Environment Protection (Sea Dumping) Act 1981 - Matters to be Published in the Gazette - 1 January 2020 to 31 March 2020

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to address the environmental risks posed by the disposal of waste and other matter into the sea, aiming to prevent, reduce, and control pollution of the marine environment. This legislation was introduced to fill a gap in environmental regulation, particularly concerning the dumping of materials offshore which could have detrimental effects on marine ecosystems. The Act provides a framework for the regulation of sea dumping activities, including the issuance of permits and the establishment of conditions to mitigate environmental impacts. The policy objective of the Act is to protect the marine environment from the adverse effects of sea dumping while balancing the needs of industry and other stakeholders. The Act is administered by the Australian Government, with the Minister for the Environment playing a key role in its enforcement. The notice published in the Gazette provides transparency and public accountability by detailing applications received and decisions made regarding sea dumping permits and variations. This ensures that stakeholders are informed about ongoing and proposed sea dumping activities and can engage in the regulatory process. The Gazette notice for the period 1 January 2020 to 31 March 2020 includes details of applications for new permits and variations, as well as decisions made by the Minister or a delegate.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity seeking to carry out sea dumping activities within Australian waters, which includes territorial seas and the Exclusive Economic Zone. The Act regulates the dumping of waste and other matter into the sea from ships, aircraft, platforms, and other artificial structures at sea. The Act applies to the Commonwealth, state, and territory waters of Australia, but its specific application is overseen by the Commonwealth through the Department of Agriculture, Water and the Environment. The Act does not apply to activities authorised under other Commonwealth, state, or territory laws, nor does it apply to certain activities such as those related to the exploration and exploitation of the continental shelf, or the installation and maintenance of underwater pipelines and cables. The Act also includes provisions for applications and permits, as evidenced by the applications and variations notified in the gazette. These applications are made by entities such as Busselton Jetty Incorporated and the Department of Planning, Industry and Environment, and are subject to the approval of the Minister or a delegate. The Act includes provisions for the assessment of applications, including the potential referral to other authorities for further assessment, but in the cases noted, no such referral was required. The Act's application can be extended or restricted through subordinate instruments, which may include regulations or guidelines issued by the Minister.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) is a piece of legislation aimed at protecting the marine environment from the harmful effects of sea dumping. Under section 18, the Act governs the process for applications for sea dumping permits, such as the application (SD2020/3987) received from Busselton Jetty Incorporated for the placement of the SS Pericles Replica and 12 Sculptural modules offshore at Busselton Jetty, Western Australia. Similarly, under section 18, the Act also governs the application (SD2020/3989) received from the Department of Planning, Industry and Environment for the placement of an artificial reef offshore of Tweed Heads, New South Wales. Section 23 of the Act governs the process for variations to permits, such as the application (SD2016/3242) received from Robe River Mining Co. Pty. Ltd for an extension to the expiry date of an existing permit. Section 21 of the Act governs the granting of permit variations, such as the variation (No.2) granted to Robe River Mining Co. Pty. Ltd on 26 February 2020 to extend the expiry date of the permit by 10 months. The Act imposes various obligations and requirements on the parties or entities it governs. For example, section 18 requires applicants to submit a detailed application for a sea dumping permit, including information about the material to be dumped, the proposed location, and the potential environmental impacts. Similarly, section 23 requires applicants to submit a detailed application for a variation to an existing permit, including information about the proposed changes and the potential environmental impacts. Section 21 requires the Minister/delegate to assess the application for a permit variation and make a decision in accordance with the Act. The Act also provides for offences, penalties, and civil/criminal consequences for breach. Section 20 of the Act provides that any person who contravenes a permit or a condition of a permit is guilty of an offence and liable to a fine of up to $1,000,000 or imprisonment for up to 5 years, or both. Section 21A of the Act provides that any person who intentionally or recklessly contravenes a condition of a permit is guilty of an offence and liable to a fine of up to $500,000 or imprisonment for up to 2 years, or both. Section 22 of the Act provides for civil penalties for breach of the Act or a condition of a permit, including fines of up to $1,110 per day for each day of the contravention. Section 23A of the Act provides that any person who intentionally or recklessly causes damage to the marine environment is guilty of an offence and liable to a fine of up to $1,110,000 or imprisonment for up to 7 years, or both. It is important for parties or entities governed by the Act to comply with its requirements to avoid any potential penalties or consequences.