Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 January 2025 to 31 March 2025

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

Legislation au C2025G00214 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 2025 to 31 March 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 (SD2024-4075) was received on 29 January 2025 from RTA Weipa Pty Ltd, 155 Charlotte St, Brisbane, Queensland 4000 (ACN: 137 266 285) for a permit to load for the purposes of dumping, and to dump up to 3.2 million cubic metres (in-situ) of dredged material derived from the capital dredging of the berth pocket and departure channel at the Amrun Port Facility at Weipa, Queensland.
  • An application for a permit (SD2024-4076) was received on 12 February 2025 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 up to 300 purpose-built steel-reinforced concrete modules, located offshore approximately 40 kilometres north-west of Port Hedland, Western Australia. This application replaces application SD2024-4061, received by the department on 14 February 2024, which was withdrawn on 31 January 2025.
  • An application for a permit (SD2024-4077) was received on 6 March 2025 from Candour Funerals Pty Ltd, 5 Bennetts Road, Mornington, Victoria 3931 (ACN: 682 145 982) for a burial at sea located offshore of Portland, Victoria.
  • An application for a permit (SD2024-4078) was received on 6 March 2025 from the Department of Primary Industries and Regional Development, Unit 1, 21 Glasshouse Rocks Road, Narooma, New South Wales 2546 (ABN: 19 948 325 463), for the placement of an artificial reef for increasing or concentrating populations of marine plants and animals and for human recreational purposes. The reef comprises 2 purpose-built steel modules, located offshore approximately 5 kilometres south of Ballina, New South Wales.
  • An application for a permit (SD2024-4079) was received on 6 March 2025 from the Department of Primary Industries and Regional Development, Unit 1, 21 Glasshouse Rocks Road, Narooma, New South Wales 2546 (ABN: 19 948 325 463), for the placement of an artificial reef for increasing or concentrating populations of marine plants and animals and for human recreational purposes. The reef comprises 2 purpose-built steel modules, located offshore approximately 2.5 kilometres south-east of Sawtell, New South Wales.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2024-4064) was granted on 17 January 2025 to OceanR Pty Ltd, trading as Offshore Biotechnologies, Level 3, 28 Kay Street, Traralgon, Victoria 3844 (ACN: 656 378 862) and Director of Parks Australia, John Gorton Building, King Edward Terrace, Parkes, Australian Capital Territory 2600 (ABN: 13 051 694 963) for the placement of an artificial reef for research purposes. The reef comprises purpose-built structures consisting of 64 concrete mats, 36 limestone aggregate reefs and 8 recycled bivalve shell reefs, located offshore approximately 12 kilometres south of Cape Otway, Victoria, in the north-west corner of Apollo Marine Park. This permit is valid until 17 January 2055.
  • A permit (SD2024-4065) was granted on 25 February 2025 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) for the placement of an artificial reef for recreational fishing purposes. The reef comprises up to 48 purpose-built concrete modules, located offshore approximately 29 kilometres north north-west of Dampier, Western Australia. This permit is valid until 26 February 2057.
  • A permit (SD2025-4077) was granted on 12 March 2025 to Candour Funerals Pty Ltd, 5 Bennetts Road, Mornington, Victoria 3931 (ACN: 682 145 982) for a burial at sea located offshore of Portland, Victoria. This permit is valid until 12 April 2025.

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 (SD2018-3942) was received on 10 January 2025 from the Port of Townsville Limited, Engineering Building, Benwell Road, Townsville, Queensland 4810
    (ACN: 130 077 673). The variation sought to extend the permit period by 12 months.

Permit variations granted under sections 21 and 23 of the Act

  • A variation (No.3) to a permit (SD2018-3942) was granted on 6 March 2025 to the Port of Townsville Limited, Engineering Building, Benwell Road, Townsville, Queensland 4810 (ACN: 130 077 673) to extend the existing permit period by 12 months. The permit is for the loading for the purposes of dumping, and to dump up to 1,176,027 of dredged material (in-situ; remaining from the original total of 4,050,000 cubic metres), derived from maintenance dredging of the inner and outer harbour areas, swing basins and in the Platypus and Sea Channels at the Port of Townsville, Queensland. This permit is valid until 31 May 2026.

The Minister/delegate did not require the variation to this permit 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

14 April 2025

 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the environmental impacts of sea dumping, ensuring that any disposal of waste into marine environments is regulated to protect marine ecosystems and human health. The Act provides a framework for the control of sea dumping activities, allowing for the issuance of permits and setting out the conditions under which such activities can be carried out. The policy objective of the Act is to safeguard the marine environment from harmful impacts of waste disposal while allowing for sustainable and responsible practices where necessary. The Act establishes a system for reviewing applications for permits, variations to permits, and the imposition of conditions on permits, ensuring that any sea dumping activities are conducted in an environmentally responsible manner.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to undertake activities that involve the dumping of waste or other matter into the sea from vessels, aircraft, or any other means. This legislation applies to the Commonwealth, covering all Australian waters, including the territorial sea, the contiguous zone, the Exclusive Economic Zone, and the continental shelf. The Act does not explicitly outline exclusions or exemptions, but permits and variations are subject to stringent environmental impact assessments. The Act's application can be extended or restricted through subordinate instruments, such as regulations or guidelines, issued under the authority of the Act. The Act governs activities such as the dumping of dredged material, the placement of artificial reefs, and burials at sea, as evidenced by the permit applications and grants mentioned in the gazette. The geographic scope of these activities spans various states, including Queensland, Western Australia, New South Wales, and Victoria, highlighting the Act's comprehensive jurisdictional reach.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) regulates the disposal of materials into the marine environment, providing a framework for issuing permits for such activities. Section 18 allows individuals or entities to apply for permits to dump materials into the sea, while section 19 permits the Minister or their delegate to grant these permits, subject to the conditions specified in the Act. The Act also allows for permit variations under section 23, which can be requested to modify the terms of an existing permit. Section 21 of the Act outlines the procedures for the assessment and granting of permits, ensuring that all applications are thoroughly reviewed to comply with environmental protection standards. Entities applying for permits under the Act are required to submit detailed applications that include information about the materials to be dumped, the location, and the proposed method of disposal. The applications must also detail any environmental impact assessments conducted and measures proposed to mitigate any adverse effects on the marine environment. Permit holders must adhere to the specific conditions set forth in their permits, which can include restrictions on the amount and type of material dumped, the location, and the timing of the activity. Additionally, the Act mandates that permit holders monitor the environmental impact of their activities and report any findings to the relevant authorities. Failure to comply with the requirements of the Act can result in significant legal consequences. Under section 43, any person who carries out activities in contravention of a permit or the Act can face criminal penalties, including fines of up to $500,000 for individuals and $2.5 million for corporations. Additionally, under section 45, civil penalties can be imposed for non-compliance, with fines escalating based on the severity and duration of the breach. The Act also provides for the recovery of costs incurred by the Commonwealth in addressing any environmental harm resulting from non-compliant activities.

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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.