ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 October 2022 to 31 December 2022
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 (SD2022/4040) was received on 6 October 2022 from Onslow Marine Support Base Pty Ltd, Suite 3, 105 Forrest Street, Cottesloe, Western Australia 6011 (ABN: 59 167 963 715), to load for the purposes of dumping, and to dump up to 33,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Onslow (Beadon Creek), Western Australia.
- An application (SD2022/4041) was received on 3 November 2022 from Pilbara Ports Authority,
Level 5, 999 Hay St, Perth, Western Australia 6000 (ABN: 94 987 448 870), for a 5-year permit to load for the purposes of dumping, and to dump up to 2,500,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Port Hedland, Western Australia. - An application (SD2022/4042) was received on 3 November 2022 from 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 180,000 cubic metres (in-situ) of dredged material, derived from capital dredging for the Channel Entry Project at the Port of Port Hedland, Western Australia. - An application (SD2022/4043) was received on 10 November 2022 from Fremantle Port Authority, 1 Cliff St, Fremantle, Western Australia 6160 (ABN: 78 187 229 472), for a 5-year permit to load for the purposes of dumping, and to dump up to 80,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the Inner Harbour at Fremantle, Western Australia.
- An application (SD2022/4044) was received on 13 December 2022 from Roy Hill Infrastructure Pty Ltd, PO Box Locked Bag No. 42, Welshpool DC, Western Australia 6986 (ACN: 130 249 633), to load for the purposes of dumping, and to dump up to 2,000,000 cubic metres (in-situ) of dredged material, derived from capital dredging for the Roy Hill Expansion Project at the Port of Port Hedland, Western Australia.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2022/4031) was granted on 14 October 2022 to North Queensland Bulk Ports Corporation, Level 1, Waterfront Place Mulherin Drive, Mackay Harbour, Queensland 4740 (ACN: 136 880 218), for a 10-year permit to load for the purposes of dumping, and to dump up to 575,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Mackay, Queensland.
- A permit (SD2022/4033) was granted on 22 November 2022 to 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.
- A permit (SD2022/4026) was granted on 15 December 2022 to the Australian Institute of Marine Science, Level 3, Indian Ocean Marine Research Centre, The University of Western Australia,
64 Fairway, Fairway Entry 4, Crawley, Western Australia 6009 (ABN: 78 961 616 230), for the placement of an artificial reef at Bundegi Reef, offshore of Exmouth, 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).
Applications received for permit variations under section 23 of the Act
- An application for a variation to a permit (SD2012/2243) was received on 1 November 2022 from the Department of Home Affairs and the Australian Fisheries Management Authority. The application is to extend the existing permit timeframe by 6 months from 8 March 2023, to load for the purposes of dumping, and to dump up to 100 wooden vessels.
Permit variations granted under sections 21 and 23 of the Act
- A variation (No. 2) to a permit (SD2012/2243) was granted on 15 December 2022 to the Department of Home Affairs and the Australian Fisheries Management Authority. The variation extended the existing permit expiry timeframe by 6 months from 8 March 2023 to 8 September 2023, to load for the purposes of dumping, and to dump up to 100 wooden vessels.
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).
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.
Lauren Ooi
Acting Director
Sea Dumping Section
16 January 2023
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted to address the need for regulation and oversight of the disposal of waste materials into the sea to protect marine environments and human health from potential adverse effects. This Act was introduced by the Parliament of Australia, with a policy objective to ensure that sea dumping activities are conducted in a manner that minimises harm to the marine environment and public health. The Act establishes a permit system for sea dumping activities, requiring applicants to demonstrate that their proposed activities will not cause unacceptable harm to the marine environment. The legislation mandates the publication of applications and permit details in the Gazette, ensuring transparency and public participation in decision-making processes related to sea dumping. The Gazette publication from 1 October 2022 to 31 December 2022 highlights recent applications for sea dumping permits and granted permits, reflecting ongoing regulatory activity under the Act.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity engaged in the dumping of waste or other materials into the sea or on the seabed from a vessel or an aircraft, including companies, corporations, and government bodies. This Act has a national jurisdictional reach as it applies throughout Australia, including Commonwealth waters, state waters, and the territorial sea. The Act regulates the loading and dumping of dredged material and other substances into the sea to protect the marine environment from pollution and other adverse impacts. Notably, the Act provides for the grant of permits, variations of permits, and the refusal of permits for sea dumping activities. The Act also includes exclusions for certain activities, such as the disposal of dredged material for purposes other than maintenance dredging or capital dredging, and for activities conducted under other Commonwealth, state, or territory legislation. The Act extends its application through subordinate instruments, including regulations and guidelines, which provide further detail on the permit application process, conditions, and monitoring requirements.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (the Act) sets out the legal framework for managing the dumping of material at sea within Australian waters. Section 18 of the Act governs the application process for sea dumping permits, while section 19 specifies the conditions under which such permits can be granted (sections 18 and 19). Section 21 allows for the granting of permits to load for the purposes of dumping, subject to the terms and conditions specified by the Minister or a delegate. Section 23 pertains to the application for variations to existing permits, which can be approved or declined by the Minister or a delegate (section 23).
The Act imposes certain obligations on applicants and permit holders. Applicants must provide detailed information about the proposed dumping activity, including the type and quantity of material to be dumped, the location, and the environmental impact (section 18). Permit holders are required to adhere strictly to the conditions specified in their permits, which may include monitoring and reporting requirements to ensure compliance with environmental standards (section 21). Additionally, permit holders must notify the relevant authorities of any changes in the proposed activity or unforeseen circumstances that could affect the environmental impact (section 23).
Violations of the Act can result in both civil and criminal penalties. Under section 24, any person who contravenes the Act or the conditions of a permit is liable to a penalty. The maximum penalties vary depending on the nature and severity of the offence. For example, section 24(1) specifies a penalty of up to $1,100,000 for corporations and $220,000 for individuals for serious environmental offences. Furthermore, sections 25 and 26 outline the circumstances under which a permit may be revoked or suspended, which can include non-compliance with the terms and conditions of the permit or failure to meet reporting requirements. The revocation or suspension of a permit can have significant operational and financial implications for the permit holder.
Failure to comply with the Act can also lead to legal action by the Director, Sea Dumping Section, or other authorised officers. Section 27 allows for the Director to take enforcement action, including the issuance of infringement notices for minor breaches, which can result in fines. In more serious cases, the Director can initiate proceedings in a court, which may lead to further penalties or orders to remedy the breach. Additionally, section 28 provides for the recovery of costs incurred by the Director in enforcing the Act, which can add to the financial burden on the offender.