ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 April 2024 to 30 June 2024
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 (SD2024-4062) was received on 5 June 2024 from WA Recreational and Sportfishing Council (Inc.), trading as Recfishwest, Suite 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 up to 420 purpose-built concrete modules, located offshore approximately 16.7 kilometres north-west of Gantheaume Point, Broome, Western Australia.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2023-4054) was granted on 22 April 2024 to WA Recreational and Sportfishing Council (Inc.), trading as Recfishwest, Suite 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. This permit is valid until 22 April 2056.
Applications received for permit variations under section 23 of the Act
- An application for a variation to a permit (SD2019-3962) was received on 31 May 2024 from Pilbara Ports Authority, Level 5, 999 Hay Street, Perth, Western Australia 6000 (ABN: 94 987 448 870). The variation sought to extend the term of the permit, from 17 June 2024 (current expiry) to 30 April 2025.
Permit variations granted under sections 21 and 23 of the Act
- A variation (No.2) to a permit (SD2019-3962) was granted on 12 June 2024 to Pilbara Ports Authority, Level 5, 999 Hay Street, Perth, Western Australia 6000 (ABN: 94 987 448 870). The variation extended the term of the permit, from 17 June 2024 to 30 April 2025.
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.
Heather Agnew
Director
Sea Dumping Section
8 July 2024
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the issue of environmental degradation caused by the disposal of waste materials at sea. The Act seeks to regulate the dumping of materials at sea, ensuring that such activities do not harm the marine environment. It establishes a framework for the issuance of permits for sea dumping activities and provides for the review and enforcement of these permits to ensure compliance with environmental standards. The policy objective of the Act is to protect and preserve the marine environment from the adverse effects of sea dumping, thereby contributing to the overall sustainability and health of Australia’s marine ecosystems. The Act operates in conjunction with other environmental protection laws, such as the Environment Protection and Biodiversity Conservation Act 1999, to provide a comprehensive approach to environmental regulation.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 governs the regulation of sea dumping activities within Australian waters, including Commonwealth, state, and territory jurisdictions. The Act applies to any person or entity proposing to engage in sea dumping activities, which include the disposal of waste, dredged material, or other matter into the sea. This encompasses industries involved in maritime operations, construction, and waste management. The Act mandates that permits must be obtained for specific sea dumping activities, with the scope of these activities typically subject to environmental impact assessments to mitigate adverse effects on marine ecosystems. The Act's reach extends to all coastal and offshore waters under Australian jurisdiction, ensuring a comprehensive approach to marine environmental protection. Exclusions and exemptions are outlined within the Act, and additional conditions or restrictions may be imposed through subordinate instruments. The application and permit processes detailed in the Act are essential for maintaining environmental integrity and ensuring compliance with national and international environmental standards.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 provides the framework for the regulation of sea dumping activities in Australia. Section 18(1) of the Act details the application process for permits required for sea dumping activities, including the submission of specific details about the proposed activity. Under section 19, the Act allows the Minister to grant permits subject to certain conditions that are outlined in the application. Section 21 further stipulates the criteria that must be met for a permit to be issued, including considerations of environmental impact. Section 23 deals with the variation of existing permits, allowing for changes to be made under specific circumstances.
Entities applying for permits under the Act must provide comprehensive information about the proposed sea dumping activities, including the type of material to be dumped, the location, and the potential environmental impact. These requirements are outlined in section 18(2). Additionally, permit holders must comply with all conditions stipulated in their permits, ensuring that their activities do not cause harm to the marine environment. The Act also mandates that permit holders report any incidents or non-compliance to the relevant authorities.
Breaches of the Act can lead to significant legal consequences. Section 51 of the Act provides that any person who contravenes the Act or the conditions of a permit may be subject to civil penalties. The maximum penalty for individuals is $500,000 or, in the case of a body corporate, $2,500,000. Furthermore, under section 52, criminal penalties can be imposed for more serious breaches. The maximum penalty for individuals is $5.5 million or imprisonment for up to 10 years, or both. For bodies corporate, the maximum penalty is $27.5 million. These provisions ensure that there are robust deterrents against non-compliance with the Act's requirements.