1Short title
This Act may be cited as the Environment Protection (Sea Dumping) Act 1981.
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This Act may be cited as the Environment Protection (Sea Dumping) Act 1981.
This Act shall come into operation on a date to be fixed by Proclamation.
The following Acts are repealed:
Beaches, Fishing Grounds and Sea Routes Protection Act 1932.
Beaches, Fishing Grounds and Sea Routes Protection Act 1961.
In this Act, unless the contrary intention appears:
Antarctic Treaty means the Treaty concerning Antarctica, to which Australia is a party, done at Washington on 1 December 1959.
The text of the Treaty is set out in the Australian Treaty Series 1961 No. 12.
artificial reef means a structure or formation placed on the seabed:
for the purpose of increasing or concentrating populations of marine plants and animals; or
for the purpose of being used in human recreational activities;
and includes anything prescribed by the regulations to be an artificial reef for the purposes of this definition, but does not include anything prescribed by the regulations not to be an artificial reef for the purposes of this definition.
artificial reef permit means a permit under section 19 for the placement of an artificial reef.
artificial reef placement means the placement of any controlled material into the sea for the purpose of creating an artificial reef, being a placement that is not contrary to the aims of the Protocol.
Australian aircraft means an aircraft that:
is owned by:
the Commonwealth or an authority of the Commonwealth; or
a State or an authority of a State; or
the Northern Territory or an authority of the Northern Territory; or
is registered in Australia.
Australian platform means a platform in Australian waters that is:
owned by:
an Australian citizen; or
a person who holds a permanent visa under the Migration Act 1958 and is domiciled in Australia or an external Territory; or
a corporation incorporated in Australia or an external Territory; or
the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or
operated by:
a corporation incorporated in Australia or an external Territory; or
the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or
prescribed by regulations made for the purposes of this paragraph as being an Australian platform;
except a platform prescribed by the regulations as not being an Australian platform.
For prescription by class, see subsection 13(3) of the Legislation Act 2003.
Australian vessel means a vessel that:
is owned by:
the Commonwealth or an authority of the Commonwealth; or
a State or an authority of a State; or
the Northern Territory or an authority of the Northern Territory; or
is registered in Australia or flying the Australian flag.
Australian waters means:
the territorial sea of Australia and any sea that is on the landward side of the territorial sea of Australia, other than any part of the sea that is within the limits of a State or of the Northern Territory; or
the territorial sea of an external Territory and any sea that is on the landward side of that territorial sea; or
the exclusive economic zone adjacent to the coast of Australia or the coast of an external Territory; or
any other area of sea that is above the continental shelf of Australia or above the continental shelf of an external Territory.
and includes any area of sea that is declared by the regulations to be included in Australian waters for the purposes of this Act.
Section 4A can affect the scope of the definition of Australian waters.
CEO has the same meaning as in the National Environmental Protection Agency Act 2025.
This is a reference to the CEO of the National Environmental Protection Agency.
coastal waters means:
in relation to a State—that part of the sea that is included in the coastal waters of the State within the meaning of the Coastal Waters (State Powers) Act 1980; or
in relation to the Northern Territory—that part of the sea that is included in the coastal waters of the Territory within the meaning of the Coastal Waters (Northern Territory Powers) Act 1980.
controlled material means:
wastes or other matter (within the meaning of the Protocol); and
a vessel, aircraft or platform.
Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.
holder, in relation to a permit, means the person to whom the permit has been granted.
inspector means:
a person appointed as an inspector under section 26; or
a member of a police force, or an officer of Customs, who is an inspector by force of section 27.
offending craft, in relation to an offence against section 10F, means:
if the primary offence referred to in section 10F is an offence against section 10A—any vessel, aircraft or platform from which, or on which, the controlled material was dumped; or
if the primary offence referred to in section 10F is an offence against section 10B—the vessel or platform on which the controlled material was incinerated; or
if the primary offence referred to in section 10F is an offence against section 10C—the vessel, aircraft or platform on which the controlled material was loaded; or
if the primary offence referred to in section 10F is an offence against section 10D—any vessel, aircraft or platform used to export the controlled material; or
if the primary offence referred to in section 10F is an offence against section 10E—any vessel, aircraft or platform from which the artificial reef placement occurred.
offending material means:
in relation to an offence against section 10A—the controlled material that was dumped; or
in relation to an offence against section 10B—the controlled material that was incinerated; or
in relation to an offence against section 10C—the controlled material that was loaded; or
in relation to an offence against section 10D—the controlled material that was exported; or
in relation to an offence against section 10E—the controlled material that was placed for the purpose of creating an artificial reef; or
in relation to an offence against section 10F—the offending material in relation to the primary offence referred to in section 10F.
owner, in relation to a vessel, aircraft or platform, includes:
every person who is a co‑owner of the vessel, aircraft or platform or of any part of, or any share in, the vessel, aircraft or platform; and
every person who has the use or control (whether alone or jointly with another person or other persons) of the vessel, aircraft or platform.
permit means a permit granted under section 19.
person in charge means:
in relation to a vessel—the master or other person in charge of the vessel;
in relation to an aircraft—the person in charge of the aircraft; or
in relation to a platform—the person in charge of the operations conducted on or from the platform.
platform includes any man‑made structure at sea, whether floating or fixed to the seabed, but does not include a vessel.
Protocol means the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, done at London on 7 July 1996, as amended and in force for Australia from time to time.
The English text of the Protocol is set out in Australian Treaty Series 2006 No. 11. In 2006, the text of a Protocol in the Australian Treaty Series was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
radioactive material means material that has an activity of more than 35 becquerels per gram.
seriously harmful material means:
radioactive material; or
any other material that is prescribed by the regulations for the purposes of this paragraph.
Subsection 41(3) places limitations on the making of regulations for the purposes of paragraph (b) of this definition.
Torres Strait Treaty means the Treaty between Australia and the Independent State of Papua New Guinea concerning Sovereignty and Maritime Boundaries in the area between the two Countries, including the area known as Torres Strait, and Related Matters done at Sydney on 18 December 1978.
The text of the Treaty is set out in Australian Treaty Series 1985 No. 4.
A reference in this Act to an offence shall be read as including a reference to an offence against section 6 of the Crimes Act 1914, or against section 11.1 or 11.4 of the Criminal Code, in relation to this Act.
A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police.
Except so far as the contrary intention appears, an expression that is used both in this Act and in the Protocol (whether or not a particular meaning is assigned to it by the Protocol) has, in this Act, the same meaning as in the Protocol.
For the purposes of this Act, where any controlled material is disposed of from a vessel, an aircraft or a platform into part of the seabed or its subsoil, that controlled material shall be taken to have been disposed of into the sea above that part.
For the purposes of this Act, Australian waters does not include the top hat area unless a notice is in force under subsection (2).
The Minister may, by notice in the Gazette, declare that Papua New Guinea has notified Australia that Papua New Guinea agrees to Australia’s exercise of jurisdiction under this Act in relation to the top hat area.
The notice can be revoked under subsection 33(3) of the Acts Interpretation Act 1901.
In this section:
top hat area means the area described in Article 4.3 of the Torres Strait Treaty.
This section commences to have effect when the Australia‑Indonesia Delimitation Treaty enters into force for Australia.
The CEO must not issue a permit in relation to the overlap area unless:
the Minister has first consulted the Government of the Republic of Indonesia about the issue of the permit; or
a notice is in force under subsection (3) and the issue of the permit is within the scope of the agreement to which the notice relates.
The Minister may, by notice in the Gazette, declare that the Government of the Republic of Indonesia has notified Australia that the Government of the Republic of Indonesia agrees to the issue of permits under this Act in relation to the overlap area, either generally or in particular circumstances.
The notice can be revoked under subsection 33(3) of the Acts Interpretation Act 1901.
An inspector must not exercise powers under this Act in the overlap area in relation to:
a vessel other than an Australian vessel; or
an aircraft other than an Australian aircraft; or
a platform, other than a platform that is subject to Australia’s jurisdiction under paragraph 7(b) or (h) of the Australia‑Indonesia Delimitation Treaty;
unless:
the Minister has first consulted the Government of the Republic of Indonesia about the exercise of powers by inspectors in the overlap area in relation to that vessel, aircraft or platform; or
a notice is in force under subsection (5) and the exercise of the powers is within the scope of the agreement to which the notice relates.
The Minister may, by notice in the Gazette, declare that the Government of the Republic of Indonesia has notified Australia that the Government of the Republic of Indonesia agrees to the exercise by inspectors of powers under this Act in the overlap area, either generally or in particular circumstances.
The notice can be revoked under subsection 33(3) of the Acts Interpretation Act 1901.
The validity of the exercise of a power is not affected by a failure to comply with subsection (4).
In this section:
Australia‑Indonesia Delimitation Treaty means the Treaty between the Government of Australia and the Government of the Republic of Indonesia establishing an Exclusive Economic Zone Boundary and Certain Seabed Boundaries done at Perth on 14 March 1997.
overlap area means the overlapping area described in Article 7 of the Australia‑Indonesia Delimitation Treaty.
Limit on issuing permits
The CEO must not issue a permit in relation to the Greater Sunrise special regime area unless:
the Minister has first consulted Timor‑Leste about the issue of the permit; or
a declaration is in force under subsection (2) and the issue of the permit is within the scope of the agreement to which the declaration relates.
The Minister may, by notifiable instrument, declare that Timor‑Leste has notified Australia that Timor‑Leste agrees to the issue of permits under this Act in relation to the Greater Sunrise special regime area, either generally or in particular circumstances.
The declaration can be revoked: see subsection 33(3) of the Acts Interpretation Act 1901.
Limit on inspectors exercising powers
An inspector must not exercise powers under this Act in or above the Greater Sunrise special regime area in relation to:
a vessel other than an Australian vessel; or
an aircraft other than an Australian aircraft; or
a platform other than an Australian platform;
unless:
the Minister has first consulted Timor‑Leste about the exercise of powers by inspectors in the Greater Sunrise special regime area in relation to that vessel, aircraft or platform; or
a declaration is in force under subsection (4) and the exercise of the powers is within the scope of the agreement to which the declaration relates.
The Minister may, by notifiable instrument, declare that Timor‑Leste has notified Australia that Timor‑Leste agrees to the exercise by inspectors of powers under this Act in or above the Greater Sunrise special regime area, either generally or in particular circumstances.
The declaration can be revoked: see subsection 33(3) of the Acts Interpretation Act 1901.
The validity of the exercise of a power is not affected by a failure to comply with subsection (3).
Act not limited by the Seas and Submerged Lands Act 1973
Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act.
Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 provides that a law of the Commonwealth does not apply in relation to an act, omission, matter or thing directly or indirectly connected with the exploration of, or exploitation of the natural resources of, the continental shelf in the Greater Sunrise special regime area.
This Act does not apply in relation to the disposal or storage of controlled material (other than a vessel, aircraft or platform) directly arising from, or related to, the exploration, exploitation and associated off‑shore processing, of seabed mineral resources.
This Act does not apply in relation to the disposal or storage, in the Greater Sunrise special regime area or the waters above it, of a vessel, aircraft or platform directly arising from, or related to, the exploration, exploitation and associated off‑shore processing, of seabed mineral resources.
This Act applies both within and outside Australia and extends to every external Territory.
This Act does not apply in relation to a vessel or aircraft belonging to the Australian Defence Force, when it is being used:
in a situation of armed conflict; or
in an emergency situation other than a situation of armed conflict.
This Act does not apply in relation to a vessel or aircraft belonging to the naval, military or air forces of a foreign country.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
Subsection (1) does not affect any liability of a person in charge of a vessel, aircraft or platform of which the Commonwealth, a State, the Northern Territory or the Administration of Norfolk Island is the owner to be prosecuted for an offence.
Chapter 2 of the Criminal Code applies to all offences against this Act.
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