Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 April 2025 to 30 June 2025

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

Legislation au C2025G00328 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 2025 to 30 June 2025


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 for a permit (SD2025-4080) was received on 5 June 2025 from Santos Ltd, 60 Flinders Street, Adelaide, South Australia 5000 (ACN: 007 550 923) for the dumping (abandonment in-situ) of 6 steel anchors and 6 steel mooring chain legs in the Mutineer, Exeter, Fletcher, and Finucane (MEFF) light crude oil fields. Located approximately 160 km offshore from Dampier, Western Australia.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2024-4071) was granted on 14 April 2025 to John Holland Pty Ltd, 796 Hunter Street, Newcastle West, New South Wales 2304 (ACN: 004 282 268) to load for the purposes of dumping, and to dump up to 1,400 cubic metres (in-situ) of dredged material, derived from the capital dredging of the marine intake structure of the Belmont Desalination Plant, Belmont, New South Wales. This permit is valid until 15 April 2030.
  • A permit (SD2024-4069) was granted on 13 May 2025 to CITIC Pacific Mining Management Pty Ltd, 45 St Georges Terrace, Perth, Western Australia 6000 (ACN: 119 578 371), to load for the purposes of dumping, and to dump up to 35,649 cubic metres (in-situ) of dredged material derived from the capital dredging of the berth pocket and inner harbour at the Sino Iron Terminal at Cape Preston, Western Australia. This permit is valid for 5-years until 14 May 2030.
  • A permit (SD2024-4072) was granted on 14 May 2025 to 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 450,000 cubic metres (in-situ) of dredged material derived from the maintenance dredging of the Pilbara Port Authority’s managed port areas at the Port of Dampier, Western Australia. This permit is valid for 5-years until 14 May 2030.
  • A permit (SD2024-4073) was granted on 24 June 2025 to the Shire of Esperance, 77 Windich Street, Esperance, Western Australia 6450 (ABN: 60 034 434 085) for the placement of an artificial reef for recreational fishing purposes. The reef comprises up to 200 purpose-built concrete modules, located in 40 clusters of 5, adjacent to the Esperance Jetty, Western Australia. This permit is valid until 25 June 2055.

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 permit variations under section 23 of the Act

  • An application for a variation to a permit (SD2009-1322) was received on 15 April 2025 from API Management Pty Limited, 225 St Georges Terrace, Perth, Western Australia 6000 (ACN: 112 677 595). The variation sought to extend the permit period by 2 years.
  • An application for a variation to a permit (SD2016-3462) was received on 1 May 2025 from Pilbara Iron Pty Ltd, Level 22 Central Park, 152-158 Georges Terrace, Perth, Western Australia 6000 (ACN: 107 216 535). The variation sought to extend the permit period by 7 months.

Permit variations granted under sections 21 and 23 of the Act

  • A variation (No.2) to a permit (SD2009-1322) was granted on 15 May 2025 to API Management Pty Limited, 225 St Georges Terrace, Perth, Western Australia 6000 (ACN: 112 677 595) to extend the existing permit period by 6 months. The permit is for the loading for the purposes of dumping, and to dump up to 34 million cubic metres of material derived from the capital dredging of Anketell Point Port development, Anketell Point, Western Australia. This permit is valid until 17 November 2025.
  • A variation (No.2) to a permit (SD2016-3462) was granted on 26 June 2025 to Pilbara Iron Pty Ltd, Level 22 Central Park, 152-158 Georges Terrace, Perth, Western Australia 6000 (ACN: 107 216 535) to extend the existing permit period by 7 months. The permit is for the loading for the purposes of dumping, and to dump up to 1,113,116 cubic metres of dredged material (in-situ; remaining from the original total of 1,225,000 cubic metres), derived from the maintenance dredging of areas within the berths, swing basins and departure channels associated with the East Intercourse Island and Parker Point port facilities at the Port of Dampier in Dampier, Western Australia. This permit is valid until 28 February 2026.

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).

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

1 July 2025

 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to provide a framework for the regulation of sea dumping activities in Australian waters, aiming to protect the marine environment from harmful effects caused by the disposal of waste materials at sea. The Act was introduced to address the problem of unregulated or poorly managed sea dumping that could potentially lead to environmental degradation and harm marine ecosystems. The Act is administered by the Australian Government and overseen by the Department of Climate Change, Energy, the Environment and Water. The primary policy objective of the Act is to ensure that any sea dumping activities are conducted in a manner that minimises adverse environmental impacts, through a system of permits and strict regulatory oversight. The Act requires applicants to seek permits for sea dumping activities, and it empowers the Minister or a delegate to grant, refuse, or impose conditions on these permits to ensure compliance with environmental standards. The gazetted notices serve to inform the public of the applications and decisions made under the Act, fostering transparency and accountability in the regulatory process.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity seeking to dump waste materials into Australia's marine waters, including its territorial sea and Exclusive Economic Zone. This encompasses a broad range of industries, such as oil and gas, dredging, and port management, as evidenced by the applications and permits noted. The Act has national jurisdiction across Australia and is administered by the Commonwealth. There are no exclusions or exemptions explicitly stated in the text, but the Act allows for the issuance of permits under specific conditions. Subordinate instruments may further extend or restrict the application of the Act, such as regulations governing the types of materials that can be dumped or the processes that must be followed. Applications for permits, grants of permits, and variations to existing permits are all subject to the requirements and stipulations of the Act. The Minister or delegate has the authority to assess and approve these applications, and the decision to require an assessment under the Environment Protection and Biodiversity Conservation Act 1999 can be made on a case-by-case basis.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 sets out the legal framework for the regulation of sea dumping in Australia. Under section 18, applications for sea dumping permits must be made and received by the relevant authority. Once an application is received, the authority must decide whether to grant a permit under section 19, which will specify the conditions under which the dumping is allowed. Section 21 allows for the granting of a permit for a specific duration, and section 23 provides for variations to existing permits, such as extensions or changes in scope. The Act also includes provisions for the Minister or delegate to determine whether an assessment under the Environment Protection and Biodiversity Conservation Act 1999 is required for a particular permit or variation. Entities applying for or holding a sea dumping permit are subject to several obligations. Firstly, they must ensure that any proposed sea dumping activities comply with the conditions specified in their permit, as outlined in section 19 of the Act. This includes adhering to the specified locations, quantities, and types of materials to be dumped. Secondly, they must monitor and report on the environmental impact of their dumping activities, as required by the permit conditions. Furthermore, they must notify the relevant authority of any changes to the planned activities or if the dumping is not carried out as permitted. The authorities are responsible for reviewing applications and variations to ensure compliance with environmental protection objectives. The Act imposes penalties for non-compliance with its provisions. Under section 37, any person who dumps material at sea in contravention of the Act, or who fails to comply with a permit condition, is liable for an offence. The penalties for such offences can be significant, with maximum fines of up to $1.1 million for individuals and $5.5 million for bodies corporate, as stipulated in section 38. Additionally, the Act allows for the Director to take enforcement action, including issuing compliance notices or seeking court orders to stop non-compliant activities. The seriousness of the environmental harm caused by non-compliance may also lead to further civil or criminal consequences, reinforcing the importance of adhering to the Act's requirements.

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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.