Environment Protection (Sea Dumping) Act 1981 - Matters to be Published in the Gazette - 1 July 2019 to 30 September 2019

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Commonwealth Parliament to address the problem of environmental degradation caused by the dumping of waste materials into the sea. The Act was introduced to regulate the disposal of waste materials at sea to protect the marine environment. Under this Act, permits are required for the disposal of waste materials at sea, and the Minister for the Environment has the authority to grant or refuse such permits. The policy objective of the Act is to ensure that the dumping of waste materials at sea is carried out in a manner that minimises harm to the marine environment. Recently, the Act has been used to regulate applications for permits to dump dredged material at sea, as well as variations to existing permits.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to dump waste materials into the sea, within Australian territorial waters, including Commonwealth, state, and territory waters. This encompasses any physical entities such as corporations, partnerships, and individuals, as well as any conduct or transactions involving the loading or dumping of dredged or other materials into the marine environment. The Act's jurisdictional reach is national, covering all waters under Australian jurisdiction. However, the Act excludes certain activities such as those involving the disposal of radioactive waste, which is regulated under other specific legislative frameworks. Additionally, the Act provides for the granting of permits and variations to permits through subordinate instruments, which allows for the regulation of sea dumping activities on a case-by-case basis while maintaining flexibility in its application.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) primarily regulates the dumping of dredged materials and other substances into the sea. Section 18 of the Act pertains to applications for permits to dump, which require detailed information about the proposed dumping activities and their environmental impacts. In this context, Section 18 applications (SD2019/3982 and SD2019/3984) were received from Woodside Energy Limited and the Western Australian Department of Transport, respectively, for the dumping of dredged materials in Western Australia. The Act also provides for variations to existing permits under Section 23, as seen in the applications from Southern Dredging Pty Ltd and Gippsland Ports Committee of Management Incorporated. Section 21 permits variations, which were granted to Southern Dredging Pty Ltd, allowing them to alter the dredge footprint in New South Wales. The Act imposes several obligations on the entities applying for permits or variations, such as providing detailed information about the dredging activities, potential environmental impacts, and mitigation measures. The applicants must ensure that the proposed dumping activities do not harm the marine environment or human health. The Act also requires the Minister or delegate to consider the applications and make decisions based on the information provided, environmental impact assessments, and public submissions. In this case, the Minister/delegate granted variations to existing permits without requiring an assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), as permitted under Section 160 of the EPBC Act. The Act sets out various offences and penalties for non-compliance with its provisions. Section 207 of the Act provides for both civil and criminal penalties for breaches, with maximum penalties of up to $1,100,000 or six months imprisonment, or both, for individuals, and up to $5,500,000 or six years imprisonment, or both, for bodies corporate. These penalties apply to various offences, including unauthorised dumping, failure to comply with permit conditions, and providing false or misleading information in permit applications. The Act also provides for the recovery of costs incurred by the Minister in assessing applications and monitoring compliance with permits. The Minister/delegate has the authority to take enforcement action against entities that breach the Act's provisions, including the imposition of fines, the cancellation of permits, and legal proceedings in civil or criminal courts.