Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 October 2021 to 31 December 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2022G00043 In force Gazette

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 October 2021 to 31 December 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 (SD2021/4013) was received on 25 October 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 80,700 cubic metres (in-situ) of dredged material, derived from capital dredging of the Sydney Harbour inner tube tunnel crossing from Birchgrove to Waverton in Sydney Harbour, New South Wales.
  • An application (SD2021/4014) was received on 29 October 2021 from the Port of Newcastle,
    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.
  • An application (SD2021/4015) was received on 4 November 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. This application replaces previously submitted applications SD2019-3986 and SD2021-4010, which have both been withdrawn.
  • An application (SD2021/4016) was received on 17 December 2021 from Recfishwest, Suite 3, 45 Northside Drive, Hillarys, WA, 6025 (ABN: 77 922 817 608), for the placement of an artificial reef, offshore of Dampier, Western Australia.
  • An application (SD2021/4017) was received on 17 December 2021 from Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone, Queensland, 4680 (ABN: 96 263 788 242), to load for the purposes of dumping, and to dump up to 30,000 cubic metres (in-situ) of dredged material, derived from capital dredging to create an insurance trench at/adjacent to the Sugar berth at the Port of Bundaberg, Queensland.
     

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2021/4008) was granted on 7 October 2021 to 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.
  • A permit (SD2021/4009) was granted on 29 October 2021 to 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, Western Australia.
  • A permit (SD2020/3997) was granted on 10 December 2021 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, 1 Nash Street, Perth, Western Australia, 6000 (ABN: 18 951 343 745), for the placement of an artificial reef, offshore of Thevenard Island, 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). 

  • A permit (SD2020/3993) was granted on 9 November 2021 to Shark Bay Resources, Exchange Tower, 2 The Esplanade, Perth, Western Australia, 6000 (ABN: 88 079 088 636), to load for the purpose of dumping, and to dump, up to 80,000 cubic metres (in-situ) of maintenance and capital dredged material derived from the Shark Bay Denham Entrance Channel at Shark Bay, Western Australia.

The Minister/delegate did require the permit to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). 

Applications received for variations under section 23 of the Act

  • An application for a variation to a permit (SD2012/2202) was received on 8 November 2021 from Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone, Queensland, 4680
    (ABN: 96 263 788 242) to extend the permit expiry date from 31 May 2022 to 1 June 2023.
  • An application for a variation to a permit (SD2012/2243) was received on 12 November 2021 from the Department of Home Affairs and the Australian Fisheries Management Authority to extend the permit expiry date by one year, from 8 March 2022 to 8 March 2023, and to increase the number of vessel disposals allowed for under the permit from 50 to 100 vessels.
  • An application for a variation to a permit (SD2018/3762) was received on 8 December 2021 from Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone, Queensland, 4680 (ABN: 96 263 788 242) to allow for the disposal of 3,000 cubic metres of material derived from maintenance dredging of the Clinton Vessel Interaction Project area at the Port of Gladstone, Queensland.

Permit Variations granted under sections 21 and 23 of the Act

  • A variation (No. 1) to a permit (SD2018/3842) was granted on 29 October 2021 to Cairns Regional Council, PO Box 359, 119-145 Spence St, Cairns Queensland, 4870 (ABN: 24 310 025 910), to apply administrative amendments to the definition of Monitoring and Management within the permit.
  • A variation (No.1) to a permit (SD2019/3985) was granted on 3 November 2020 to Transport for NSW, 20-44 Ennis Road, Milsons Point, Sydney, New South Wales, 2061 (ABN: 18 804 239 602), to update the definition of excavated material permitted to be disposed of offshore of Yurulbin Point and Berrys Bay, New South Wales.
  • A variation (No. 1) to a permit (SD2012/2202) was granted on 13 December 2021 to Gladstone Ports Corporation Limited, 40 Goondoon Street, Gladstone, Queensland, 4680 (ABN: 96 263 788 242) to extend the permit expiry date by one year, from 31 May 2022 to 31 May 2023.
  • A variation (No. 1) to a permit (SD2012/2243) was granted on 23 December 2021 to the Department of Home Affairs and the Australian Fisheries Management Authority to extend the permit expiry date by one year, from 8 March 2022 to 8 March 2023, and to increase to the number of vessel disposals allowed for under the permit from 50 to 100 vessels.

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 Agriculture, Water and the Environment, GPO Box 858, CANBERRA, ACT 2601. 

 

Heather Agnew

Director

Sea Dumping Section

18 January 2022

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to address the environmental impacts of sea dumping, ensuring that any disposal of waste into the sea is done in a manner that minimises harm to the marine environment. The Act was introduced by the Australian Parliament, with the primary policy objective of regulating sea dumping activities to protect marine ecosystems from pollution and degradation. Over the years, the Act has undergone amendments to strengthen its provisions and adapt to new environmental challenges. The Act provides a framework for the assessment and control of sea dumping activities, requiring permits for the disposal of waste materials into the sea and allowing for variations to existing permits under specific conditions. The 1981 Act was instrumental in establishing a legislative foundation for managing sea dumping in Australia, addressing the gap in environmental protection related to the disposal of waste materials in marine environments.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to load or dump waste or other matter into Australian waters from a vessel or aircraft. This encompasses activities such as capital and maintenance dredging, vessel disposals, and the placement of artificial reefs, provided these activities occur within Australian territorial waters. The Act applies to the Commonwealth, state, and territory jurisdictions in Australia, with specific provisions and enforcement mechanisms established under the legislative framework of each jurisdiction. The Act does not apply to certain types of waste, such as waste material covered under other federal or state environmental protection laws or those exempted under the Act's provisions. The application and scope of the Act can be extended or restricted through subordinate instruments such as regulations and guidelines, which are designed to provide detailed operational instructions and standards for compliance. These regulations can further define the types of materials that can be dumped, the processes for application and assessment, and the monitoring requirements to ensure environmental protection.

Key Provisions

Section 18 of the Environment Protection (Sea Dumping) Act 1981 (the Act) mandates that any person intending to load for the purposes of dumping or to dump dredged material must apply for a permit from the Minister or their delegate. Section 19 of the Act allows the Minister or their delegate to grant a permit under certain conditions, while section 21 enables the granting of permits for activities that do not require prior assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 23 of the Act outlines the process for varying the terms and conditions of a permit. The Act imposes obligations on applicants to provide detailed information about the proposed dumping activities, including the type and quantity of material to be dumped and the location of the dumping site. It also requires the Minister or delegate to assess applications and grants permits only if they are satisfied that the dumping will not cause harm to the marine environment. The Act also requires the Minister or delegate to consider the potential impact of the dumping on the marine environment and to impose conditions on permits to mitigate any adverse environmental effects. Breaches of the Act may result in civil or criminal penalties, including fines and imprisonment. Section 217 of the Act provides that any person who loads or dumps dredged material in contravention of the Act is liable to a penalty of up to $66,000 for an individual and up to $330,000 for a body corporate. Section 218 of the Act also provides that any person who causes harm to the marine environment by loading or dumping dredged material in contravention of the Act is liable to a penalty of up to $1,100,000 for an individual and up to $5,500,000 for a body corporate. These penalties may be in addition to any other civil or criminal penalties that may be applicable under other laws. In summary, the Environment Protection (Sea Dumping) Act 1981 sets out a regulatory framework for the loading and dumping of dredged material in Australian waters. It requires applicants to obtain permits from the Minister or delegate and imposes obligations on the Minister or delegate to assess applications and grant permits only if they are satisfied that the dumping will not cause harm to the marine environment. The Act also provides for civil and criminal penalties for breaches of its provisions, including fines and imprisonment.

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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.