Notice of Decision for the Placement of Artificial Reefs (Reef Stars) at Moore Reef and Norman Reef (SD24-50351.1) under the Environment Protection (Sea Dumping) Act 1981

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted to address the need for stringent controls over the disposal of waste materials at sea, which can have detrimental effects on marine ecosystems and biodiversity. This Act was introduced by the Australian Parliament to provide a framework for the regulation of sea dumping activities, ensuring that such activities do not harm the environment. The policy objective of the Act is to protect the marine environment from the adverse effects of sea dumping by imposing licensing requirements and setting standards for the disposal of waste materials at sea. The notice of decision published under the Act informs the public of the granting of a permit for the placement of artificial reefs at specified locations, ensuring transparency and adherence to environmental protection standards.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to the placement of artificial reefs, including the Reef Stars mentioned in the notice, within the Commonwealth's jurisdiction. This Act governs the activities that involve the disposal of matter into the sea from vessels, aircraft, or platforms, ensuring environmental protection and sustainable practices. The permit granted under this Act applies to 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, enabling them to place the artificial reefs at specified locations within the Great Barrier Reef Marine Park. The permit covers the placement activities of the Reef Stars at Moore Reef and Norman Reef, ensuring that the designated entities adhere to the environmental standards and requirements set forth by the Act. The geographic reach of this permit is confined to the Great Barrier Reef Marine Park, and the application process is overseen by the Great Barrier Reef Marine Park Authority. This Act does not specify any exclusions or exemptions for this particular permit, thereby ensuring that the placement of the artificial reefs is compliant with the environmental protection mandates.

Key Provisions

Pursuant to Section 25 of the Environment Protection (Sea Dumping) Act 1981, a permit has been granted (Section 25) to a consortium consisting of 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 for the placement of artificial reefs (Reef Stars) at Moore Reef and Norman Reef within the Great Barrier Reef Marine Park. The permit, issued on 14 August 2024, authorises these parties to undertake the specified marine activity. This notice serves to inform the public of this permit and provide them with avenues to obtain further details regarding the application. The Act imposes several obligations on the permit holders. They must adhere to all conditions stipulated in the permit and comply with environmental protection measures designed to safeguard the marine ecosystem. This includes ensuring that the placement of the Reef Stars does not adversely affect the health of the reef or the species that inhabit it. The permit holders are also required to submit regular reports on the progress and impact of the reef placement activities to the Great Barrier Reef Marine Park Authority. This ensures transparency and accountability in their operations. Failure to comply with the provisions of the Environment Protection (Sea Dumping) Act 1981 or the conditions of the permit can result in severe consequences. The Act stipulates that any breach of its provisions can lead to civil or criminal penalties. For example, under Section 106, an individual who contravenes a condition of their permit may be subject to a fine of up to $66,000 for a corporation. Additionally, under Section 107, if the contravention is deemed to cause significant harm to the environment, the offender could face imprisonment for up to two years. These penalties serve as deterrents to ensure compliance with environmental protection standards.