Environment Protection (Sea Dumping) Act 1981 - Matters to be published in the gazette

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2016G01543 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 2012 to 31 December 2012 (supplementary)

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 (SD2009/1322) was received on 29 May 2012, from API Management Pty Ltd, Level 2, Aquila Centre, Como, Western Australia, for a permit to load for the purposes of dumping, and to dump up to 34 million cubic metres of material derived from capital dredging of the berth pockets, swing basins and shipping channel at Anketell Point, Western Australia.
  • An application (SD2012/2322) was received on 27 July 2012, from the Department of Fisheries Western Australia, Locked Bag 39, Cloisters Square, Western Australia, 6850, for a permit for the placement of an artificial reef, offshore from Bunbury, Western Australia.
  • An application (SD2012/2302) was received on 29 July 2012, from Port Waratah Coal Services Limited Newcastle, PO Box 57, Carrington, Newcastle, NSW 2294, for a permit to load for the purposes of dumping, and to dump up to 652,000 cubic metres of material derived from capital dredging of the south arm swing basin within the Port of Newcastle, New South Wales.
  • An application (SD2012/2223) was received on 31 July 2012, from the Port of Townsville Limited,
    ACN: 130 077 673, Benwell Road, South Townsville, Queensland, 4810, for a permit to load for the purposes of dumping, and to dump material derived from maintenance dredging of the access channels, inner harbour, outer harbour areas, Townsville marine precinct, Ross Creek and Ross River within the Port of Townsville, New South Wales.
  • An application (SD2012/2342) was received on 8 August 2012, from the Department of Fisheries Western Australia, Locked Bag 39, Cloisters Square, Western Australia, 6850, for a permit for the placement of an artificial reef, offshore from Dunsborough, Western Australia.
  • An application (SD2012/2362) was received on 6 September 2012, from Gladstone Ports Corporation Limited, for a permit to load for the purposes of dumping, and to dump material derived from maintenance dredging at the Port of Gladstone, Queensland.
  • An application (SD2012/2382) was received on 28 November 2012, from Caltex Refineries (NSW) Pty Ltd, Level 24, 2 Market Street, Sydney, New South Wales, 2000, for a permit to load for the purposes of dumping, and to dump up to 153,000 cubic metres of material derived from capital dredging of the Caltex Kurnell port and berthing facilities in Botany Bay, New south Wales.
  • An application (SD2013/2402) was received on 24 December 2012, from Port Hedland Port Authority, PO Box 2, Port Hedland, WA, 6721, for a permit to load for the purposes of dumping, and to dump up to 3 million cubic metres of dredged material derived from maintenance dredging of port areas.

Permits Granted under sections 19 & 21 of the Act

  • A permit (SD2010/1782) was granted on 18 January 2012 to load for the purposes of dumping, and to dump up to 700,000 cubic metres of dredged material derived from maintenance dredging at the Port of Bunbury, Western Australia.
  • A permit (SD2011/2122) was granted on 23 March 2012 to BHP Billiton Iron Ore Pty Ltd, to load for the purposes of dumping, and to dump up to 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.
  • A permit (SD2012/2162) was granted on 25 March 2012 to North Queensland Bulk Ports Corporation Limited, to load for the purposes of dumping, and to dump up to 400,000 cubic metres of material derived from capital dredging of the Southern Channel-Fairway to Bell Mouth and the Inner Harbour of Albatross Bay at the Port of Weipa, Western Australia.
  • A permit (SD2011/2142) was granted on 4 April 2012 to the Port Hedland Port Authority to load for the purposes of dumping, and to dump up to 5,880,000 cubic metres of material derived from capital dredging as part of the construction of a cyclone mooring facility in the inner harbour of Port Hedland, Western Australia.

The Minister/delegate did not require these 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 (SD2007/0342) was received on 27 September 2012 from Port Hedland Port Authority, PO Box 2, Port Hedland, Western Australia, 3721, to extend the permit until
    28 May 2013 (variation number 2).

Permit Variations Granted under sections 21 & 23 of the Act

  • A variation to a permit (SD2007/0342) was granted on 29 October 2012 to the Port Hedland Port Authority, PO Box 2, Port Hedland, Western Australia, 3721, extending the expiry date until
    28 May 2013 (variation number 2).

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, 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

22 November 2016

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to address the need for regulating the disposal of waste materials at sea in order to protect the marine environment. This Act was passed by the Australian Parliament and aims to provide a regulatory framework for the dumping of materials at sea, ensuring that such activities do not cause harm to the marine environment. The Act allows the Minister for the Environment to grant permits for sea dumping, subject to conditions that aim to prevent adverse environmental impacts. Through this legislation, the Australian government seeks to balance economic activities with the need to protect and conserve the marine ecosystem. During the period from 1 January 2012 to 31 December 2012, several applications for sea dumping permits and variations were received and processed under the Act. These applications included requests for permits to dump materials from dredging operations and to place artificial reefs. The Department of the Environment and Energy handled these applications, granting and varying permits as appropriate. The policy objective of the Act remains to protect the marine environment by regulating sea dumping activities, ensuring they do not harm marine ecosystems or human health.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to all entities and persons involved in the loading and dumping of waste materials into the sea, including the placement of artificial reefs, within Australian waters. The Act governs the issuance of permits for such activities, ensuring that they are conducted in a manner that minimises harm to the marine environment. This legislation is applicable to various industries, such as maritime, dredging, and mining, as well as any entity or individual conducting such activities within the Commonwealth of Australia, including its territorial waters. The Act sets out the criteria and conditions for granting permits, and it may be subject to further regulation through subordinate instruments. Notably, the Act does not apply to certain types of dumping, such as that which is incidental to the normal operation of a vessel, nor does it apply to activities that are regulated under other environmental legislation. The Act also provides for the review and variation of permits, allowing for adjustments to be made in light of new information or changing circumstances.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the Act) establishes a regulatory framework for the dumping of material in Australian waters. Section 18 requires the submission of an application to the Minister for a permit to load and dump material, detailing the type and quantity of the material, the location, and the proposed method of disposal. Section 19 allows the Minister to grant a permit subject to any conditions deemed necessary to protect the marine environment. Section 21 allows the Minister to delegate the authority to grant permits to authorised officers. Section 23 permits variations to existing permits, provided an application is submitted and assessed under section 21. Section 25 mandates the publication of applications received and permits granted in the Gazette, ensuring transparency and public accountability. The Act imposes several obligations on applicants and permit holders. These include the submission of detailed applications that meet the requirements of section 18, providing sufficient information for the Minister to assess the environmental impact of the proposed dumping. Permit holders must adhere to the conditions specified in their permits, which may include requirements for monitoring and reporting the environmental effects of the dumping activities. Furthermore, any proposed variations to the permit must be applied for in accordance with section 23 and assessed by the Minister or delegate. Failure to comply with these obligations may result in the revocation of the permit and other legal consequences. Breaches of the Act can lead to significant penalties and legal consequences. Section 27 provides that any person who contravenes a permit condition commits an offence and is liable to a fine of up to $1,650,000 for a corporation and $330,000 for an individual, or imprisonment for up to five years, or both. Additionally, section 28 allows the Minister to recover costs associated with the enforcement of the Act, including legal costs and the costs of any remedial action taken. The Act also provides for civil penalties, where a person may be liable for damages resulting from environmental harm caused by non-compliance with the Act. The Act’s provisions are designed to safeguard Australia’s marine environment from the potentially harmful effects of sea dumping. By establishing a clear regulatory framework and imposing stringent obligations on applicants and permit holders, the Act ensures that any dumping activities are conducted in a manner that minimises environmental impact. The significant penalties for non-compliance serve as a deterrent, encouraging adherence to the Act’s requirements and the protection of marine ecosystems.

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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.