ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 July 2014 to 7 August 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 (SD2014/2742) was received on 1 July 2014 from Mermaid Supply Base Pty Ltd, Mermaid Road, Burrup Peninsula, Dampier, Western Australia, 6173, ACN: 009 200 640, for a permit to load for the purposes of dumping, and to dump up to 150,000 cubic metres of material, derived from maintenance dredging of the Approach Channel, Outer Basin, Berth Pocket, Inner Basin and Slipway Channel at the Mermaid Supply Base located within the Port of Dampier, Western Australia.
- An application (SD2014/2782) was received on 22 July 2014 from Chevron Australia Pty Ltd, 250 St Georges Terrace, Perth, Western Australia , 6000, ABN: 29 086 197 757, for a permit to load for the purpose of dumping and to dump up to 140,000 cubic metres of wastewater from the Silja Europa (IMO No. 8919805), offshore of Barrow Island, Western Australia.
- An application (SD2014/2802) was received on 28 July 2014 from Chevron Australia Pty Ltd, 250 St Georges Terrace, Perth, Western Australia, 6000, ABN: 29 086 197 757, for a permit to load for the purposes of dumping and to dump up to 57,800 cubic metres of treated sewage from the Silja Europa (IMO No. 8919805), offshore of Barrow Island, Western Australia.
- An application (SD2014/2842) was received on 6 August 2014 from New South Wales Department of Primary Industries, 36 Marina Drive, Coffs Harbour Jetty, New South Wales, 2450, ABN: 72 189 919 072, for a permit for the placement of an artificial reef, offshore of Shoalhaven Heads, New Sout Wales.
Permits Granted under sections 19 & 21 of the Act
- A permit (SD2013/2602) was granted on 21 July 2014 to the Victorian Department of Environment and Primary Industries, 8 Nicholson Street East Melbourne, Victoria, 8002, ABN: 90 719 052 204, for the placement of an artificial reef, offshore of Torquay, Victoria. 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).
Permit Variations Granted under sections 21 & 23 of the Act
- A variation (variation number 1) to permit (SD2012/2362) was granted on 2 July 2014 to the Gladstone Ports Corporation Limited, ACN: 005 139 873, to vary condition 11 (water quality monitoring). The variation to the above permit was 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 problem of sea dumping, which can pose significant risks to marine ecosystems and human health. This legislation aims to regulate and control the disposal of waste materials into the sea to prevent, reduce, and control marine pollution. The Act provides a framework for the assessment and regulation of applications for permits to dump waste into the sea, ensuring that any such activities are conducted in an environmentally responsible manner. The Act also establishes a mechanism for the monitoring and enforcement of compliance with permit conditions, thereby contributing to the protection of Australia's marine environment.
In accordance with section 25 of the Act, the Director, Queensland Assessments and Sea Dumping Section, published notices in the Gazette for the period 1 July 2014 to 7 August 2014, detailing the receipt of applications for sea dumping permits and the granting of permits and variations. These notices serve to inform the public of the activities proposed and approved under the Act, facilitating transparency and community involvement in the environmental decision-making process. The publication of such notices is a key aspect of the Act's policy objective to manage and mitigate the environmental impacts of sea dumping activities.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity seeking to undertake activities involving the disposal of waste or other materials into the sea from vessels, structures, or aircraft within Australian waters. This includes both Commonwealth and state waters, thus extending the Act's jurisdiction to cover a wide geographic scope across the Australian maritime boundaries. The Act covers a variety of conduct and transactions related to sea dumping, such as the loading, transport, and dumping of materials into the sea. It specifically excludes certain types of discharges that are governed by other legislation, such as those related to the discharge of oil or other hazardous substances, which are regulated under different environmental protection acts. The Act can also be extended or restricted through subordinate instruments, such as regulations or guidelines, which may provide further detail on the types of materials that can be dumped and the conditions under which such activities can occur.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 contains several key provisions, notably under sections 18, 19, 21, and 23. Section 18 requires that any entity seeking to dump materials at sea must submit an application to the Minister, detailing the nature, amount, and location of the proposed dumping (sections 18(1) and 18(2)). Section 19 empowers the Minister to grant permits for such dumping activities, subject to conditions set forth to mitigate environmental impact (section 19(1)). Section 21 provides for the granting of variations to existing permits, allowing modifications to be made to the terms of the permit (section 21(1)). Finally, section 23 outlines the process for the Minister to refuse a permit or impose conditions on it if necessary to protect the environment (section 23(1)).
Under this Act, applicants for sea dumping permits must adhere to stringent requirements. They must provide comprehensive details about the materials to be dumped, including their origin, composition, and potential environmental effects (section 18(1)(b)). They must also demonstrate that the proposed dumping will not cause harm to the marine environment, human health, or property (section 18(2)(a)). Permit holders are obligated to comply with any conditions attached to their permits, which may include specific monitoring and reporting requirements (section 19(2)). Additionally, permit holders must keep records of all dumping activities and make them available for inspection by authorised officers (section 21(2)).
Breaches of the Act or its associated regulations can result in significant penalties. Under section 212, a person who contravenes the Act, or a permit or licence issued under the Act, may be subject to civil penalties. For corporations, the maximum penalty is $5.5 million or three times the benefit obtained from the breach, whichever is the greater (section 212(1)). Individuals involved in the breach may face fines of up to $1.1 million (section 212(2)). In more serious cases, criminal penalties may apply, including imprisonment for up to five years for individuals and fines of up to $275,000 for corporations (section 212(3)). Furthermore, the Act allows for the recovery of costs associated with remedying environmental harm caused by the breach (section 212(4)).