ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 January 2018 to 31 March 2018
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 (SD2018/3742) was received on 15 February 2018 from Kimberley Ports Authority, ABN: 56 780 427 150 for a permit to load for the purposes of dumping, and to dump up to 150,000 cubic metres of dredged material, derived from capital dredging of the channel and berths 11 and 12 at the Port of Broome, Western Australia.
- An application (SD2018/3762) was received on 27 March 2018 from Gladstone Ports Corporation Limited, ACN: 131 965 896 for a permit to load for the purposes of dumping, and to dump up to 1,460,000 cubic metres of dredged material, derived from maintenance dredging of the channels, swing basins and berths at the Port of Gladstone, Queensland.
- An application (SD2018/3782) was received on 29 March 2018 from Pilbara Ports Authority, ABN: 94 987 448 870 for a permit to load for the purposes of dumping, and to dump up to 400,000 cubic metres of dredged material, derived from capital dredging of the Stingray Creek Southern Swing Basin at Port Hedland, Western Australia.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2017/3642) was granted on 27 February 2018 to the Department of Defence, ABN: 68 706 814 312, to load for the purposes of dumping, and to dump up to 24,550 cubic metres of dredged material derived from capital dredging at the naval dockyard at Garden Island, Sydney, New South Wales.
- A permit (SD2017/3622) was granted on 7 March 2018 to Eni Australia Limited, ABN: 40 009 475 389, to abandon 2 wellheads, 151 kilometres east of Ashmore Reef in the Timor Sea.
The Minister/delegate did not require these permits to undergo 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 (SD2016/3322) was received on 23 March 2018 from Port of Townsville Limited, ACN: 130 077 673 to extend the permit until 4 April 2019, and to increase the total disposal volume from 1,075,000 cubic metres to 1,225,000 cubic metres of dredged material, derived from maintenance dredging of the access channels, Inner Harbour, Outer harbour and Ross River within the Port of Townsville, Queensland.
Copies of a decision by the Minister/delegate under the Act may be obtained, upon request, from the Director, Queensland South and Sea Dumping Section, Department of the Environment and Energy, GPO Box 787, CANBERRA, ACT 2601.
Andrew Murrell
Acting Director
Queensland South and Sea Dumping Section
16 / 5 / 2018
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted by the Commonwealth Parliament to provide a framework for the regulation of sea dumping activities in Australian waters, addressing the need to protect the marine environment from harmful effects caused by the disposal of waste materials into the sea. The policy objective of the Act is to ensure that sea dumping activities are conducted in a manner that minimises environmental harm, whilst allowing for the practical management of marine waste disposal where it is the most environmentally beneficial option. This is achieved through the issuance of permits for specific sea dumping activities, with certain exceptions and controls in place to safeguard the marine environment.
During the period from 1 January 2018 to 31 March 2018, several applications for sea dumping permits and variations to existing permits were received and processed under the Act. These applications included requests for the dumping of dredged material from various ports across Australia, as well as the abandonment of wellheads in the Timor Sea. The Minister or delegate determined that these permits did not require assessment under the Environment Protection and Biodiversity Conservation Act 1999, indicating that the proposed activities would not have a significant impact on the environment. Decisions regarding these applications can be obtained from the Queensland South and Sea Dumping Section of the Department of the Environment and Energy.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to engage in the dumping of dredged material, wastes, or other matter at sea within Australian jurisdiction. This encompasses various industries involved in dredging operations, such as port authorities, corporations, and governmental departments, and includes any conduct or transactions related to the loading, transporting, and dumping of materials into the sea. The Act has a national jurisdictional reach, covering all Australian waters as defined under the Commonwealth’s legislative authority. However, the Act does not extend to activities within state waters unless they intersect with Commonwealth waters or are subject to specific agreements under the EPBC Act. There are certain exclusions and exemptions, such as the exclusion of certain materials deemed harmless under specific conditions, and thresholds that determine the need for a permit based on the volume of dredged material. The Act also extends its application through subordinate instruments, such as regulations and guidelines, which provide further detail on permit conditions and environmental standards.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 outlines several key provisions regarding the dumping of dredged material and other substances into the sea. Section 18 (2) specifies the requirement for an application to be made for a permit to dump any dredged material, while Section 19 details the process for granting such permits. These applications must include information such as the location, volume, and nature of the material to be dumped. Section 21 allows the Minister or a delegate to grant these permits if they are satisfied that the dumping will not harm the marine environment. Section 23 covers the process for variations to existing permits, ensuring that any changes are also assessed to ensure environmental protection.
The Act imposes specific obligations on applicants, including the requirement to provide detailed information about the proposed dumping, including its potential environmental impact. Section 160 ensures that these permits do not require additional assessment under the Environment Protection and Biodiversity Conservation Act 1999 unless explicitly required. Additionally, Section 16 mandates that the Minister/delegate must consider the potential environmental effects of the proposed dumping, ensuring that all actions align with the Act’s aim to protect the marine environment.
Failure to comply with the requirements of the Act can result in significant legal consequences. Section 161 outlines the potential for civil penalties, including fines, for breaches of the Act. The maximum penalty for contravening the Act is set out in Section 162, which can amount to substantial fines, depending on the severity of the breach. Furthermore, Section 163 empowers the Minister to take enforcement actions, including the imposition of administrative penalties, which can further deter non-compliance. These provisions ensure that any breaches are addressed promptly and effectively, maintaining the integrity of the marine environment.