Environment Protection (Sea Dumping) Act 1981 - Matters to be published in the Gazette (1 July 2015 to 31 December 2015)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01605 In force Gazette

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

FOR THE PERIOD: 01 July 2015 to 31 December 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 (SD2015/3022) was received on 31 July 2015 from the New South Wales Department of Primary Industries, ABN: 72 189 919 072, 36 Marina Drive, Coffs Harbour Jetty, New South Wales, 2450, for a permit for the placement of an artificial reef, offshore of Port Macquarie, New South Wales. On 26 October 2015, the applicant withdrew the application.
  • An application (SD2015/3062) was received on 7 September 2015 from Recfishwest,
    ABN: 77 922 817 608, 2/45 Northside Drive, Hillarys, Western Australia, 6025, for a permit for the placement of an artificial reef, deployed offshore of Mandurah, Western Australia. On 9 November 2015, the applicant withdrew the application.
  • An application (SD2015/3042) was received on 14 September 2015 from SINOPEC Oil and Gas Australia (Puffin) Pty Ltd, ABN: 96 130 568 562, Level 22, 77 St Georges Tce, Perth, Western Australia, 6000, for a permit for the abandonment at sea of subsea manifold foundation structure associated with decommissioning activities in the Puffin field. On 14 March 2016, the applicant withdrew the application.
  • An application (SD2015/3043) was received on 14 September 2015 from SINOPEC Oil and Gas Australia (Puffin) Pty Ltd, ABN: 96 130 568 562, Level 22, 77 St Georges Tce, Perth, Western Australia, 6000, for a permit for the abandonment at sea of anchors, chains and wires associated with decommissioning activities in the Puffin field. On 14 March 2016, the applicant withdrew the application.
  • An application (SD2015/3044) was received on 14 September 2015 from SINOPEC Oil and Gas Australia (Puffin) Pty Ltd, ABN: 96 130 568 562, Level 22, 77 St Georges Tce, Perth, Western Australia, 6000, for a permit for the abandonment at sea of concrete mattresses associated with decommissioning activities in the Puffin field. On 14 March 2016, the applicant withdrew the application.
  • An application (SD2015/3082) was received on 18 September 2015 from Recfishwest,
    ABN: 77 922 817 608, 2/45 Northside Drive, Hillarys, Western Australia, 6025, for a permit for the placement of an artificial reef, deployed offshore of Rottnest Island, Western Australia. On 11 November 2015, the applicant withdrew the application.
  • An application (SD2015/3102) was received on 9 October 2015 from the New South Wales Department of Industry, Skills and Regional Development, ABN: 72 189 919 072, Level 3/437 Hunter Street, Newcastle, New South Wales, 2300, for a permit to load for the purpose of dumping, and to dump up to 170,000 metres of material derived from capital dredging within the Port of Eden, New South Wales.
  • An application (SD2015/3122) was received on 22 October 2015 from Pilbara Iron Pty Ltd, ACN: 107 216 535, Level 24 Central Park, 152-158 St Georges Terrace, Perth, Western Australia 6000, for a permit to load for the purpose of dumping, and to dump up to 650,000 cubic metres of material derived from maintenance dredging within the Port of Dampier, Western Australia.
  • An application (SD2015/3142) was received on 26 October 2015 from the New South Wales Department of Industry, Skills and Regional Development, ABN: 72 189 919 072, 36 Marina Drive,
    Coffs Harbour Jetty, New South Wales, 2450, for a permit for the placement of an artificial reef, offshore of Port Macquarie, New South Wales.
  • An application (SD2015/3162) was received on 9 November 2015 from Recfishwest,
    ABN: 77 922 817 608, 2/45 Northside Drive, Hillarys, Western Australia, 6025, for a permit for the placement of an artificial reef, offshore of Mandurah, Western Australia.
  • An application (SD2015/3182) was received on 16 November 2015 from Recfishwest,
    ABN: 77 922 817 608, 2/45 Northside Drive, Hillarys, Western Australia, 6025, for a permit for the placement of an artificial reef, offshore of Rottnest Island, Western Australia.
  • An application (SD2015/3202) was received on 14 December 2015 from The Bethany Trust,
    ABN: 15 069 944 262, 1 Prior Street, Albany, Western Australia, 6330, for a permit for a burial at sea, offshore of Albany, Western Australia.
  • An application (SD2015/3222) was received on 16 December 2015 from the Onslow Salt Pty Ltd, ACN: 050 159 558, Level 16, Exchange Tower, 2 The Esplanade, Perth, Western Australia, 6000, for a permit to load for the purpose of dumping, and to dump material derived from maintenance dredging within the Port of Onslow, Western Australia.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2015/2982) was granted on 3 August 2015 to Port of Townsville Limited,
    ACN: 130 077 673, Benwell Road, Townsville, Queensland, 4810, 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.
  • A permit (SD2015/3002) was granted on 14 August 2015 to the Gladstone Ports Corporation Limited, ACN: 131 965 896, 40 Goondoon Street, 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.
  • A permit (SD2015/3142) was granted on 7 December 2015 to the Department of Industry, Skills and Regional Development, ABN:  72 189 919 072, 36 Marina Drive, Coffs Harbour Jetty, New South Wales, 2450, for the placement of an artificial reef, offshore of Port Macquarie, New South Wales.
  • A permit (SD2015/3202) was granted on 18 December 2015 to The Bethany Trust,
    ABN: 15 069 944 262, 1 Prior Street, Albany, Western Australia, 6330, for a burial at sea, offshore of Albany, Western Australia.

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).

Permit variation applications received under section 23 of the Act

  • An application for a variation (variation number 2) to a permit (SD2014/2882) was received on 23 November 2015, from Chevron Australia Pty Ltd, L24, QV1, 250 St. Georges Terrace, Perth, Western Australia, 6000, ABN: 29 086 197 757, to extend the permit expiry date to 30 June 2016 for loading/dumping treated sewage at Barrow Island, Western Australia.

Permit variations granted under sections 21 and 23 of the Act

  • A variation to a permit (SD2013/1762) was granted on 29 July 2015 to 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).
  • A variation to a permit (SD2013/2402) was granted on 28 September 2015 to the Pilbara Ports Authority, ABN: 94 987 448 870, Level 3/16 Parliament Place, West Perth, Western Australia 6005, extending the  boundary of the disposal site (variation number 2).
  • A variation to a permit (SD2014/2882) was granted on 22 December 2015 to 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 30 June 2016 (variation number 2).

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 (SD2014-2802) was revoked on 8 September 2015. It was granted to Chevron Australia Pty Ltd, ABN: 29 086 197 757, L24, QV1, 250 St. Georges Terrace, Perth, Western Australia, 6000, for dumping up to 57,800 cubic metres of treated sewage offshore from Barrow Island, Western Australia.
  • A permit (SD2014-2782) was revoked on 8 September 2015. It was granted to Chevron Australia Pty Ltd, ABN: 29 086 197 757, L24, QV1, 250 St. Georges Terrace, Perth, Western Australia, 6000, for dumping up to 140,000 cubic metres of waste water offshore from Barrow Island, Western Australia.

 

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 problem of uncontrolled or harmful dumping of waste materials into the marine environment. The Act establishes a regulatory framework for the management of sea dumping activities, ensuring that they are conducted in a manner that minimises potential harm to the marine ecosystem and public health. The primary policy objective of the Act is to protect the marine environment from the adverse effects of sea dumping, while allowing for the responsible disposal of certain materials that cannot be practicably disposed of in any other way. The Act provides for the issuance of permits for sea dumping activities, the assessment of permit applications, and the revocation or variation of permits where necessary to protect the marine environment. Through its provisions, the Act seeks to strike a balance between the need for economic activities that rely on the marine environment and the imperative to protect the health and integrity of marine ecosystems for present and future generations.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity proposing to carry out activities involving the dumping of waste materials into the sea within Australian territorial waters. This encompasses a wide range of entities, including government departments, corporations, and other organisations. The Act's jurisdiction extends across all Commonwealth waters, state waters, and the territorial sea of Australia, providing a comprehensive framework for the regulation of sea dumping activities. The Act includes provisions for the issuance of permits for specific activities, such as the placement of artificial reefs or the dumping of dredged materials, while also allowing for the revocation of permits if necessary. Subordinate instruments may further extend or restrict the application of the Act, ensuring that the legislation remains responsive to changing environmental and industrial circumstances. Certain exclusions and exemptions may apply, as determined by the Minister or delegate under the Act, thereby tailoring the regulatory approach to specific situations. The Act's provisions also ensure that activities regulated under it do not require additional assessment under other environmental protection legislation, such as the Environment Protection and Biodiversity Conservation Act 1999, unless specifically directed by the Minister or delegate.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) governs the regulation and control of sea dumping activities within Australian waters, ensuring that these activities are conducted in a manner that protects the marine environment. Under sections 18 and 19, the Act sets out the processes for applying for and granting permits for specific sea dumping activities. These sections require applicants to submit detailed proposals, including the type of material to be dumped, the proposed location, and the methodology to be employed. The Minister or delegate, after reviewing the application and ensuring it complies with the environmental standards, can grant a permit if satisfied that the proposed activity will not cause significant harm to the marine environment. Section 21 deals with the issuance of permits for activities such as the placement of artificial reefs or the abandonment of structures at sea. The Act also provides mechanisms for the variation of existing permits under section 23, allowing for adjustments to the scope or conditions of the permit where necessary, and for the revocation of permits under section 20 if it is determined that the permit conditions are not being met or that the activity poses an unacceptable environmental risk. The Act imposes several obligations on applicants and permit holders. Firstly, under section 18, applicants must submit comprehensive and detailed applications, including environmental impact assessments and proposed mitigation measures. Permit holders, under section 21, are required to adhere strictly to the conditions specified in their permits and to monitor the environmental impact of their activities. Additionally, both applicants and permit holders must comply with any further conditions or requirements set by the Minister or delegate to ensure the protection of the marine environment. Failure to comply with these obligations can result in enforcement actions and penalties. The Act includes provisions for offences and penalties to ensure compliance with its requirements. Under section 24, any person who contravenes a permit condition can be subject to enforcement actions. Such actions may include fines, the imposition of additional conditions, or the suspension or revocation of the permit. The maximum penalty for contravening a permit condition is generally outlined in the specific permit conditions, but can include substantial fines and imprisonment in severe cases. Additionally, under section 25, any person who causes, or is likely to cause, significant harm to the marine environment as a result of sea dumping activities can be subject to criminal prosecution, with penalties that may include fines of up to $1,100,000 for individuals and $5,500,000 for corporations, as well as imprisonment for up to five years. These provisions ensure that the Act's environmental protections are enforced effectively, and that those who fail to comply with its requirements face appropriate consequences.

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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.