Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 July 2023 to 30 September 2023

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

Legislation au C2023G01183 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 2023 to 30 September 2023


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 (SD2023-4056) was received on 5 September 2023 from Cairns Regional Council, 119‐145 Spence St, Cairns City, Queensland 4870 (ABN: 24 310 025 910), for a 10-year permit to load for the purposes of dumping, and to dump up to 1,260,000 cubic metres (in-situ) of dredged material derived from maintenance dredging of the Half Moon Bay Channels, Half Moon Creek, Half Moon Bay Marina, Bluewater Harbour, Bluewater Marina and the Yorkey’s Knob Public Boat Ramp at Half Moon Bay, Cairns, Queensland.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2022-4022) was granted on 22 August 2023 to the 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 placement of the Carnarvon Artificial Reef for recreational fishing purposes. The reef comprises 700 purpose-built concrete modules, located offshore approximately 7 kilometres west south-west of Pelican Point, Carnarvon, Western Australia. This permit is valid until 30 August 2055.
  • A permit (SD2022-4044) was granted on 28 August 2023 to Roy Hill Infrastructure Pty Ltd, ‘HPPL House’ Level 3, 28-42 Ventnor Avenue, West Perth, Western Australia, 6005 (ACN: 130 249 633), to load for the purposes of dumping, and to dump, up to 2 million cubic metres (in-situ) of capital dredged material at Spoil Ground ‘I’, derived from the Roy Hill Port Expansion Project at South West Creek within the Port of Port Hedland, Western Australia. This permit is valid until 4 August 2026.
  • A permit (SD2023-4053) was granted on 6 September 2023 to Gladstone Ports Corporation Limited,
    40 Goondoon Street, Gladstone, Queensland 4680 (ACN: 131 965 896), for a 10-year permit to load for the purposes of dumping, and to dump up to 3,900,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the channels, swing basins and berths at the Port of Bundaberg, Queensland. This permit is valid until 6 September 2033.
  • A permit (SD2023-4052) was granted on 14 September 2023 to Cooper Energy Limited, Level 8, 70 Franklin Street, Adelaide, South Australia 5000 (ACN: 096 170 295), for the dumping (abandonment in-situ) of the Basker-A Manifold Pile. The pile has been decommissioned from petroleum title area VIC/RL13, located in the Eastern Bass Strait, approximately 55 km southeast of Marlo, Victoria. This permit is valid until 31 August 2028.
  • A permit (SD2023-4055) was granted on 27 September 2023 to Woodside Energy Ltd,
    11 Mount Street, Perth, Western Australia 6000 (ACN: 005 482 986), for a 5-year permit to load for the purposes of dumping, and to dump up to 85,000 cubic metres (in-situ) of dredged material, derived from capital dredging at the ‘Borrow Ground’ offshore Dampier, Western Australia. This permit is valid until 30 September 2028.

Applications received for permit variations under section 23 of the Act

  • An application for a variation to a permit (SD2012-2243) was received on 11 August 2023 from the 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). The application is to extend the existing permit timeframe by 6 months from 8 September 2023 until 8 March 2024, and to increase the number of wooden vessel disposals
    from 100 to 115.
  • An application for a variation to a permit (SD2018-3842) was received on 22 August 2023 from Cairns Regional Council, 119‐145 Spence St, Cairns City, Queensland 4870 (ABN: 24 310 025 910). The application is to extend the existing permit timeframe by 6 months from 30 October 2023 to 30 April 2024. The application does not seek to vary any other components of the existing permit, which is to load for the purposes of dumping, and to dump up to 667,000 cubic metres of dredged material (in-situ), derived from maintenance dredging of the Half Moon Bay Entrance Channels, Bluewater Harbour, Half Moon Creek and Half Moon Bay Marina at Cairns, Queensland.
  • An application for a variation to a permit (SD2013-2442) was received on 21 September 2023 from the Gippsland Ports Committee of Management Incorporated, 97 Main Street, Bairnsdale, Victoria 3875 (ABN: 98 943 634 870). The application is to extend the existing permit timeframe by 9 days from 15 October 2023 to 24 October 2023. The application does not seek to vary any other components of the existing permit, which is to load for the purposes of dumping, and to dump up to 7,500,000 cubic metres of dredged material, derived from maintenance dredging of the Bar, the Swing Basin, the Entrance Channel, Reeves Channel and Cunninghame Arm at the Port of Gippsland Lakes, Lakes Entrance, Victoria.
  • An application for a variation to a permit (SD2018-3762) was received on 22 September 2023 from Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone 4680 (ACN: 131 965 896). The application is to extend the existing permit timeframe by 3 months from 1 October 2023 to
    1 January 2024. The application does not seek to vary any other components of the existing permit, which is to load for the purposes of dumping, and to dump up to 1,460,000 cubic metres of maintenance dredge material derived from the Port of Gladstone, Queensland.

Permit variations granted under sections 21 and 23 of the Act

  • A variation (No. 3) to a permit (SD2012-2243) was granted on 7 September 2023 to the 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: 33 380 054 835) and the Australian Fisheries Management Authority (ABN: 81 098 497 517). The variation extended the existing permit expiry timeframe by 6 months from 8 September 2023 to 8 March 2024 and increased the number of wooden vessel disposals from 100 to 115.
  • A variation (No. 2) to a permit (SD2018-3762) was granted on 29 September 2023 to Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone 4680 (ACN: 131 965 896). The variation extended the existing permit timeframe by 3 months from 1 October 2023 to 1 January 2024, to load for the purposes of dumping, and to dump up to 57,689 cubic metres of maintenance dredge material (remaining from the original total of 1,460,000 cubic metres) derived from the Port of Gladstone, Queensland.

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

7 November 2023
 

 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the issue of environmental degradation caused by the disposal of waste materials into the sea, particularly those that could adversely affect marine ecosystems and human health. The Act establishes a regulatory framework that controls the dumping of wastes at sea and the loading of wastes for the purposes of dumping, aiming to prevent, reduce and control pollution of the marine environment. The Act provides the means to issue permits for sea dumping activities, subject to certain conditions and assessments, to ensure that such activities do not harm the marine environment. The policy objective is to maintain the integrity and health of the marine environment while allowing for necessary marine activities to proceed in a sustainable manner. As per section 25 of the Environment Protection (Sea Dumping) Act 1981, the enactment body, which is the Minister for the Environment, has published details of permit applications received and granted, along with variations to existing permits. This includes applications from various entities for permits to dump dredged material and other materials at sea for purposes such as port maintenance, infrastructure development, and the creation of artificial reefs. The published details facilitate transparency and public scrutiny of the activities authorised under the Act. The Minister/delegate has also determined that certain permits do not require an assessment under the Environment Protection and Biodiversity Conservation Act 1999, indicating that these activities have been deemed to have minimal environmental impact. Decisions made under the Act are available for review upon request from the Director of the Sea Dumping Section within the Department of Climate Change, Energy, the Environment and Water.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to entities and individuals who seek to engage in activities that involve the dumping of substances into the marine environment, specifically the sea, within the jurisdictional boundaries of Australia. This encompasses both Commonwealth and state waters, ensuring a national approach to sea dumping regulation. The Act is applicable to a variety of entities, including corporations, councils, and individuals, provided their actions involve sea dumping within the scope of the Act. The Act regulates the conduct of loading and dumping of materials such as dredged sediments and decommissioned structures into the sea. Notably, the Act excludes certain activities from its purview, such as those that are covered by other environmental protection legislation, like the Environment Protection and Biodiversity Conservation Act 1999. The application and reach of the Act can be extended or restricted through subordinate instruments, which allows for flexibility in addressing emerging environmental concerns or technological advancements. The Act does not specify particular exclusions or thresholds within the provided text, but it is understood that the need for a permit under the Act would be contingent on the nature and scale of the proposed sea dumping activity.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 governs the disposal of waste into the marine environment, specifically through the issuance of permits for sea dumping activities. Section 18 of the Act outlines the application process for permits, which includes detailed specifications regarding the type, quantity, and location of the material to be dumped. Section 19 and Section 21 detail the granting of permits, which are conditional upon compliance with the Act's provisions. Section 23 governs the process for applying for variations to existing permits, while Section 25 requires the publication of certain permit-related activities in the Gazette. The Act also provides for the abandonment in-situ of certain materials, as noted in Section 21. Under the Act, applicants for sea dumping permits must provide comprehensive information about the proposed dumping activities, including the nature and quantity of the material to be dumped and the environmental impact assessment. The Act imposes stringent requirements on permit applicants to ensure that the dumping activities do not harm the marine environment. Permit holders are obligated to adhere to the conditions specified in their permits, which may include restrictions on the type and amount of material to be dumped, as well as specific disposal methods. Additionally, permit holders must report on the progress and outcomes of their dumping activities to the relevant authorities. Failure to comply with the provisions of the Act can result in significant penalties. The Act stipulates that breaches of permit conditions or other regulatory requirements can lead to civil and criminal penalties. For instance, under Section 35, any person who contravenes a condition of a permit may be liable to a penalty of up to $1,100,000 for a corporation and $220,000 for an individual. Additionally, under Section 36, a person who causes or permits a contravention of the Act that results in harm to the environment may be subject to more severe penalties, including fines of up to $6,600,000 for a corporation and $1,320,000 for an individual, as well as potential imprisonment terms. These penalties underscore the importance of strict adherence to the Act's provisions and the severe consequences of non-compliance.

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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.