Environment Protection (Sea Dumping) Act 1981 - Matters to be Published in the Gazette - 1 July 2020 to 30 September 2020

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2021G00288 In force Gazette

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

FOR THE PERIOD: 1 July 2020 to 30 September 2020

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 (SD2020/3994) was received on 21 July 2020 from the Gold Coast City Council, 9 Holden Place, Bundall, Queensland, 4217 (ABN: 84 858 548 460), for the placement of an artificial reef, offshore of Main Beach, Gold Coast, Queensland.
  • An application (SD2020/4000) was received on 12 August 2020 from Santos NA Darwin Pipeline Pty Ltd, 60 Flinders Street, Adelaide, South Australia, 5000 (ABN: 60 093 316 959), for the decommissioning of pipeline used for carrying dry sales gas from the Bayu-Undan Field in Timor-Leste offshore waters to the Darwin LNG Plant at Wickham Point, Northern Territory.
  • An application (SD2020/3995) was received on 31 August 2020 from Southern Ports Authority, 85 Brunswick Road, Albany, Western Australia, 6330 (ABN: 30 044 341 250), to load for the purposes of dumping, and to dump up to 11.7 million cubic metres (in-situ) of dredged material, derived from capital dredging of the Princess Royal Harbour shipping channel, Albany, Western Australia.
  • An application (SD2020/3997) was received on 31 August 2020 from Recfishwest, Suite 3, 45 Northside Drive, Hillarys, Western Australia, 6025 (ABN: 77922 817 608) for the placement of an artificial reef, offshore of Onslow, Western Australia.
  • An application (SD2020/3996) was received on 1 September 2020 from North Queensland Bulk Ports Corporation Limited, PO Box 3340, North Mackay, Queensland, 4740 (ACN: 136 880 218), to load for the purposes of dumping, and to dump up to 10,810,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the departure channel, inner harbour and berth pocket areas of the Port of Weipa, Queensland.
  • An application (SD2020/3998) was received on 3 September 2020 from Recfishwest, Suite 3, 45 Northside Drive, Hillarys, Western Australia, 6205 (ABN: 77 922 817 608), for the placement of an artificial reef, offshore of Exmouth, Western Australia.
  • An application (SD2020-3999) was received on 15 September 2020 from RTA Weipa Pty Ltd, 123 Albert Street, Brisbane, Queensland, 4000 (ACN: 137 266 285), to load for the purposes of dumping, and to dump up to 480,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the Amrun Port and River Facilities, Weipa, Queensland.

 

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2020/3992) was granted on 10 July 2020 to Bhagwan Marine Pty Ltd, Level 3, 251 St Georges Terrace, Perth, Western Australia, 6000 (ABN: 81 009 154 349), for the towing to sea and scuttling for sea disposal of the entirety of a barge known as the ‘Bhagwan Titan’, in deep waters approximately 345 kilometres north northwest of Dampier, Western Australia.
  • A permit (SD2020/3989) was granted on 9 July 2020 to the Department of Planning, Industry and Environment, Cnr Burrawang & Graham Streets, Narooma, New South Wales, 2546 (ABN: 20 770 707 468) for the placement of an artificial reef, offshore of Tweed Heads, New South Wales.

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).  

Applications received for variations under section 23 of the Act

  • An application for a variation to a permit (SD2010/1642) was received on 6 August 2020 from North Queensland Bulk Ports Corporation, Level 1 Waterfront Place, Mulherin Drive, Mackay Harbour, Queensland, 4740 (ABN: 36 136 880 218) requesting to slightly modify the current approved design depths set out in the original permit application to reflect the existing infrastructure and ensure alignment of the Sea Dumping Permit (SD2010/1642) with current State approvals.

Permit Variations granted under sections 21 and 23 of the Act

  • A variation (No.2) to a permit (SD2017/3542) was granted on 9 July 2020 to Pilbara Ports Authority, PO Box 84, West Perth, Western Australia, 6872 (ABN: 94 987 448 870), to increase the permitted volume of dredged material proposed for disposal and for an extension to the permit expiry date (of 2 years) from 31 August 2020 until 31 August 2022.

The Minister/delegate did not require the variation to the permit to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).  

Copies of a decision by the Minister/delegate under the Act may be obtained, upon request, from the Director, Sea Dumping Section, Department of Agriculture, Water and the Environment, GPO Box 858, CANBERRA, ACT 2601. 

 

Jamie Machin

Acting Director

Sea Dumping Section

16 April 2021

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to address the need for regulation and oversight of activities that involve the disposal of waste materials into marine environments, particularly offshore. This Act was introduced to ensure that such activities do not cause harm to the marine environment, human health, or other legitimate uses of the sea. It was enacted by the Parliament of Australia, aiming to provide a framework for the management and control of sea dumping activities to prevent environmental degradation. The policy objective of the Act is to safeguard marine ecosystems by regulating the dumping of waste materials at sea, thereby protecting marine life and maintaining the health of the ocean. During the specified period from 1 July 2020 to 30 September 2020, various applications and permits related to sea dumping activities were received and processed under the Act. These applications included proposals for the placement of artificial reefs and the disposal of dredged materials. The responsible authorities reviewed these applications to ensure compliance with the regulatory requirements set forth by the Act, thereby upholding its environmental protection mandate.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity proposing to dispose of matter into the sea or the exercise of rights in respect of any sea dumping operations within Australian territorial waters, the Australian Exclusive Economic Zone, and on the Australian Continental Shelf. This includes the placement of artificial reefs, the disposal of dredged material, and other activities that involve the dumping of matter into the sea. The Act's jurisdiction extends to the Commonwealth level, but it also considers state and territory laws and approvals. There are specific exclusions under the Act, including activities that fall under other legislative regimes such as the Environment Protection and Biodiversity Conservation Act 1999. The Act allows for the issuance of permits and variations to permits, and these can be subject to conditions set by the Minister or their delegate. Subordinate instruments may further define the scope and application of the Act, providing detailed guidelines and procedural requirements for applications, permit issuance, and variations.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) outlines the regulatory framework for sea dumping activities in Australia. Under Section 18 of the Act, applications for permits to conduct sea dumping must be submitted to the relevant authorities. These applications must detail the proposed activity, including the type of material to be dumped, the location, and the methodology of disposal. Section 19 of the Act permits the granting of such permits, contingent upon an assessment of environmental impacts and compliance with the Act's provisions. Additionally, Section 21 of the Act provides for the conditions that may accompany the granting of a permit, ensuring that the activity does not cause significant harm to the marine environment. The Act imposes several obligations on applicants and permit holders. Firstly, under Section 22, applicants must provide comprehensive information about the proposed sea dumping activity, including environmental impact assessments. Secondly, permit holders must adhere to the conditions specified in their permits, which may include monitoring and reporting requirements to ensure ongoing compliance and environmental protection. Furthermore, under Section 23, any proposed variations to an existing permit must be approved by the Minister or a delegate, ensuring that any changes do not compromise the environmental safeguards established by the Act. Violations of the Act can lead to significant penalties and legal consequences. Under Section 204, any person who engages in sea dumping activities without a permit, or who fails to comply with the conditions of a permit, commits an offence. The penalties for such offences can be substantial, including fines of up to $2.2 million for individuals and $11 million for corporations, as stipulated in Section 205. Additionally, under Section 206, the Act allows for civil penalties to be imposed for non-compliance, further ensuring that environmental standards are maintained and that those who breach the Act are held accountable.

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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.