Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 April 2023 to 30 June 2023

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2023G00803 In force Gazette

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 April 2023 to 30 June 2023


Pursuant to section 25 of the Environment Protection (Sea Dumping) Act 1981 (the Act), notice is given that:

Applications for permits received under section 18 of the Act

  • An application (SD2023-4051) was received on 15 May 2023 from Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone, Queensland 4680 (ACN: 131 965 896) for a 10-year permit to load for the purposes of dumping, and to dump up to 2,920,000 cubic metres (in-situ) of dredged material derived from maintenance dredging of the shipping channels of the Port of Gladstone, Queensland.
  • An application (SD2023-4052) was received on 25 May 2023 from Cooper Energy Limited, Level 8, 70 Franklin Street, Adelaide, South Australia 5000 (ACN: 096 170 295), for the dumping (abandonment in-situ) of the Basker-A Manifold Pile. The pile has been decommissioned from petroleum title area VIC/RL13, located in the Eastern Bass Strait, approximately 55 km southeast of the Orbost Gas Plant on the coast of Victoria.
  • An application (SD2023-4053) was received on 8 June 2023 from Gladstone Ports Corporation Limited, 45 Wharf Drive, Burnett Heads, Queensland 4670 (ACN: 131 965 896), for a 10- year permit to load for the purposes of dumping, and to dump up to 3,900,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Bundaberg, Queensland. This application replaces the previously submitted application SD2022-4036, which has been withdrawn.
  • An application (SD2023-4054) was received on 14 June 2023 from Recfishwest, 3/45 Northside Drive, Hillarys, Western Australia 6025 (ABN: 77 922 817 608) and the Department of Primary Industries and Regional Development, 1 Nash Street, Perth, Western Australia 6000 (ABN: 18 951 343 745) for the placement of an artificial reef for recreational fishing purposes. The reef comprises 2 purpose-built reef towers made of steel, located offshore approximately 3.7 kilometres south-west of Kalbarri, Western Australia.
  • An application (SD2023-4055) was received on 29 June 2023 from Woodside Energy Group Pty Ltd, 11 Mount Street, Perth 6000 (ACN: 005 482 986), for a 5-year permit to load for the purposes of dumping, and to dump up to 85,000 cubic metres (in-situ) of dredged material, derived from capital dredging of the borrow ground as a contingency measure for the Scarborough project at Dampier, Western Australia.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2022-4020) was granted on 2 May 2023 to Recfishwest, 3/45 Northside Drive, Hillarys, Western Australia 6025 (ABN: 77 922 817 608) and the Department of Primary Industries and Regional Development, 1 Nash Street, Perth, Western Australia 6000 (ABN: 18 951 343 745) for the placement of an integrated artificial reef for recreational fishing purposes. The reef comprises 7 repurposed steel monopod platform sections and 40 purpose-built concrete modules, located offshore approximately 20 kilometres north-west of Onslow, Western Australia. This permit is valid until 30 April 2055.
  • A permit (SD2022-4021) was granted on 2 May 2023 to Recfishwest, 3/45 Northside Drive, Hillarys, Western Australia 6025 (ABN: 77 922 817 608) and the Department of Primary Industries and Regional Development, 1 Nash Street, Perth, Western Australia 6000 (ABN: 18 951 343 745) for the placement of an integrated artificial reef artificial reef for recreational fishing purposes. The reef comprises 14 repurposed steel monopod platform sections and 80 purpose-built concrete modules, located offshore approximately 19.5 kilometres west of Onslow, Western Australia. This permit is valid until 30 April 2055.
  • A permit (SD2022-4040) was granted on 25 May 2023 to Onslow Marine Support Base Pty Ltd, Suite 3, 105 Forrest Street, Cottesloe, Western Australia 6011 (ABN: 59 167 963 715), for a period of 1 year to load for the purposes of dumping, and to dump up to 33,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the approach channel and inner harbour/turning basin of the Port of Onslow (Beadon Creek), Onslow, Western Australia. This permit is valid until 31 May 2024.
  • A permit (SD2023-4046) was granted on 9 June 2023 to PTTEP Australia Timor Sea Pty Ltd (ACN: 064 126 138) and PTTEP Australasia (Ashmore Cartier) Pty Ltd (ACN: 004 210 164), both of Level 5, 225 St Georges Terrace, Perth, Western Australia 6000, for the dumping (abandonment in-situ) of the Tenacious West-1 ST1 and Oliver-2 wellheads. The decommissioned wellheads are located in the Timor Sea, approximately 260 kilometres northwest of the Kimberly Coastline of Western Australia. This permit is valid until 24 June 2024.

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).

Copies of a decision by the Minister/delegate under the Act may be obtained, upon request, from the Director, Sea Dumping Section, Department of Climate Change, Energy, the Environment and Water, GPO Box 3090, CANBERRA, ACT 2601.

Kaity Bradey

Acting Director

Sea Dumping Section

10 July 2023
 

 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to regulate the dumping of waste materials into the sea, ensuring that such activities are conducted in an environmentally responsible manner. This legislation was introduced to address the potential environmental impacts of sea dumping, such as contamination of marine habitats and harm to marine life, by establishing a permit system and regulatory framework to control and monitor these activities. The Act aims to protect Australia's marine environment while allowing for controlled and necessary disposal of materials at sea. The gazette provides updates on applications for sea dumping permits and the granting of such permits, ensuring transparency and public access to information regarding these activities.

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, including the territorial sea, the contiguous zone, the Exclusive Economic Zone, and the continental shelf of Australia. The Act governs the regulation and control of sea dumping to prevent or mitigate adverse effects on the marine environment. This includes the application process for permits to dump waste or dredged material at sea, as well as the conditions under which these activities can be carried out. The Act covers a broad range of activities and entities, such as corporations, individuals, and government agencies involved in marine activities that may result in sea dumping. The geographic scope of the Act is national, as it applies to all waters within Australian jurisdiction. While the Act is comprehensive, there are certain exclusions and exemptions, such as activities conducted for scientific research under a permit issued by the relevant authority. The Act also allows for the creation of subordinate instruments to extend or restrict its application, such as regulations that provide further details on the permit application process or specific conditions for certain types of dumping activities.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 governs the dumping of waste and other matter at sea. It is important to note that under this Act, the Minister or a delegate can grant permits for sea dumping activities as outlined in Section 18. Applications for such permits must include details of the proposed dumping, and the responsible party must provide relevant information and data to support the application, as required by Section 19. Section 21 permits the Minister to impose conditions on these permits to ensure compliance with environmental protection objectives. Once a permit is granted, the holder must adhere to the terms and conditions set forth, as stipulated in Section 23. It is also crucial to comply with any additional requirements imposed by other Australian laws, as mentioned in Section 24. The Act imposes various obligations on the permit holders. They must ensure that the dumping activities do not harm the marine environment, human health, or property. This includes conducting necessary environmental assessments, monitoring the impact of the dumping, and reporting the findings to the relevant authorities. Permit holders are also required to maintain records of their activities and make them available for inspection upon request. Furthermore, they must comply with any additional conditions imposed by the Minister or delegate to mitigate potential environmental risks associated with the dumping. Breaching the provisions of the Environment Protection (Sea Dumping) Act 1981 can lead to various consequences. Civil penalties can be imposed for non-compliance, with the maximum penalty varying depending on the nature and severity of the offence. For example, a corporation may face a penalty of up to $5.5 million for serious or repeated breaches. Criminal penalties can also be applied, with individuals potentially facing imprisonment for up to five years for knowingly contravening the Act. Additionally, the court may order the permit holder to take corrective action, such as removing the dumped material or implementing additional environmental protection measures. These penalties serve as a deterrent against non-compliance and aim to protect the marine environment from potential harm caused by sea dumping activities.

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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.