ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 January 2019 to 31 March 2019
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 (SD2019-3962) was received on 12 March 2019 from Pilbara Ports Authority,
ABN: 94 987 448 870, for a permit to load for the purposes of dumping, and to dump up to 1,500,000 cubic metres of dredged material, derived from maintenance dredging of Pilbara Ports Authority facilities within the Port of Dampier, Western Australia.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2018-3902) was granted on 28 February 2019 to Southern Dredging Pty Ltd, 1/260 Captain Cook Drive, Kurnell, New South Wales, 2231, ACN: 624 473 463, to load for the purposes of dumping, and to dump up to 13,500 cubic metres of seabed material derived from maintenance dredging at Sylvania Waters and Woronora River, New South Wales.
The Minister/delegate did not require the permit 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 to a permit (SD2016/3242) was received on 27 February 2019 from
Robe River Mining Co. Pty Ltd, 152-158 St Georges Terrace, Perth, Western Australia 6000,
ACN: 008 694 246, to extend the permit until 31 March 2020 for the disposal of 400,000 cubic metres of dredged material, derived from maintenance dredging of the Cape Lambert Port Operation, Cape Lambert Western Australia.
Permit Variations granted under sections 21 and 23 of the Act
- A variation (Number 1) to a permit (SD2008/1062) was granted on 22 January 2019 to the Department of Industry, ABN: 72 189 919 072, to vary the name of the permit holder and revise the conditions of the permit to provide compliance with website publishing conditions for the Ex-HMAS Adelaide Artificial Reef, offshore of Avoca, New South Wales.
- A variation (Number 1) to a permit (SD2016/3242) was granted on 22 March 2019 to Robe River Mining Co. Pty Ltd, 152-158 St Georges Terrace, Perth, Western Australia 6000, ACN: 008 694 246 to extend the permit until 31 March 2020 for the disposal of 400,000 cubic metres of dredged material, derived from maintenance dredging of the Cape Lambert Port Operation, Cape Lambert Western Australia.
Copies of a decision by the Minister/delegate under the Act may be obtained, upon request, from the Director, Queensland South 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
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted to address the issue of the disposal of waste materials into the sea, aiming to prevent or reduce the pollution of the marine environment. This Act was introduced by the Australian Parliament and its primary policy objective is to regulate the dumping of substances into the sea, ensuring that such activities are conducted in a manner that minimises environmental harm. The Act provides a framework for the granting and variation of permits for sea dumping activities, requiring that applications and decisions be published in the Gazette to ensure transparency and public accountability. The Act operates in conjunction with other environmental legislation, such as the Environment Protection and Biodiversity Conservation Act 1999, to ensure comprehensive protection of the marine environment.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to engage in sea dumping activities within Australian waters. This includes entities involved in the maintenance dredging of ports and other maritime operations, as well as those looking to dispose of dredged material or other substances into the sea. The Act regulates the conduct and transactions related to sea dumping, aiming to protect the marine environment from potential harm. The jurisdictional reach of the Act extends across the Commonwealth, including state and territory waters, enforcing a uniform environmental protection standard nationwide. The Act does not specify exclusions, exemptions, or thresholds within the provided text, though the need for a permit generally indicates its applicability to significant sea dumping activities. The application and enforcement of the Act can be further detailed through subordinate instruments, which may specify particular conditions or exceptions relevant to different types of sea dumping activities.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 governs the regulation of sea dumping activities in Australia, ensuring environmental protection and compliance with permit requirements. Section 18 of the Act outlines the process for applying for a permit to dump material at sea, while section 19 details the granting of such permits. Section 21 addresses the conditions that may be imposed on permits, ensuring that the dumping activities are conducted in an environmentally responsible manner. Section 23 covers the variations to existing permits, allowing for adjustments to the terms and conditions of the permits to accommodate changing circumstances or requirements. Section 25 mandates the publication of certain information in the Gazette, ensuring transparency and public awareness of the sea dumping activities.
The Act imposes several obligations and requirements on the parties or entities it governs. Permit applicants, such as Pilbara Ports Authority and Southern Dredging Pty Ltd, must submit detailed applications to the Minister or delegate, outlining the proposed dumping activities, the material to be dumped, and the environmental impact assessment. The Minister or delegate is responsible for assessing the applications and determining whether to grant a permit, taking into account the potential environmental impact and compliance with relevant legislation, such as the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Once a permit is granted, the permit holder must adhere to the conditions specified in the permit, which may include monitoring and reporting requirements, and ensuring that the dumping activities do not cause harm to the marine environment.
Breaching the provisions of the Environment Protection (Sea Dumping) Act 1981 can result in various civil and criminal consequences, depending on the nature and severity of the breach. Under section 34 of the Act, any person who carries out sea dumping activities without a valid permit, or in contravention of the permit conditions, may be liable to a penalty of up to $1,100,000 for a corporation, or $220,000 for an individual, or both. Additionally, section 35 of the Act provides for the imposition of criminal penalties, including fines of up to $66,000 for individuals and $330,000 for corporations, and/or imprisonment for up to two years, for serious or repeated breaches of the Act. These penalties are intended to deter non-compliance and promote adherence to the environmental protection measures established by the Act.