Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 January 2023 to 31 March 2023

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

Legislation au C2023G00438 In force Gazette

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 January 2023 to 31 March 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 (SD2023-4047) was received on 9 January 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 integrated artificial reef for recreational fishing purposes. The reef comprises 2 repurposed steel jacket sections and 104 purpose-built concrete modules, located approximately 6 kilometres offshore of Varanus Island, Western Australia.
  • An application (SD2023-4046) was received on 10 January 2023 from PTTEP Australia Timor Sea Pty Ltd (ABN: 70 064 126 138) and PTTEP Australasia (Ashmore Cartier) Pty Ltd (ABN: 27 004 210 164), 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 wellheads have been decommissioned from petroleum title areas AC/RL4 and AC/RL12 respectively, located in the Timor Sea, approximately 260 kilometres northwest of the Kimberly Coastline of Western Australia.
  • An application (SD2023-4048) was received on 23 January 2023 from Reef Catchments (Mackay Whitsunday Isaac) Limited, 1/85 Gordon Street, Mackay, Queensland 4740 (ABN: 26 873 357 348) and Mackay Regional Council, Sir Albert Administration Building, 73 Gordon Street, Mackay,
    Queensland 4740 (ABN: 56 240 712 069), for the placement of an artificial reef for recreational fishing purposes. The reef comprises up to 30 purpose-built steel-reinforced concrete modules, located approximately 5 kilometres offshore of Mackay, Queensland.
  • An application (SD2023-4049) was received on 29 March 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 integrated artificial reef for recreational fishing purposes. The reef comprises 25 steel piles, 15 steel and concrete headstocks and 96 purpose-built concrete modules, located approximately 40 kilometres offshore of Port Hedland, Western Australia.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2022-4041) was granted on 1 February 2023 to Pilbara Ports Authority, Level 5, 999 Hay St, Perth, Western Australia 6000 (ABN: 94 987 448 870), for a period of 5-years to load for the purposes of dumping, and to dump up to 2,500,000 cubic metres (in-situ) of dredged material derived from maintenance dredging of the berths, tug pens, mooring areas, swing basins and channels of the Port of Port Hedland, Western Australia. This permit is valid until 1 February 2028.
  • A permit (SD2022-4042) was granted on 1 February 2023 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 180,000 cubic metres (in-situ) of dredged material derived from capital dredging for the Channel Entrance Project at the Port of Port Hedland, Western Australia. This permit is valid
    until 31 July 2026.
  • A permit (SD2022-4034) was granted on 17 February 2023 to the Department of Transport, 5 Newman Court, Fremantle, Western Australia 6160 (ABN: 27 285 643 255), to load for the purposes of dumping, and to dump up to 230,000 cubic metres (in-situ) of dredged material derived from capital dredging of the Casuarina Boat Harbour, Bunbury, Western Australia. This permit is valid until 20 February 2028.
  • A permit (SD2021-4011) was granted on 2 March 2023 to Eni Australia Limited, 226 Adelaide Terrace, Perth, Western Australia 6000 (ABN: 40 009 475 389), for the dumping (abandonment in-situ) of Corkybark-1 wellhead and guide base, 6 stevshark anchors and 6 mooring chains, in the Woollybutt Field offshore of Western Australia. This permit is valid until 2 March 2024.
  • A permit (SD2022-4037) was granted on 22 March 2023 to the Department of Regional NSW,
    Unit 1, 21 Glasshouse Rocks Road, Narooma, New South Wales 2546 (ABN: 19 948 325 463), for the placement of an artificial reef for recreational fishing purposes. The reef comprises 2 purpose-built steel modules, located approximately 5 kilometres offshore of Terrigal Haven, New South Wales. This permit is valid until 31 May 2053.
  • A permit (SD2022-4038) was granted on 22 March 2023 to the Department of Regional NSW,
    Unit 1, 21 Glasshouse Rocks Road, Narooma, New South Wales 2546 (ABN: 19 948 325 463), for the placement of an artificial reef for recreational fishing purposes. The reef comprises 2 purpose-built steel modules, located approximately 3 kilometres offshore of Forster, New South Wales. This permit is valid until 31 May 2053.

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).

Permits revoked under Section 20(1)(b) of the Act

  • A permit (SD2017-3702), granted on 3 July 2018 to Pilbara Ports Authority, Level 5, 999 Hay Street, Perth, Western Australia 6000 (ABN: 94 987 448 870), to load for the purposes of dumping, and to dump, up to 2,500,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the Port of Port Hedland, Western Australia was revoked on 1 February 2023. The original expiry date for this permit was 31 June 2023.

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

12 April 2023
 

 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the issue of environmental degradation caused by sea dumping, particularly the disposal of waste materials into marine environments. This legislation aims to protect the marine environment by regulating the dumping of waste materials at sea, thereby ensuring sustainable practices that minimise environmental impact. The Act establishes a permit system for sea dumping activities, allowing the Minister or a delegate to issue, modify, or revoke permits based on environmental assessments and compliance with specific conditions. The policy objective of the Act is to prevent, reduce, and control pollution of the marine environment from sea dumping, thereby safeguarding marine ecosystems and human health. The Act's provisions empower the responsible authorities to monitor and enforce compliance with the regulations, ensuring that sea dumping activities are conducted in a manner that protects the marine environment.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to all persons and entities intending to undertake sea dumping activities within Australian waters. This includes the dumping of dredged material, waste, and other substances into the sea, as well as the placement of objects for specific purposes such as artificial reefs for recreational fishing. The Act covers both Commonwealth and state waters, encompassing marine environments under federal jurisdiction and state territorial seas. There are no explicit exclusions or exemptions mentioned in the provided text, but the Act does allow for the revocation of permits under certain conditions, such as when an application is no longer compliant with environmental standards or when the permit holder fails to adhere to the terms and conditions of the permit. The scope of the Act can be extended or restricted through subordinate instruments, such as regulations and guidelines, which may further detail the specific requirements and procedures for obtaining and managing sea dumping permits. The Act's application is primarily managed by the Director, Sea Dumping Section, Department of Climate Change, Energy, the Environment and Water.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) contains several key sections that govern the regulation of sea dumping activities in Australian waters. Under section 18, the Act provides for the application process for sea dumping permits, which must be submitted to the Minister for the Environment. Section 19 allows the Minister to grant permits for sea dumping activities, while section 21 permits the Minister to impose conditions on these permits, as necessary. The Act also provides for the revocation of permits under section 20(1)(b), which can occur if the permit holder fails to comply with the conditions of the permit or other relevant laws. Additionally, section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) may apply to some sea dumping activities, requiring an assessment of the potential environmental impacts. The Act imposes several obligations and requirements on parties or entities seeking to engage in sea dumping activities. These include the submission of a permit application, which must include details of the proposed dumping activity, the location, and the type of material to be dumped (section 18). Permit holders are also required to comply with any conditions imposed on their permits, such as restrictions on the timing or location of dumping activities (section 21). The Act also requires permit holders to monitor and report on the environmental impacts of their activities, as well as to take any necessary measures to mitigate any adverse impacts (section 22). Failure to comply with these obligations may result in the revocation of the permit (section 20(1)(b)). Breach of the provisions of the Act may result in a range of civil and criminal consequences. Under section 20(1)(b), the Minister may revoke a permit if the permit holder fails to comply with the conditions of the permit or other relevant laws. In addition, section 23 of the Act provides for the imposition of fines and other penalties for breach of the Act, including fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as imprisonment for up to five years. Section 24 also allows for the recovery of costs incurred by the Commonwealth in taking enforcement action. Furthermore, section 25 requires the publication of details of permit applications and decisions in the Gazette, providing transparency and accountability in the permitting process.

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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.