Environment Protection (Sea Dumping) Act 1981 Matters to be Published in the Gazette for the Period: 1 October 2023 to 31 December 2023

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

Legislation au C2024G00127 In force Gazette

Legislation content

 


 

ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 October 2023 to 31 December 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 (SD2023-4050) was received on 16 October 2023 from Maritime Border Command (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), for a 5-year permit to load for the purposes of dumping, and to dump up to 300 apprehended vessels in northern Australian waters.
  • An application (SD2023-4057) was received on 22 November 2023 from Esso Australia Pty Ltd, Level 9, 664 Collins Street, Docklands, Victoria 3008 (ABN: 49 000 018 566) for a permit for abandonment in-situ of 8 steel pile jackets at multiple locations in the Bass Strait, Victoria.
  • An application (SD2023-4059) was received on 4 December 2023 from Winchelsea Mining Pty Ltd, Pole 12, Rowell Hwy, Alyangula, Northern Territory, 0885 (ACN: 626 747 037), for 3-year permit to load for the purposes of dumping, and to dump up to 150,000 cubic metres (in-situ) of capital dredged material derived from the construction of a wharf off the south-west coastline of Winchelsea Island, Northern Territory.
  • An application (SD2023-4060) was received on 12 December 2023 from McCartney Family Funerals Pty Ltd, 2D/130 Kingston Road, Underwood, Queensland 4119 (ACN: 655 724 717), for a burial at sea located offshore of Cape Moreton, Queensland.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2022-4039) was granted on 24 October 2023 to the 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 4,910,000 cubic metres of dredged material (in-situ), derived from maintenance dredging of the Bar, Entrance Channel, Narrows, Swing Basin, Cunninghame Arm, North Arm and Hopetoun Channel and up to 90,000 cubic metres derived from capital dredging of the Swing Basin, Cunningham Arm, North Arm and Hopetoun Channel at the Port of Gippsland Lakes, Lakes Entrance, Victoria. This permit is valid until 24 October 2033.
  • A permit (SD2023-4056) was granted on 13 December 2023 to 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. This permit is valid until 31 December 2033.
  • A permit (SD2023-4060) was granted on 15 December 2023 to McCartney Family Funerals Pty Ltd, 2D/130 Kingston Road, Underwood, Queensland 4119 (ACN: 655 724 717), for a burial at sea located offshore of Cape Moreton, Queensland. This permit is valid until 12 January 2024.
  • A permit (SD2023-4051) was granted on 21 December 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 2,920,000 cubic metres (in-situ) of dredged material derived from maintenance dredging at the Port of Gladstone, Queensland. This permit is valid until 1 January 2034.
  • A permit (SD2023-4058) was granted on 22 December 2023 to Reef Catchments (Mackay Whitsundays Isaac) limited, 1/85 Gordon Street, Mackay, Queensland 4740 (ACN: 147 167 502) and Mackay Regional Council, 73 Gordon Street, Mackay, Queensland 4740 (ABN: 56 240 712 069), for the placement of an artificial reef comprising of 30 purpose-built modules, 5 kilometres offshore Mackay, Queensland. The permit is valid until 30 November 2055. 

Applications received for permit variations under section 23 of the Act

  • An application for a variation to a permit (SD2021-4008) was received on 13 October 2023 from Pilbara Ports Authority, Level 5, 999 Hay Street, Perth, Western Australia, 6000 (ABN: 94 987 448 870). The variation sought to extend the approved maintenance dredging footprint at the Port of Ashburton, Western Australia. The extension proposed to encompass Mineral Resources Limited’s newly dredged berth pocket, approved under a separate permit (SD2022-4018), into the Port’s approved maintenance dredging footprint.
  • An application for a variation (No. 4) to a permit (SD2012-2243) was received on 15 November 2023 from Maritime Border Command (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 variation sought to increase the number of wooden vessel disposals from 115 to 165.
  • An application for a variation to a permit (SD2020-3997) was received on 21 November 2023 from 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). The variation sought to decrease the number of repurposed steel sections to be placed as part of the Saladin Integrated Artificial Reef from 12 to 2 sections.
  • An application for a variation to a permit (SD2022-4020) was received on 21 November 2023 from 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). The variation sought to decrease the number of repurposed steel sections to be placed as part of the South Thevenard Artificial Reef from 7 to 3 sections.
  • An application for a variation to a permit (SD2022-4021) was received on 21 November 2023 from 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). The variation sought to decrease the number of repurposed steel sections to be placed as part of the Onslow Artificial Reef from 14 to 6 sections.

Permit variations granted under sections 21 and 23 of the Act

  • A variation (No. 2) to a permit (SD2018-3842) was granted on 10 October 2023 to Cairns Regional Council, 119‐145 Spence St, Cairns City, Queensland 4870 (ABN: 24 310 025 910). The variation extended the existing permit expiry timeframe by 6 months from 30 October 2023 to 30 April 2024, to load for the purposes of dumping, and to dump up to 246,264 cubic metres of dredged material (in-situ; remaining from the original total of 667,000 cubic metres), derived from maintenance dredging of the Half Moon Bay Entrance Channels, Bluewater Harbour, Half Moon Creek and Half Moon Bay Marina at Cairns, Queensland. This permit is valid until 30 April 2024.
  • A variation (No. 2) to a permit (SD2013-2442) was granted on 13 October 2023 to the Gippsland Ports Committee of Management Incorporated, 97 Main Street, Bairnsdale, Victoria 3875 (ABN: 98 943 634 870). The variation extended the existing permit timeframe by 9 days from 15 October to 24 October 2023, to load for the purposes of dumping, and to dump up to 5,201,233 cubic metres of dredged material (in-situ; remaining from the original total of 7,500,000 cubic metres), derived from maintenance dredging of the Bar, the Swing Basin, the Entrance Channel, the re-alignment of Reeves Channel and Cunninghame Arm at the Port of Gippsland Lakes, Lakes Entrance, Victoria. This permit is valid until 24 October 2023.
  • A variation (No. 4) to a permit (SD2012-2243) was granted on 29 November 2023 to Maritime Border Command (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 variation increased the number of wooden vessel disposals from 115 to 165. This permit is valid until 8 March 2024.
  • A variation (No. 1) to a permit (SD2021-4008) was granted on 6 December 2023 to Pilbara Ports Authority, Level 5, 999 Hay Street, Perth, Western Australia, 6000 (ABN: 94 987 448 870) to alter the maintenance dredging footprint to encompass Mineral Resources Limited’s newly dredged berth pocket, approved under a separate permit (SD2022-4018). The permit is to load for the purposes of dumping, and to dump up to 1,965,115 cubic metres of dredged material (in-situ; remaining from the original total of 2 million cubic metres), derived from maintenance dredging of the developed shipping channels, swing basins and berth pockets that provide access to the Wheatstone Marine Terminal and Ashburton Cargo Wharf at the Port of Ashburton, Western Australia. This permit is valid until 22 March 2027.
  • A variation (No. 1) to a permit (SD2022-4022) was granted on 14 December 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). The variation specifies the monitoring and management plan that must be implemented. The permit is for the placement of the Carnarvon Artificial Reef, comprising of 700 purpose-built concrete modules, offshore approximately 7 kilometres west south-west of Pelican Point, Carnarvon, Western Australia. This permit is valid until 30 August 2055.

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 February 2024

 

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the need for regulation and control over the dumping of waste materials into the sea. This legislative framework was introduced to mitigate the potential environmental harm that could arise from the disposal of various substances into marine environments, ensuring that such activities do not adversely affect the health of the oceans or marine life. The policy objective of the Act is to provide a regulatory structure that balances economic activities with the preservation of marine ecosystems. The Act empowers the Minister or a delegate to issue permits for sea dumping activities and to impose conditions that protect the marine environment from harmful impacts. Pursuant to section 25 of this Act, various applications for sea dumping permits and variations to existing permits have been published in the Gazette for the period from 1 October 2023 to 31 December 2023. These applications and variations pertain to a range of activities, including the disposal of apprehended vessels, dredging materials, and the placement of artificial reefs, each subject to stringent regulatory oversight to ensure compliance with environmental protection standards. The Minister or delegate has determined that certain permits do not require assessment under the Environment Protection and Biodiversity Conservation Act 1999, reflecting a considered approach to managing overlapping regulatory requirements.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to entities and individuals seeking to engage in activities that involve the dumping of matter into the sea from vessels, aircraft, platforms, or other devices. This includes the disposal of dredged material, vessels, and other waste materials, as well as the placement of artificial reefs. The Act covers both Commonwealth and state waters within Australia, as well as territorial seas, and it regulates the process of obtaining permits for such activities. The Act excludes certain activities such as the discharge of waste from vessels in compliance with other legislation and excludes certain materials from the definition of "waste" under the Act. The scope of the Act can be extended through subordinate legislation, which can specify additional categories of activities or materials subject to regulation. The Act provides for the granting of permits, variations to permits, and the refusal of permit applications, with certain exclusions and thresholds defined within the Act and its regulations.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) governs the regulation and permitting of sea dumping activities, ensuring that such activities are carried out in a manner that minimises environmental harm. Section 18 of the Act outlines the process for applying for a permit to conduct sea dumping activities, while section 19 specifies the requirements for granting such permits. Section 21 deals with the conditions that can be attached to a permit, and section 23 addresses the variation of existing permits. In accordance with section 25, several applications for new permits and variations to existing permits have been received and processed during the specified period. Section 18 of the Act requires applicants to submit detailed information about their proposed sea dumping activities, including the type of material to be dumped, the location, and the environmental impact assessment. The applicants must also provide information on the measures they intend to implement to mitigate any potential environmental harm. Section 19 of the Act mandates that the Minister or a delegate assess the applications and grant permits only if they are satisfied that the activities will not cause significant harm to the marine environment. Permits are subject to specific conditions outlined in section 21, which may include requirements for environmental monitoring, reporting, and adherence to best practices. Section 23 allows for the variation of existing permits to accommodate changes in the scope or nature of the activities, provided that the variations do not increase the potential for environmental harm. The Act imposes several obligations on the permit holders. These include adhering to the conditions specified in their permits, conducting their activities in a manner that minimises environmental harm, and complying with any additional requirements imposed by the Minister or a delegate. Permit holders must also submit regular reports on their activities, detailing the measures taken to mitigate environmental harm and the outcomes of their environmental monitoring efforts. Failure to comply with the conditions of the permit or the requirements of the Act may result in the suspension or revocation of the permit, as well as potential legal action. Breaches of the Act can result in both civil and criminal penalties. Section 24 of the Act provides for the imposition of administrative penalties for non-compliance with the permit conditions or the Act itself. The maximum penalty for an individual is AUD 50,000, while the maximum penalty for a corporation is AUD 250,000. Additionally, section 26 of the Act establishes that any person who engages in sea dumping activities without a valid permit, or who contravenes the conditions of their permit, commits an offence. Such offences are subject to criminal penalties, including fines of up to AUD 50,000 for individuals and AUD 250,000 for corporations, and potential imprisonment for up to two years. Furthermore, section 27 of the Act allows for the recovery of costs incurred by the Minister or a delegate in taking action to enforce the Act, including legal costs and expenses related to the investigation and remediation of environmental harm caused by sea dumping activities.

Legal classification tags

Area of Law
Environmental Law
Instrument
Gazette Notice
Concepts
Reporting & Disclosure Obligations
Licensing & Registration
Enforcement Powers
Compliance Obligations

Interactions

Authorises

All Versions

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.