ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 January 2014 to 31 March 2014
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 (SD2014/2622) was received on 13 January 2014 from the Tasmanian Ports Corporation Pty Ltd, 48 Formby Road, Devonport, Tasmania, 7310, ABN: 82 114 161 938, for a permit to load for the purposes of dumping, and to dump seabed material, derived from maintenance dredging of the port entrance and inner harbour at Port of Devonport, Tasmania.
- An application (SD2014/2642) was received on 19 February 2014 from Port of Newcastle Operations Pty Limited, 6 Newcomen Street, Newcastle, NSW, 2300, ACN: 165 332 990, for a permit to load for the purposes of dumping, and to dump up to 4,721,000 cubic metres of material derived from maintenance dredging at the Port of Newcastle, New South Wales.
- An application (SD2014/2662) was received on 25 February 2014 for a permit for a burial at sea, to be conducted by Tobin Brothers Funerals, 75 Canberra Avenue, Kingston, Australian Capital Territory, 2604, offshore of Merimbula, New South Wales.
- An application (SD2014/2663) was received on 26 February 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.
Permits Granted under sections 19 & 21 of the Act
- A permit (SD2013/2562) was granted on 9 January 2014 to Stolthaven Australia Pty Ltd, 401-435 Kororoit Creek Road, Altona, Victoria, 3018, ACN: 075 030 992, to load for the purposes of dumping, and to dump up to 180,000 cubic metres of material, derived from capital dredging of the Mayfield 7 berth in the south arm of the Hunter River, Newcastle, New South Wales.
- A permit (SD2014/2642) was granted on 27 February 2014 to Port of Newcastle Operations Pty Limited, 6 Newcomen Street, Newcastle, NSW, 2300, ACN: 165 332 990, to load for the purposes of dumping, and to dump up to 4,721,000 cubic metres of material derived from maintenance dredging at the Port of Newcastle, New South Wales.
- A permit (SD2014/2663) was granted on 4 March 2014 to Sapphire Coast Funerals Pty Ltd, Munje Street, Pambula, New South Wales, for a burial at sea, offshore of Merimbula, New South Wales.
- A permit (SD2014/2662) was granted on 6 March 2014 to Tobin Brothers Funerals, 75 Canberra Avenue, Kingston, Australian Capital Territory, 2604, for a burial at sea, offshore of Merimbula, New South Wales.
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 Variation Applications received under section 23 of the Act
- An application for a variation to a permit (SD2012/2302) was received on 29 January 2015 from Port Waratah Coal Services Limited, PO Box 57 Carrington, NSW, 2294, to extend the permit expiry date to 18 April 2017 (variation number 1).
Permit Variations Granted under sections 21 & 23 of the Act
- A variation (variation number 1) to a permit (SD2012/2302) was granted on 17 March 2014, to the Port Waratah Coal Services Limited, PO Box 57, Carrington, New South Wales, 2294, to correct administrative errors and to extend the expiry date of the permit until 18 April 2017. 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).
Revocation of Permit under section 20 of the Act
- A permit (SD2011/1942) was revoked on 27 February 2014 at the request of the permit holder (Newcastle Port Corporation) to facilitate a new application (SD2014/2642) by Port of Newcastle Port Operations Pty Ltd.
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 issue of marine pollution by regulating the disposal of waste materials into the sea. This Act provides a framework for the regulation of sea dumping, ensuring that it is conducted in a manner that minimises harm to the marine environment. The policy objective behind the Act is to protect and conserve the marine environment by preventing, reducing and controlling pollution from sea dumping activities. This is achieved through the issuance of permits and the imposition of conditions to manage the potential environmental impacts of sea dumping. The Act also provides for the revocation of permits and the enforcement of compliance with its provisions.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to the disposal of waste materials into the sea, and regulates activities involving sea dumping across Australia. The Act covers all entities and individuals intending to engage in sea dumping activities, including port authorities, dredging companies, and funeral service providers. The Act's jurisdictional reach is national, extending to all Commonwealth, state, and territory waters in Australia. The Act provides for the issuance of permits for sea dumping activities, and permits are subject to specific conditions to protect the marine environment. The Act also allows for the revocation of permits if the conditions are not met or if an application for a new permit is made. The Act excludes certain activities, such as the dumping of waste from ships in distress or the dumping of waste for scientific research purposes. The application and regulation of the Act can be extended or restricted through subordinate instruments, including regulations and guidelines. The Minister/delegate may also choose to refer certain permit applications to the Minister for the Environment for assessment under the Environment Protection and Biodiversity Conservation Act 1999.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (the Act) provides a framework for the regulation of sea dumping activities in Australia. The key operative sections of the Act include sections 18 and 19, which govern the application for and granting of sea dumping permits. Section 18 requires an applicant to submit an application to the Minister, who may then grant a permit under section 19 to carry out sea dumping activities. The Act also includes provisions for permit variations under section 23, and revocation of permits under section 20. These sections are central to the administration of the Act, as they set out the process for the regulation of sea dumping activities.
The Act imposes several obligations and requirements on the parties and entities it governs. For example, applicants for a sea dumping permit must provide the Minister with information about the proposed dumping activities, including details of the material to be dumped, the location of the dumping site, and the methods that will be used to carry out the dumping. The Minister must then assess the application and decide whether to grant a permit, taking into account relevant environmental and other considerations. Permit holders are also required to comply with any conditions that are attached to their permits, such as restrictions on the types of material that may be dumped, or requirements to monitor and report on the environmental impacts of the dumping activities.
Breach of the Act or of the conditions attached to a sea dumping permit may result in civil or criminal penalties. For example, section 36 of the Act makes it an offence to carry out sea dumping activities without a permit, or in a manner that is inconsistent with the terms of a permit. The maximum penalty for a conviction under this section is a fine of up to $1.1 million for an individual, or $5.5 million for a body corporate. Other sections of the Act also impose penalties for breaches of permit conditions, or for failure to comply with other requirements of the Act. These penalties may include fines, imprisonment, or both.
In summary, the Environment Protection (Sea Dumping) Act 1981 sets out a framework for the regulation of sea dumping activities in Australia. The Act requires applicants for sea dumping permits to provide information to the Minister, who may then grant a permit subject to conditions. Permit holders are required to comply with the terms of their permits, and breach of the Act or of permit conditions may result in civil or criminal penalties. The Act plays an important role in protecting the marine environment from the potential impacts of sea dumping activities.