Environment Protection (Sea Dumping) Act 1981 - Matters to be published in the Gazette (January 2016 to 31 October 2016)

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01648 In force Gazette

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ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE

FOR THE PERIOD: 1 January 2016 to 31 October 2016

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 (SD2016/3242) was received on 29 January 2016 from Robe River Mining Co. Pty. Limited, ACN: 008 694 246, for a permit to load for the purposes of dumping, and to dump up to 400,000 cubic metres of material, derived from maintenance dredging at the Rio Tinto Cape Lambert facilities and channel, Western Australia.
  • An application (SD2016/3262) was received on 18 March 2016 from Woodside Energy Limited, ACN: 005 482 986, for a permit to load for the purposes of dumping, and to dump up to 400,000 cubic metres of material, derived from maintenance dredging at the Port of Dampier, Western Australia.
  • An application (SD2016/3282) was received on 31 March 2016 from Pilbara Ports Authority, ABN: 94 987 448 870, for a permit to load for the purposes of dumping, and to dump up to 2,500,000 in-situ cubic metres of material, derived from maintenance dredging at the Port of Ashburton, Western Australia.
  • An application (SD2016/3302) was received on 4 April 2016 from Caring Funerals Pty Ltd, ABN: 69 076 065 177, for a burial at sea located offshore of Sydney, New South Wales.
  • An application (SD2016/3322) was received on 7 June 2016 from Port of Townsville Limited, ACN: 130 077 673, for a permit to load for the purposes of dumping, and to dump up to 1,075,000 cubic metres of material, derived from maintenance dredging at the Port of Townsville, Queensland.
  • An application (SD2016/3342) was received on 8 July 2016 from The Trustee for The Polaris Marine Trust No. 1, ABN: 84 343 204 460, for a permit to load for the purposes of dumping, and to dump a platform (an Oceanlinx Mk3PC Wave Energy Generator), off Culburra Beach, New South Wales.
  • An application (SD2016/3362) was received on 10 July 2016 from Sapphire Coast Funerals Pty Limited, ABN: 90 003 457 654, for a burial at sea located offshore of Merimbula, New South Wales.
  • An application (SD2016/3382) was received on 15 July 2016 from Chevron Australia Pty Ltd, ABN: 29 086 197 757, for a permit to load for the purposes of dumping and to dump up to 2,000,000 cubic metres of material, derived from maintenance dredging at the Port of Barrow Island, Western Australia.
  • An application (SD2016/3402) was received on 1 August 2016 from MMG Century Limited, ABN: 59 006 670 300, for a permit to dump a man-made structure (a cyclone mooring buoy) in the Gulf of Carpentaria, Queensland.
  • An application (SD2016/3422) was received on 2 September 2016 from the Queensland Department of Transport and Main Roads, trading as Maritime Safety Queensland, ABN: 39 407 690 291, for a permit to load for the purposes of dumping and to dump a vessel (M.V. Sattha Uniana) in the Coral Sea.
  • An application (SD2016/3442) was received on 7 September 2016 from Southern Ports Authority, ABN: 30 044 341 250, for a permit to load for the purposes of dumping and to dump up to 11,700,000  cubic metres of material, derived from capital dredging at the Port of Albany, Western Australia.

Permits granted under sections 19 and 21 of the Act

  • A permit (SD2015/3102) was granted on 18 February 2016 to the New South Wales Department of Industry, Skills and Regional Development, ABN: 72 189 919 072, to load for the purposes of dumping, and to dump up to 170,000 cubic metres of material derived from capital dredging within the Port of Eden, New South Wales.
  • A permit (SD2015/3162) was granted on 17 March 2016 to Recfishwest, ABN: 77 922 817 608, for the placement of an artificial reef, offshore of Mandurah, Western Australia.
  • A permit (SD2015/3122) was granted on 1 April 2016 to Pilbara Iron Pty Ltd, ACN: 107 216 535, to load for the purpose of dumping, and to dump up to 650,000 cubic metres of material derived from maintenance dredging within the Port of Dampier, Western Australia.
  • A permit (SD2015/3182) was granted on 4 April 2016 to Recfishwest, ABN: 77 922 817 608, for the placement of an artificial reef, offshore of Rottnest Island, Western Australia.
  • A permit (SD2016/3302) was granted on 7 April 2016 to Caring Funerals Pty Ltd, ABN: 69 076 065 177, for a burial at sea located offshore of Sydney, New South Wales.
  • A permit (SD2015/3222) was granted on 13 May 2016 to Onslow Salt Pty Ltd, ACN: 050 159 558, to load for the purpose of dumping, and to dump up to 99,000 cubic metres of material derived from maintenance dredging within the Port of Onslow, Western Australia.
  • A permit (SD2013/2482) was granted on 7 June 2016 to Lanco Resources Australia Pty Ltd, ACN: 147 835 452, to load for the purposes of dumping, and to dump up to  1,900,000 cubic metres of material derived from capital dredging of Berth 14 at Bunbury Port Inner Harbour, Western Australia.
  • A permit (SD2016/3242) was granted on 16 June 2016 to Robe River Mining Co. Pty. Limited, ACN: 008 694 246, to load for the purposes of dumping, and to dump up to 400,000 cubic metres of material, derived from maintenance dredging at the RioTinto Cape Lambert facilities and channel, Western Australia.
  • A permit (SD2016/3362) was granted on 19 July 2016 to Sapphire Coast Funerals Pty Limited, ABN: 90 003 457 654, for a burial at sea located offshore of Merimbula, New South Wales.
  • A permit (SD2016/3322) was granted on 9 August 2016 to the Port of Townsville Limited, ACN: 130 077 673, to load for the purposes of dumping, and to dump up to 1,075,000 cubic metres of material, derived from maintenance dredging at the Port of Townsville, Queensland.
  • A permit (SD2016/3262) was granted on 24 August 2016 to Woodside Energy Limited, ACN: 005 482 986, to load for the purposes of dumping, and to dump up to 400,000 cubic metres of material, derived from maintenance dredging at the Port of Dampier, 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 variations under section 23 of the Act

  • An application for a variation to a permit (SD2011/2122) was received on 12 January 2016 from BHP Billiton Iron Ore, ABN: 49 004 028 077, to extend the permit until 30 March 2017 for the disposal of 1,730,000 cubic metres of material, derived from capital dredging of the Hunt Point Marine Precinct in the inner harbour of Port Hedland, Western Australia (variation number 2).
  • An application for a variation to a permit (SD2011/2102) was received on 29 February 2016 from Chevron Australia Pty Ltd, ACN: 086 197 757, to extend the permit until 22 March 2018 for the disposal of 48,000,000 cubic metres of material, derived from capital dredging for the Wheatstone Project, Onslow, Western Australia (variation number 1).
  • An application for a variation to a permit (SD2011/1882) was received on 30 June 2016 from Far North Queensland Ports Corporation Limited (trading as Ports North), corner of Grafton Street and Hartley Street, Cairns, Queensland, 4870, for the Port of Karumba maintenance dredging, to suspend condition 27a until 30 September 2016 so that a bathymetric survey of the disposal site is not required prior to the 2016 dredging campaign.
  • An application for a variation to a permit (SD2015/3122) was received on 16 August 2016 from Pilbara Iron Pty Ltd, ACN: 107 216 535, to vary conditions for the Port of Dampier maintenance dredging project to require only those disposal sites that are to be used to have pre-commencement and post-completion bathymetric surveys, and only the section of the disposal site where dumping activities are to be undertaken, as designated by the Pilbara Ports Authority licence (variation number 1).
  • An application for a variation to a permit (SD2015/3222) was received on 6 September 2016 from Onslow Salt Pty Ltd, ABN: 050 159 558, to increase the total volume for the maintenance dredging within the Port of Onslow from up to 99,000 m3 to up to 198,000 m3 and make an administrative amendment to the disposal site coordinates (variation number 1).

Permit variations granted under section 21 and 23 of the Act

  • A variation (variation number 2) to a permit (SD2011/2122) was granted on 4 April 2016 to BHP Billiton Iron Ore, ABN: 49 004 028 077, to extend the permit until 30 March 2017 for the disposal of 1,730,000 cubic metres of material, derived from capital dredging for the Hunt Point Marine Precinct in the inner harbour of Port Hedland, Western Australia.
  • A variation (variation number 1) to a permit (SD2011/2102) was granted on 4 May 2016 to Chevron Australia Pty Ltd, ACN: 086 197 757, to extend the permit until 22 March 2018 for the disposal of 48,000,000 cubic metres of material, derived from capital dredging for the Wheatstone Project, Onslow, Western Australia.
  • A variation to a permit (SD2011/1882) was granted on 18 July 2016 to Far North Queensland Ports Corporation Limited (trading as Ports North), corner of Grafton Street and Hartley Street, Cairns, Queensland, 4870, for the Port of Karumba maintenance dredging, to suspend condition 27a until 30 September 2016 so that a bathymetric survey of the disposal site is not required prior to the 2016 dredging campaign.
  • A variation (variation number 1) to a permit (SD2015/3122) was granted on 23 August 2016 to Pilbara Iron Pty Ltd, ACN: 107 216 535, to vary conditions for the Port of Dampier maintenance dredging to require only those disposal sites that are to be used to have pre-commencement and post-completion bathymetric surveys, and only the section of the disposal site where dumping activities are to be undertaken, as designated by the Pilbara Ports Authority licence.

The Minister/delegate did not require the variations to permits to undergo assessment in accordance with section 160 of the EPBC Act.

Copies of a decision by the Minister/delegate under the Act may be obtained, upon request, from the Director, Queensland Assessments and Sea Dumping Section, Department of the Environment and Energy, GPO Box 787, CANBERRA, ACT 2601. 

 


Charmayne Murray

Director

Queensland Assessments and Sea Dumping Section

14 December 2016

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Commonwealth Parliament to address the environmental risks associated with the disposal of materials into the sea. The Act provides a regulatory framework to control and manage sea dumping activities, ensuring that such activities are conducted in a manner that minimises environmental harm. The primary objective of the Act is to protect marine environments from the potential adverse effects of sea dumping. The Act establishes a permit system for sea dumping, which requires applicants to seek approval from the relevant authorities before undertaking any sea dumping activities. This includes the submission of detailed information about the proposed dumping, including the type and quantity of material to be dumped, the location and method of disposal, and the potential environmental impacts. The Act also includes provisions for the review and monitoring of sea dumping activities, as well as penalties for non-compliance.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to the dumping of waste material and other substances into the marine environment. The Act regulates entities and persons conducting sea dumping activities within Australia's territorial limits, including Commonwealth waters, state territorial waters, and in the Exclusive Economic Zone (EEZ). The Act applies to various types of dumping activities such as maintenance dredging, capital dredging, burials at sea, and disposal of man-made structures. The Act applies to companies, authorities, and individuals who propose to undertake sea dumping activities, requiring them to apply for and receive a permit before proceeding with such activities. Notably, the Act excludes certain substances, such as those defined as hazardous waste under the Environment Protection (Hazardous Waste) Regulations, and allows for exemptions in specific circumstances, such as burials at sea for cultural or religious reasons. The Act also includes provisions for variations to existing permits, allowing for modifications to the conditions of the permits where necessary. Subordinate instruments, such as regulations, may further define the scope and details of the application and permit process under the Act.

Key Provisions

The main operative sections of the Environment Protection (Sea Dumping) Act 1981 (the Act) pertain to the processes for applying for, granting, and varying permits for sea dumping activities. Section 18 outlines the application process for a sea dumping permit, where the applicant must submit an application to the Minister or delegate, detailing the nature and scope of the proposed dumping activities (s18). Section 19 allows the Minister or delegate to grant a permit if they are satisfied that the application complies with the Act and its regulations, and if the dumping will not result in harm to the marine environment (s19). Section 21 specifies the conditions that may be imposed on a permit, which can include requirements for monitoring, reporting, and adherence to environmental standards (s21). Section 23 provides for the variation of existing permits, allowing for changes to the scope, conditions, or duration of the permitted activities, subject to approval by the Minister or delegate (s23). The Act imposes several obligations on the parties or entities it governs. Permit applicants must provide detailed information about the proposed dumping activities, including the type and quantity of material to be dumped, the location and method of dumping, and any potential environmental impacts (s18). Permit holders must comply with all conditions specified in their permits, which may include requirements to monitor and report on the environmental effects of their activities, and to adhere to best practice environmental management standards (s21). The Minister or delegate has the authority to refuse or revoke a permit if it is determined that the permit holder is not complying with the Act or its conditions, or if the dumping activities are found to be causing, or likely to cause, harm to the marine environment (s20, s22). There are specific offences, penalties, and consequences for breach of the Act. Any person who carries out sea dumping activities without a valid permit, or who contravenes the conditions of a permit, commits an offence and may be subject to a penalty (s30). The maximum penalty for an individual offender is AUD 500,000 or imprisonment for five years, or both (s30). For corporate offenders, the maximum penalty is AUD 2.5 million (s30). In addition to criminal penalties, the Act provides for civil remedies, including injunctions and damages, for harm caused to the marine environment as a result of non-compliance with the Act or its regulations (s29). The Minister or delegate may also impose administrative penalties, such as fines or suspension of a permit, for minor or technical breaches of the Act (s31).

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