Notice of Application for the placement of artificial reefs (Reef Stars) at Moore Reef and Norman Reef (SD50351.1) under the Environment Protection (Sea Dumping) Act 1981

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to provide a framework for the regulation of sea dumping activities in Australian waters, aiming to protect the marine environment from harmful impacts. The Act was introduced to address the problem of uncontrolled and potentially environmentally damaging sea dumping practices, ensuring that such activities are conducted in a manner that minimises adverse effects on marine ecosystems. The policy objective of the Act is to balance the need for legitimate marine activities with the imperative to preserve and protect the marine environment. The Act is administered by the relevant federal or state bodies, depending on the jurisdictional waters where the dumping is proposed, with the aim of maintaining stringent controls over sea dumping operations. This legislation sets out the requirements for applications related to sea dumping, including the notification process, assessment criteria, and conditions that must be met before approval is granted. It empowers authorities to regulate and monitor sea dumping activities to ensure compliance with environmental protection standards, thereby safeguarding marine habitats and biodiversity. The enactment of this Act reflects a commitment to sustainable marine management and the preservation of Australia’s marine environment for future generations.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 governs the disposal of waste and other matter into the sea from vessels, aircraft, and platforms, with the primary objective of protecting the marine environment from harmful substances. This Act applies to any person or entity that proposes to carry out sea dumping activities within Australian waters, including Commonwealth, state, and territory waters. The application for the placement of artificial reefs, such as Reef Stars, at Moore Reef and Norman Reef falls under this legislative framework, involving several parties including Mr Eric Fisher, Reef Magic Cruises Pty. Ltd., Dawul Wuru Aboriginal Corporation, Gunggandji Aboriginal Corporation RNTBC, Mars Australia Pty Ltd, and Citizens of the Great Barrier Reef Foundation. The application is specific to the Great Barrier Reef Marine Park and requires approval from the Great Barrier Reef Marine Park Authority. This legislation does not explicitly outline exclusions or exemptions, but the approval process may consider various environmental and ecological factors to ensure compliance with marine protection objectives. The application of the Act may also be extended or refined through subordinate instruments or regulations that provide further detail on the approval and monitoring of sea dumping activities.

Key Provisions

The Notice of Application for the placement of artificial reefs (Reef Stars) at Moore Reef and Norman Reef, as stipulated in Section 25 of the Environment Protection (Sea Dumping) Act 1981, specifies the details of an application submitted on 21 May 2024 by Mr Eric Fisher, Reef Magic Cruises Pty. Ltd. (ACN: 076453257), Dawul Wuru Aboriginal Corporation, Gunggandji Aboriginal Corporation RNTBC, Mars Australia Pty Ltd (ACN: 008454313), and Citizens of the Great Barrier Reef Foundation (ACN: 614807564). This application seeks to place artificial reefs at the specified locations in the Great Barrier Reef Marine Park. The details of the application can be accessed through the Assistant Director, Tourism and Commercial, Environmental Assessment and Protection at the Great Barrier Reef Marine Park Authority or directly from Mr Eric Fisher. The Act imposes several obligations and requirements on the parties involved in the application. Firstly, the applicants must ensure that all submissions and documentation comply with the provisions of the Environment Protection (Sea Dumping) Act 1981. This includes providing comprehensive environmental impact assessments and ensuring that the proposed activities do not adversely affect the marine ecosystem. The applicants must also obtain any necessary permits and approvals from relevant authorities before proceeding with the placement of the artificial reefs. Furthermore, they must adhere to any conditions set forth by the Great Barrier Reef Marine Park Authority to mitigate any potential environmental harm. Failure to comply with the requirements of the Environment Protection (Sea Dumping) Act 1981 can result in significant consequences. The Act outlines various offences related to sea dumping activities, such as unauthorised disposal of substances or materials that can harm the marine environment. Penalties for breaches can include substantial fines and, in severe cases, imprisonment. For instance, individuals found guilty of contravening the Act could face fines up to $220,000, while corporations might incur fines up to $1,100,000. Additionally, civil actions may be pursued by affected parties seeking compensation for any environmental damage caused by non-compliance.