Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 January 2022 to 31 March 2022

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 January 2022 to 31 March 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 (SD2022/4018) was received on 24 January 2022 from Onslow Iron Pty Ltd., 1 Sleat Rd, Applecross, Western Australia 6153 (ACN: 612 668 201) to load for the purposes of dumping, and to dump up to 165,000 cubic metres (in-situ) of dredged material, derived from the capital dredging of the Ashburton Infrastructure Project at the Port of Ashburton, Western Australia.
  • An application for a permit (SD2022/4019) was received on 16 February 2022 from 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.
  • An application for a permit (SD2022/4020) was received on 17 February 2022 from Recfishwest,
    Suite 3, 45 Northside Drive, Hillarys, Western Australia 6025 (ABN: 77 922 817 608), and the Western Australian 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, offshore of Thevenard Island, Western Australia.
  • An application for a permit (SD2022/4021) was received on 17 February 2022 from Recfishwest,
    Suite 3, 45 Northside Drive, Hillarys, Western Australia 6025 (ABN: 77 922 817 608), and the Western Australian 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, offshore of Onslow, Western Australia.
  • An application for a permit (SD2022/4022) was received on 25 February 2022 from Recfishwest,
    Suite 3, 45 Northside Drive, Hillarys, Western Australia 6025 (ABN: 77 922 817 608) for the placement of an artificial reef, offshore of Carnarvon, Western Australia.
  • An application for a permit (SD2022/4023) was received on 30 March 2022 from Jadestone Energy (Eagle) Pty Ltd, The Atrium Building, Level 2, 168 St Georges Terrace, Perth, Western Australia 6000 (ACN: 613 671 819), for the abandonment of three steel wellheads (in situ) offshore of Western Australia.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2021/4015) was granted on 1 February 2022 to Transport for NSW, 20-44 Ennis Road, Milsons Point, Sydney, New South Wales, 2061 (ABN: 18 804 239 602), to load for the purposes of dumping, and to dump up to 836,000 cubic metres (in-situ) of dredged material, derived from capital dredging of the Sydney Harbour crossing section of the Western Harbour Tunnel and Beaches Link Project, Sydney, New South Wales.
  • A permit (SD2021/4012) was granted on 10 February 2022 to Southern Ports Authority, 54 Casuarina Drive, Bunbury, Western Australia 6230 (ABN: 30 044 341 250), to load for the purposes of dumping, and to dump up to 4,000,000 cubic metres (in-situ) of dredged material, derived from the maintenance dredging of the outer harbour and approach channel of the Port of Bunbury, Western Australia.
  • A permit (SD2021/4013) was granted on 23 February 2022 to Transport for NSW, 20-44 Ennis Road, Milsons Point, Sydney, New South Wales 2061 (ABN: 18 804 239 602), to load for the purposes of dumping, and to dump up to 80,700 cubic metres (in-situ) of dredged material, derived from capital dredging of the Waverton Wedge section of the submerged tunnel crossing in Sydney Harbour, New South Wales.
  • A permit (SD2020/4005) was granted on 24 March 2022 to Marine and Safety Tasmania,
    18 Hunter Street, Hobart, Tasmania 700 (ABN: 65 826 980 806), for the placement of an artificial reef, offshore of Turners Beach, Tasmania.
  • A permit (SD2021/4017) was granted on 30 March 2022 to Gladstone Ports Corporation Limited,
    45 Wharf Drive, Burnett Heads, Queensland 4670 (ACN: 131 965 896), to load for the purposes of dumping, and to dump up to 30,000 cubic metres (in-situ) of dredged material, derived from capital dredging to create an insurance trench at the Port of Bundaberg, 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). 

Applications received for variations under section 23 of the Act

  • An application for a variation to a permit (SD2014/2642) was received on 1 February 2022 from the Port of Newcastle, Level 4, 252 Wharf Road, Newcastle, New South Wales 2300 (ABN: 97 539 122 070), to extend the permit expiry date from 14 March 2022 to 30 September 2022.

Permit Variations granted under sections 21 and 23 of the Act

  • A variation (No. 1) to a permit (SD2018/3762) was granted on 21 January 2022 to Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone, Queensland 4680 (ACN: 131 965 896),), to load for the purposes of dumping, and to dump up to 521,829 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the channels, swing basins and berths at the Port of Gladstone, Queensland.
  • A variation (No. 1) to a permit (SD2014/2642) was granted on 1 March 2022 to the Port of Newcastle, Level 4, 252 Wharf Road, Newcastle, New South Wales 2300 (ABN: 97 539 122 070), to extend the permit expiry date from 14 March 2022 to 30 September 2022.
  • A variation (No. 1) to a permit (SD2018/3942) was granted on 24 March 2022 to the Port of Townsville Limited, Engineering Building, Benwell Road, Townsville, Queensland 4810 (ACN: 130 077 673), to load for the purposes of dumping, and to dump up to 2,322,939 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the within the inner and outer harbour areas, swing basins and in the Platypus and Sea Channels at the Port of Townsville,  Queensland.

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 refused under section 19 of the Act

An application for a permit (SD2020/3990) was refused on 10 January 2022 to Innovative Reefs Pty Ltd, Unit 1, 12-14 Lloyd Street, Southport, Queensland 4215 (ABN: 65 605 489 281), for the placement of an artificial reef offshore of the Gold Coast, Queensland.

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 by the Australian Parliament to regulate the dumping of waste materials into the sea from vessels and platforms. The Act was introduced to address the problem of unregulated and potentially harmful sea dumping activities that could have adverse effects on marine ecosystems and human health. It establishes a permit system for the dumping of dredged material and other waste into the sea, ensuring that such activities are conducted in an environmentally responsible manner. The policy objective of the Act is to protect the marine environment from pollution and degradation while balancing the need for economic activities that may require sea dumping. This Gazette notice informs the public of recent applications and decisions under the Act, including permits granted, variations to permits, and refusals. It highlights the importance of transparency and public participation in the decision-making process, allowing stakeholders to monitor and provide feedback on sea dumping activities. The notice also provides information on how to access copies of decisions made under the Act, ensuring accountability and access to information for those affected by or interested in sea dumping activities.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to entities and individuals intending to conduct sea dumping activities within Australia's Commonwealth jurisdiction, specifically the disposal of dredged materials and the placement of artificial reefs. The Act governs the permitting process for these activities, ensuring they comply with environmental protection standards. The scope of the Act includes applications for permits, variations to existing permits, and refusals, all of which must be lodged with the Minister for the Environment or their delegate. The Act covers all states and territories within Australia, providing a consistent regulatory framework for managing marine environmental impacts from sea dumping activities. There are no specific exclusions or exemptions mentioned within the Act, but the Minister has discretion to refuse permits if activities are deemed harmful to the marine environment. The Act also allows for the extension of permits through variations, subject to the Minister's approval. The Act’s provisions can be further refined through subordinate instruments, which may introduce additional conditions or requirements for the permits and variations.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 governs the disposal of waste materials into the sea, requiring permits for certain activities. Under section 18, applications for permits must be submitted to the Minister, and the Act stipulates what information must be included (section 20). Once a permit is granted under section 19, the permit holder is authorised to carry out the approved sea dumping activities. Section 21 allows for the variation of existing permits, provided the conditions are met, and section 23 outlines the process for these variations. The Act also allows for the refusal of permit applications under section 19, which must be communicated to the applicant. The Act imposes several obligations on the permit holders. They must comply with the conditions outlined in their permits, ensuring that the dumping activities do not harm the marine environment (section 19(3)). Permit holders must also submit reports to the Minister as required under section 22, detailing the activities carried out and any environmental impacts observed. Additionally, section 24 requires the Minister to review permits periodically and take action if the permit conditions are not being met. Breaches of the Act can lead to significant legal consequences. Section 146 outlines the offences related to sea dumping without a permit, which can result in substantial fines. For instance, individuals can be fined up to $66,000, while bodies corporate face fines up to $330,000. Additionally, section 147 addresses the unauthorised disposal of waste, with penalties of up to $1,100,000 for individuals and $5,500,000 for bodies corporate. These penalties reflect the severity of environmental damage and the importance of compliance with the Act.

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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.