Notice of Decision under the Environment Protection (Sea Dumping) Act 1981 - Great Barrier Reef Marine Park Authority

Overview

The Environment Protection (Sea Dumping) Act 1981 was enacted by the Parliament of Australia to address the problem of harmful sea dumping and its potential environmental impacts. The Act establishes a regulatory framework to control and minimise the environmental risks associated with the disposal of materials into the sea, aiming to protect marine ecosystems and public health. The policy objective is to ensure that any sea dumping activities are conducted in a manner that prevents or minimises adverse effects on the marine environment. The issuance of a permit, such as the one granted on 4 November 2020 to the Great Barrier Reef Marine Park Authority for the placement of an artificial reef at Green Island, Queensland, reflects the application of this legislative framework to regulate specific activities that may otherwise pose environmental risks.

Scope and Application

The Environment Protection (Sea Dumping) Act 1981 applies to any person or entity seeking to carry out activities involving the dumping of waste or other matter into the marine environment, specifically within the jurisdiction of Australian waters, including the internal waters, territorial sea, and the Australian exclusive economic zone. The Act is designed to protect the marine environment from the adverse effects of sea dumping, thus it applies to a broad range of industries, including shipping, fishing, and offshore oil and gas exploration and production, where such activities may involve the disposal of waste or other matter into the sea. The permit granted under this Act specifically applies to the Great Barrier Reef Marine Park Authority, which is tasked with managing the placement of an artificial reef at Green Island, Queensland. The Act's jurisdictional reach extends across the Commonwealth of Australia, with specific permits being granted for particular activities in defined locations. The Act does not detail specific exclusions or exemptions but rather allows for the establishment of conditions attached to permits which can dictate the scope and manner of the permitted activity. The application and enforcement of the Act can be further detailed and refined through subordinate instruments, such as regulations or guidelines, which may provide additional specifications and procedural requirements.

Key Provisions

The Environment Protection (Sea Dumping) Act 1981 (the "Act") provides a regulatory framework for the placement of matter into the sea, ensuring environmental protection and minimising adverse impacts. Section 25 of the Act mandates that a permit must be obtained before placing any matter into the sea, which includes the sea floor, subsoil, and the water column. In this instance, a permit was granted under Section 25 on 4 November 2020 to the Great Barrier Reef Marine Park Authority (ABN 12 949 356 885), allowing the placement of an artificial reef at Green Island, Queensland. This permit signifies that the Great Barrier Reef Marine Park Authority has met the requirements set forth in the Act for such activities. Under the Act, the Great Barrier Reef Marine Park Authority must adhere to specific obligations and conditions outlined in the permit. These conditions are designed to ensure that the placement of the artificial reef does not cause harm to the marine environment or interfere with the ecological balance of the area. The permit holder is required to follow any additional terms and conditions that may be stipulated by the Minister for the Environment, which can include measures to monitor environmental impact, reporting requirements, and restrictions on the types and quantities of materials used. Failure to comply with the provisions of the Act or the conditions of the permit may result in significant consequences. The Act includes provisions for both civil and criminal penalties. For example, under Section 45, a person who contravenes a condition of a permit commits an offence and may be liable to a fine of up to $66,000 for an individual and up to $330,000 for a body corporate. Additionally, under Section 46, where a person causes environmental harm through non-compliance, they may face further penalties, including imprisonment. These stringent measures are in place to enforce the Act's objectives of protecting the marine environment and ensuring sustainable practices. Overall, the Act ensures that any sea dumping activities are carefully regulated and monitored to prevent environmental degradation. The permit granted to the Great Barrier Reef Marine Park Authority is a testament to the rigorous standards set by the Act, ensuring that the placement of the artificial reef at Green Island is carried out in a manner that safeguards the marine ecosystem.