Notice of Application for the placement of artificial reefs (reef stars) at Hastings Reef (SD48458.1) under the Environment Protection (Sea Dumping) Act 1981

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to safeguard the marine environment from the harmful effects of sea dumping, ensuring that any activities involving the disposal of substances into marine waters are conducted in a manner that minimises potential environmental impacts. This Act was introduced to address the problem of unregulated and potentially damaging sea dumping activities that could adversely affect marine ecosystems and biodiversity. Enacted by the Australian Parliament, the policy objective of the Act is to provide a framework for the regulation of sea dumping activities, ensuring they are conducted responsibly and sustainably. The Act aims to protect marine environments by imposing stringent controls and requirements on those seeking to engage in sea dumping, thereby promoting the conservation and preservation of Australia's marine resources.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 governs the placement of artificial reefs in Australian waters, including within the Great Barrier Reef Marine Park. This particular application under the Act relates to the proposed placement of artificial reefs (reef stars) at Hastings Reef (SD48458.1) by a consortium of parties, including Mr Eric Fisher, Reef Magic Cruises Pty Ltd, Citizens of the Great Barrier Reef, James Cook University via its Centre for Tropical Water and Aquatic Ecosystem Research, the Dawul Wuru Aboriginal Corporation, Mars Australia Pty Ltd, and Ms Kerry Cameron. The application is confined to the geographic jurisdiction of the Great Barrier Reef Marine Park, which is a Commonwealth protected area. The Act applies to the conduct and transactions involved in the sea dumping of materials, including artificial reefs, ensuring that these activities comply with environmental protection standards to mitigate adverse impacts on marine ecosystems. The application process requires adherence to the provisions of the Act and any subordinate instruments that may extend or modify its application. The Act does not specify particular exclusions, exemptions, or thresholds in this context, but rather directs that the application be subject to the overarching environmental protection mandates of the legislation.

Key Provisions

Pursuant to Section 25 of the Environment Protection (Sea Dumping) Act 1981, the Notice of Application details that an application was submitted on 6 March 2023 by Mr Eric Fisher and Reef Magic Cruises Pty Ltd, Citizens of the Great Barrier Reef, James Cook University through the Centre for Tropical Water and Aquatic Ecosystem Research, Dawul Wuru Aboriginal Corporation, Mars Australia Pty Ltd, and Ms Kerry Cameron. The application seeks permission for the placement of artificial reefs, specifically reef stars, at Hastings Reef (SD48458.1) within the Great Barrier Reef Marine Park. This application, made under the auspices of the Act, aims to introduce artificial structures to the marine environment to potentially enhance marine life and habitats in the specified area. The Act imposes specific obligations and requirements on the applicants. Firstly, they must provide detailed information about the proposed placement of the artificial reefs, including the type, size, and quantity of the reef stars. Additionally, the applicants are required to demonstrate that the proposed activity will not cause harm to the marine environment, human health, or other legitimate uses of the sea. This involves submitting an Environmental Effects Statement (EES) that outlines the potential environmental impacts and mitigation measures. The applicants must also engage with relevant stakeholders, including local Indigenous groups and other marine park users, to ensure that their activities are compatible with broader marine park objectives. Failure to comply with the requirements of the Act or the terms of the application can result in various penalties and consequences. Under Section 32 of the Act, any person who contravenes the Act or the conditions of an approval may be liable for penalties. For individuals, the maximum penalty can be up to $1,100,000, and for bodies corporate, the maximum penalty can be up to $5,500,000. Furthermore, the court may order the removal of any dumped material that causes harm to the environment, and in severe cases, criminal charges may be pursued. The stringent penalties underscore the importance of adherence to environmental regulations to protect marine ecosystems and ensure sustainable practices.