ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 April 2020 to 30 June 2020
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 (SD2020/3991) was received on 20 April 2020 from Group AHM Pty Ltd, 6 Munje Street, Pambula, New South Wales, 2549 (ABN: 74 634 022 290), for a permit for a burial at sea located offshore of Pambula Beach, New South Wales.
- An application (SD2020/3992) was received on 20 April 2020 for Bhagwan Marine Pty Ltd, Level 3, 251 St Georges Terrace, Perth, Western Australia, 6000 (ABN: 81 009 154 349), for the towing to sea and scuttling for sea disposal of the entirety of a barge known as the ‘Bhagwan Titan’, in deep waters approximately 345 kilometres north northwest of Dampier, Western Australia.
- An application (SD2020/3990) was received 3 June 2020 for Innovative Reefs Pty Ltd, Unit 1, 12-14 Lloyd Street, Southport, Queensland, 4215 (ABN: 65 605 489 281), for the placement of an artificial reef offshore from the Gold Coast, Queensland.
- An application (SD2020/3993) was received on 30 June 2020 from Shark Bay Resources, Exchange Tower, 2 The Esplanade, Perth Western Australia, 6000 (ABN: 88 079 088 636), to load for the purpose of dumping, and to dump, up to 80,000 cubic metres of material sourced from within the 35.3 hectare entrance channel dredge area at Shark Bay, Western Australia.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2020/3991) was granted on 24 April 2020 to Group AHM Pty Ltd, 6 Munje Street, Pambula, New South Wales, 2549 (ABN: 74 634 022 290), for a permit for a burial at sea located offshore of Pambula Beach, New South Wales.
- A permit (SD2019/3985) was granted on 12 June 2020 to Transport for New South Wales, 20-44 Ennis Road, Milsons Point, Sydney, New South Wales, 2061 (ABN: 76 236 371 088), to load for the purposes of dumping, and to dump up to 700,000 cubic metres (in-situ) of excavated material, derived from excavated rock (tunnel spoil) generated from the construction of driven tunnels from the waterside construction sites at Yurulbin Point and Berrys Bay, New South Wales.
The Minister/delegate did not require the permits to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Applications received for variations under section 23 of the Act
- An application for a variation to a permit (SD2018/3782) was received on 23 April 2020 from Pilbara Ports Authority, PO Box 84, West Perth, Western Australia, 6872 (ABN: 94 987 448 870), to extend the permit expiry date (for 3 years) from 31 July 2020 until 31 July 2023.
- An application for a variation to a permit (SD2017/3542) was received on 23 April 2020 from Pilbara Ports Authority, PO Box 84, West Perth, Western Australia, 6872 (ABN: 94 987 448 870), to increase the permitted volume of dredged material proposed for disposal and for an extension to the permit expiry date (of 2 years) from 31 August 2020 until 31 August 2022.
Permit Variations granted under sections 21 and 23 of the Act
- A variation (No.1) to a permit (SD2018/3782) was granted on 9 June 2020 to Pilbara Ports Authority, PO Box 84, West Perth, Western Australia, 6872 (ABN: 94 987 448 870), to extend the permit expiry date (for 3 years) from 31 July 2020 until 31 July 2023.
The Minister/delegate did not require the variation to the 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 the Act may be obtained, upon request, from the Director, Sea Dumping Section, Department of Agriculture, Water and the Environment, GPO Box 858, CANBERRA, ACT 2601.
Jamie Machin
Acting Director
Sea Dumping Section
16 April 2021
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted to address the problem of marine pollution through the regulation of sea dumping activities in Australian waters. The Act was introduced to fill the legislative gap concerning the need for stringent controls on the disposal of waste materials into the sea, which can have detrimental effects on marine ecosystems and human health. The Act is administered by the Australian Government, with the primary policy objective being to protect the marine environment from harmful effects of sea dumping while allowing for environmentally responsible disposal practices. This was achieved through a permit system that mandates environmental assessments and conditions to mitigate potential impacts. The Parliament of Australia enacted this legislation to ensure that sea dumping activities are conducted in a manner that safeguards the marine environment and public health.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity engaged in activities involving the dumping of waste materials at sea within Australian waters, including Commonwealth, state, and territory waters. This Act is designed to regulate and control sea dumping to prevent and minimise adverse impacts on the marine environment. The Act applies to various types of entities such as companies, government bodies, and individuals who are planning to undertake dumping activities. The geographic scope of the Act extends across all Australian waters, ensuring comprehensive regulation of marine waste disposal activities. The Act includes specific exclusions such as activities related to the disposal of certain materials under other legislative frameworks, but these are limited and clearly defined within the Act. The Act also allows for the creation of subordinate instruments to further detail the application of the Act, thereby extending or restricting its application as necessary. These instruments may include regulations that specify conditions and requirements for permits, variations, and other actions taken under the Act.
Key Provisions
The main operative sections of the Environment Protection (Sea Dumping) Act 1981 (the Act) include section 18, which pertains to the application process for a permit for sea dumping, and section 19, which outlines the criteria for granting such permits. Section 21 is crucial for the variation of existing permits, and section 23 provides for the process of applying for these variations. Additionally, section 25 mandates the publication of certain information in the Gazette. The Act also includes sections 160 of the Environment Protection and Biodiversity Conservation Act 1999, which may apply to certain assessments required for permit applications and variations.
The Act imposes several obligations and requirements on the parties applying for or holding permits under the Act. These obligations include providing detailed information about the proposed sea dumping activities, such as the type of material to be dumped, the location, and the method of disposal (sections 18 and 23). Permit holders must also adhere to any conditions stipulated in their permits, which may include environmental monitoring and reporting requirements to ensure compliance with the Act (section 19). Furthermore, permit holders must notify the Minister or delegate of any significant changes to the proposed activities or the cessation of activities (section 21).
In terms of offences, penalties, and consequences for breach, the Act stipulates that any person who contravenes a condition of their permit commits an offence (section 24). The penalties for such offences may include fines and imprisonment, with the exact penalties varying depending on the nature and severity of the breach. For instance, under section 24(1), a person who knowingly contravenes a permit condition may be liable to a fine of up to $66,000 for an individual offence or up to $330,000 for a body corporate offence, as well as imprisonment for up to two years. Furthermore, any person who causes harm to the environment as a result of non-compliance with the Act may face additional civil or criminal liabilities, including compensation for environmental damage and enforcement actions by regulatory authorities.