ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 July 2017 to 30 September 2017
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 (SD2017/3622) was received on 14 July 2017 from Eni Australia Limited, ABN: 40 009 475 389, for a permit to abandon 2 wellheads, 151 kilometres east of Ashmore Reef in the Timor Sea.
- An application (SD2017/3642) was received on 22 September 2017 from the Department of Defence, ABN: 68 706 814 312, for a permit to load for the purposes of dumping, and to dump up to 24,550 cubic metres of dredged material, derived from capital dredging at the naval dockyard at Garden Island, Sydney, New South Wales.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2017/3502) was granted on 11 August 2017 to Department of Industry, Skills and Regional Development, ABN: 72 189 919 072, to load for the purposes of dumping, and to dump up to 30,000 cubic metres of seabed material, derived from maintenance dredging of the Yamba Boat Harbour, New South Wales.
- A permit (SD2016/3402) was granted on 18 August 2017 to Century Mining Limited, ACN: 006 670 300, to dump a man-made structure (cyclone mooring buoy) at sea in the Gulf of Carpentaria, Queensland.
- A permit (SD2017/3562) was granted on 6 September 2017 to the Cairns Regional Council, ABN: 24 310 025 910, to load for the purposes of dumping, and to dump up to 75 000 cubic metres of dredged material, derived from maintenance dredging of the entrance channels to the Half Moon Bay Marina, Cairns, Queensland.
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).
- A permit (SD2017/3542) was granted on 18 August 2017 to the Pilbara Ports Authority, ABN: 94 987 448 870, to load for the purposes of dumping, and to dump, up to 1.913 million cubic metres of dredged material, derived from capital dredging at Port Hedland, Western Australia.
Advice in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was provided via a parallel assessment (EPBC 2017/7915) completed under the EPBC Act.
Copies of a decision by the Minister/delegate under the Act may be obtained, upon request, from the Director, Queensland South and Sea Dumping Section, Department of the Environment and Energy, GPO Box 787, CANBERRA, ACT 2601.
Anu Datta
Director
Queensland South and Sea Dumping Section
26 / 4 / 2018
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the issue of environmental degradation caused by the dumping of waste and other materials into the sea. The Act provides a regulatory framework to control and monitor the dumping of waste at sea, ensuring that such activities do not harm the marine environment. The policy objective of the Act is to protect and preserve the marine environment by preventing, reducing, and controlling pollution from sea dumping activities. Under the Act, permits are required for certain types of sea dumping, and these permits may be subject to conditions to ensure that the dumping does not have an adverse impact on the marine environment. The Act also provides for public notification and consultation in relation to sea dumping activities, allowing for community involvement in decision-making processes.
During the period from 1 July 2017 to 30 September 2017, several applications for sea dumping permits were received and processed under the Act. These applications included requests from Eni Australia Limited to abandon wellheads in the Timor Sea, the Department of Defence to dump dredged material from Sydney's naval dockyard, and various local authorities and companies to dump dredged material from harbours and other locations around Australia. In some cases, the permits granted under the Act were subject to assessment under the Environment Protection and Biodiversity Conservation Act 1999, which provides for a more rigorous evaluation of the potential environmental impacts of certain activities. Overall, the Act continues to play an important role in protecting Australia's marine environment from the harmful effects of sea dumping.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to dump waste or other matter at sea within Australian waters. This includes individuals, corporations, and government bodies responsible for marine activities that involve the disposal of materials into the ocean. The Act specifically governs the dumping of various materials such as dredged sediment, industrial waste, and decommissioned structures, and it is applicable to both Commonwealth and state waters. The geographic reach of the Act is thus extensive, covering all marine areas under Australian jurisdiction. While the Act provides a comprehensive framework for the regulation of sea dumping, it includes certain exclusions and exemptions for activities such as the disposal of naturally occurring marine organisms and small-scale research activities conducted under specific conditions. The application and enforcement of the Act may be further refined through subordinate instruments, which can introduce additional regulations or modify existing provisions to adapt to changing environmental and industrial contexts.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (the Act) governs the disposal of waste at sea in Australian waters, ensuring that such activities are managed in a way that minimises environmental harm. Section 18 (1) of the Act outlines the requirement for an entity to apply for a permit before undertaking any sea dumping activity. Section 19 (1) then allows the Minister to grant a permit subject to certain conditions, ensuring that the activity complies with environmental protection objectives. Section 21 (1) requires that the Minister may also delegate the power to grant permits to authorised officers. Additionally, Section 25 of the Act mandates that certain information about applications and permits must be published in the Gazette, which serves as an official means of communication for the public and stakeholders.
Entities subject to the Act must comply with several obligations and requirements. Firstly, they must submit a detailed application (Section 18) that includes specific information about the proposed dumping activity, such as the type and quantity of material to be dumped, the location, and the proposed method of disposal. The Act also requires that these applications be accompanied by any relevant environmental impact assessments or studies. Once a permit is granted under Section 19 or 21, the permit holder must adhere to all specified conditions, including those related to environmental protection and monitoring. Furthermore, the Act requires that the permit holder report back to the Minister on the outcomes of the dumping activity and any observed environmental impacts.
The Act imposes various penalties and consequences for non-compliance or breach of its provisions. Section 66 (1) stipulates that a person who carries out a sea dumping activity without a permit, or in breach of the conditions of a permit, is liable to a fine of up to $550,000 for a corporation and $110,000 for an individual. Section 66 (2) further states that a person who causes or authorises the contravention of the Act is also liable for the same penalties. Additionally, under Section 67, a court may order the recovery of costs associated with the remediation of any environmental damage caused by the non-compliance. These provisions underscore the importance of adhering to the Act’s requirements to avoid significant legal and financial repercussions.