ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 April 2018 to 30 June 2018
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 (SD2018/3802) was received on 1 May 2018 from Purslowe and Chipper Funerals, ABN: 22 060 060 031 for a permit for a burial at sea located offshore of Fremantle, Western Australia.
- An application (SD2018/3822) was received on 9 May 2018 from Recfishwest, ABN: 77 922 817 608 for the placement of an artificial reef, deployed offshore of Esperance, Western Australia.
- An application (SD2018/3842) was received on 15 June 2018 from Cairns Regional Council,
ABN: 24 310 025 910 for a permit to load for the purposes of dumping and to dump up to 1,210,000 cubic metres of dredged material derived from maintenance dredging of Half Moon Bay, Cairns, Queensland.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2017/3722) was granted on 13 April 2018 to RTA Weipa Pty Ltd, ACN: 137 266 285 to load for the purposes of dumping, and to dump up to 92,000 cubic metres of dredged material derived from maintenance dredging of the Amrun berth pocket and departure channel, Queensland.
- A permit (SD2017/3662) was granted on 27 April 2018 to Recfishwest, ABN: 77 922 817 608 for the placement of an artificial reef, deployed offshore of Exmouth, Western Australia.
- A permit (SD2017/3682) was granted on 7 May 2018 to New South Wales Roads and Maritime Services, ABN: 76 236 371 088 to load for the purposes of dumping, and to dump up to 5,000 cubic metres of dredged material derived from maintenance dredging of the Stockton Boat Harbour, New South Wales.
- A permit (SD2018/3802) was granted on 7 May 2018 to Purslowe and Chipper Funerals, ABN: 22 060 060 031 for a burial at sea located offshore of Fremantle, 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).
Applications received for variations under section 23 of the Act
- An application for a variation (variation 1) to a permit (SD2017/3542) was received on 4 May 2018 from the Pilbara Ports Authority, ABN: 94 987 448 870 to increase the permitted disposal volume to 3,266,000 cubic metres.
Permit Variations granted under sections 21 and 23 of the Act
- A variation (variation 1) to a permit (SD2016/3322) was granted on 3 April 2018 to the Port of Townsville Limited, ACN: 130 077 673, to extend the permit expiry to 4 April 2019 and to increase the permitted disposal volume to 1,225,000 cubic metres.
The Minister/delegate did not require the variation to 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.
Anu Datta
Director
Queensland South and Sea Dumping Section
14 / 9 / 2018
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted by the Commonwealth Parliament to regulate the disposal of matter into the sea from vessels and platforms, aiming to protect the marine environment from harmful effects of sea dumping. The Act provides a framework for the assessment and control of sea dumping activities, ensuring that they do not adversely impact the marine environment, human health, or legitimate uses of the sea. This legislative instrument was introduced to fill a gap in environmental regulation by specifically addressing the need for a national approach to controlling sea dumping, which had previously been managed by individual states. The Act works in conjunction with other environmental protection laws, such as the Environment Protection and Biodiversity Conservation Act 1999, to ensure comprehensive oversight of activities that may impact the marine environment. The policy objective of the Act is to balance the need for marine-related activities with the imperative to protect and conserve the marine environment.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to entities and individuals who seek to engage in sea dumping activities within Australian waters. This encompasses activities such as the disposal of dredged material, the burial at sea of human remains, and the placement of artificial reefs. The Act extends to all Commonwealth, state, and territory waters of Australia, thereby ensuring a comprehensive regulatory framework across the nation. Exclusions and exemptions within the Act pertain to specific categories of materials and activities that are governed under different legislative provisions, ensuring that only those activities directly regulated by the Act are subject to its stipulations. The Act also provides for the granting of permits and variations to permits, which may be subject to further conditions or requirements as prescribed by subordinate instruments, thereby allowing for a flexible and adaptive regulatory environment. The Act does not extend to activities that are already covered by other environmental protection legislation, such as the Environment Protection and Biodiversity Conservation Act 1999.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (the Act) regulates the dumping of waste materials into the sea, with several key provisions. Section 18 (2) allows for the submission of applications for permits to dump specific materials at sea, such as dredged material or artificial reefs, while section 19 (1) permits the granting of such permits by the Minister or their delegate. Section 21 (1) of the Act provides for the conditions that may be attached to a permit, ensuring that the dumping is carried out in a manner that minimises environmental harm. Section 23 (1) allows for the variation of a permit, with the Minister or delegate having the authority to approve or reject such variations. Section 25 of the Act mandates that certain information regarding permits and applications be published in the Gazette, as illustrated in the given gazette notice.
Under the Act, applicants for permits must adhere to specific obligations and requirements. They must submit detailed information about the proposed dumping activities, including the type and quantity of materials to be dumped, the location, and the proposed method of disposal. The applicants must also ensure that the dumping will not cause harm to the marine environment or human health. The Minister or delegate may require further information or an environmental assessment to be conducted under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to ensure compliance with environmental standards.
Failure to comply with the provisions of the Act may result in various consequences. Section 32 (1) of the Act outlines that any person who carries out sea dumping activities without a permit, or in contravention of the terms and conditions of a permit, commits an offence and may be subject to criminal penalties. The maximum penalty for an individual is a fine of up to AUD 525,000 or imprisonment for up to five years, or both. For corporations, the maximum penalty is a fine of up to AUD 2,625,000. Additionally, section 32 (2) states that any person who causes harm to the marine environment as a result of sea dumping activities may be liable for civil penalties under the EPBC Act or other relevant legislation. The Minister or delegate may also revoke or suspend a permit if there is a breach of the Act or the conditions of the permit.