ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 November 2016 to 31 December 2016
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 (SD2016/3462) was received on 23 November 2016 from Pilbara Iron Pty Limited, ACN: 107 216 535, for a permit to load for the purposes of dumping, and to dump up to 1,225,000 cubic metres of dredged material, derived from maintenance dredging at the Port of Dampier, Western Australia.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2016/3282) was granted on 2 December 2016 to Pilbara Ports Authority, ABN: 94 987 448 870, for a permit to load for the purposes of dumping, and to dump up to 2,500,000 in-situ cubic metres of material, derived from maintenance dredging at the Port of Ashburton, Western Australia.
- A permit (SD2016/3422) was granted on 13 December 2016 to the Queensland Department of Transport and Main Roads trading as Maritime Safety Queensland, ABN: 39 407 690 291, to load for the purposes of dumping, and to dump a vessel (M.V Sattha Uniana) in the Coral Sea.
- A permit (SD2016/3342) was granted on 15 December 2016 to The Trustee for the Polaris Marine Trust No.1, ABN: 84 343 204 460, to load for the purposes of dumping, and to dump a platform (an Oceanlinx Mk3PC Wave Energy Generator), off Culburra Beach, 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 (SD2015/3102) was received on 28 November 2016 from the New South Wales Department of Industry, Skills and Regional Development, ABN: 72 189 919 072, to increase the permitted disposal quantity to 231,500 cubic metres of material derived from capital dredging at Eden, New South Wales and to extend the permit until 31 March 2019.
Permit Variations granted under sections 21 and 23 of the Act
- A variation to a permit (SD2015/3222) was granted on 8 November 2016 to Onslow Salt Pty Ltd, ACN: 050 159 558, to increase the permitted disposal quantity to up to 198,000 cubic metres of material derived from maintenance dredging of the channel entrance, turning basin and berthing pocket within the Port of Onslow, Western Australia and to make an administrative amendment to the disposal site coordinates.
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.
Karina McLachlan
Acting Director
Queensland Assessments and Sea Dumping Section
27 January 2017
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the problem of unregulated sea dumping, which posed a significant risk to marine environments and ecosystems. The Act establishes a regulatory framework for the approval and monitoring of sea dumping activities within Australian waters. It aims to ensure that such activities are conducted in a manner that minimises environmental harm, thereby achieving the policy objective of protecting the marine environment from the adverse effects of dumping. This legislative measure fills a critical gap by providing a structured process for assessing and authorising sea dumping activities, ensuring that environmental considerations are central to decision-making in this domain.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity proposing to carry out sea dumping activities within Australian waters. This includes the loading, transportation, and disposal of dredged material, vessels, and offshore structures into the sea. The Act regulates these activities to ensure they do not harm the marine environment. The jurisdictional reach of the Act is national, extending across all Commonwealth, state, and territory waters of Australia. The Act does not apply to certain exempted activities such as incidental discharges from ships in compliance with international conventions or state laws, provided they do not exceed specified thresholds. The application and scope of the Act can be further defined and modified through subordinate instruments issued by the relevant authorities, allowing for more specific regulations and guidelines to be established as needed. These instruments help in adapting to new scientific findings or changing environmental conditions, ensuring the Act remains effective in protecting marine ecosystems.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 governs the regulations and permits associated with the dumping of waste materials in Australian waters. Under section 18, applications for permits to dump dredged material or other substances can be submitted, and upon review, the Minister or their delegate may grant a permit under section 19. These permits allow for the controlled disposal of materials to prevent environmental harm. For instance, permits like SD2016/3462 and SD2016/3282 were granted for specific quantities of dredged material to be dumped in designated areas. Section 21 further outlines the conditions and requirements that must be met by the permit holder, ensuring that the dumping does not adversely affect the marine environment.
The Act imposes several obligations on permit holders. These include adhering to the specified disposal methods, locations, and quantities as outlined in their permits. Additionally, under section 160 of the Environment Protection and Biodiversity Conservation Act 1999, the Minister may require an assessment of the environmental impact of the proposed dumping. However, in this case, the Minister determined that such assessments were not necessary. Permit holders must also monitor and report on the dumping activities to ensure compliance with the Act and to provide data for environmental oversight.
Failure to comply with the requirements of the Environment Protection (Sea Dumping) Act 1981 can result in significant consequences. Breaches of the Act may lead to enforcement actions, which can include fines and other penalties. Under section 246 of the Act, individuals or entities found guilty of contravening the Act may face civil penalties, while serious breaches may attract criminal penalties, including imprisonment. The specific penalties can vary based on the severity of the breach and are determined by the courts. It is crucial for permit holders to adhere strictly to the conditions of their permits to avoid these adverse consequences.