sea and the disposal of dredged materials. These applications must include comprehensive information about the proposed dumping activities, the materials to be dumped, and the environmental impact assessments. The Minister or delegate then reviews these applications, considering the environmental implications and ensuring compliance with the Act’s provisions. Additionally, any variations to existing permits must also be formally applied for and approved, adhering to the same rigorous assessment standards.
Failure to comply with the requirements of the Environment Protection (Sea Dumping) Act 1981 can lead to significant legal consequences. The Act does not explicitly state penalties for breaches, but the severity of non-compliance can result in the revocation of permits and potential legal action under other environmental protection laws. Additionally, if dumping activities cause significant environmental harm, the responsible parties may face civil liability for damages, as well as criminal charges under other relevant legislation. The consequences underscore the importance of adhering to the Act's provisions to avoid serious legal repercussions.