Notice of Application for the placement of artificial reefs (underwater sculptures) at John Brewer Reef (SD48042.1) under the Environment Protection (Sea Dumping) Act 1981

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to regulate the disposal of waste materials and other items into the sea, aiming to protect the marine environment from harmful effects of dumping. This legislation was introduced to address the need for strict controls on activities that could potentially harm marine ecosystems, ensuring that any sea dumping activities are conducted responsibly and sustainably. The Act provides a framework for the assessment and regulation of such activities, with a clear policy objective of safeguarding the marine environment and maintaining its ecological balance. The enacting body for this Act is the Australian Parliament, reflecting the national importance of marine environmental protection. This particular application under the Act, as notified in the Gazette on 22 December 2022, pertains to the placement of artificial reefs, specifically underwater sculptures, at John Brewer Reef in the Great Barrier Reef Marine Park. The Museum of Underwater Art Limited has applied for permission to undertake this activity, which must be assessed to ensure it complies with the environmental protections stipulated in the Act. The Great Barrier Reef Marine Park Authority is responsible for reviewing this application, highlighting the collaborative effort between federal legislation and local marine park management to protect this significant natural and cultural heritage site.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity intending to engage in activities that involve the disposal of matter into the sea from vessels or aircraft, or the placement of objects in the sea, including artificial reefs such as underwater sculptures. This Act has a Commonwealth jurisdictional reach, and applies across Australia’s maritime zones. In this instance, the Act applies to the Museum of Underwater Art Limited, a Queensland-based entity, for its proposal to place artificial reefs at John Brewer Reef within the Great Barrier Reef Marine Park. While the Act generally seeks to prevent harm to the marine environment, it allows for the issuance of permits for certain activities that are deemed to be in the public interest, provided they do not conflict with the objectives of the Act. The application process involves detailed scrutiny and public notification, as evidenced by the notice of application for the underwater sculptures, to ensure transparency and community engagement. Exclusions and exemptions within the Act are determined on a case-by-case basis, with certain activities potentially qualifying for exemption if they meet specific criteria. The Act can be further regulated through subordinate instruments, which may establish additional guidelines, conditions, or thresholds for applications.

Key Provisions

The key sections of the Environment Protection (Sea Dumping) Act 1981 that govern the placement of artificial reefs, such as underwater sculptures, include Section 25, which mandates the giving of notice for any application for sea dumping (Section 25(1)). This notice informs the public and relevant authorities of the proposed activity and provides an opportunity for submissions and objections (Section 25(2)). Section 28 of the Act outlines the criteria for granting a sea dumping permit, which includes considerations such as the potential environmental impacts of the proposed activity (Section 28(1)). The Act also requires an environmental impact assessment to be conducted and submitted as part of the application process (Section 29). The obligations imposed by the Act on the parties involved include the requirement for the Museum of Underwater Art Limited to submit a detailed application, including the environmental impact assessment, to the Great Barrier Reef Marine Park Authority (Section 28(1)). The Great Barrier Reef Marine Park Authority is then tasked with reviewing the application, considering any submissions received, and deciding whether to grant a permit (Section 28(2)). If a permit is granted, the Museum of Underwater Art Limited must adhere to the conditions specified in the permit, which may include requirements for monitoring and reporting on the environmental impacts of the artificial reefs (Section 31). Breaches of the Act, or non-compliance with the conditions of a permit, can result in significant penalties. Under Section 40, an individual who contravenes the Act or permit conditions can be fined up to $22,000 for a corporation. For ongoing breaches, additional penalties of up to $1,100 per day may be imposed (Section 40(2)). Additionally, the Great Barrier Reef Marine Park Authority has the authority to take enforcement actions, including the suspension or revocation of permits, and to seek court orders to prevent or remedy breaches (Section 42). The Act also provides for civil remedies, where a person who has suffered loss or damage due to a breach can seek compensation from the offender (Section 43). These provisions underscore the importance of compliance with the Act to protect the marine environment and ensure sustainable use of marine resources.