Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 April 2022 to 30 June 2022

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 April 2022 to 30 June 2022


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 for a permit (SD2022/4024) was received on 6 April 2022 Invocare Australia Pty Ltd, 224 Newnham Road, Upper Mount Gravatt, Queensland 4122 (ABN: 22 060 060 031), for a permit for a burial at sea located offshore from Cape Moreton, Queensland.
  • An application for a permit (SD2022/4025) was received on 29 April 2022 from Pilbara Ports Authority, Level 5, 999 Hay St Perth, Western Australia 6000 (ABN: 94 987 448 870), to load for the purposes of dumping, and to dump up to 380,000 cubic metres (in-situ) of dredged material derived from capital dredging to establish a new berth pocket and associated manoeuvring basin for the Dampier Cargo Wharf Extension and Landside Redevelopment Project at the Port of Dampier, Western Australia.
  • An application for a permit (SD2022/4026) was received on 10 May 2022 from the Australian Institute of Marine Science, Level 3, Indian Ocean Marine Research Centre, The University of Western Australia, 64 Fairway, Fairway Entry 4, Crawley, Western Australia 6009 (ABN: 78 961 616 230), for the placement of an artificial reef on Bundgei Reef, offshore Exmouth, Western Australia.
  • An application for a permit (SD2022/4028) was received on 18 May 2022 from McCartney Family Funerals, 201/130 Kingston Road, Underwood, Queensland 4119 (ABN: 55 989 099 734), for a burial at sea, offshore from Southport, Queensland.
  • An application (SD2022/4029) was received on 27 May 2022 from the Port of Newcastle, Level 4,
    252 Wharf Road, Newcastle, New South Wales 2300 (ABN: 97 539 122 070), to load for the purposes of dumping, and to dump up to 7,400,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Newcastle, New South Wales. This application replaces application SD2021/4014 which has been withdrawn. 
  • An application for a permit (SD2022/4030) was received on 1 June 2022 from Woodside Energy Scarborough Pty Ltd, 11 Mount Street, Perth, Western Australia 6000 (ACN: 650 177 227), to abandon the Thebe-1 wellhead and guide base (in-situ) associated with petroleum title WA-63-R in the North-west Marine Region, offshore of Western Australia.
  • An application (SD2022/4031) was received on 21 June 2022 from North Queensland Bulk Ports Corporation, Level 1, Waterfront Place Mulherin Drive, Mackay Harbour, Queensland 4740
    (ACN: 136 880 218), to load for the purposes of dumping, and to dump up to 575,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Mackay, Queensland.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2022/4024) was granted on 8 April 2022 to Invocare Australia Pty Ltd, 224 Newnham Road, Upper Mount Gravatt, Queensland 4122 (ABN: 22 060 060 031), for a permit for a burial at sea located offshore from Cape Moreton, Queensland.
  • A permit (SD2022/4028) was granted on 20 May 2022 to McCartney Family Funerals, 201/130 Kingston Road, Underwood, Queensland 4119 (ABN: 55 989 099 734), for a permit for a burial at sea located offshore from Southport, Queensland.
  • A permit (SD2022/4019) was granted on 2 June 2022 to Ports North, Corner Grafton & Hartley Street, Cairns, Queensland 4870 (ABN: 38 657 722 043) to load for the purposes of dumping, and to dump up to 2,487,300 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the entrance channel and amended navigational corridor; and up to 62,700 cubic metres (in-situ) of dredged material, derived from capital dredging of the amended navigational corridor, within the Port of Karumba, Queensland.

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 Variations granted under sections 21 and 23 of the Act

  • A variation (No. 1) to a permit (SD2020/3993) was granted on 10 June 2022 to Shark Bay Resources, Exchange Tower, 2 The Esplanade, Perth, Western Australia 6000 (ABN: 88 079 088 636), to correct an administrative error on the permit.
  • A variation (No. 1) to a permit (SD2022/4019) was granted on 10 June 2022 to Ports North, Corner Grafton & Hartley Street, Cairns, Queensland 4870 (ABN: 38 657 722 043), to correct an administrative error on the permit.

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

Permits revoked under Section 20(1)(b) of the Act

A permit (SD2011/1882), granted on 8 March 2013 to Ports North, Corner Grafton & Hartley Street, Cairns, Queensland 4870 (ABN: 38 657 722 043), to load for the purposes of dumping, and to dump up to 3,600,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the entrance channel, within the Port of Karumba, Queensland, was revoked 2 June 2022.

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. 

 

Heather Agnew

Acting Assistant Secretary

Queensland Assessments and Sea Dumping Branch

30 June 2022
 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to regulate the disposal of waste at sea and mitigate the environmental impacts of such activities. This Act aims to protect the marine environment by ensuring that any dumping of waste into the sea is controlled and minimises the risk to human health and marine life. The Act was enacted by the Parliament of Australia, reflecting the nation's commitment to environmental conservation and the responsible management of marine resources. The policy objective of the Act is to establish a framework for the regulation and oversight of sea dumping activities, ensuring they do not cause significant harm to the marine environment. The Act provides mechanisms for the issuance, variation, and revocation of permits for sea dumping, allowing the government to manage and monitor these activities effectively.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to all persons, entities, and industries involved in activities that involve the disposal of matter into the sea from vessels, aircraft, or other means. This Act encompasses a wide range of activities including burials at sea, disposal of dredged material, and abandonment of offshore structures. The jurisdictional reach of the Act is national, governing practices across all Australian waters. Applications for permits and variations must be submitted in accordance with the Act and may be subject to review and approval by the Minister or a delegate, with certain exclusions and exemptions potentially applying based on the specific circumstances of the activity. The Act also provides for the revocation of permits where necessary. Subordinate instruments may extend or restrict the application of the Act, ensuring it remains relevant and effective in addressing environmental concerns associated with sea dumping activities.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) provides for the regulation of sea dumping activities, including the application process, permit requirements, and conditions for approval. Section 18(1) of the Act outlines the procedure for applying for a permit to carry out sea dumping, while Section 19(1) and Section 21(1) establish the process for the granting of such permits, subject to certain conditions. Section 20(1)(b) of the Act allows the Minister or a delegate to revoke a permit under specific circumstances. Furthermore, Section 23(1) of the Act provides for variations to permits that have already been issued. Entities or individuals intending to engage in sea dumping activities must comply with the Act by submitting an application for a permit as per Section 18(1). The application must include all necessary information, including details of the proposed dumping site, the type and quantity of material to be dumped, and any potential environmental impacts. Once a permit is granted under Section 19(1) or Section 21(1), the permit holder must adhere to the conditions outlined in the permit, including any environmental protection measures, monitoring requirements, and reporting obligations. If a permit is revoked under Section 20(1)(b), the permit holder must cease the sea dumping activities immediately. If a permit variation is required, the permit holder must submit an application for the variation as per Section 23(1). Failure to comply with the requirements of the Act may result in a range of civil and criminal consequences. Under Section 245 of the Act, a person who carries out sea dumping activities without a permit or in contravention of the permit conditions is liable to a penalty of up to $1,650,000 for a corporation and $330,000 for an individual. Additionally, under Section 246 of the Act, a person who is negligent in carrying out sea dumping activities is liable to a penalty of up to $825,000 for a corporation and $165,000 for an individual. In more serious cases, a person may be prosecuted under Section 247 of the Act for engaging in sea dumping activities that cause significant harm to the environment, which is punishable by a fine of up to $5,025,000 for a corporation and $1,005,000 for an individual, or imprisonment for up to five years, or both.

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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.