Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 January 2024 to 31 March 2024

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

Legislation au C2024G00235 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 2024 to 31 March 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 (SD2023-4058) was received on 4 December 2023* from Newcastle Port Corporation (trading as the Port Authority of New South Wales), PO Box 25, Millers Point, New South Wales 2000 (ABN: 50 825 884 846), to load for the purposes of dumping, and to dump up to 18,100 cubic metres (in-situ) of capital dredged material, derived from the Overseas Passenger Terminal Berthing Infrastructure Project in Sydney, New South Wales. This application replaces application SD2020-4001, received by the department on 18 November 2020, which was withdrawn on 28 November 2023.

* This notice was inadvertently omitted from the previous gazette notice for the period 1 October 2023 to 31 December 2023.

  • An application (SD2023-4061) was received on 14 February 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 420 purpose-built concrete modules, located offshore approximately 40 kilometres north-west of Port Hedland, Western Australia. This application replaces application SD2023-4049, received by the department on 29 March 2023, which was withdrawn on 8 August 2023.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2022-4030) was granted on 8 February 2024 to Woodside Energy Scarborough Pty Ltd (ACN: 650 177 227), Mia Yellagonga, Karlak, 11 Mount Street, Perth, Western Australia 6000, for the dumping (abandonment in-situ) of the Thebe-1 exploration wellhead, within petroleum title WA-63-R approximately 280 kilometres north-west of Barrow Island off the Pilbara coast of Western Australia. This permit is valid until 28 February 2025.
  • A permit (SD2023-4050) was granted on 27 February 2024 to Maritime Border Command (Department of Home Affairs), Level 4, 3 Molonglo Drive, Canberra Airport, Australian Capital Territory 2609 (ABN: 33 380 054 835) and the Australian Fisheries Management Authority, Level 3, 15 Lancaster Place, Majura Park, Australian Capital Territory 2609 (ABN: 81 098 497 517), for a 5-year permit to load for the purposes of dumping, and to dump up to 350 apprehended vessels at up to 19 disposal sites across northern Australian waters. This permit is valid until 8 March 2029.
  • A permit (SD2023-4058) was granted on 28 February 2024 to Newcastle Port Corporation (trading as the Port Authority of New South Wales), PO Box 25, Millers Point, New South Wales 2000
    (ABN: 50 825 884 846), to load for the purposes of dumping, and to dump up to 18,100 cubic metres (in-situ) of capital dredged material, derived from the Overseas Passenger Terminal Berthing Infrastructure Project in Sydney, New South Wales. This permit is valid until 28 February 2026.
  • A permit (SD2022-4043) was granted on 25 March 2024 to Fremantle Port Authority, 1 Cliff St, Fremantle, Western Australia 6160 (ABN: 78 187 229 472), to load for the purposes of dumping, and to dump, up to 80,000 cubic metres (in-situ) of dredged material derived from maintenance dredging at the Port of Fremantle, Western Australia. This permit is valid for 5-years until 31 March 2029.

Permit variations granted under sections 21 and 23 of the Act

  • A variation (No.1) to a permit (SD2020-3997) was granted on 19 January 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). The variation decreased the number of repurposed steel sections to be placed as part of the Saladin Integrated Artificial Reef from 12 to 2 sections. This permit is valid until 31 December 2051.
  • A variation (No.1) to a permit (SD2020-4020) was granted on 19 January 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). The variation decreased the number of repurposed steel sections to be placed as part of the South Thevenard Artificial Reef from 7 to 3 sections. This permit is valid until 30 April 2055.
  • A variation (No.1) to a permit (SD2022-4021) was granted on 19 January 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). The variation decreased the number of repurposed steel sections to be placed as part of the Onslow Artificial Reef from 14 to 6 sections. This permit is valid until 30 April 2055.

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

  • A permit (SD2012-2243) granted to Maritime Border Command (Department of Home Affairs), Level 4, 3 Molonglo Drive, Canberra Airport, Australian Capital Territory 2609 (ABN: 33 380 054 835) and the Australian Fisheries Management Authority, Level 3, 15 Lancaster Place, Majura Park, Australian Capital Territory 2609 (ABN: 81 098 497 517) was revoked on 27 February 2024. The permit was granted on 8 March 2017 and then varied on 23 December 2021, 15 December 2022, 7 September 2023, and 30 November 2023, to load for the purpose of dumping, and to dump, up to 165 wooden vessels in northern Australian waters until 8 March 2024.

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

10 April 2024

 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to address the problem of unregulated or harmful disposal of materials at sea, thereby protecting marine environments from potential contamination and degradation. The Act was introduced by the Parliament of Australia, aiming to establish a regulatory framework governing sea dumping activities. The policy objective is to ensure that any sea dumping undertaken in Australian waters is managed in a way that minimises adverse environmental impacts. This Act provides the necessary mechanisms for the government to regulate and monitor sea dumping activities, ensuring compliance with environmental protection standards. The Act outlines procedures for the application and granting of permits for sea dumping, including provisions for public notification and opportunities for public comment. It also establishes criteria and conditions that must be met to protect the marine environment and public health. The Act empowers the Minister to revoke or vary permits where necessary to ensure compliance with these environmental standards. This legislative framework is crucial in maintaining the integrity of Australia's marine ecosystems, ensuring sustainable use of marine resources, and protecting biodiversity.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity that proposes to load or dump waste materials at sea, within Australian territorial waters and the Australian Exclusive Economic Zone (EEZ). This encompasses individuals, corporations, and government agencies involved in maritime activities that may result in sea dumping. The Act regulates the dumping of various materials including, but not limited to, capital dredged materials, industrial waste, and decommissioned offshore structures. The geographic scope of the Act extends to the entire Australian maritime jurisdiction, which includes state and federal waters. The Act does not explicitly state exclusions, but it is likely that certain activities may be exempt if they are regulated under other federal or state legislation. The application and enforcement of the Act can be extended or restricted through subordinate instruments such as regulations or guidelines issued by the relevant authorities. The Act is administered by the Department of Climate Change, Energy, the Environment and Water, and compliance is overseen through the issuance of permits, the assessment of applications, and the revocation of permits where necessary.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 outlines the key provisions for managing sea dumping in Australia. Under sections 18 to 21 of the Act, applications for permits are required for various activities, including the loading and dumping of materials at sea. These sections detail the necessary information to be provided in an application, including the type and quantity of material to be dumped, the location, and the proposed methods. Permit variations under sections 21 and 23 of the Act allow for modifications to existing permits, ensuring that the activities can adapt to changing circumstances or new information without requiring a full reapplication. The Act also allows for the revocation of permits under section 20(1)(b) if it is determined that the conditions of the permit are no longer being met or if there is a change in circumstances that warrant the revocation. Entities applying for permits or variations must comply with the requirements set forth in the Act, including providing comprehensive details about the proposed dumping activities. They must also ensure that their activities do not contravene any environmental protection laws or regulations. Additionally, entities must obtain any necessary approvals or assessments from other relevant authorities, such as the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), where required. Failure to adhere to these obligations can result in the refusal of a permit application or the revocation of an existing permit. The Act imposes serious consequences for non-compliance. Under section 28 of the Act, any person who carries out sea dumping activities without a valid permit, or in contravention of the permit conditions, commits an offence. This offence is subject to civil and criminal penalties, including fines and imprisonment. For corporations, the maximum fine can reach up to $210,000 for a single offence, while individuals can face fines up to $42,000. These penalties underscore the importance of adhering to the Act’s provisions and the serious repercussions of non-compliance. The Act aims to protect Australia's marine environment by regulating sea dumping activities effectively and ensuring that all entities involved are aware of and comply with their obligations.

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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.