Environment Protection (Sea Dumping) Act 1981 - Matters to be published in the Gazette (9 September 2014 to 31 December 2014)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01581 In force Gazette

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

FOR THE PERIOD: 9 September 2014 to 31 December 2014

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 (SD2014/2922) was received on 17 October 2014 for a permit for a burial at sea, to be conducted by Murphy Family Funerals, PO Box 532, Nowra, New South Wales, 2541, offshore of Currarong, New South Wales.
  • An application (SD2014/2942) was received on 30 October 2014 for a permit for a burial at sea, to be conducted by Bowra and O’Dea Pty Ltd, ACN: 008 682 326, 68 Stirling Street, Perth, Western Australia, offshore Rottnest Island, Western Australia.

Permits Granted under sections 19 & 21 of the Act

  • A permit (SD2014/2882) was granted on 15 September 2014 to Chevron Australia Pty Ltd, ABN: 29 086 197 757, to load for the purposes of dumping, and to dump up to a total of 5,824 cubic metres of treated sewage and waste water derived from the construction of the Gorgon Project jetty, Barrow Island, Western Australia.
  • A permit (SD2014/2742) was granted on 26 September 2014 to Mermaid Supply Base Pty Ltd, Mermaid Road, Burrup Peninsula, Dampier, Western Australia, 6173, ACN: 009 200 640, to load for the purposes of dumping, and to dump up to 150,000 cubic metres of material derived from maintenance dredging of the approach channel, outer basin, berth pocket, inner basin and slipway channel at the Mermaid Supply Base at the Port of Dampier, Western Australia.
  • A permit (SD2014/2922) was granted on 24 October 2014 to Murphy Family Funerals, PO Box 532, Nowra, New South Wales, 2541, for a burial at sea, offshore of Currarong, New South Wales.
  • A permit (SD2014/2942) was granted on 4 November 2014 to Bowra and O’Dea Pty Ltd, ACN: 008 682 326, 68 Stirling Street, Perth, Western Australia, for a burial at sea, offshore Rottnest Island, Western Australia.
  • A permit (SD2014/2862) was granted on 12 November 2014 to the Gladstone Ports Corporation Limited, ACN: 131 965 896, to load for the purposes of dumping, and to dump up to 385,000 cubic metres of material, derived from maintenance dredging at the Port of Gladstone, Queensland.
  • A permit (SD 2014/2902) was granted on 2 December 2014 to 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 82,400 cubic metres of dredged material, derived from maintenance dredging of the shipping channel located within the Port of Albany, Western Australia.
  • A permit (SD2014/2842) was granted on 11 December 2014 to the New South Wales Department of Primary Industries, 36 Marina Drive, Coffs Harbour Jetty, NSW, 2450, ABN: 72 189 919 072, for the placement of an artificial reef, deployed offshore of Shoalhaven Heads, New South Wales.
  • A permit (SD2014/2782) was granted on 22 December 2014 to Chevron Australia Pty Ltd, ABN: 29 086 197 757, 250 St Georges Terrace, Perth, Western Australia, 6000, to load for the purposes of dumping and to dump up to a total of 140,000 cubic metres of wastewater from the Silja Europa (IMO No. 8919805), offshore of Barrow Island, Western Australia.
  • A permit (SD2014/2802) was granted on 23 December 2014 to Chevron Australia Pty Ltd, 250 St Georges Terrace, Perth, Western Australia, 6000, ABN: 29 086 197 757, to load for the purposes of dumping and to dump up to a total of 57,800 cubic metres of treated sewage from the Silja Europa (IMO No. 8919805), offshore of Barrow Island, Western Australia.

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).

 

Permit Variation Applications received under section 23 of the Act

  • An application for a variation to a permit (SD2010/1782) was received on 10 September 2014 from the Bunbury Ports Authority, ABN: 30 044 341 250, to amend the permit holder name to the Southern Ports Authority ABN: 30 044 341 250 (variation number 1).
  • An application for a variation to a permit (SD2011/2142) was received on 18 September 2014 from Pilbara Ports Authority, ABN: 94 987 448 870, to increase the dredge footprint at Port Hedland, Western Australia (variation number 1).
  • An application for a variation to a permit (SD2012/2362) was received on 30 October 2014 from the Gladstone Ports Corporation Limited, ACN: 131 965 896, to vary the monitoring conditions (variation number 2).
  • An application for a variation to a permit (SD2011/2142) was received on 17 December 2014 from the Pilbara Ports Authority, ABN: 94 987 448 870, to extend the permit expiry date to 4 April 2016 and amend condition 4 in relation to the dredging schedule (variation number 2).

Permit Variations Granted under sections 21 & 23 of the Act

  • A variation (variation number 1) to permit (SD2011/2142) was granted on 1 October 2014 to the Pilbara Ports Authority, ABN: 94 987 448 870, to vary the dredge footprint and the trading name.
  • A variation (variation number 2) to permit (SD2010/1722) was granted on 3 November 2014 to the Pilbara Ports Authority, ABN: 94 987 448 870, to vary the trading name.
  • A variation (variation number 1) to permit (SD2010/1782) was granted on 3 November 2014 to the Southern Ports Authority, ABN: 30 044 341 250, to vary the trading name.
  • A variation (variation number 1) to permit (SD2013/2402) was granted on 3 November 2014 to the Pilbara Ports Authority, ABN: 94 987 448 870, to vary the trading name.
  • A variation (variation number 2) to permit (SD2012/2362) was granted on 10 November 2014 to the Gladstone Ports Corporation Limited, ACN: 131 965 896, to vary the monitoring requirements for the 2014 maintenance disposal campaign.

The variations to the above permits were not required to undergo assessment under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) as the Minister/delegate did not require advice under section 160 of the EPBC Act.

Permits Revoked under section 20 of the Act

  • A permit (SD2013/2503) was revoked on 15 September 2014, at the request of the permit holder (Leighton Contractors Pty Limited, ABN: 98 000 893 667), to facilitate a new application (SD2014/2882) by Chevron Australia Pty Ltd.  

 

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 Parliament of Australia to regulate the disposal of waste materials into the sea and to ensure that such disposal does not cause harm to the marine environment. The Act was introduced to address the need for a coordinated and controlled approach to the dumping of wastes at sea, thereby preventing pollution and protecting the marine ecosystem. The policy objective of the Act is to minimise the environmental impact of sea dumping activities by imposing stringent regulations and requiring permits for such activities. The Minister for the Environment and Energy is responsible for administering the Act, which includes issuing permits, monitoring compliance, and revoking permits where necessary. During the period from 9 September 2014 to 31 December 2014, several permits were granted and applications received under the Act, including permits for burials at sea, dumping of dredged materials, and wastewater disposal. Additionally, variations to existing permits were made to accommodate changes in operational requirements, while some permits were revoked to facilitate new applications. The Minister/delegate did not require the permits to undergo assessment under the Environment Protection and Biodiversity Conservation Act 1999, indicating that the activities proposed under the Act did not pose significant risks to the environment as per the criteria established by the EPBC Act. Decisions made under the Act can be obtained upon request from the Queensland Assessments and Sea Dumping Section, Department of the Environment and Energy.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity that intends to carry out sea dumping activities within Australian waters, specifically within the jurisdictional scope of the Commonwealth. The Act governs the disposal of waste materials into the sea and mandates that permits are required for such activities, with exceptions where the Minister/delegate decides that an assessment under the Environment Protection and Biodiversity Conservation Act 1999 is not necessary. The Act includes provisions for the application, granting, variation, and revocation of permits for sea dumping activities, as evidenced by the range of permits issued and variations granted to various entities including Chevron Australia Pty Ltd, the Gladstone Ports Corporation Limited, and Murphy Family Funerals among others. These permits and variations allow for activities such as the dumping of treated sewage and waste water, material derived from dredging, and the placement of artificial reefs, all of which are subject to specific conditions outlined in the permits. The Act's application extends to the entire Australian maritime jurisdiction, thereby encompassing states such as Western Australia, New South Wales, and Queensland, as well as the territories surrounding these states. The Act itself does not specify exclusions or thresholds, but it is understood that the Minister/delegate has the discretion to exclude certain activities from the permit requirements if deemed appropriate. Additionally, the Act allows for the use of subordinate instruments to further detail the permit conditions and processes, thereby extending and restricting the application of the Act as necessary.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) governs the sea dumping of various materials in Australian waters. Section 18 of the Act deals with the application process for permits, while section 19 outlines the issuance of such permits. Section 20 provides for the revocation of permits, and section 21 addresses permit variations. Section 23 of the Act concerns the application process for permit variations, and section 25 mandates the publication of certain information in the Gazette. The Act imposes several obligations on permit holders. Firstly, they must apply for a permit before undertaking any dumping activities (section 18). Permit holders are also required to adhere to the conditions specified in their permits, which may include monitoring and reporting requirements (section 19). If a permit holder wishes to change any aspect of their approved dumping activities, they must apply for a variation to their permit (section 23). If a permit is revoked, the permit holder must cease all activities related to the permit (section 20). Failure to comply with the requirements of the Act can result in significant penalties. For example, carrying out sea dumping activities without a permit is an offence under section 14 of the Act, which may lead to a fine of up to $1,200,000 for a corporation or $240,000 for an individual, or both. Additionally, the Act provides for the imposition of conditions on permits, and failure to comply with these conditions may also result in fines or other penalties. The specific penalties for breaching permit conditions are determined by the Minister/delegate and are detailed in the relevant permit. In summary, the Environment Protection (Sea Dumping) Act 1981 requires permit holders to apply for and obtain permits before undertaking sea dumping activities, adhere to the conditions specified in their permits, and apply for variations to their permits if necessary. Failure to comply with the Act's requirements can result in significant penalties, including fines. The Minister/delegate has the authority to impose conditions on permits and to revoke permits if necessary.

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Environmental Law
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Gazette Notice
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Definitions & Interpretation
Permitting & Licensing
Reporting & Disclosure Obligations
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