ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 January 2017 to 31 March 2017
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 (SD2017/3482) was received on 6 February 2017 from the New South Wales Department of Industry, Skills and Regional Development (ABN: 72 189 919 072), 36 Marina Drive,
Coffs Harbour Jetty, New South Wales 2450, for a permit for the placement of an artificial reef, offshore of southern Sydney, New South Wales. - An application (SD2017/3502) was received on 23 February 2017 from the New South Wales Department of Industry – Lands (ABN: 72 189 919 072), PO Box 2185, Dangar, New South Wales 2309, for a permit to load for the purposes of dumping, and to dump dredged material, derived from maintenance dredging of the Yamba Boat Harbour, located in the Clarence River estuary, New South Wales.
- An application (SD2017/3522) was received on 16 March 2017 from Sapphire Coast Funerals Pty Limited (ABN: 90 003 457 654), PO Box 104, Pambula, New South Wales, 2549, for a permit for a burial at sea offshore of Merimbula, New South Wales.
- An application (SD2017/3542) was received on 31 March 2017 from Pilbara Ports Authority
(ABN: 94 987 448 870), PO Box 84, West Perth, Western Australia, 6872, for a permit to load for the purposes of dumping, and to dump up to 2,000,000 cubic metres of dredged material, derived from capital dredging of the outer channel at Port Hedland, Western Australia.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2016/3382) was granted on 17 February 2017 to Chevron Australia Pty Ltd (ACN: 086 197 757), 250 St Georges Terrace, Perth, Western Australia , 6000, to load for the purposes of dumping, and to dump up to 2,000,000 cubic metres of seabed material derived from maintenance dredging from the Port of Barrow Island, Western Australia. 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).
- A permit (SD2012/2243) was granted on 8 March 2017 to the Department of Immigration and Border Protection (ABN: 33 380 054 835) and the Australian Fisheries Management Authority (ABN: 81 098 497 517), to load for the purposes of dumping and to dump up to 50 wooden vessels at sea. 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).
- A permit (SD2017/3522) was granted on 23 March 2017 to Sapphire Coast Funerals Pty Limited
(ABN: 90 003 457 654), PO Box 104, Pambula, New South Wales, 2549, for a permit for a burial at sea offshore of Merimbula, New South Wales. 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). - A permit (SD2016/3442) was granted on 31 March 2017 to the Southern Ports Authority (ABN: 30 044 341 250), to load for the purposes of dumping, and to dump up to 11,700,000 cubic metres of seabed material derived from capital dredging of the Princess Royal Harbour shipping channel, Albany, Western Australia. The 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, Queensland Assessments and Sea Dumping Section, Department of the Environment and Energy, GPO Box 787, CANBERRA, ACT 2601.
Karina McLachlan
A/g Director
Assessments and Sea Dumping Section
18 April 2017
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted to address the problem of environmental degradation caused by the dumping of waste materials into the ocean. This legislation provides a framework for the regulation of sea dumping activities in Australian waters, aiming to protect the marine environment from harmful effects. The Act is administered by the Parliament of Australia and its policy objective is to ensure that sea dumping activities are carried out in a manner that minimises potential harm to the marine ecosystem. The Act outlines the processes for application, assessment, and permit issuance for sea dumping activities, ensuring that only those activities that meet stringent environmental standards are permitted. The Act also provides for public notification and consultation on proposed sea dumping activities, allowing stakeholders to provide input and ensuring transparency in the decision-making process.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to entities and individuals involved in sea dumping activities within Australian waters, particularly focusing on the regulation of the placement of materials into the sea to protect the marine environment. The Act applies to any person or entity seeking to dump waste or other materials at sea, including governmental departments and private businesses. Its jurisdictional reach is Commonwealth, as it is a federal statute that governs sea dumping activities across Australia. The Act allows for the issuance of permits for specific dumping activities and mandates certain conditions and restrictions to safeguard the marine ecosystem. It excludes certain activities from permit requirements, including minor disposals or those not significantly impacting the marine environment. The application and enforcement of the Act can be extended or modified through subordinate legislation, allowing for adjustments to the regulatory framework in response to new scientific insights or changing environmental conditions. The Act also provides a mechanism for public notification and consultation on permit applications, ensuring transparency and community involvement in decisions affecting marine environments.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 governs the placement of waste materials into the marine environment. Section 18 of the Act outlines the process for applying for a permit to dump waste materials into the sea, while section 19 permits the granting of such permits. Section 21 further details the conditions that can be attached to these permits, ensuring that the dumping of materials does not harm the marine environment. Section 25 requires the publication of certain information regarding applications and permits in the Gazette, to ensure transparency and public awareness of sea dumping activities. These sections collectively aim to regulate and monitor the sea dumping process to protect marine ecosystems.
The Act imposes several obligations on the parties applying for or holding a permit to dump materials at sea. Applicants must submit detailed information about the proposed dumping activities, including the type and quantity of materials, the location, and the methods to be used (section 18). Permit holders must adhere to the specific conditions set by the Minister or delegate, which may include environmental impact assessments, monitoring requirements, and restrictions on the types of materials that can be dumped (section 21). Compliance with these conditions is crucial to mitigate any potential adverse effects on the marine environment. Furthermore, the Act mandates that permit holders report on the dumping activities to the relevant authorities, ensuring accountability and transparency in the process (section 25).
Violations of the Environment Protection (Sea Dumping) Act 1981 can result in significant legal consequences. Section 229 of the Act outlines various offences related to non-compliance with permit conditions, unauthorised dumping, and providing false information in permit applications. Offenders may face substantial penalties, including fines of up to $1,100,000 for corporations and $220,000 for individuals, as stipulated in section 232. Additionally, section 233 empowers the courts to impose imprisonment for up to five years for serious offences. These stringent penalties underscore the importance of adhering to the Act’s provisions to protect marine ecosystems and public health.