NOTICE OF DECISION TO VARY A SEA DUMPING PERMIT UNDER THE ENVIRONMENT PROTECTION (SEA DUMPING) ACT 1981
Pursuant to Section 23 of the Environment Protection (Sea Dumping) Act 1981, notice is hereby given that the permit 10/02 granted to BM ALLIANCE COAL OPERATIONS PTY LTD (ABN 67 096 412 752), a company duly incorporated according to law and having its registered address at Level 23, 71 Eagle Street, Brisbane, Queensland 4000, was varied on 20 September 2013 to enable a 36 month period in which to reprocess or remove from the Great Barrier Reef Marine Park dredge spoil greater than 400mm in size.
Permit condition variation:
Removal of condition 21 of the Sea Dumping Permit 10/02 which states:
21.The Permittee must, within two (2) years of completion of the disposal activity, reprocess all dredge spoil components disposed under this permit that are greater than 400mm in any dimension so that all components are less than that size; or remove those components from the Marine Park.
and replacement with the following:
21. The Permittee must, within 36 months of completion of the disposal activity, reprocess dredge spoil components disposed under this permit that are greater than 400mm in any dimension in accordance with the Environmental Management Plan (Marine Ecology) for Dredging and Dredged Material Disposal Hay Point Coal Terminal Expansion Phase 3 (HPX3) and the Dredging and Blasting Environmental Management Plan Hay Point Coal Terminal Expansion Phase 3 (HPX3), or remove those components from the Marine Park.
Details of the permit may be obtained from Manager, Ports and Shipping
(07 47500 700), Great Barrier Reef Marine Park Authority, PO Box 1379, Townsville, Qld, 4870.
Bruce Elliot
General Manager, Biodiversity, Conservation and Sustainable Use Branch
Great Barrier Reef Marine Park Authority
20 September 2013
Overview
The Environment Protection (Sea Dumping) Act 1981 was enacted to address the need for stringent regulations on the disposal of waste materials into marine environments, aiming to protect marine ecosystems from harmful pollutants. The Act was introduced by the Australian Parliament to provide a legislative framework for the control and management of sea dumping activities, ensuring that such activities do not adversely impact the marine environment. This Act aims to safeguard the marine environment by imposing strict conditions and requirements on entities that engage in sea dumping, thereby preventing potential harm to marine life and ecosystems. The notice of decision to vary a sea dumping permit under this Act highlights the ongoing commitment to environmental protection and the adaptation of regulatory measures to better address ecological concerns.
Scope and Application
The Environment Protection (Sea Dumping) Act 1981 applies to entities involved in sea dumping activities within Australian waters, specifically focusing on the disposal of dredged material and other substances into marine environments. The Act governs the permitting process for such activities, ensuring that they are conducted in a manner that minimises environmental harm. In this instance, the Act is applied to BM ALLIANCE COAL OPERATIONS PTY LTD, a company that has been granted a permit to undertake sea dumping activities, specifically the disposal of dredge spoil in the Great Barrier Reef Marine Park. The permit has been varied to allow the company an extended period to reprocess or remove specified dredged materials. The Act's jurisdiction extends to Commonwealth waters, and its provisions can be enforced through subordinate instruments, allowing for detailed regulation and oversight of sea dumping activities. There are no specific exclusions mentioned in the notice, indicating that the varied permit conditions apply comprehensively to the specified activities and location.
Key Provisions
Pursuant to Section 23 of the Environment Protection (Sea Dumping) Act 1981, the legislation provides for the variation of a sea dumping permit. Specifically, Permit 10/02 issued to BM Alliance Coal Operations Pty Ltd has been varied to allow a 36-month period for the reprocessing or removal of dredge spoil greater than 400mm in size from the Great Barrier Reef Marine Park. This variation replaces the original requirement, stipulated in condition 21 of the permit, that required the reprocessing or removal of dredge spoil components within two years of the completion of the disposal activity.
The Act imposes specific obligations on BM Alliance Coal Operations Pty Ltd, the permittee. The primary requirement is to ensure that all dredge spoil components disposed under the permit that are larger than 400mm in any dimension are either reprocessed in accordance with the Environmental Management Plan (Marine Ecology) for Dredging and Dredged Material Disposal Hay Point Coal Terminal Expansion Phase 3 (HPX3) and the Dredging and Blasting Environmental Management Plan Hay Point Coal Terminal Expansion Phase 3 (HPX3), or removed from the Marine Park within the stipulated 36-month timeframe. This ensures the permittee complies with the environmental management plans and protects the marine ecosystem.
Failure to comply with the terms and conditions of the varied permit can result in legal consequences. Under the Environment Protection (Sea Dumping) Act 1981, breaches of the permit conditions can be considered offences. Such breaches may attract civil or criminal penalties, including fines and potential imprisonment. The specific maximum penalties are not detailed in the notice, but they are prescribed within the Act itself and can vary based on the severity and nature of the breach. It is essential for the permittee to adhere to the conditions to avoid any legal repercussions.