ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
MATTERS TO BE PUBLISHED IN THE GAZETTE
FOR THE PERIOD: 1 October 2018 to 31 December 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 (SD2018/3902) was received on 10 December 2018 from Southern Dredging Pty Ltd, ABN 28 624 473 463, for a permit to load for the purposes of dumping, and to dump up to 13,500 cubic metres of dredged material, derived from maintenance dredging of Sylvania Waters and Woronora River, New South Wales.
- An application (SD2018-3922) was received on 11 December 2018 from Pettigrew Bros Pty Ltd,
ABN 72 000 633 465, for a permit for a burial at sea located offshore of The Entrance, New South Wales. - An application (SD2018-3942) was received on 18 December 2018 from the Port of Townsville Limited,
ABN 44 411 774 236, for a permit to load for the purposes of dumping, and to dump up to
4,000,050 cubic metres of dredged material, derived from maintenance dredging of the Port of Townsville.
Permits granted under sections 19 and 21 of the Act
- A permit (SD2018/3682) was granted on 5 October 2018 to the Department of Defence,
ABN 68 706 814 312 to load for the purposes of dumping, and to dump up to 19,140 cubic metres of seabed material derived from capital dredging at the Garden Island Naval Base, Sydney, New South Wales. - A permit (SD2018/3842) was granted on 15 November 2018 to Cairns Regional Council,
ABN 24 310 025 910, to load for the purposes of dumping, and to dump up to 667,000 cubic metres of seabed material derived from maintenance dredging of the Half Moon Bay Entrance Channels, Bluewater Harbour, Half Moon Creek and Half Moon Bay Marina, Queensland.
- A permit (SD2018/3922) was granted on 14 December 2018 to Pettigrew Bros Pty Ltd,
ABN 72 000 633 465, for a permit for a burial at sea located offshore of The Entrance, New South Wales.
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 (SD2012/2322) was received on 2 October 2018 from the Department of Primary Industries and Regional Development, Western Australia, ABN 18 951 343 745, for a permit variation for the Artificial Reef offshore of Bunbury, Western Australia.
- An application for a variation to a permit (SD2008/1062) was received on 28 November 2018 from Department of Industry, ABN 72 189 919 072, for a permit variation for the Ex-HMAS Adelaide Artificial Reef offshore of Avoca, New South Wales.
Permit Variations granted under sections 21 and 23 of the Act
- A variation (Number 1) to a permit (SD2012/2322) was granted on 23 November 2018 to the Western Australian Department of Primary Industries and Regional Development, ABN 18 951 343 745, to vary the name of the permit holder and revise the conditions of the permit to allow for the augmentation of the Bunbury Artificial Reef, Offshore of Bunbury, Western Australia.
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.
Anu Datta
Director
Queensland South and Sea Dumping Section
24 January 2019
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted to address the environmental concerns associated with sea dumping activities, particularly the disposal of dredged material and other substances into the marine environment. This legislation was introduced by the Australian Parliament to establish a regulatory framework that governs the authorisation and monitoring of sea dumping activities, ensuring that they are conducted in a manner that minimises harm to the marine environment. The policy objective of the Act is to protect the marine environment from adverse impacts caused by sea dumping, while allowing for the responsible disposal of materials when necessary for economic or other legitimate purposes. This is achieved by requiring permits for sea dumping activities, with the Minister or delegate having the authority to grant, refuse, vary, suspend, or cancel these permits based on environmental considerations.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity proposing to load or dump waste, including dredged material, into the sea from a vessel or platform within the Australian maritime zone. This includes Commonwealth, state, and territory waters and extends to activities that occur offshore from Australia's territorial sea. The Act encompasses a wide range of industries and conduct involving sea dumping, such as dredging operations, disposal of seabed material, and creation of artificial reefs, subject to permit requirements. The Act does not apply to activities that fall under the purview of other environmental protection legislation, such as the Environment Protection and Biodiversity Conservation Act 1999. The Act can be further refined through subordinate instruments that may provide specific regulations or guidelines, but the primary provisions and permit requirements are detailed within the Act itself. Applications for permits and variations must be submitted to the appropriate authority, and decisions are published in the Gazette.
Key Provisions
The Environment Protection (Sea Dumping) Act 1981 provides the legislative framework for the regulation of sea dumping activities in Australian waters. Section 18 (2) of the Act stipulates that a permit is required for the dumping of dredged material or any other material into the sea. Under section 19, the Minister or a delegate can grant such a permit subject to conditions that are deemed necessary for environmental protection. Section 21 addresses the granting of permits for the loading of material for the purpose of dumping, again subject to specified conditions. Furthermore, section 23 pertains to the variation of existing permits, allowing for amendments to the terms and conditions under which the permits were initially granted.
The Act imposes several obligations on permit applicants and holders. Under section 18, applicants must submit detailed applications that include information about the material to be dumped, the proposed location, and the environmental impact of the dumping. Permit holders, under section 21, are required to adhere strictly to the conditions set out in their permits, including any monitoring or reporting obligations. Additionally, section 23 necessitates that any proposed variations to a permit are justified and do not compromise environmental protection standards. These obligations ensure that all sea dumping activities are conducted in a manner that minimises environmental harm.
Breach of the provisions of the Environment Protection (Sea Dumping) Act 1981 can lead to significant legal consequences. Under section 200, any person who engages in sea dumping activities without a permit, or in contravention of the terms and conditions of a permit, commits an offence. The Act prescribes penalties for such offences, which can include substantial fines. For example, section 201 states that an individual offender can be fined up to $330,000 or, in the case of a corporation, up to $1,650,000. Moreover, continued non-compliance may result in further penalties, including potential criminal charges and the imposition of additional administrative penalties as deemed necessary by the court.