Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 July 2022 to 30 September 2022

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

Legislation au C2022G01118 In force Gazette

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 July 2022 to 30 September 2022


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 for a permit (SD2022/4033) was received on 12 August 2022 from Australian Industrial Energy Pty Ltd, 171-173 Mounts Bay Rd, Perth, Western Australia 6000 (ABN: 20 624 375 417), to load for the purposes of dumping, and to dump up to 50,000 cubic metres (in-situ) of dredged material, derived from capital dredging at Port Kembla, New South Wales.
  • An application for a permit (SD2022/4034) was received on 16 August 2022 from the Western Australian 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 at the Casuarina Boat Harbour, Bunbury, Western Australia.
  • An application for a permit (SD2022/4035) was received on 18 August 2022 from Sapphire Coast Funerals, 6 Munje Street Pambula, New South Wales 2549 (ABN: 74 634 022 290), for a burial at sea located offshore Bermagui, New South Wales.
  • An application for a permit (SD2022/4036) was received on 1 September 2022 from Gladstone Ports Corporation Limited, 45 Wharf Drive, Burnett Heads, Queensland 4670 (ABN: 96 263 788 242), to load for the purposes of dumping, and to dump up to 2,900,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Bundaberg, Queensland.
  • An application for a permit (SD2022/4037) was received on 2 September 2022 from Department of Regional New South Wales, Unit 1, 21 Glasshouse Rocks Road, Narooma, New South Wales 2546
    (ABN: 19 948 325 463), for the placement of an artificial reef, offshore Terrigal, New South Wales.
  • An application for a permit (SD2022/4038) was received on 2 September 2022 from Department of Regional New South Wales, Unit 1, 21 Glasshouse Rocks Road, Narooma, New South Wales 2546
    (ABN: 19 948 325 463), for the placement of an artificial reef, offshore Forster, New South Wales.
  • An application for a permit (SD2022/4039) was received on 16 September 2022 from Gippsland Ports Committee of Management Incorporated, 97 Main Street, Bairnsdale, Victoria 3875
    (ABN: 98 943 634 870), to load for the purposes of dumping, and to dump up to 5,000,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the inner channels and the bar at Lakes Entrance, Victoria.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2022/4025) was granted on 27 July 2022 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 380,000 cubic metres (in-situ) of dredged material derived from capital dredging to establish a new berth pocket and associated manoeuvring basin for the Dampier Cargo Wharf Extension and Landside Redevelopment Project at the Port of Dampier, Western Australia.
  • A permit (SD2022/4018) was granted on 10 August 2022 to Onslow Infraco Pty Ltd., 1 Sleat Rd, Applecross, Western Australia 6153 (ACN: 612 668 201) to load for the purposes of dumping, and to dump up to 165,000 cubic metres (in-situ) of dredged material, derived from the capital dredging of the Ashburton Infrastructure Project at the Port of Ashburton, Western Australia.
  • A permit (SD2022/4035) was granted on 24 August 2022 Sapphire Coast Funerals, 6 Munje Street Pambula, New South Wales 2549 (ABN: 74 634 022 290), for a burial at sea located offshore Bermagui, New South Wales.
  • A permit (SD2022/4029) was granted on 25 August 2022 to the Port of Newcastle Operations Pty Ltd., Level 4, 252 Wharf Road, Newcastle, New South Wales 2300 (ABN: 97 539 122 070), to load for the purposes of dumping, and to dump up to 7,400,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Newcastle, New South Wales.
  • A permit (SD2022/4016) was granted on 12 September 2022 to Recfishwest, Suite 3, 45 Northside Drive, Hillarys, Western Australia 6025 (ABN: 77 922 817 608) and the Western Australian Department of Primary Industries and Regional Development (ABN: 18 951 343 745) for the placement of an artificial reef, offshore Dampier, Western Australia.

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).

Permit Variations granted under sections 21 and 23 of the Act

  • A variation (No. 1) to a permit (SD2020/3994) was granted on 30 September 2022 to Gold Coast City Council, 9 Holden Place, Bundall, Queensland 4217 (ABN: 84 858 548 460) to allow for administrative changes to the permit.

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).

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

  • A permit (SD2014/2642), granted on 1 March 2022 to the Port of Newcastle Operations Pty Ltd, Level 4, 252 Wharf Road, Newcastle, New South Wales 2300 (ABN: 97 539 122 070), to load for the purposes of dumping, and to dump up to 1,084,413 cubic metres of dredged material derived from maintenance dredging at the Port of Newcastle, New South Wales, was revoked on 25 August 2022.

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

8 November 2022
 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to address the issue of marine pollution by regulating the disposal of waste materials at sea, thereby protecting the marine environment and ensuring sustainable practices. The Act is administered by the Australian Parliament, with the objective of preventing, reducing, and controlling the pollution of the sea by the dumping of waste materials. The Act provides a framework for the issuance of permits for sea dumping activities and establishes criteria and procedures for assessing and controlling the environmental impacts of such activities. The Act also facilitates public participation in the decision-making process by requiring the publication of notices and decisions related to sea dumping permits in the Gazette.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to dump waste or other matter into the sea, or to load such material for the purpose of dumping, within Australian waters. This includes both Commonwealth and state waters, and covers a range of activities such as dredging, burials at sea, and the placement of artificial reefs. The Act is applicable to various industries, including maritime, construction, and funeral services, as evidenced by the applications and permits mentioned. The geographical reach of the Act is national, extending to all Australian waters. The Act does not apply to certain activities that are exempt under the legislation or pursuant to subordinate instruments, though no specific exemptions are mentioned in the provided text. Applications for permits, permit variations, and revocations are required to be notified in the Gazette, as per section 25 of the Act. The Act can be extended or restricted in application through subordinate instruments, though no such instances are detailed in the text.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 governs the dumping of waste materials into the sea from vessels and the placement of artificial reefs in Australian waters. The Act mandates that any entity wishing to dump dredged material or engage in similar activities must apply for a permit (section 18). The Act also allows the Minister or a delegate to grant permits (section 19), vary them (section 21), or revoke them (section 20). The Minister or delegate may also determine that an assessment under the Environment Protection and Biodiversity Conservation Act 1999 is not required for a particular permit (section 23). Entities applying for permits must provide detailed information about the proposed activity, including the nature and amount of material to be dumped, the location, and the methods to be used. They must also comply with any conditions imposed on the permit to mitigate environmental impact (section 16). For burials at sea, the applicant must provide evidence of consent from relevant family members or legal representatives (section 201). Furthermore, any variation to an existing permit must be approved by the Minister or delegate and must also comply with the same conditions and requirements as the initial permit (section 21). Breach of the Act's provisions or the conditions of a permit can lead to significant penalties. Under section 234, an individual or corporation found guilty of an offence can be subject to fines of up to $2,100,000 for corporations and $210,000 for individuals. Additionally, the Act empowers authorised officers to seize equipment or vessels used in the commission of an offence, and it allows for the recovery of costs incurred in doing so (section 235). Failure to comply with the Act or permit conditions can also result in the revocation of the permit, preventing further activities until compliance is achieved (section 20).

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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.