Environment Protection (Sea Dumping) Act 1981 - Matters to be published in the Gazette (1 October 2013 to 31 Dec 2013)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01560 In force Gazette

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

FOR THE PERIOD: 1 October 2013 to 31 Dec 2013

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 (SD2013/2602) was received on 4 November 2013 from the Victorian Department of Environment and Primary Industries, ABN: 90 719 052 204, 8 Nicholson Street, East Melbourne, Victoria, 8002, for a permit for the placement of an artificial reef to be deployed off Torquay, Victoria.

Permits Granted under sections 19 & 21 of the Act

  • A permit (SD2013/2522) was granted on 11 October 2013 to Leighton Contractors Pty Limited, ABN: 98 000 893 667, PO Box 80, Wattleup, Western Australia, 6166, to load for the purposes of dumping and dump up to 8880 cubic metres of treated sewage and waste water derived from the construction of the Gorgon Project jetty, Barrow Island, Western Australia.
  • A permit (SD2013/2442) was granted on 15 October 2013 to Gippsland Ports Committee of Management Incorporated, ABN: 98 943 634 870, PO Box 388, Bairnsdale, Victoria, 3875, to load for the purposes of dumping and to dump up to 7,500,000 cubic metres of material, derived from maintenance dredging of the Bar, the Swing Basin, the Entrance channel, Reeves Channel and Cunningham Arm at Lakes Entrance, Victoria.
  • A permit (SD2013/2462) was granted on 28 October 2013 to Esperance Ports Sea and Land, ACN: 89 042 152 171, PO Box 35, Esperance, Western Australia, 6450, to load for the purposes of dumping and to dump up to 51,500 cubic metres of material derived from maintenance dredging from the shipping channel in the Port of Esperance, Western Australia.
  • A permit (SD2013/2503) was granted on 18 November 2013 to Leighton Contractors Pty Limited, ABN: 90 000 893 667, PO Box 80, Wattleup, Western Australia, 6166, to load for the purposes of dumping and to dump up to 20,000 cubic metres of treated sewage and waste water derived from the construction of the Gorgon Project jetty, Barrow Island, Western Australia.
  • A permit (SD2012/2362) was granted on 18 December 2013 to Gladstone Ports Corporation Limited, ACN: 005 139 873, to load for the purposes of dumping, and to dump up to 350,000 cubic metres of material derived from maintenance dredging at the Port of Gladstone, 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).

 

Applications for Permit Variations under sections 21 & 23 of the Act

  • An application for a variation to a permit (SD2012/2382) was received on 10 October 2013 from Caltex Refineries (NSW) Pty Ltd, Level 24, 2 Market Street, Sydney, NSW, 2000, to vary permit conditions 4 (overflow dredging), 8 (dispersion modelling) and 9 (water quality monitoring and management)  (variation number 1).
  • An application for a variation to a permit (SD2013/2503) was received on 16 December 2013 from Leighton Contractors Pty, ABN: 98 000 893 667, PO Box 80, Wattleup, Western Australia, 6166, to vary the required water depth during discharge (variation number 1).
  • An application for a variation to a permit  (SD2011/2062) was received on 5 December 2013 from PTTEP Australasia (Ashmore Cartier) Pty Ltd, ACN: 004 210 164, to vary conditions specifying the placement location of the Riser Turret Mooring and four Mid Water Buoys.

Permit Variations Granted under sections 21 & S23 of the Act

  • A variation (variation number 1) to a permit (SD2012/2382) was granted 31 October 2013 to Caltex Refineries (NSW) Pty Ltd, Level 24, 2 Market St, Sydney, NSW, 2000, varying permit conditions 4 (overflow dredging), 8 (dispersion modelling) and 9 (water quality monitoring and management) to align with New South Wales government requirements.
  • A variation (variation number 1) to a permit (SD2013/2503) was granted 17 December 2013 to Leighton Contractors Pty Limited, ABN: 98 000 893 667, to vary the required water depth during discharge.

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, 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 Commonwealth Parliament to address the need for the regulation and control of sea dumping activities that could potentially harm the marine environment. This Act was introduced to fill the legislative gap concerning the environmental impacts associated with the disposal of waste materials into the sea. It establishes a framework for the regulation of sea dumping activities, ensuring that such activities are conducted in a manner that minimises environmental harm. The policy objective of the Act is to protect the marine environment from the detrimental effects of sea dumping by imposing strict controls on the types and quantities of materials that can be dumped at sea, and by requiring the assessment of the potential environmental impacts of such activities. The Act aims to achieve this through the issuance of permits for sea dumping, the establishment of conditions for such activities, and the imposition of penalties for non-compliance with the Act's provisions.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity seeking to undertake sea dumping activities within Australian territorial waters, including the Exclusive Economic Zone (EEZ). This Act regulates the placement of waste or dredged material into the sea, and it encompasses various industries that might conduct such activities, such as construction, dredging, and waste management. The Act ensures that any proposed sea dumping operations are assessed and approved through a permit system, with the Minister or delegate having the authority to grant or refuse permits based on environmental impact assessments. The jurisdictional reach of the Act is federal, and it applies to all states and territories within Australia. The Act does not apply to activities that are covered by other federal or state legislation unless specifically excluded or exempted. The Act's application can be extended or restricted through subordinate instruments, which provide further detail on permit conditions, assessment criteria, and enforcement mechanisms. These instruments help to ensure that sea dumping activities are conducted in a manner that minimises harm to the marine environment.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) sets out the regulatory framework for sea dumping in Australia. Section 18 of the Act governs the application process for permits, requiring applicants to submit detailed information about the proposed dumping activities. Section 19 allows the Minister or delegate to grant permits for the dumping of materials at sea, while Section 21 provides for the granting of variations to existing permits. Section 23 specifies the conditions that can be imposed on permits to ensure the protection of the marine environment. Under the Act, applicants for sea dumping permits must provide comprehensive information, including the type and volume of materials to be dumped, the location and method of disposal, and any potential environmental impacts. The Minister or delegate has the authority to grant or refuse permits based on this information, with a focus on minimising harm to the marine environment. The Act also allows for variations to existing permits to address changing circumstances or new information, subject to certain conditions. Entities granted permits under the Act are required to comply with all conditions specified in their permits. This includes adhering to strict guidelines on the type, volume, and location of materials to be dumped, as well as implementing measures to mitigate any potential environmental impacts. Permit holders must also maintain records of their dumping activities and report any incidents or breaches of permit conditions to the relevant authorities. Breaches of the Act or permit conditions can result in significant penalties. Section 35 of the Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines of up to $1,100,000 for corporations and $220,000 for individuals, while criminal penalties can result in fines of up to $66,000 for corporations and $13,200 for individuals, or imprisonment for up to two years, or both. Additionally, the Act empowers the Minister to take enforcement action, including the suspension or cancellation of permits, to ensure compliance and protect the marine environment.

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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.