ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981 MATTERS TO BE PUBLISHED IN THE GAZETTE FOR THE PERIOD: 1 October 2024 to 31 December 2024
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 (SD2024-4070) was received on 8 October 2024 from Tidman’s – Funerals of Perth, 5 Eloure Place, Willetton, Western Australia 6155 (ACN: 106 601 898) for a burial at sea located offshore of Fremantle, Western Australia.
- An application (SD2024-4071) was received on 29 October 2024 from John Holland Pty Ltd, 796 Hunter Street, Newcastle West, New South Wales 2304 (ACN: 004 282 268) to load for the purposes of dumping, and to dump up to 1,400 cubic metres (in-situ) of dredged material, derived from capital dredging of the marine intake structure of the Belmont Desalination Plant, Belmont, New South Wales.
- An application (SD2024-4072) was received on 30 October 2024 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 450,000 cubic metres (in-situ) of dredged material derived from the maintenance dredging of the Pilbara Port Authority’s managed port areas at the Port of Dampier, Western Australia. - An application (SD2024-4073) was received on 13 November 2024 from the Shire of Esperance, 77 Windich Street, Esperance, Western Australia, 6450 (ABN: 60 034 434 085) for the placement of an artificial reef for recreational fishing purposes. The reef comprises up to 200 purpose-built concrete modules, located in 40 clusters of 5, adjacent to the Esperance jetty, Western Australia.
- An application (SD2024-4074) was received on 11 December 2024 from Mardie Minerals Pty Ltd,
Level 2, 1 Altona Street, West Perth, Western Australia 6005 (ABN: 50 152 574 457), for a 3-year permit to load for the purposes of dumping, and to dump up to 355,000 cubic metres (in-situ) of dredged material derived from the capital dredging of a berth pocket and channel for the Mardie Project, offshore approximately 80 km south-west of Karratha, Western Australia. - An application (SD2024-4069) was received on 12 December 2024 from CITIC Pacific Mining Management Pty Ltd, 45 St Georges Terrace, Perth, Western Australia 6000 (ACN: 119 578 371), for a 5-year permit to load for the purposes of dumping, and to dump up to 35,649 cubic metres (in-situ) of dredged material derived from the capital dredging of the berth pocket and inner harbour at the Sino Iron Terminal at Cape Preston, Western Australia.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2024-4070) was granted on 14 October 2024 to Tidman’s – Funerals of Perth, 5 Eloure Place, Willetton, Western Australia 6155 (ACN: 106 601 898) for a burial at sea located offshore of Fremantle, Western Australia. This permit is valid until 14 November 2024.
The Minister/delegate did not require 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.
Heather Agnew
Director
Sea Dumping Section
7 January 2025
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted by the Commonwealth Parliament to regulate the disposal of waste materials at sea within Australian waters. The Act was introduced to address the environmental problem of sea dumping, which can cause significant harm to marine ecosystems, biodiversity, and human health. The policy objective is to ensure that sea dumping activities are managed in a manner that protects the marine environment and public health, by requiring permits for such activities and setting out the conditions under which they may be granted. This Act complements the broader objectives of the Environment Protection and Biodiversity Conservation Act 1999, by providing a specific regulatory framework for sea dumping. The Gazette notice details recent applications for permits and those that have been granted, specifying the type of dumping activities, the quantities involved, and the locations of the proposed activities.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity engaged in activities that involve the dumping of waste at sea, including burials at sea and the disposal of dredged materials. This Act is applicable on a national level across Australia, with specific jurisdictional reach extending to the Commonwealth, states, and territories, thereby ensuring comprehensive regulation of sea dumping activities. The Act mandates that applications for permits related to sea dumping activities must be submitted and approved by the relevant authorities, with specific provisions detailing the types of waste, quantities, and locations permitted for dumping. Exclusions and exemptions under the Act are limited, with stringent criteria designed to protect marine environments from detrimental impacts. The Act also extends its application through subordinate instruments, which provide further detail on the types of waste materials, specific dumping sites, and other operational parameters that must be adhered to by applicants. The Act is designed to regulate and control the sea dumping of waste materials to safeguard marine ecosystems and ensure environmentally responsible practices.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (the Act) governs the disposal of waste materials into the sea and other related activities. Under sections 18 and 19, the Act requires that any entity seeking to dispose of waste materials at sea must first submit an application for a permit to the Minister or delegate. These applications must detail the type of waste, the method of disposal, and the location where the disposal will take place (sections 18(1)(a)-(d)). The Minister or delegate then assesses the application to determine whether it should be approved, and if so, under what conditions (sections 19(1) and 19(2)). A permit is required for activities such as burial at sea, loading and dumping of dredged material, and the placement of artificial reefs for recreational fishing purposes.
The Act imposes several obligations on the permit holders. Firstly, they must comply with the terms and conditions of their permit, which may include specific requirements regarding the timing, method, and location of the disposal activity (section 22). Permit holders are also required to report to the Minister or delegate on the disposal activity and submit any necessary monitoring reports (section 23). Additionally, section 24 requires permit holders to ensure that the disposal does not cause harm to the marine environment or human health. The Act further requires the Minister or delegate to consider the impact of the disposal on the marine environment and human health when assessing permit applications (section 160 of the Environment Protection and Biodiversity Conservation Act 1999).
Failure to comply with the provisions of the Act may result in criminal or civil penalties. Under section 27, any person who contravenes a permit condition may be liable for a penalty of up to $1,100,000 for a corporation or $220,000 for an individual. Additionally, section 28 provides that any person who carries out a disposal activity without a permit or in contravention of the permit conditions is guilty of an offence and may be liable for a penalty of up to $5,500,000 for a corporation or $1,100,000 for an individual. The Act also provides for the recovery of costs incurred by the Minister or delegate in relation to the enforcement of the Act (section 29). Furthermore, section 30 allows for the imposition of additional civil penalties by the courts, which may include orders for the remediation of any environmental harm caused by the breach.