ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 July 2021 to 30 September 2021
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 (SD2021/4008) was received on 2 July 2021 from 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 2,000,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the shipping channel, turning basins, product loading facility and material offloading facility within the Port of Ashburton, Western Australia.
- An application (SD2021/4009) was received on 2 July 2021 from 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 190,000 cubic metres (in-situ) of dredged material, derived from capital dredging of the Port Hedland Spoilbank Marina, at Port Hedland, Western Australia.
- An application (SD2021/4010) was received on 13 July 2021 from 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, New South Wales.
- An application (SD2021/4011) was received 9 August 2021 from Eni Australia Limited, 226 Adelaide Terrace, Perth, Western Australia, 6000 (ABN: 40 009 475 389), to abandon a wellhead guide base, anchors and chain associated with the Woollybutt field, offshore Western Australia.
- An application (SD2021/4012) was received on 20 September 2021 from 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.
Permits granted under sections 19 and 21 of the Act
A permit (SD2021/4007) was granted on 13 July 2021 to Robe River Mining Co. Pty. Limited, Central Park, 152 – 158 St Georges Terrace, Perth, Western Australia, 6000 (ACN: 008 694 246), to load for the purposes of dumping, and to dump up to 500,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of berths, tug pens, swing basins and approach/departure channels at the Cape Lambert port facilities, Western Australia.
The Minister/delegate did not require the permit to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Permit Variations granted under sections 21 and 23 of the Act
A variation (No.1) to a permit (SD2009/1322) was granted on 22 July 2021 to API Management Pty Limited, Aquila Centre, Como, Western Australia, 6152 (ABN 66 112 677 595) to extend the permit expiry date by two years, from 15 May 2023 to 15 May 2025.
The Minister/delegate did not require the variation to the permit 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 (SD2016/3242), granted on 16 June 2016 to Robe River Mining Co. Pty. Limited, Central Park, 152 – 158 St Georges Terrace, Perth, Western Australia, 6000 (ACN: 008 694 246), to load for the purposes of dumping, and to dump up to 400,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging within the Cape Lambert Port Facilities, Cape Lambert, Western Australia, was revoked 13 July 2021.
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
Director
Sea Dumping Section
6 January 2022
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted to address the issue of environmental degradation caused by the dumping of waste and other materials into the sea, which can have serious consequences for marine ecosystems and human health. The Act provides a framework for regulating the dumping of waste at sea and for ensuring that such activities are carried out in a manner that minimises harm to the environment. The policy objective of the Act is to protect the marine environment from the adverse effects of sea dumping, while also balancing the need for economic development and other legitimate uses of the sea. The Act was enacted by the Parliament of Australia and applies to all sea dumping activities within Australian jurisdiction. The Act requires that permits be obtained for certain types of sea dumping activities, and sets out the conditions that must be met in order for a permit to be granted.
During the period from 1 July 2021 to 30 September 2021, several applications for sea dumping permits were received and processed under the Act. These included applications for the dumping of dredged material from various ports and harbours around Australia, as well as an application to abandon a wellhead guide base and associated equipment offshore Western Australia. The applications were assessed in accordance with the requirements of the Act, and permits were granted or variations made to existing permits where appropriate. In some cases, permits were revoked where the conditions of the permit were not being met. The details of these applications and the decisions made in relation to them are published in the Gazette as required by the Act.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity proposing to carry out sea dumping activities within Australian waters, including territorial seas, the exclusive economic zone, and the continental shelf. These activities encompass the loading, dumping, or disposal of dredged material, waste, or other matter into the sea. The Act specifically targets industries such as maritime operations, port management, and offshore activities that may necessitate sea dumping for operational purposes, such as maintaining navigable channels or disposing of dredged material. The Act’s jurisdictional reach is Commonwealth-wide, extending to all Australian waters under federal jurisdiction. However, the Act does not cover activities within state waters, which are generally defined as three nautical miles from the coastline. The Act includes provisions for applications, permits, and the potential for permit variations or revocations, with certain activities exempted from the need for an assessment under the Environment Protection and Biodiversity Conservation Act 1999. Subordinate instruments, such as regulations, may further define specific aspects of the Act, including procedural details and additional criteria for permits.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (the Act) contains provisions for the management and regulation of sea dumping activities. Section 18 (1) requires an applicant to submit an application to the Minister for approval before undertaking sea dumping activities. Section 19(1) authorises the Minister to grant a permit for sea dumping if satisfied that the proposed dumping will not cause harm to the marine environment. Section 21(1) allows the Minister to vary the conditions of a sea dumping permit, while section 23(1) provides for the cancellation or suspension of a permit under certain circumstances. Section 20(1)(b) empowers the Minister to revoke a permit if the permit holder fails to comply with the conditions of the permit. Section 25 requires the Minister to publish certain details of applications and permits in the Gazette.
The Act imposes several obligations on permit applicants and holders. Permit applicants must submit a detailed application to the Minister, including information about the proposed sea dumping activities, the potential environmental impacts, and measures to mitigate those impacts (Section 18). Permit holders must comply with the conditions of their permit, including any conditions related to the monitoring and reporting of their sea dumping activities (Section 21). The Act also requires permit holders to notify the Minister of any changes to their proposed sea dumping activities (Section 22).
Breach of the Act or the conditions of a sea dumping permit may result in civil or criminal penalties. Under section 206, a person who contravenes a condition of a permit is liable to a fine of up to $1,215,000 for a corporation, and up to $243,000 for an individual. Under section 208, a person who causes harm to the marine environment as a result of sea dumping activities may be liable to a fine of up to $1,215,000 for a corporation, and up to $243,000 for an individual. Under section 209, a person who engages in sea dumping activities without a permit, or in contravention of the Act or the conditions of a permit, is liable to a fine of up to $607,500 for a corporation, and up to $121,500 for an individual. In addition, under section 210, a person who causes harm to the marine environment as a result of unauthorised sea dumping activities may be liable to a fine of up to $607,500 for a corporation, and up to $121,500 for an individual.
It is important for permit applicants and holders to understand their obligations under the Act and to comply with the conditions of their permit to avoid potential civil or criminal liability. The Act provides a framework for the regulation of sea dumping activities to protect the marine environment, and it is essential that permit holders take their obligations seriously to avoid harm to the environment and potential penalties.