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Environment Protection (Sea Dumping) Regulations

  • - C2004H01161
  • In force - Superseded Version
  • View Series
SR 1983 No. 8 Regulations as amended, taking into account amendments up to SR 1984 No. 423
Registered 25 Mar 2010
Start Date 17 Dec 1984
End Date 26 Jul 2001

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS
(#DATE 24:11:1993)

- In force under the Environment Protection (Sea Dumping) Act 1981
- Updated as at 24 November 1993
*1* The Environment Protection (Sea Dumping) Regulations (in force under the Environment Protection (Sea Dumping) Act 1981) as shown in this reprint comprise Statutory Rules 1983 No. 8 amended as indicated in the Tables below.
Table of Statutory Rules
Year and Date of Date of Application,
number notification commencement saving or
in Gazette transitional
provisions
1983 No. 8 4 Feb 1983 6 Mar 1984 (see
Gazette 1984,
No. S85)
1984 No. 423 13 Dec 1984 17 Dec 1984 -
Table of Amendments
ad=added or inserted am=amended rep=repealed rs=repealed and substituted
Provision affected How affected
R. 2A ad. 1984 No. 423

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - TABLE OF PROVISIONS

TABLE

TABLE OF PROVISIONS
Regulation
1. Citation
2. Interpretation
2A. Declaration of Australian waters
3. Prescribed information for the purposes of paragraph
15 (3) (d) of the Act
4. Prescribed courts
5. Fees
6. Service of notices
SCHEDULE
PRESCRIBED COURTS

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - REG 1
Citation

1. These Regulations may be cited as the Environment Protection (Sea Dumping) Regulations. *1* SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER .

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - REG 2
Interpretation

2. In these Regulations, "the Act" means the Environment Protection (Sea Dumping) Act 1981.

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - REG 2A
Declaration of Australian waters

2A. (1) The following areas of sea are declared to be included in Australian waters for the purposes of the Act, namely, each area of sea that consists of the whole of that part of the Australian fishing zone that is adjacent to, and on the seaward side of, the territorial sea of Australia or the territorial sea of an external Territory.

(2) In subregulation (1), "Australian fishing zone" has the same meaning as in the Fisheries Act 1952 as in force at the commencement of this regulation.

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - REG 3
Prescribed information for the purposes of paragraph 15 (3) (d) of the Act

3. For the purposes of paragraph 15 (3) (d) of the Act, the prescribed information in relation to a report of a dumping is the following:
(a) the name and address of the person furnishing the report;
(b) the date of the dumping and the time of day expressed by reference to Greenwich Mean Time at which the dumping took place;
(c) the depth of water at the dumping site and the co-ordinates of the dumping site specified in degrees, minutes and seconds of latitude and longitude ascertained with such accuracy as is practicable in the circumstances of the particular case;
(d) the name (if any) and the registration or other identifying mark or marking of the vessel, aircraft or platform from which the dumping took place;
(e) the name of the person in charge of the vessel, aircraft or platform from which the dumping took place;
(f) a description of the method employed in carrying out the dumping;
(g) the reason for the dumping;
(h) where wastes or other matter (not being a vessel, aircraft or platform) were, or was, dumped:
(i) the general description;
(ii) the chemical composition;
(iii) the form;
(iv) the volume or mass; and
(v) the method of packaging or containment (if any);
of the wastes or other matter dumped ascertained with such accuracy as is practicable in the circumstances of the particular case;
(i) where a vessel, aircraft or platform was dumped:
(i) whether the thing dumped was a vessel, an aircraft or a
platform;
(ii) the name (if any) and the registration or other
identifying mark or marking of the vessel, aircraft or platform dumped;
(iii) the dimensions, including the mass, of the vessel,
aircraft or platform dumped ascertained with such accuracy as is practicable in the circumstances of the particular case;
(iv) the method of packaging or containment (if any) of the
vessel, aircraft or platform dumped.

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - REG 4
Prescribed courts

4. The court specified in Column 1 of the Schedule opposite to the State or Territory specified in Column 2 of the Schedule is declared to be a prescribed court in relation to that State or Territory for the purposes of section 33 of the Act.

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - REG 5
Fees

5. (1) For the purposes of subsection 40 (1) of the Act, the fee in respect of an application for a permit for dumping or incineration at sea is:
(a) where the application is for a general permit - $2,500; or
(b) where the application is for a special permit - $5,000.

(2) The time prescribed for the purposes of the payment, under subsection 40 (2) of the Act, of a fee in respect of an application for a permit is a time not later than 30 days after the day on which the application was made.

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - REG 6
Service of notices

6. A notice to an applicant for a permit under subsection 18 (3) of the Act or to the holder of a permit under subsection 20 (1) or 21 (2) of the Act shall be served by being sent by post to the person concerned at the address shown on his application for the permit or, if he has, in relation to that application or permit, notified the Minister in writing of another address for service of such notices, at that other address.

ENVIRONMENT PROTECTION (SEA DUMPING) REGULATIONS - SCHEDULE

SCH

SCHEDULE Regulation 4
PRESCRIBED COURTS
Column 1
Court
Column 2
State or Territory
Land and Environment Court
State of New South Wales
Supreme Court of Victoria
State of Victoria
Supreme Court of Queensland
State of Queensland
Supreme Court of South Australia
State of South Australia
Supreme Court of Western Australia
State of Western Australia
Supreme Court of Tasmania
State of Tasmania
Supreme Court of the Australian Capital Territory
Australian Capital Territory
Supreme Court of the Northern Territory of Australia
Northern Territory
Supreme Court of Norfolk Island
Norfolk Island
Supreme Court of Christmas Island
Territory of Christmas Island
Supreme Court of the Territory of Cocos (Keeling) Islands
Territory of Cocos (Keeling) Islands