Environment Protection (Sea Dumping) Act 1984

This Act may be cited as the Environment Protection (Sea Dumping) Act 1984.

This Act shall come into operation on a day to be fixed by proclamation.

The Governor may, in a proclamation fixing a day for this Act to come into operation, suspend the operation of specified provisions of this Act until a subsequent day fixed in the proclamation, or a day to be fixed by subsequent proclamation.

In this Act, unless the contrary intention appears—

coastal waters means, in relation to the State, that part of the sea that is from time to time included in the coastal waters of the State by virtue of the Coastal Waters (State

Powers) Act 1980 of the Commonwealth;

the Convention means the Convention entitled

"Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter" being the Convention of a copy of which in the English language is set out in Schedule

1, as amended by—

the amendments set out in the Attachment to the Resolution a copy of which in the English language is set out in

Schedule

2; and

the amendments set out in the Attachment to the Resolution a copy of which in the English language is set out in the

Schedule

3; and

any other amendment to the Convention—

which is accepted by Australia; and

which, as a copy of that amendment in the English language, is set out in the regulations;

holder of a permit means the person to whom a permit has been granted under

Part

3;

inspector means—

a person appointed as an inspector under section 20; or

a member of a police force who is an inspector by virtue of section 20;

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

Part

3;

person in charge means—

in relation to a vessel—the master or other person in charge of the vessel; or

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 means any manmade structure at sea, that is fixed to the seabed beneath coastal waters;

premises means—

a building, structure or place (including a vehicle);

or

a part of premises as defined above.

Except so far as the contrary intention appears, an expression that is used both in this Act and in the Convention (whether or not a particular meaning is assigned to it by the Convention) has, in this Act, the same meaning as in the Convention.

This Act does not apply—

in relation to the disposal of wastes or other matter directly arising from, or related to, the exploration, exploitation and associated offshore processing, of seabed mineral resources; or

in relation to a vessel, aircraft or platform belonging to an arm of the Defence Forces of Australia or to the naval, military or air forces of a foreign country.

This Act binds the Crown but nothing in this Act renders the State 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 State is the owner to be prosecuted for an offence.

Where, otherwise than in accordance with a permit, any wastes or other matter are dumped into coastal waters from any vessel, aircraft or platform, the owner and the person in charge of the vessel, aircraft or platform and the owner of the wastes or other matter are each guilty of an offence.

Where, otherwise than in accordance with a permit, a vessel, aircraft or platform is dumped into coastal waters, the owner of the vessel, aircraft or platform that is so dumped is guilty of an offence and, in addition, where the dumping takes place from a vessel, aircraft or platform, the owner and the person in charge of the vessel, aircraft or platform are each guilty of an offence.

Where, otherwise than in accordance with a permit, any prescribed matter is loaded on any vessel or aircraft in the State or in coastal waters, or on any platform, for the purpose of being dumped into the sea or being incinerated at sea, the owner and the person in charge of the vessel, aircraft or platform and the owner of the prescribed matter are each guilty of an offence.

In subsection (1)—

prescribed matter means—

any wastes or other matter; or

any vessel, aircraft or platform.

It is a defence to a charge of an offence under section 6 or

7 if the defendant proves that—

the dumping the subject of the charge was necessary to secure the safety of human life, or of a vessel, aircraft or platform, at sea in a case of

force majeure caused by stress of weather; or

the dumping the subject of the charge was the only reasonable way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, at sea and there was every probability that the damage caused by such dumping would be less than would otherwise occur, and, in either case, that—

the dumping was so conducted as to minimise the likelihood of damage to human or marine life; and

a report of the dumping, setting out the prescribed information, was furnished to the Minister as soon as practicable after the occurrence of the dumping.

The penalty upon conviction of an offence under this Division is a fine not exceeding—

where the offence relates to wastes or other matter to which Annex

I to the Convention applies—the sum of fifty thousand dollars if the offender is a natural person or the sum of one hundred thousand dollars if the offender is a body corporate; or

where the offence relates to wastes or other matter to which Annex

II to the Convention applies—the sum of twenty-five thousand dollars if the offender is a natural person or the sum of fifty thousand dollars if the offender is a body corporate; or

in any other case—the sum of ten thousand dollars if the offender is a natural person or the sum of twenty thousand dollars if the offender is a body corporate.

This section applies to incineration at sea carried out on, or carried out from—

a vessel in coastal waters; or

a platform.

The incineration at sea of wastes or other matter listed in paragraphs 2, 3, 4, 6 and 7 of Annex I to the Convention, being incineration to which this section applies, is prohibited.

The incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in paragraphs 1 and 5 of Annex I to the Convention, being incineration to which this section applies, is prohibited.

The incineration at sea, otherwise than in accordance with a permit, of wastes or other matter listed in Annex II, being incineration to which this section applies, is prohibited.

The incineration at sea, otherwise than in accordance with a permit, of any wastes or other matter (other than wastes or other matter referred to in subsection (2), (3) or (4)), being incineration to which this section applies, is prohibited.

The owner and the person in charge of a vessel or platform on which incineration at sea in contravention of this section is carried out and the owner of the wastes or other matter so incinerated are each guilty of an offence against this section and liable, on conviction, to a fine not exceeding—

where the incineration was in contravention of subsection (2)—the sum of fifty thousand dollars if the offender is a natural person or the sum of one hundred thousand dollars if the offender is a body corporate; or

where the incineration was in contravention of subsection (3)—the sum of forty thousand dollars if the offender is a natural person or the sum of eighty thousand dollars if the offender is a body corporate; or

where the incineration was in contravention of subsection (4)—the sum of twenty-five thousand dollars if the offender is a natural person or the sum of fifty thousand dollars if the offender is a body corporate; or

where the incineration was in contravention of subsection (5)—the sum of ten thousand dollars if the offender is a natural person or the sum of twenty thousand dollars if the offender is a body corporate.

Where—

wastes or other matter are, or a vessel, aircraft or platform is, dumped into coastal waters; and

the Minister considers that that dumping is likely to—

cause an obstruction, or constitute a danger, to vessels;

or

result in harm to human or marine life; or

result in interference with the exercise of the sovereign rights of

Australia as a coastal State to explore and exploit the natural resources of the seabed and subsoil lying beneath Australian waters, the Minister may cause to be taken such steps as he thinks proper to repair or remedy any condition, or to mitigate any damage, arising from that dumping.