ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 July 2018 to 30 September 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 (SD2018/3862) was received on 14 August 2018 from Department of Defence,
ABN 68 706 814 312, for a permit to load for the purposes of dumping, and to dump up to 19,400 cubic metres of dredged material, derived from Phase 2 Capital Dredging at Garden Island Naval Dockyard, Sydney, New South Wales. - An application (SD2018/3882) was received on 17 September 2018 from Bledisloe Australia Pty Ltd, Trading as George Hartnett Metropolitan Funerals - Mount Gravatt, ABN 59 067 304 545, for a permit for a burial at sea located offshore of Cape Moreton, Queensland.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2017/3702) was granted on 3 July 2018, to Pilbara Ports Authority, PO Box 84, West Perth, Western Australia, 6872, ABN 94 987 448 870, to load for the purposes of dumping, and to dump up to 2.5 million cubic metres (in-situ) of dredged material, derived from maintenance dredging at the Port of Port Hedland, Western Australia.
- A permit (SD2018/3742) was granted on 26 July 2018, to Kimberley Ports Authority, 280 Port Drive Broome, Western Australia, 6725, ABN 56 780 427 150, to load for the purposes of dumping, and to dump up to 150,000 cubic metres (in-situ) of dredged material, derived from capital dredging of the Port of Broome, Western Australia.
- A permit (SD2018/3782) was granted on 31 July 2018, to Pilbara Ports Authority, PO Box 84, West Perth, Western Australia, 6872, ABN: 94 987 448 870, to load for the purposes of dumping, and to dump up to 400,000 cubic metres (in-situ) of dredged material, derived from capital dredging of the Stingray Creek Southern Swing Basin, in the Port of Port Hedland, Western Australia.
- A permit (SD2018/3822) was granted on 17 September 2018, to WA Recreational and Sportfishing Council, 3/45 Northside Drive, Hillarys, Western Australia, 6025, ABN 77 922 817 608, for the placement of an artificial reef offshore of Esperance, Western Australia.
- A permit (SD2018/3762) was granted on 20 September 2018, to Gladstone Ports Corporation Limited, PO Box 259, Gladstone, Queensland, 4680, ACN 131 965 896, to load for the purposes of dumping, and to dump up to 1,460,000 cubic metres (in-situ) of dredged material, derived from maintenance dredging of the channels, swing basins and berths at the Port of Gladstone, Queensland.
- A permit (SD2018/3882) was granted on 20 September 2018, to Bledisloe Australia Pty Ltd,
ABN 59 067 304 545, for a burial at sea, located offshore of Cape Moreton, Queensland.
The Minister/delegate did not require the permit(s) to undergo an assessment in accordance with section 160 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Permit Variations granted under sections 21 and 23 of the Act
- A variation (variation 1) to a permit (SD2017/3542) was granted on 3 July 2018 to the Pilbara Ports Authority, PO Box 84, West Perth, Western Australia, ABN: 94 987 448 870, which increased the permitted disposal volume from 1.913 million cubic metres to 3.266 million cubic metres.
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.
Anu Datta
Director
Queensland Assessments and Sea Dumping Section
15 November 2018
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to regulate the dumping of waste materials into the ocean. The Act aims to protect the marine environment by controlling the disposal of wastes at sea, ensuring that such activities are conducted in a manner that minimises harm to the marine ecosystem. This legislative framework provides a structured approach for the issuance of permits and the regulation of sea dumping activities, ensuring they align with environmental protection standards. The 1981 Act has been critical in establishing a regulatory environment that balances industrial needs with the imperative to preserve marine biodiversity and the health of ocean ecosystems. Through this Act, the Australian government seeks to achieve its policy objective of preventing pollution and maintaining the integrity of marine environments.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to dump waste or dredged material into Australian waters. The Act, which operates at the Commonwealth level, regulates the disposal of such materials to protect the marine environment, with the primary goal of preventing harm through sea dumping activities. The Act applies to a range of entities including government departments, corporations, and individuals, and covers various types of conduct and transactions involving the disposal of waste or dredged material into marine waters. The Act does not apply to certain specified exclusions such as the dumping of waste for scientific research under a permit issued by the Minister, or certain activities related to the operation of ships, aircraft, or other vessels. The Act can be extended and restricted through subordinate instruments, which may provide further details on the types of materials that can be dumped, the conditions under which dumping can occur, and the procedures for applying for permits or variations. The applications and permits referenced in the gazette demonstrate the Act's application in practice, covering a range of activities from capital dredging at naval dockyards to the placement of artificial reefs for recreational purposes.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 (the Act) governs the dumping of substances into the marine environment in Australia. Section 18 requires an applicant to submit an application to the Minister or a delegate for a permit to dump, detailing the substance, the proposed location, and the quantity. Section 19 allows the Minister or delegate to grant a permit subject to conditions that are deemed necessary to protect the marine environment. Section 21 allows for the grant of a permit for a burial at sea, again subject to conditions. Section 25 requires the Minister to publish certain information about applications and permits in the Gazette.
The Act imposes several obligations on the parties it governs. The primary obligation is on applicants, who must provide comprehensive and accurate information in their applications to facilitate the assessment process (Section 18). The Minister or delegate has a duty to assess applications and determine whether a permit should be granted, taking into account the environmental impact of the proposed activity (Section 19). Permit holders must adhere to the conditions specified in their permits, which may include requirements related to the monitoring and reporting of the dumping activity (Section 21). Additionally, the Act mandates the publication of certain information about applications and permits in the Gazette, ensuring transparency and public awareness (Section 25).
The Act provides for various offences and penalties to enforce compliance. Section 201 imposes civil penalties for breaches of permit conditions, with fines up to $220,000 for individuals and $1,100,000 for bodies corporate. Section 202 allows for the imposition of criminal penalties, including fines up to $1,100,000 and imprisonment for up to five years for individuals, and $5,500,000 and imprisonment for up to ten years for bodies corporate, for serious breaches such as causing significant harm to the marine environment. Section 203 enables the Minister to cancel a permit if there is a breach of permit conditions, which can have significant consequences for the permit holder’s operations. These provisions ensure that the Act's objectives are upheld and that activities that harm the marine environment are effectively deterred.