ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 January 2026 to 31 March 2026
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 (SD2026-4089) was received on 29 January 2026 from Pacific Tug Australia Pty Ltd, 8/119 Colburn Ave Victoria Point, Queensland 4165 (ACN: 630 704 684) for a 5-year permit to load for the purposes of dumping, and to dump up 300,000 cubic metres (in-situ) of dredged material derived from the capital and maintenance dredging of the Marine Industry Site located at the Port of Bundaberg, Queensland.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2025-4075) was granted on 12 February 2026 to RTA Weipa Pty Ltd, 155 Charlotte St, Brisbane, Queensland 4000 (ACN: 137 266 285), 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. This permit is valid until 30 November 2029.
- A permit (SD2025-4087) was granted on 20 March 2026 to the Department of Defence, Russell Offices, Canberra, Australian Capital Territory 2600 (ABN: 68 706 814 312), for the dumping of the former hydrographic survey vessel, the HMAS Melville, offshore in Commonwealth waters southeast of Jervis Bay, New South Wales. This permit is valid until 30 September 2026.
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 (SD2016-3462) was received on 18 February 2026 from Pilbara Iron Pty Ltd, Level 22 Central Park, 152-158 Georges Terrace, Perth, Western Australia 6000 (ACN: 107 216 535). The variation sought to extend the permit period by 3 months. Located at the Port of Dampier, Western Australia.
Permit variations granted under sections 21 and 23 of the Act
- A variation (No. 1) to a permit (SD2023-4058) was granted on 20 January 2026 to Newcastle Port Corporation trading as Port Authority of NSW, PO Box 25, Millers Point, New South Wales 2000 (ABN: 50 825 884 846). The variation extended the permit period by 19 months from 28 February 2026 to 30 September 2027. The permit is for the loading for the purposes of dumping, and to dump up to 18,100 cubic metres of material derived from the Overseas Passenger Terminal Bert at Circular Quay, Sydney, New South Wales. The permit is valid until 30 September 2027.
- A variation (No. 3) to a permit (SD2016-3462) was granted on 26 February 2026 to Pilbara Iron Pty Ltd, Level 22 Central Park, 152-158 Georges Terrace, Perth, Western Australia 6000 (ACN: 107 216 535). The variation extended the permit period by 3 months from 28 February 2026 to 31 May 2026. The permit is for the loading for the purposes of dumping, and to dump up to 1,113,116 cubic metres of dredged material (in-situ; remaining from the original total of 1,225,000 cubic metres), derived from the maintenance dredging of areas within the berths, swing basins and departure channels associated with the East Intercourse Island and Parker Point port facilities at the Port of Dampier in Dampier, Western Australia. This permit is valid until 31 May 2026.
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).
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
1 April 2026
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the problem of the uncontrolled and potentially harmful disposal of waste materials into the marine environment. This legislation was introduced to regulate the dumping of substances into the sea, aiming to protect the marine ecosystem from pollution and degradation. The Act provides a framework for the granting of permits for sea dumping, ensuring that any such activities are conducted in a manner that minimises environmental harm. It is designed to balance the need for economic activities with the imperative of environmental conservation, thereby contributing to the overarching policy objective of sustainable environmental management. Under this Act, the Minister or a delegate is empowered to grant permits for sea dumping activities, subject to certain conditions and controls, thus facilitating responsible marine waste management while safeguarding the health of marine environments.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity that proposes to undertake sea dumping activities within Australian waters, including Commonwealth, state, and territory waters. This encompasses various industries and types of conduct, such as dredging operations, the disposal of vessels, and other forms of material dumping at sea. The Act sets out the regulatory framework for the issuance of permits for sea dumping, ensuring that such activities are managed in an environmentally responsible manner. Applications for permits must be submitted to the Minister or a delegate, who assesses the application and decides whether to grant or refuse the permit. The Act also provides for the variation of existing permits to accommodate changes in operational requirements or environmental considerations. The Act’s reach is national, applying uniformly across all jurisdictions within Australia. Notably, the Act does not apply to certain types of dumping activities that are governed by other legislative instruments, such as those regulated under the Environment Protection and Biodiversity Conservation Act 1999. The Act allows for the extension of its application through subordinate instruments, which may include regulations or guidelines detailing specific procedures and criteria for permit applications and variations.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 outlines the regulatory framework for the disposal of waste materials into marine environments. The Act provides specific mechanisms for the application and granting of permits for sea dumping activities, as stipulated in sections 18, 19, and 21. Section 18 requires that an application for a permit to dump waste materials must be submitted to the Minister or delegate. Section 19 authorises the Minister or delegate to grant such permits, subject to certain conditions, and section 21 outlines the terms and conditions under which these permits can be issued. This legislative process ensures that entities intending to carry out sea dumping activities comply with environmental regulations designed to protect marine ecosystems.
Under this Act, the primary obligations imposed on the parties or entities include the requirement to submit detailed applications for permits, which must include information on the type and quantity of material to be dumped, the location, and the proposed method of disposal. Additionally, permit holders must adhere to the specific conditions outlined in their permits, which may include environmental safeguards and monitoring requirements. These obligations are intended to ensure that sea dumping activities are conducted in a manner that minimises environmental harm.
Breaching the terms of a permit or failing to comply with the requirements of the Act can result in significant legal consequences. Section 24 of the Act provides that any person who contravenes a condition of a permit commits an offence. Such offences can lead to criminal penalties, including fines of up to $66,000 for individuals and $330,000 for bodies corporate, as stipulated in section 25. Additionally, civil penalties may apply, which can further compound the financial and reputational damage to the offending party. These stringent penalties are designed to enforce compliance and deter any activities that could potentially harm the marine environment.