Matters to be published in the Gazette - Environment Protection (Sea Dumping) Act 1981 - 1 October to 31 December 2017

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Commonwealth Parliament to address the problem of environmental degradation caused by the disposal of waste materials into the marine environment. The Act seeks to prevent, reduce, and control pollution of the marine environment by sea dumping of wastes and other matter, and to provide for the granting of permits for the disposal of wastes and other matter at sea under controlled conditions. The policy objective of the Act is to ensure that any sea dumping of wastes and other matter is carried out in a manner that minimises the risk of harm to the marine environment. During the period from 1 October to 31 December 2017, several applications for permits under the Act were received and processed by the relevant authorities. These applications were for the placement of an artificial reef, the dumping of dredged material from maintenance dredging of various ports, and the abandonment of a wellhead. Some of these permits were granted subject to certain conditions to ensure that the sea dumping activities are carried out in an environmentally responsible manner. The details of these applications and permits are published in the Gazette in accordance with the requirements of the Act.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to entities and individuals involved in activities that involve the dumping of waste or other matter into the sea, within the Commonwealth of Australia, including its territorial sea. This Act ensures that such activities are conducted in a manner that protects the marine environment. The Act mandates that permits must be obtained before any sea dumping activities can occur, with the applications and permits being overseen by the Department of the Environment and Energy. The Act applies to a broad range of entities, including corporations, government agencies, and individuals, when they engage in actions that fall under the purview of sea dumping. However, certain exclusions and exemptions may apply, particularly in cases where activities are covered under other environmental protection legislation, such as the Environment Protection and Biodiversity Conservation Act 1999. The Act's application can be further extended or restricted through subordinate instruments, which may provide additional regulations or guidelines on specific types of dumping activities.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 outlines the framework for managing and controlling sea dumping activities within Australian waters. Under sections 18 and 19 of the Act, the Act requires that any entity or individual seeking to dump waste materials into the sea must first apply for a permit. These applications must detail the nature of the materials to be dumped, the proposed location, and the method of disposal. Once an application is received, the responsible authority must consider whether to grant or refuse the permit, as per sections 19 and 21. Permits are typically granted if the dumping will not cause significant harm to the marine environment. Entities such as Recfishwest, New South Wales Roads and Maritime Services, and Pilbara Ports Authority are required to comply with the provisions of the Act when submitting their applications. They must provide detailed information regarding the dumped materials, including potential environmental impacts, and must follow the specified procedures for obtaining a permit. Once a permit is granted, the entity must adhere to the conditions stipulated in the permit, ensuring that the dumping activities are conducted in a manner that minimises environmental harm. Failure to comply with the permit conditions can result in the permit being revoked or legal action being taken. The Act also stipulates consequences for non-compliance with its provisions. Section 132 of the Act outlines that any person who engages in sea dumping activities without a permit, or who breaches the conditions of a permit, commits an offence. The penalties for such offences can be severe, including substantial fines and, in some cases, imprisonment. For example, individuals may face fines up to $220,000, while corporations can be fined up to $1,100,000. Additionally, section 134 of the Act allows for civil penalties, where the court may order the offending entity to take corrective action or compensate for any environmental damage caused by the illegal dumping. These stringent measures are intended to deter non-compliance and protect the marine environment from harmful practices.