Environment Protection (Sea Dumping) Act 1981 - Matters to be published in the Gazette (1 January 2015 to 30 June 2015)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01606 In force Gazette

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

FOR THE PERIOD: 01 January 2015 to 30 June 2015

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

Permit applications received under section 18 of the Act

  • An application (SD2015/2962) was received on 8 January 2015 for a permit for a burial at sea, to be conducted by Sapphire Coast Funerals Pty Ltd, 6 Munje Street, Pambula, New South Wales, 2549, offshore of Merimbula, New South Wales.
  • An application (SD2015/2982) was received on 5 May 2015 from the Port of Townsville Limited,
    ACN: 130 077 673, Benwell Road, Townsville, Queensland, to load for the purposes of dumping, and to dump up to 700,000 cubic metres of material, derived from maintenance dredging of the access channels, inner harbour, outer harbour and Ross River within the Port of Townsville, Queensland.
  • An application (SD2015/3002) was received on 18 May 2015 from the Gladstone Ports Corporation Limited, ACN: 131 965 896, 40 Goondoon Road, Gladstone, Queensland, 4680, to load for the purposes of dumping, and to dump up to 700,000 cubic metres of material, derived from maintenance dredging within the Port of Gladstone, Queensland.

Permits Granted under sections 19 and 21 of the Act

  • A permit (SD2015/2962) was granted on 15 January 2015 to Sapphire Coast Funerals Pty Ltd,
    ABN: 37 792 161 248, 6 Munje Street, Pambula, New South Wales, 2549, for a burial at sea, offshore of Merimbula, 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 (SD2014/2722) was granted on 19 January 2015 to the Southern Ports Authority,
    ACN: 044 341 250, 85 Brunswick Road, Albany, Western Australia,  6330, to load for the purposes of dumping, and to dump up to 12 million cubic metres of dredged material derived from capital dredging at the Port of Albany, Western Australia. Advice in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was provided via an assessment (EPBC2006/2540) completed under the EPBC Act.
  • A permit (SD2014/2622) was granted on 15 April 2015 to the Tasmanian Ports Corporation Pty Ltd, 48 Formby Road, Devonport, Tasmania 7310, ABN: 82 114 161 938, to load for the purposes of dumping, and to dump up to 380,000 cubic metres of dredged material, derived from maintenance dredging of the port entrance and inner harbour located within the Port of Devonport, Tasmania. 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).

 

Permit variation applications received under section 23 of the Act

  • An application for a variation to a permit (SD2011/2122) was received on 11 March 2015 from BHP Billiton Iron Ore Pty Ltd, ABN: 49 004 028 077,180 Lonsdale Street, Melbourne, Victoria, 3000, to vary the expiry date of the permit to 30 September 2016 (variation number 1). 
  • An application for a variation to a permit (SD2013/2402) was received on 4 May 2015 from the Pilbara Ports Authority, ABN: 94 987 448 870, Level 3/16 Parliament Place, West Perth, Western Australia, 6005, to extend the disposal site boundary at Port Hedland, Western Australia (variation number 2).
  • An application for a variation to a permit (SD2014/2882) was received on 14 May 2015 from Chevron Australia Pty Ltd, ABN: 29 086 197 757, L24, QV1, 250 St. Georges Terrace, Perth, Western Australia, 6000, to extend the permit expiry date to 31 December 2015 (variation number 1).
  • An application for a variation to a permit (SD2010/1762) was received on 17 June 2015 from RTA Weipa Pty Ltd, ACN: 137 266 285, 123 Albert Street, Brisbane, Queensland, 4000, to extend the permit expiry date to 14 May 2017 (variation number 1).

Permit variations granted under sections 21 and 23 of the Act

  • A variation (variation number 2) to permit (SD2011/2142) was granted on 29 January 2015 to the Pilbara Ports Authority, ABN: 94 987 448 870, Level 3/16 Parliament Place, West Perth, Western Australia, 6005, to vary the expiry date of the permit to 4 April 2016, and condition 4 (timing restrictions).
  • A variation (variation number 1) to permit (SD2011/2122) was granted on 23 March 2015 to BHP Billiton Iron Ore Pty Ltd, ABN: 49 004 028 077, 180 Lonsdale Street, Melbourne, Victoria, 3000, to extend the expiry date until 30 September 2016.
  • A variation (variation number 1) to permit (SD2014/2882) was granted on 28 May 2015 to Chevron Australia Pty Ltd, ABN: 29 086 197 757, L24, QV1, 250 St. Georges Terrace, Perth, Western Australia, 6000, to vary the expiry date of the permit to 31 December 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.

Revocation of permit under section 20 of the Act

  • A permit (SD2006/0035) was revoked on 19 January 2015. The permit was revoked at the request of the permit holder to facilitate a new application (SD2014/2722) 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 Australian Parliament to address the need for regulating the disposal of waste materials into the sea, aiming to protect the marine environment from harmful effects of sea dumping. This Act provides a framework for the assessment and control of activities that involve the dumping of waste at sea, including the issuance of permits and the establishment of conditions to ensure environmentally sound practices. The policy objective is to prevent, reduce, and control sea pollution by ensuring that any sea dumping of waste materials does not adversely affect the marine environment and human health. The Act requires that certain information concerning permit applications and granted permits be published in the Gazette, promoting transparency and public awareness of activities that involve the dumping of waste at sea. The Gazette publication under the Act for the period from 1 January 2015 to 30 June 2015 includes notices of permit applications and grants, variations, and revocations. For instance, it highlights applications for burial at sea and dredging material dumping, as well as the granting of permits for these activities by various entities across Australia. The publication also details permit variations and revocations, further illustrating the regulatory process and ongoing oversight of sea dumping activities. This ensures compliance with the legislative requirements and maintains public accountability regarding the environmental impact of such activities.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity engaging in activities that involve the dumping of matter at sea within Australian jurisdiction. This encompasses individuals, companies, and other legal entities that seek to dispose of various materials, including waste and dredged sediments, into the marine environment. The Act's jurisdiction extends to the Commonwealth waters of Australia, providing a framework for the regulation and control of sea dumping activities across the nation. The Act sets out the processes for permit applications, grants, and variations, as well as the revocation of permits, ensuring that all activities are subject to environmental assessments and regulatory oversight. Exclusions and exemptions within the Act are minimal, and its provisions are enforced through subordinate instruments that provide detailed operational guidelines and standards. The Act aims to protect marine environments from harmful effects of sea dumping, thereby ensuring sustainable management of marine resources.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) governs the disposal of waste at sea in Australian waters, with key provisions outlined in sections 18, 19, 20, 21, and 23. Section 18 mandates that any person seeking to dispose of waste at sea must first apply for a permit, detailing the nature, quantity, and location of the waste to be dumped. Section 19 allows the Minister or a delegate to grant a permit if satisfied that the dumping will not harm the marine environment. Section 20 provides for the revocation of a permit under certain conditions, such as a request from the permit holder or if the conditions of the permit are not met. Section 21 addresses the variations to existing permits, enabling the Minister or a delegate to amend the terms and conditions of a permit if it is in the public interest to do so. Finally, Section 23 pertains to applications for variations to permits, allowing for changes to be made to the approved dumping activities. The Act imposes several obligations on permit applicants and holders. Permit applicants must submit a detailed application under Section 18, including information on the type and amount of waste to be dumped and the proposed location. The Minister or a delegate must assess these applications and may require further information or an environmental impact assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (Section 160). Once a permit is granted under Section 19, permit holders must adhere to the conditions specified in the permit, which may include restrictions on the timing, location, and method of dumping. Permit holders are also required to monitor and report on the environmental impact of their dumping activities, as stipulated in the permit conditions. Furthermore, permit holders must comply with any variations to their permits issued under Section 21. Breaches of the Act can result in various consequences, including civil and criminal penalties. Under Section 27, any person who dumps waste at sea without a permit, or who contravenes the conditions of a permit, commits an offence and may be liable to a fine. The maximum penalty for an individual offender is generally prescribed in the Act or may be determined by the courts, potentially reaching up to AUD 5.5 million for corporations. Additionally, the Minister may take enforcement actions, such as imposing stricter conditions on a permit, suspending or revoking a permit, or seeking court orders to prevent further non-compliance. These measures are intended to ensure compliance with the Act and protect the marine environment from harmful waste disposal practices.

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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.