{"id":"C2004A02478","name":"Environment Protection (Sea Dumping) Act 1981","slug":"environment-protection-sea-dumping-act-1981","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"101 of 1981","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6962,"registerId":"commonwealth-C2004A02478-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Environment Protection (Sea Dumping) Act 1981.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Repeal","content":"#### 3 Repeal\n\n  The following Acts are repealed:\n  Beaches, Fishing Grounds and Sea Routes Protection Act 1932.\n  Beaches, Fishing Grounds and Sea Routes Protection Act 1961.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Antarctic Treaty means the Treaty concerning Antarctica, to which Australia is a party, done at Washington on 1 December 1959.\n\n> Note: The text of the Treaty is set out in the Australian Treaty Series 1961 No. 12.\n\n> artificial reef means a structure or formation placed on the seabed:\n\n    (a) for the purpose of increasing or concentrating populations of marine plants and animals; or\n    (b) for the purpose of being used in human recreational activities;\n  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.\n\n> artificial reef permit means a permit under section 19 for the placement of an artificial reef.\n\n> 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.\n\n> Australian aircraft means an aircraft that:\n\n    (a) is owned by:\n    (i) the Commonwealth or an authority of the Commonwealth; or\n    (ii) a State or an authority of a State; or\n    (iii) the Northern Territory or an authority of the Northern Territory; or\n    (b) is registered in Australia.\n\n> Australian platform means a platform in Australian waters that is:\n\n    (a) owned by:\n    (i) an Australian citizen; or\n    (ii) a person who holds a permanent visa under the Migration Act 1958 and is domiciled in Australia or an external Territory; or\n    (iii) a corporation incorporated in Australia or an external Territory; or\n    (iv) the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or\n    (b) operated by:\n    (i) a corporation incorporated in Australia or an external Territory; or\n    (ii) the Commonwealth, a State, a Territory or an authority of the Commonwealth, a State or a Territory; or\n    (c) prescribed by regulations made for the purposes of this paragraph as being an Australian platform;\n  except a platform prescribed by the regulations as not being an Australian platform.\n\n> Note: For prescription by class, see subsection 13(3) of the Legislation Act 2003.\n\n> Australian vessel means a vessel that:\n\n    (a) is owned by:\n    (i) the Commonwealth or an authority of the Commonwealth; or\n    (ii) a State or an authority of a State; or\n    (iii) the Northern Territory or an authority of the Northern Territory; or\n    (b) is registered in Australia or flying the Australian flag.\n\n> Australian waters means:\n\n    (a) 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\n    (b) the territorial sea of an external Territory and any sea that is on the landward side of that territorial sea; or\n    (c) the exclusive economic zone adjacent to the coast of Australia or the coast of an external Territory; or\n    (d) any other area of sea that is above the continental shelf of Australia or above the continental shelf of an external Territory.\n  and includes any area of sea that is declared by the regulations to be included in Australian waters for the purposes of this Act.\n\n> Note: Section 4A can affect the scope of the definition of Australian waters.\n\n> coastal waters means:\n\n    (a) 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\n    (b) 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.\n\n> controlled material means:\n\n    (a) wastes or other matter (within the meaning of the Protocol); and\n    (b) a vessel, aircraft or platform.\n\n> Greater Sunrise special regime area has the same meaning as in the Seas and Submerged Lands Act 1973.\n\n> holder, in relation to a permit, means the person to whom the permit has been granted.\n\n> inspector means:\n\n    (a) a person appointed as an inspector under section 26; or\n    (b) a member of a police force, or an officer of Customs, who is an inspector by force of section 27.\n\n> offending craft, in relation to an offence against section 10F, means:\n\n    (a) 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\n    (b) 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\n    (c) 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\n    (d) 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\n    (e) 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.\n\n> offending material means:\n\n    (a) in relation to an offence against section 10A—the controlled material that was dumped; or\n    (b) in relation to an offence against section 10B—the controlled material that was incinerated; or\n    (c) in relation to an offence against section 10C—the controlled material that was loaded; or\n    (d) in relation to an offence against section 10D—the controlled material that was exported; or\n    (e) in relation to an offence against section 10E—the controlled material that was placed for the purpose of creating an artificial reef; or\n    (f) in relation to an offence against section 10F—the offending material in relation to the primary offence referred to in section 10F.\n\n> owner, in relation to a vessel, aircraft or platform, includes:\n\n    (a) 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\n    (b) every person who has the use or control (whether alone or jointly with another person or other persons) of the vessel, aircraft or platform.\n\n> permit means a permit granted under section 19.\n\n> person in charge means:\n\n    (a) in relation to a vessel—the master or other person in charge of the vessel;\n    (b) in relation to an aircraft—the person in charge of the aircraft; or\n    (c) in relation to a platform—the person in charge of the operations conducted on or from the platform.\n\n> platform includes any man‑made structure at sea, whether floating or fixed to the seabed, but does not include a vessel.\n\n> 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.\n\n> Note: 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).\n\n> radioactive material means material that has an activity of more than 35 becquerels per gram.\n\n> seriously harmful material means:\n\n    (a) radioactive material; or\n    (b) any other material that is prescribed by the regulations for the purposes of this paragraph.\n\n> Note: Subsection 41(3) places limitations on the making of regulations for the purposes of paragraph (b) of this definition.\n\n> 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.\n\n> Note: The text of the Treaty is set out in Australian Treaty Series 1985 No. 4.\n\n  (2) 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.\n  (3) 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.\n  (4) 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.\n  (5) 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.","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Application of Act in relation to certain waters that are subject to the Torres Strait Treaty","content":"#### 4A Application of Act in relation to certain waters that are subject to the Torres Strait Treaty\n\n  (1) For the purposes of this Act, Australian waters does not include the top hat area unless a notice is in force under subsection (2).\n  (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.\n\n> Note: The notice can be revoked under subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (3) In this section:\n\n> top hat area means the area described in Article 4.3 of the Torres Strait Treaty.","sortOrder":4},{"sectionNumber":"4B","sectionType":"section","heading":"Application of Act in relation to certain waters that are subject to the Australia‑Indonesia Delimitation Treaty","content":"#### 4B Application of Act in relation to certain waters that are subject to the Australia‑Indonesia Delimitation Treaty\n\n  (1) This section commences to have effect when the Australia‑Indonesia Delimitation Treaty enters into force for Australia.\n  (2) The Minister must not issue a permit in relation to the overlap area unless:\n    (a) the Minister has first consulted the Government of the Republic of Indonesia about issuing the permit; or\n    (b) 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.\n  (3) 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.\n\n> Note: The notice can be revoked under subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (4) An inspector must not exercise powers under this Act in the overlap area in relation to:\n    (a) a vessel other than an Australian vessel; or\n    (b) an aircraft other than an Australian aircraft; or\n    (c) 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;\n  unless:\n    (d) 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\n    (e) 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.\n  (5) 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.\n\n> Note: The notice can be revoked under subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (6) The validity of the exercise of a power is not affected by a failure to comply with subsection (4).\n  (7) In this section:\n\n> 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.\n\n> overlap area means the overlapping area described in Article 7 of the Australia‑Indonesia Delimitation Treaty.","sortOrder":5},{"sectionNumber":"4C","sectionType":"section","heading":"Application of Act in relation to Greater Sunrise special regime area","content":"#### 4C Application of Act in relation to Greater Sunrise special regime area\n\n  Limit on issuing permits\n  (1) The Minister must not issue a permit in relation to the Greater Sunrise special regime area unless:\n    (a) the Minister has first consulted Timor‑Leste about issuing the permit; or\n    (b) 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.\n  (2) 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.\n\n> Note: The declaration can be revoked: see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  Limit on inspectors exercising powers\n  (3) An inspector must not exercise powers under this Act in or above the Greater Sunrise special regime area in relation to:\n    (a) a vessel other than an Australian vessel; or\n    (b) an aircraft other than an Australian aircraft; or\n    (c) a platform other than an Australian platform;\n  unless:\n    (d) 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\n    (e) 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.\n  (4) 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.\n\n> Note: The declaration can be revoked: see subsection 33(3) of the Acts Interpretation Act 1901.\n\n  (5) The validity of the exercise of a power is not affected by a failure to comply with subsection (3).\n  Act not limited by the Seas and Submerged Lands Act 1973\n  (6) Subsection 13AB(1) of the Seas and Submerged Lands Act 1973 does not affect the application of a provision of this Act.\n\n> Note: 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.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Exemption","content":"#### 5 Exemption\n\n  (1) 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.\n  (2) 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.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Operation of Act","content":"#### 6 Operation of Act\n\n  This Act applies both within and outside Australia and extends to every external Territory.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Exemption for defence force vessels etc.","content":"#### 7 Exemption for defence force vessels etc.\n\n  (1) This Act does not apply in relation to a vessel or aircraft belonging to the Australian Defence Force, when it is being used:\n    (a) in a situation of armed conflict; or\n    (b) in an emergency situation other than a situation of armed conflict.\n  (2) This Act does not apply in relation to a vessel or aircraft belonging to the naval, military or air forces of a foreign country.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Act to bind the Crown","content":"#### 8 Act to bind the Crown\n\n  (1A) This Act binds the Crown in each of its capacities.\n  (1) This Act does not make the Crown liable to be prosecuted for an offence.\n  (2) 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.","sortOrder":10},{"sectionNumber":"8A","sectionType":"section","heading":"Criminal Code applies","content":"#### 8A Criminal Code applies\n\n  Chapter 2 of the Criminal Code applies to all offences against this Act.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Declaration by Minister in relation to coastal waters of State etc.","content":"#### 9 Declaration by Minister in relation to coastal waters of State etc.\n\n  (1) If the Minister is satisfied that the law of a State makes provision for giving effect to the Protocol in relation to the coastal waters of that State, the Minister may, by legislative instrument, make a declaration that limits the operation of this Act in relation to that State and the coastal waters of that State. A declaration may be made in relation to a State whether or not the Protocol extends to the whole of the coastal waters of that State.\n\n> Note: Subsection 33(3) of the Acts Interpretation Act 1901 allows the declaration to be revoked or amended.\n\n  (2) However, this Act continues to apply in relation to the State and its coastal waters in relation to the following activities where they involve seriously harmful material:\n    (a) dumping or incineration at sea;\n    (b) loading for dumping or incineration at sea;\n    (c) export for dumping or incineration at sea;\n    (d) artificial reef placements.\n  (4) In this section:\n\n> State includes the Northern Territory.","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Dumping of controlled material","content":"#### 10A Dumping of controlled material\n\n  (1) A person commits an offence against this section if, otherwise than in accordance with a permit, the person:\n    (a) dumps controlled material into Australian waters from any vessel, aircraft or platform; or\n    (b) dumps controlled material into any part of the sea from any Australian vessel or Australian aircraft; or\n    (c) dumps a vessel, aircraft or platform into Australian waters; or\n    (d) dumps an Australian vessel or Australian aircraft into any part of the sea.\n  (2) An offence against this section is punishable, on conviction, as follows:\n    (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;\n    (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;\n    (c) in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.","sortOrder":13},{"sectionNumber":"10B","sectionType":"section","heading":"Incineration of controlled material","content":"#### 10B Incineration of controlled material\n\n  (1) A person commits an offence against this section if, otherwise than in accordance with a permit, the person incinerates controlled material at sea:\n    (a) on a vessel or platform in Australian waters; or\n    (b) on an Australian vessel in any part of the sea.\n  (2) An offence against this section is punishable, on conviction, as follows:\n    (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;\n    (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;\n    (c) in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.","sortOrder":14},{"sectionNumber":"10C","sectionType":"section","heading":"Loading for the purpose of dumping or incineration","content":"#### 10C Loading for the purpose of dumping or incineration\n\n  (1) A person commits an offence against this section if, otherwise than in accordance with a permit, the person:\n    (a) loads controlled material on a vessel, aircraft or platform in Australia or Australian waters:\n    (i) knowing that it will be dumped into the sea or incinerated at sea; or\n    (ii) reckless as to whether it will be dumped into the sea or incinerated at sea; or\n    (b) loads controlled material on any Australian vessel or Australian aircraft:\n    (i) knowing that it will be dumped into the sea or incinerated at sea; or\n    (ii) reckless as to whether it will be dumped into the sea or incinerated at sea.\n  (2) An offence against this section is punishable, on conviction, as follows:\n    (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;\n    (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;\n    (c) in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.","sortOrder":15},{"sectionNumber":"10D","sectionType":"section","heading":"Export for the purpose of dumping or incineration","content":"#### 10D Export for the purpose of dumping or incineration\n\n  (1) A person commits an offence against this section if:\n    (a) the person exports controlled material from Australia to another country:\n    (i) knowing that it will be dumped into the sea or incinerated at sea; or\n    (ii) reckless as to whether it will be dumped into the sea or incinerated at sea; and\n    (b) if the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub‑seabed geological formation—the export of the material is not in accordance with a permit.\n  (2) An offence against this section is punishable, on conviction, as follows:\n    (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;\n    (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;\n    (c) in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.","sortOrder":16},{"sectionNumber":"10E","sectionType":"section","heading":"Placement of artificial reef","content":"#### 10E Placement of artificial reef\n\n  (1) A person commits an offence against this section if, otherwise than in accordance with a permit, the person carries out an artificial reef placement.\n  (2) An offence against this section is punishable, on conviction, as follows:\n    (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;\n    (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;\n    (c) in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.","sortOrder":17},{"sectionNumber":"10F","sectionType":"section","heading":"Offence by person responsible for offending craft or material","content":"#### 10F Offence by person responsible for offending craft or material\n\n  (1) If an offence is committed against section 10A, 10B, 10C, 10D or 10E (the primary offence), then each person who is a responsible person in relation to the offending craft or offending material commits an offence against this section if the person:\n    (a) knew that the offending craft or offending material would be used in committing the primary offence, or was reckless as to whether it would be used in committing the primary offence; and\n    (b) did not take reasonable steps to prevent the use of the offending craft or offending material in committing the primary offence.\n  (2) Subsection (1) applies whether or not any person has been charged with, or convicted of, the primary offence.\n  (3) An offence against this section is punishable, on conviction, as follows:\n    (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 10 years or a fine up to 2,000 penalty units, or both;\n    (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 2 years or a fine up to 500 penalty units, or both;\n    (c) in any other case—imprisonment for up to 1 year or a fine up to 250 penalty units, or both.\n  (4) For the purposes of this section:\n    (a) each of the following persons is a responsible person in relation to an offending craft:\n    (i) the owner of the offending craft;\n    (ii) the person in charge of the offending craft; and\n    (b) the owner of offending material is a responsible person in relation to the offending material.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Exceptions to certain offences","content":"#### 15 Exceptions to certain offences\n\n  (1) Sections 10A and 10B do not apply in relation to:\n    (a) dumping into waters that are not Australian waters; or\n    (b) incineration at sea in waters that are not Australian waters;\n  if the dumping or incineration is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).\n  (2) Section 10C does not apply in relation to loading for the purpose of:\n    (a) dumping into waters that are not Australian waters; or\n    (b) incineration at sea in waters that are not Australian waters;\n  if the loading is in accordance with a permit granted in accordance with the Protocol by a party to the Protocol (other than Australia).\n  (2A) Section 10C does not apply in relation to the loading of controlled material on a vessel, aircraft or platform in Australia or Australian waters if:\n    (a) the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub‑seabed geological formation; and\n    (b) the loading is for the purpose of the export of the carbon dioxide streams from Australia to another country; and\n    (c) there is a permit in force for that export.\n  (3) Section 10A, 10B, 10C, 10E or 36 does not apply if:\n    (a) the relevant conduct was necessary to secure the safety of human life or of a vessel, aircraft or platform in a case of force majeure caused by stress of weather; or\n    (b) the relevant conduct appeared to be the only way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, and there was every probability that the damage caused by the conduct would be less than would otherwise occur;\n  and, in either case:\n    (c) the relevant conduct was so carried out as to minimise the likelihood of damage to human or marine life; and\n    (d) a report of the relevant conduct, setting out the prescribed information, was given to the Minister as soon as practicable after the conduct occurred.\n  (4) In a proceedings for an offence, the defendant bears the evidential burden of proving an exception set out in this section.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Restoration of environment","content":"#### 16 Restoration of environment\n\n  (1) If the Minister considers that a regulated occurrence is likely to:\n    (a) cause an obstruction, or constitute a danger, to vessels; or\n    (b) result in harm to human or marine life; or\n    (c) result in an interference with the exercise of the sovereign rights of Australia as a coastal State:\n    (i) to explore the seabed and subsoil beneath Australian waters; and\n    (ii) to exploit the natural resources of the seabed and subsoil beneath Australian waters;\n  then the Minister may cause to be taken such steps as the Minister considers proper to repair or remedy any condition, or to mitigate any damage, arising from the occurrence.\n  (2) In this section:\n\n> regulated occurrence means any of the following:\n\n    (a) the dumping of controlled material into Australian waters;\n    (b) the incineration at sea in Australian waters of controlled material;\n    (c) an artificial reef placement in Australian waters;\n    (d) a contravention of a condition of a permit.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Liability for expenses incurred by the Commonwealth","content":"#### 17 Liability for expenses incurred by the Commonwealth\n\n  (1) Where:\n    (a) a person has been convicted of an offence against section 10A, 10B, 10E, 10F or 36; and\n    (b) because the Minister has exercised his or her powers under section 16, the Commonwealth has incurred expenses or other liabilities in repairing or remedying any condition, or mitigating any damage, arising from:\n    (i) if the offence is an offence against section 10A, 10B, 10E or 36—the conduct that constituted the offence; or\n    (ii) if the offence is an offence against section 10F—the conduct that constituted the primary offence referred to in that section;\n  a person so convicted is liable to pay to the Commonwealth an amount equal to the total amount of those expenses and liabilities of the Commonwealth and that amount may be recovered, as a debt due to the Commonwealth by the person, by action in a court of competent jurisdiction.\n  (2) Where 2 or more persons have been convicted of offences referred to in subsection (1) in respect of the same occurrence, the Commonwealth is not, by virtue of that subsection, entitled to recover from those persons amounts that, in the aggregate, exceed the total amount of the expenses and liabilities incurred by the Commonwealth, by reason of the exercise by the Minister of his or her powers under section 16, as a result of that occurrence.\n  (3) Subject to subsection (4), where the owner of a vessel, aircraft or platform:\n    (a) has been convicted of:\n    (i) an offence against section 10A or 36 with respect to dumping from the vessel, aircraft or platform; or\n    (ii) an offence against section 10B or 36 with respect to incineration at sea on the vessel or platform; or\n    (iii) an offence against section 10E or 36 with respect to an artificial reef placement from the vessel, aircraft or platform; or\n    (iv) an offence against section 10F with respect to the vessel, aircraft or platform; and\n    (b) is liable by virtue of subsection (1) of this section to pay an amount to the Commonwealth in respect of that offence;\n  that amount is a charge upon the vessel, aircraft or platform, as the case may be, and, in the case of a vessel or aircraft, the vessel or aircraft may be detained by an inspector until the amount is paid or security for the payment of the amount is provided to the satisfaction of the Minister.\n  (4) Subsection (3) does not entitle a person to detain a vessel or aircraft unless the vessel or aircraft:\n    (a) is an Australian vessel or Australian aircraft, as the case may be; or\n    (b) is in Australia or an external Territory or in Australian waters.\n  (5) If a person:\n    (a) takes to sea any vessel that been detained under subsection (3), before it is released from detention, knowing that it is still under detention or being reckless as to whether it is still under detention; or\n    (b) removes from Australia or an external Territory any aircraft that has been detained under subsection (3), before it is released from detention, knowing that it is still under detention or being reckless as to whether it is still under detention;\n  the person commits an offence punishable, on conviction, by imprisonment for up to 2 years or a fine up to 120 penalty units, or both.\n  (6) If an offence (the primary offence) is committed against subsection (5) in respect of taking a vessel to sea or removing an aircraft from Australia or an external Territory, then each person who is a responsible person in relation to the vessel or aircraft commits an offence against this subsection if the person:\n    (a) knew that the vessel or aircraft would be used in committing the primary offence, or was reckless as to whether it would be used in committing the primary offence; and\n    (b) did not take reasonable steps to prevent the use of the vessel or aircraft in committing the primary offence.\n  (7) Subsection (6) applies whether or not any person has been charged with, or convicted of, the primary offence.\n  (8) An offence against subsection (6) is punishable, on conviction, by imprisonment for up to 2 years or a fine up to 120 penalty units, or both.\n  (9) For the purposes of subsection (6), each of the following persons is a responsible person in relation to a vessel or aircraft:\n    (a) the owner of the vessel or aircraft;\n    (b) the person in charge of the vessel or aircraft.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Application for permit","content":"#### 18 Application for permit\n\n  (1) A person may make an application to the Minister for the grant of a permit required for the purposes of this Act.\n  (2) An application for a permit shall be made in accordance with the appropriate form approved by the Minister from time to time.\n  (3) Where an application is made for the grant of a permit and the Minister requires further information for the purpose of enabling him or her to deal with the application, he or she may, by notice in writing served on the applicant not later than 60 days after the application is made, require the applicant to furnish to the Minister, as specified in the notice, a statement in writing setting out that further information and, if a notice is so served, the application shall be deemed, for the purposes of section 19, not to have been duly made until the statement is furnished.\n  (4) Where, in his or her preliminary consideration of an application for a permit for dumping or artificial reef placement, the Minister forms the view that, in order to enable him or her to decide whether a permit should be granted or not, or to formulate conditions that should be imposed in respect of a permit if a permit is granted, it will be necessary for research or analysis to be undertaken to determine the effect that the proposed dumping or artificial reef placement may have on the marine environment, the Minister, before giving further consideration to the application, may require the applicant to enter into an agreement with the Commonwealth that includes provisions of any, or all, of the following kinds:\n    (a) a provision that the applicant will, at his or her own expense, undertake such research or analysis as is specified in the agreement, being research or analysis relating to the effect that the proposed dumping or artificial reef placement might have on the marine environment;\n    (b) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research or analysis of a kind referred to in paragraph (a);\n    (c) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research or analysis undertaken by the applicant in accordance with the agreement;\n    (d) a provision that, if the applicant fails, or neglects, to carry out any research or analysis as required by the agreement:\n    (i) the Commonwealth may undertake the necessary research or analysis, as the case may be; and\n    (ii) in that event, the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of the expense incurred by the Commonwealth in connection with such undertaking;\n    (e) a provision that the applicant is to give a security to the Commonwealth for the payment of any amount that he or she may become liable to pay to the Commonwealth under the agreement;\n    (f) a provision that the applicant will report to the Minister the results of any research or analysis undertaken by him or her in accordance with the agreement.\n  (5) Where an applicant is required under subsection (4) to enter into an agreement with the Commonwealth providing for the undertaking of research or analysis as specified in the agreement, his or her application shall be deemed, for the purposes of section 19, not to have been duly made until the research or analysis, as the case may be, has been completed to the satisfaction of the Minister.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Grant of permit","content":"#### 19 Grant of permit\n\n  (1) Subject to this section, the Minister may, in his or her discretion, grant, or refuse to grant, a permit to a person who has made an application in accordance with section 18.\n  (2) The Minister must either grant or refuse to grant the permit within 90 days after the application is made.\n  (3) However, if Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999 applies in relation to the granting of the permit, the Minister must grant or refuse to grant the permit within whichever of the following periods ends later (or either of them if they end at the same time):\n    (a) 30 days after the day on which the Minister receives advice given under section 163 of that Act;\n    (b) 90 days after the application is made.\n\n> Note: Under Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, certain persons must get advice from the Minister administering that Subdivision before authorising an action. Under section 163 of that Act, that Minister must give advice within 30 days after receiving a report of an environmental assessment of the action.\n\n  (4) Despite Subdivision A of Division 4 of Part 11 of the Environment Protection and Biodiversity Conservation Act 1999, that Subdivision does not apply in relation to the granting of a permit described in subsection (7) if the Minister is of the opinion described in that subsection.\n  (5) Subject to subsection (7), a permit for dumping or loading for dumping:\n    (a) may only be granted for controlled material that is within Annex 1 to the Protocol; and\n    (b) may only be granted in accordance with Annex 2 to the Protocol.\n  (6) Subject to subsection (7), a permit cannot be granted for incineration at sea or loading for incineration at sea.\n  (7) The Minister may grant a permit for dumping, incineration at sea or loading for dumping or incineration at sea, of any controlled material if, in the Minister’s opinion, there is an emergency that:\n    (a) poses an unacceptable risk to human health, safety, or the marine environment; and\n    (b) admits of no other feasible solution.\n  (7A) For the purposes of subsection (7), an emergency includes an emergency to which a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) relates.\n  (7B) The Minister may grant a permit for the export of controlled material from Australia to another country for dumping if the Minister is satisfied:\n    (a) that the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub‑seabed geological formation; and\n    (b) of the matters referred to in paragraphs 4.1, 4.2 and 4.3 of Annex 1 to the Protocol; and\n    (c) that there is an agreement or arrangement in force between Australia and the other country that includes the matters covered by paragraphs 2.1 and 2.2 (as appropriate) in the Annex to Resolution LP.3(4) adopted on 30 October 2009 by the Contracting Parties to the Protocol; and\n    (d) that the grant of the permit would be in accordance with Annex 2 to the Protocol; and\n    (e) of any other matters the Minister considers relevant.\n  (8) A permit cannot be granted for an artificial reef placement of seriously harmful material.\n  (8A) In considering the granting of a permit, the Minister must have regard to the following (so far as they are relevant):\n    (a) the Protocol;\n    (b) the Torres Strait Treaty;\n    (c) the Antarctic Treaty;\n    (d) any other treaty or convention to which Australia is a party and that relates to dumping at sea or to Antarctica or Antarctic resources.\n  (9) Before granting a permit for dumping or artificial reef placement, the Minister may require the applicant to enter into an agreement with the Commonwealth that includes provisions of any, or all, of the following kinds:\n    (a) in the case of a permit for dumping or artificial reef placement—a provision that the applicant will, at his or her own expense, undertake such research and monitoring as is specified in the agreement, being research and monitoring relating to the consequences of the release into the marine environment through the proposed dumping operation or artificial reef placement of any contaminants;\n    (b) in the case of a permit for dumping—a provision that the applicant will investigate, as specified in the agreement, the possibility of avoiding or reducing the need for further dumping by him or her;\n    (c) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research, monitoring or investigation of a kind referred to in a preceding paragraph;\n    (d) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research, monitoring or investigation undertaken by the applicant in accordance with the agreement;\n    (e) a provision that, if the applicant fails, or neglects, to carry out any research, monitoring or investigation as required by the agreement:\n    (i) the Commonwealth may undertake the necessary research, monitoring or investigation, as the case may be; and\n    (ii) in that event, the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of the expense incurred by the Commonwealth in connection with such undertaking;\n    (f) a provision that the applicant is to give a security to the Commonwealth for the payment of any amount that he or she may become liable to pay to the Commonwealth under the agreement;\n    (g) a provision that the applicant will report to the Minister the results of any research, monitoring or investigation undertaken by him or her in accordance with the agreement.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Suspension and revocation of permits","content":"#### 20 Suspension and revocation of permits\n\n  (1) The Minister may, at any time, by notice in writing served on the holder of a permit, vary, suspend or revoke the permit where he or she is satisfied that:\n    (a) a provision of this Act relating to the permit or a condition imposed in respect of the permit has been contravened; or\n    (b) it is necessary or expedient to do so in order properly to regulate the activities with which this Act is concerned.\n  (2) A suspension of a permit may be of indefinite duration or for a period specified in the notice.\n  (3) Where proceedings for an offence in relation to a permit are commenced during a period of suspension of the permit, the suspension may be continued until the proceedings (including any appeal) are completed.\n  (4) During the period of suspension of a permit, the permit has no force or effect, but the period of currency of the permit continues to run.\n  (5) The suspension of a permit does not prevent its revocation.\n  (6) The revocation or suspension of a permit takes effect when notice of the revocation or suspension, as the case may be, is served on the holder of the permit or on such later date (if any) as is specified in the notice.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Conditions in respect of permits","content":"#### 21 Conditions in respect of permits\n\n  (1) The Minister may, when granting a permit or at any time while a permit is in force, impose conditions in respect of the permit and may, at any time, revoke, suspend or vary, or cancel a suspension of, a condition so imposed.\n  (2) A condition imposed in respect of a permit, or a revocation, suspension or variation, or a cancellation of a suspension, of such a condition, takes effect when notice of the condition or of the revocation, suspension or variation or of the cancellation of the suspension is served on the holder of the permit or on such later date (if any) as is specified in the notice.","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Applications to Minister to vary operation of permits","content":"#### 23 Applications to Minister to vary operation of permits\n\n  (1) The holder of a permit may apply to the Minister for:\n    (a) variation of the permit; or\n    (b) revocation, suspension or variation of a condition of the permit.\n  (2) The holder of a permit that is suspended may make application to the Minister for the cancellation of that suspension.\n  (3) The Minister shall, within 60 days after the receipt of an application under subsection (1) or (2):\n    (a) if he or she is satisfied that the application should be granted:\n    (i) revoke or suspend the condition;\n    (ii) vary the permit or the condition in accordance with the application; or\n    (iii) cancel the suspension of the permit;\n    as the case may be; or\n    (b) if he or she is not so satisfied—refuse to grant the application.","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Applications for review","content":"#### 24 Applications for review\n\n  (1) Applications may be made to the Administrative Review Tribunal for review of decisions by the Minister under section 19, 20, 21 or 23.\n  (2) Subsection (1) does not apply in relation to:\n    (a) a decision by the Minister under section 19 in connection with an application for a permit where an inquiry has been held under Part 8 of the Environment Protection and Biodiversity Conservation Act 1999 (as it applies of its own force or because of Subdivision A of Division 4 of Part 11 of that Act) in relation to the conduct in respect of which the application is made; or\n    (b) a decision by the Minister under subsection 19(7) granting, or refusing to grant, a permit.","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Matters to be published in Gazette","content":"#### 25 Matters to be published in Gazette\n\n  The Minister shall cause to be published in the Gazette particulars of the following:\n    (a) applications for permits;\n    (b) permits granted and any conditions imposed in respect of those permits;\n    (c) refusals to grant permits;\n    (d) any revocation, variation, suspension, or cancellation of the suspension, of a permit;\n    (e) any revocation, suspension or variation, or any cancellation of a suspension, of a condition imposed in respect of a permit;\n    (f) the reasons for a decision by the Minister under subsection 19(7) granting, or refusing to grant, a permit.","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Appointment of inspectors","content":"#### 26 Appointment of inspectors\n\n  The Minister may, by instrument in writing, appoint a person as an inspector.","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Inspectors ex officio","content":"#### 27 Inspectors ex officio\n\n  The following persons are inspectors, by force of this section:\n    (a) members of the Australian Federal Police or of the police force of a Territory;\n    (b) officers of Customs.","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Identity cards","content":"#### 28 Identity cards\n\n  (1) The Minister may cause to be issued to an inspector, other than a member of a police force or an officer of Customs, an identity card in a form approved by the Minister.\n  (2) Where a person in possession of an identity card issued to him or her under subsection (1) ceases to be an inspector, he or she shall forthwith return the identity card to the Minister.\n\nPenalty: One penalty unit.","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Boarding of vessels etc. by inspectors","content":"#### 29 Boarding of vessels etc. by inspectors\n\n  (1) This section applies to the following:\n    (a) any Australian vessel or Australian aircraft;\n    (b) any vessel, aircraft or platform that is in Australia or an external Territory;\n    (c) any vessel or platform that is in Australian waters;\n    (d) any aircraft that is capable of landing on water and is in Australian waters.\n  (2) An inspector may, with such assistance as he or she thinks necessary, board any vessel, aircraft or platform to which this section applies for the purpose of exercising the functions of an inspector in accordance with section 31 if he or she believes on reasonable grounds that there is in, or on, that vessel, aircraft or platform:\n    (a) any controlled material that is to be dumped into the sea or incinerated at sea; or\n    (aa) any controlled material that is to be placed as part of an artificial reef placement; or\n    (b) any matter or thing that may afford evidence as to the commission of an offence against this Act;\n  and, in the case of a vessel or aircraft, may, for that purpose, stop and detain that vessel or aircraft.\n  (3) An inspector may require any person on board a vessel, aircraft or platform to which this section applies whom he or she finds committing, or whom he or she suspects on reasonable grounds of having committed, an offence against this Act to state his or her full name and usual place of residence.\n  (4) Where an inspector believes on reasonable grounds that a vessel to which this section applies and that is in Australian waters has been used or otherwise involved in the commission of an offence against this Act, he or she may bring, or require the person in charge of the vessel to bring, the vessel to the nearest port in Australia or an external Territory to which it is safe and practicable to bring the vessel.\n  (5) An inspector may, for the purposes of this Act, require the person in charge of a vessel, aircraft or platform to which this section applies to give information concerning the vessel, aircraft or platform and her crew and any other person on board the vessel, aircraft or platform.\n  (6) Where an inspector (other than a member of a police force, or officer of Customs, who is in uniform) boards a vessel, aircraft or platform to which this section applies, he or she shall:\n    (a) in the case of a member of a police force—produce, for inspection by the person in charge of that vessel, aircraft or platform, written evidence of the fact that he or she is a member of that police force; or\n    (aa) in the case of an officer of Customs—produce, for inspection by the person in charge of that vessel, aircraft or platform, written evidence of the fact that the officer is an officer of Customs; or\n    (b) in any other case—produce his or her identity card for inspection by that person;\n  and, if he or she fails to do so, he or she is not authorized to remain, or to require any person assisting him or her to remain, on board that vessel, aircraft or platform or to detain that vessel or aircraft.\n  (7) Where an inspector (other than a member of a police force, or officer of Customs, who is in uniform) makes a requirement of a person under this section, the inspector shall:\n    (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or\n    (aa) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that the officer is an officer of Customs; or\n    (b) in any other case—produce his or her identity card for inspection by that person;\n  and, if he or she fails to do so, that person is not obliged to comply with the requirement.\n  (8) A person who, without reasonable excuse, fails to comply with a requirement made of him or her by an inspector under this section commits an offence punishable on conviction by a fine not exceeding 20 penalty units.","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Access to premises","content":"#### 30 Access to premises\n\n  (1) An inspector may, with the consent of the occupier of any premises, enter the premises for the purpose of exercising the functions of an inspector in accordance with section 31.\n  (2) Where an inspector has reason to believe that there is on premises:\n    (a) any controlled material that is to be dumped into the sea or incinerated at sea; or\n    (aa) any controlled material that is to be placed as part of an artificial reef placement; or\n    (b) any matter or thing that may afford evidence as to the commission of an offence against this Act;\n  the inspector may make application to a magistrate for a warrant authorizing the inspector to enter the premises for the purpose of exercising the functions of an inspector in accordance with section 31.\n  (3) If, on an application under subsection (2), the magistrate is satisfied, by information on oath or affirmation:\n    (a) that there is reasonable ground for believing that there is on the premises to which the application relates:\n    (i) any controlled material that is to be dumped into the sea or incinerated at sea; or\n    (ia) any controlled material that is to be placed as part of an artificial reef placement; or\n    (ii) any matter or thing that may afford evidence as to the commission of an offence against this Act; and\n    (b) that the issue of the warrant is reasonably required for the purposes of this Act;\n  the magistrate may grant a warrant authorizing the inspector, with such assistance as he or she thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of exercising the functions of an inspector in accordance with section 31.\n  (4) Where an inspector has entered any premises in pursuance of subsection (1) or in pursuance of a warrant granted under subsection (3), he or she may exercise the functions of an inspector in accordance with section 31.","sortOrder":33},{"sectionNumber":"30A","sectionType":"section","heading":"Warrants may be granted by telephone or other electronic means","content":"#### 30A Warrants may be granted by telephone or other electronic means\n\n  (1) An application to a magistrate for a warrant under section 30 may be made by telephone, fax or other electronic means:\n    (a) in an urgent case; or\n    (b) if the delay that would occur if an application were made in person would frustrate the effective execution of the warrant.\n  (2) The magistrate may require voice communication to the extent that it is practicable in the circumstances.\n  (3) An application under this section must include all information required to be provided in an ordinary application for a warrant under section 30, but the application may, if necessary, be made before the information is sworn or affirmed.\n  (4) If the magistrate is satisfied:\n    (a) after having considered the information mentioned in subsection (3); and\n    (b) after having received any further information that the magistrate requires about the grounds on which the issue of the warrant is being sought;\n  that there are reasonable grounds for issuing the warrant, the magistrate may complete and sign the same form of warrant as would be issued under section 30.\n  (5) If the magistrate signs a warrant under subsection (4):\n    (a) the magistrate must notify the inspector, by telephone, fax or other electronic means, of the terms of the warrant and the date on which and the time at which it was signed, and write on it the reasons for granting it; and\n    (b) the inspector must complete a form of warrant in the terms notified to the inspector by the magistrate and write on it the name of the magistrate and the date on which and the time at which it was signed.\n  (6) If the inspector completes a form of warrant under subsection (5), the inspector must, not later than the day after the day on which the warrant ceased to be in force or was executed, whichever is the earlier, give or send to the magistrate the form of warrant completed by the inspector and, if the information mentioned in subsection (3) was not sworn or affirmed, that information duly sworn or affirmed.\n  (7) The magistrate must attach to the documents provided under subsection (6) the warrant signed by the magistrate.\n  (8) A form of warrant that has been duly completed by the inspector under subsection (5), and is in accordance with the terms of the warrant signed by the magistrate, has the same authority as the warrant signed by the magistrate.\n  (9) If:\n    (a) it is material, in any proceedings, for a court to be satisfied that an exercise of power was authorised under this section; and\n    (b) the warrant signed by the magistrate under this section authorising the exercise of power is not produced in evidence;\n  the court must assume, unless the contrary is proved, that the exercise of power was not authorised by such a warrant.","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Functions of inspector","content":"#### 31 Functions of inspector\n\n  (1) The functions of an inspector who boards a vessel, aircraft or platform under section 29 or enters premises under section 30 are as follows:\n    (a) to search for, and take possession of, any matter or thing that may afford evidence as to the commission of an offence against this Act;\n    (b) to search for, inspect, takes extracts from and make copies of any document that relates to:\n    (i) the loading, dumping or incineration at sea of any controlled material; or\n    (ii) the export of any controlled material that is to be dumped into the sea or incinerated at sea; or\n    (iii) any controlled material that is to be placed as part of an artificial reef placement;\n    (c) to inspect, and take samples of:\n    (i) any controlled material; or\n    (ii) any controlled material that is to be placed as part of an artificial reef placement;\n    (d) to observe:\n    (i) the loading on a vessel, aircraft or platform of any controlled material that is to be dumped into the sea or incinerated at sea; or\n    (ii) the dumping into the sea, or the incineration at sea, of any controlled material; or\n    (iii) an artificial reef placement.\n  (2) For the purposes of carrying out his or her functions under subsection (1), an inspector may break open any hold or compartment, or any container or other receptacle, on a vessel, aircraft or platform or on any premises.","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Powers of arrest of inspectors","content":"#### 32 Powers of arrest of inspectors\n\n  (1) An inspector may, without warrant, arrest any person, if the inspector believes on reasonable grounds that:\n    (a) the person is committing or has committed an offence against this Act; and\n    (b) proceedings against the person by summons would not be effective.\n  (2) Where an inspector (other than a member of a police force, or officer of Customs, who is in uniform) arrests a person under subsection (1), the inspector shall:\n    (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of that police force; or\n    (aa) in the case of an officer of Customs—produce, for inspection by that person, written evidence of the fact that the officer is an officer of Customs; or\n    (b) in any other case—produce his or her identity card for inspection by that person.\n  (3) Where a person is arrested under subsection (1), an inspector shall forthwith bring the person, or cause him or her to be brought, before a magistrate or other proper authority to be dealt with in accordance with law.\n  (4) Nothing in this section prevents the arrest of a person in accordance with any other law.","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Injunction","content":"#### 33 Injunction\n\n  (1) A prescribed court of a State or Territory may:\n    (a) upon application by the Attorney‑General or by an interested person, grant an injunction restraining a person from engaging in conduct that constitutes, or would constitute, an offence against section 10A, 10B, 10C, 10D or 10E; and\n    (b) make any order incidental or supplementary to an order made on an application under paragraph (a), including an order as to costs.\n  (2) The reference in paragraph (1)(a) to an interested person shall be read as including a reference to a person whose use or enjoyment of any part of the sea, or of the air space above, or of the seabed or subsoil beneath, any part of the sea, is, or is likely to be, adversely affected by the conduct concerned.\n  (3) The reference in paragraph (1)(a) to engaging in conduct shall be read as including a reference to:\n    (a) doing, refusing to do or refraining from doing, any act or thing; or\n    (b) causing or permitting another person to do, refuse to do or refrain from doing, any act or thing.\n  (4) Each prescribed court of a State is invested with federal jurisdiction, and jurisdiction is conferred, to the extent that the Constitution permits, on each prescribed court of a Territory, to hear and to determine proceedings instituted in that court under this section.\n  (4A) This section, so far as it relates to the Supreme Court of Norfolk Island, has effect subject to section 60AA of the Norfolk Island Act 1979.\n  (5) In this section, prescribed court, in relation to a State or Territory, means a court of the State or Territory that is declared by the regulations to be a prescribed court in relation to the State or Territory, as the case may be, for the purposes of this section.","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Delegation","content":"#### 34 Delegation\n\n  (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to a person all or any of his or her powers under this Act, other than this power of delegation.\n  (2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.\n  (3) A delegation under this section does not prevent the exercise of a power by the Minister.","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"False statements","content":"#### 35 False statements\n\n  (1) A person who, in, or in connection with, an application for a permit:\n    (a) makes a statement that, to his or her knowledge, is false or misleading in a material particular; or\n    (b) furnishes to an officer or other person doing duty in relation to this Act a document that, to the knowledge of the first‑mentioned person, contains information that is false or misleading in a material particular;\n  commits an offence against this subsection punishable, on conviction, by imprisonment for a term not exceeding 2 years.\n  (2) A person who:\n    (a) makes to an inspector doing duty in relation to this Act a statement that, to the knowledge of the person, is false or misleading in a material particular; or\n    (b) furnishes to an inspector doing duty in relation to this Act a document that, to the knowledge of the person, contains information that is false or misleading in a material particular;\n  commits an offence against this subsection punishable, on conviction, by imprisonment for up to 1 year or a fine up to 60 penalty units, or both.","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Compliance with conditions of permit","content":"#### 36 Compliance with conditions of permit\n\n  (1) The holder of a permit commits an offence against this section if:\n    (a) the holder does an act that constitutes a contravention of a condition imposed in respect of the permit; and\n    (b) at the time of that act, the holder knows of the existence of that condition, or is reckless as to the existence of that condition.\n  (2) An offence against this section is punishable, on conviction, by imprisonment for up to 1 year or a fine up to 250 penalty units, or both.\n  (3) In this section:\n\n> act includes omission.","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Indictable offences","content":"#### 37 Indictable offences\n\n  (1) An offence against section 10A, 10B, 10C, 10D, 10E or 10F or subsection 17(5), 35(1), 35(2) or 36(1) is an indictable offence.\n  (2) Even though an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings for such an offence if:\n    (a) the court is satisfied that it is proper to do so; and\n    (b) the defendant and the prosecutor consent.\n  (3) The penalty that a court of summary jurisdiction may impose for an offence against section 10A, 10B, 10C, 10D, 10E or 10F is as follows:\n    (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 2 years or a fine up to 240 penalty units, or both;\n    (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 1 year or a fine up to 120 penalty units, or both;\n    (c) in any other case—imprisonment for up to 6 months or a fine up to 60 penalty units, or both.\n  (4) The penalty that a court of summary jurisdiction may impose for an offence against subsection 17(5) or 35(1) is imprisonment for up to 1 year or a fine up to 60 penalty units, or both.\n  (5) The penalty that a court of summary jurisdiction may impose for an offence against subsection 35(2) is imprisonment for up to 6 months or a fine up to 30 penalty units, or both.\n  (6) The penalty that a court of summary jurisdiction may impose for an offence against subsection 36(1) is imprisonment for up to 6 months or a fine up to 60 penalty units, or both.","sortOrder":41},{"sectionNumber":"37A","sectionType":"section","heading":"No time limit for prosecution","content":"#### 37A No time limit for prosecution\n\n  A prosecution for an offence against this Act may be brought at any time.","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Evidence","content":"#### 38 Evidence\n\n  (1) In any proceedings for an offence against this Act:\n    (a) any record kept in pursuance of the regulations is admissible as prima facie evidence of the facts stated in the record;\n    (b) a copy of an entry in such a record, being a copy certified by the person by whom the record is required to be kept to be a true copy of the entry, is admissible as prima facie evidence of the facts stated in the entry; and\n    (c) a document purporting to be a record kept in pursuance of the regulations, or purporting to be such a certified copy as is referred to in paragraph (b), shall, unless the contrary is established, be deemed to be such a record or certified copy, as the case may be.\n  (2) In any proceedings for an offence against this Act, evidence of the result of finding out a distance or position by means of an electronic, optical or other device ordinarily used for finding out such a distance or position is prima facie evidence of the distance or position.\n  (3) In any proceedings for an offence against this Act, evidence by an inspector that he or she believes that a place or area is within Australian waters is prima facie evidence that the place or area is within Australian waters.\n  (4) The Minister may give a certificate stating any of the following:\n    (a) that a permit was granted to a specified person on a specified day;\n    (b) that a specified permit contained specified terms;\n    (ba) that a specified permit was revoked, suspended or varied on a specified day;\n    (bb) that the suspension of a specified permit was cancelled on a specified day;\n    (c) that specified conditions were imposed in respect of a specified permit;\n    (d) that a specified condition imposed in respect of a specified permit was revoked, suspended or varied on a specified day;\n    (e) that the suspension of a specified condition imposed in respect of a specified permit was cancelled on a specified day;\n    (f) that a specified notice containing specified terms was served on the holder of a specified permit on a specified day;\n    (g) that Australian waters did, or did not, at a particular time include the top hat area referred to in section 4A;\n  and the certificate is prima facie evidence of the matters stated in it.","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Evidence of analyst","content":"#### 39 Evidence of analyst\n\n  (1) The Minister may appoint a person to be an analyst for the purposes of this Act.\n  (2) Subject to subsection (4), a certificate signed by an analyst appointed under subsection (1) setting out, in relation to a substance, one or more of the following:\n    (a) that he or she is appointed as the analyst under subsection (1);\n    (b) when and from whom the substance was received;\n    (c) what labels or other means of identification accompanied the substance when it was received;\n    (d) what container the substance was in when it was received;\n    (e) a description, including the weight, of the substance when it was received;\n    (f) the name of any method used to analyse the substance or any portion of it;\n    (g) the results of any such analysis;\n    (h) how the substance was dealt with after handling by the analyst, including details of:\n    (i) the quantity of the substance retained after analysis; and\n    (ii) names of any person to whom any of the retained substance was given after analysis; and\n    (iii) measures taken to secure any retained quantity of the substance after analysis;\n  is admissible in any proceeding for an offence against this Act as prima facie evidence of the matters in the certificate and the correctness of the results of the analysis.\n  (3) For the purposes of this section, a document purporting to be a certificate referred to in subsection (2) shall, unless the contrary is established, be deemed to be such a certificate and to have been duly given.\n  (4) A certificate shall not be admitted in evidence in pursuance of subsection (2) in proceedings for an offence unless the person charged with the offence has been given a copy of the certificate together with reasonable notice of the intention to produce the certificate as evidence in the proceedings.","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Fees","content":"#### 40 Fees\n\n  (1) The regulations may prescribe the fees to be paid in respect of an application for a permit or of any other application under this Act.\n  (2) A fee prescribed in respect of an application under this Act shall be paid when the application is made or at such other time (if any) as is prescribed and, if the fee is not so paid, the application shall be deemed not to be duly made.\n  (3) The Minister may, if he or she considers it necessary or desirable to do so, waive or remit the payment of any fee payable in respect of an application and, if he or she does so, subsection (2) does not apply in relation to that application.\n  (4) The Minister may, if he or she considers it necessary or desirable to do so, waive or remit the payment of part of any fee payable in respect of an application and, if the Minister does so, the fee prescribed in respect of the application shall, for the purposes of subsection (2), be taken to be reduced by the amount waived or remitted.","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Regulations","content":"#### 41 Regulations\n\n  (1) The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n    (a) providing for the manner of service of notices under this Act; and\n    (b) providing for the imposition of penalties not exceeding 10 penalty units.\n  (2) Regulations under subsection (1) may declare that a specified area of sea on the seaward side of the territorial sea of Australia or the territorial sea of an external Territory is included in Australian waters for the purposes of this Act.\n  (3) Before the Governor‑General makes a regulation prescribing material for the purposes of paragraph (b) of the definition of seriously harmful material in subsection 4(1), the Minister must be satisfied that the material is capable of causing serious harm to the marine environment.\n  (4) The Minister may be satisfied that material is capable of causing serious harm to the marine environment even though there is no conclusive evidence to prove a causal relationship between the input of the material into the marine environment and serious harm to the marine environment.\n  (5) For the purposes of subsection (3), the Minister must have regard to the principle that material should be prescribed as seriously harmful material if there is reason to believe that the material is likely to cause serious harm to the marine environment even though there is no conclusive evidence to prove a causal relationship between the input of the material into the marine environment and serious harm to the marine environment.","sortOrder":46}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded considerably beyond its original 1981 scope. It now covers artificial reef placement (a concept not in the original), CO2 carbon capture sequestration export permits (added to address modern carbon storage technology), the Greater Sunrise special regime area (reflecting post-independence Timor-Leste arrangements), national emergency declarations, and references to updated international instruments. The exemptions for seabed mineral resource disposal and defence force vessels also add nuance not reflected in the Act's original narrow focus on preventing pollution from dumping of waste."},"complexity_factors":["Multiple layers of international treaty obligations (London Protocol, Torres Strait Treaty, Antarctic Treaty, Australia-Indonesia Delimitation Treaty, Timor-Leste agreements) that interact with and modify domestic law","Tiered penalty structure with three different levels depending on the nature of the offending material and cross-referencing to an international treaty Annex","Complex jurisdictional carve-outs for specific maritime zones (top hat area, overlap area, Greater Sunrise special regime area) each with their own permit and inspector power restrictions","Multiple permit categories with different substantive tests — standard, emergency, artificial reef, CO2 sequestration export — each with distinct conditions","Secondary liability provisions (section 10F) imposing criminal responsibility on owners and persons in charge who did not directly commit the offence","Interplay with other Commonwealth legislation including the Environment Protection and Biodiversity Conservation Act 1999, Criminal Code Act 1995, Seas and Submerged Lands Act 1973 and National Emergency Declaration Act 2020","Broad and technically defined territorial scope ('Australian waters') extended by regulations and cross-referenced to other Acts","Incorporation by reference of the Protocol's Annexes (Annex 1, Annex 2) and international resolutions as operative legal standards without reproducing their content in the Act itself"],"plain_english_summary":"## What This Law Does\n\nThe **Environment Protection (Sea Dumping) Act 1981** controls what can be thrown, dumped, burned, or placed into Australian seas — and who can do it. It gives effect to an international agreement called the **London Protocol** (a treaty that most countries have signed to stop ocean pollution from dumping).\n\n## Who Does It Affect?\n\n- **Shipping and maritime companies** that might want to dispose of waste at sea\n- **Industrial operators** (e.g. mining, carbon capture) who generate waste near or at sea\n- **Recreational and environmental groups** who want to create artificial reefs (underwater structures that attract sea life)\n- **Government agencies** and anyone operating vessels, aircraft, or offshore platforms\n- **Anyone exporting waste** from Australia that might end up dumped at sea\n\n## What's Prohibited?\n\nWithout a **permit** from the Minister for the Environment, it is illegal to:\n- **Dump** waste or materials (including whole vessels, aircraft, or platforms) into Australian waters or from Australian ships anywhere in the world\n- **Burn (incinerate) waste at sea** on vessels or platforms in Australian waters, or on Australian vessels anywhere\n- **Load materials** onto a ship/aircraft knowing they'll be dumped or burned at sea\n- **Export materials** from Australia knowing they'll be dumped or burned at sea\n- **Create an artificial reef** without permission\n\n## Penalties\n\nBreaking the rules can result in:\n- Up to **10 years jail or heavy fines** if the dumped material is radioactive or otherwise seriously dangerous\n- Up to **2 years jail** for other serious violations\n- Up to **1 year jail** for lesser offences\n\nNot just the person who does the dumping can be charged — **vessel owners and those in charge** can also be prosecuted if they knew about it and didn't stop it.\n\n## Getting a Permit\n\nYou can apply to the Minister for a permit, but:\n- Most permits are only available for materials that meet strict international standards (listed in the Protocol's Annex 1)\n- Burning waste at sea is generally **banned outright** — only allowed in genuine emergencies\n- The Minister can require you to fund environmental research before deciding\n- Permits can be revoked, varied or suspended at any time\n- Some special areas near **Torres Strait, Indonesia and Timor-Leste** have extra rules requiring international consultation before permits are issued\n\n## Enforcement\n\nInspectors (including Federal Police and Customs officers) can:\n- Board ships, aircraft and platforms without a warrant if they have reasonable grounds\n- Enter premises with a warrant\n- Arrest people on the spot\n- Take samples and seize evidence\n\n## Emergency Exception\n\nIf dumping is genuinely necessary to **save human lives** or prevent a sinking vessel in a storm, it may be excused — but only if it was truly the last resort and the Minister is notified as soon as possible afterwards.\n\n## Why It Matters\n\nThis law protects Australia's oceans — including the Great Barrier Reef and surrounding marine ecosystems — from pollution. It also fulfils Australia's obligations under international law. Breaches can cause lasting damage to fisheries, marine life, and coastal communities."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"4 (definition of 'artificial reef')","severity":"medium","reasoning":"A statutory definition that can be simultaneously expanded and contracted by subordinate legislation without any substantive constraint creates a definition whose scope is entirely indeterminate at the level of the Act itself. The regulations could theoretically prescribe that nothing is an artificial reef, making the entire artificial reef permit regime inoperative without amending primary legislation.","confidence":0.72,"description":"The definition of 'artificial reef' is partially circular and self-defeating through regulations. The definition includes anything prescribed by regulations to be an artificial reef AND excludes anything prescribed by regulations not to be an artificial reef, meaning the core statutory definition can be entirely hollowed out or expanded at executive discretion, rendering the parliamentary definition largely meaningless."},{"type":"self_contradicting","section":"8(1A) and 8(1)","severity":"medium","reasoning":"While this is a common drafting technique, the tension here is particularly acute in an environmental protection statute: the Crown (including Commonwealth agencies) can dump controlled material into Australian waters without criminal consequence. The Act binds the Crown but then removes the primary enforcement mechanism against it. Section 8(2) partially addresses this for persons in charge but does not resolve the Crown entity liability gap.","confidence":0.78,"description":"The Act binds the Crown in each of its capacities (s8(1A)) but simultaneously declares the Crown cannot be prosecuted for an offence (s8(1)). This creates a situation where Crown entities are legally bound by the Act's obligations but face no criminal enforcement mechanism, meaning the binding force is largely theoretical for the Crown."},{"type":"self_contradicting","section":"4B(4) and 4B(6)","severity":"high","reasoning":"A statutory prohibition that expressly declares its own violation has no legal effect is a logical nullity. If non-compliance does not affect validity, the prohibition is purely aspirational or hortatory. This is replicated identically in s4C(3) and s4C(5). The inspector cannot be held to violate the provision in any legally meaningful sense, making the consultation requirement with Indonesia and Timor-Leste unenforceable.","confidence":0.91,"description":"Section 4B(4) prohibits inspectors from exercising powers in the overlap area in relation to non-Australian vessels/aircraft/platforms without prior ministerial consultation or a Gazette notice, but s4B(6) then declares that any failure to comply with s4B(4) does not affect the validity of the exercise of power. This creates a prohibition that has no legal consequence whatsoever."},{"type":"self_contradicting","section":"4C(3) and 4C(5)","severity":"high","reasoning":"Same structural problem as s4B. The prohibition is stated in mandatory terms ('must not') but its breach carries no legal consequence per s4C(5). This creates an impossible compliance dynamic: the Act demands compliance while simultaneously declaring non-compliance irrelevant to legal outcomes.","confidence":0.91,"description":"Identical to the absurdity in ss4B(4) and 4B(6): inspectors are prohibited from exercising powers in the Greater Sunrise special regime area without consultation with Timor-Leste, but non-compliance does not affect the validity of the exercise of power, rendering the prohibition legally toothless."},{"type":"impossible_compliance","section":"10D(1)","severity":"medium","reasoning":"Section 19 does not provide a general permit pathway for exporting non-CO2 controlled material for dumping (s19(7B) only covers CO2 streams). The export offence in s10D therefore criminalises conduct for which no lawful authorisation pathway exists (other than CO2). A person cannot obtain a permit to lawfully export, say, dredge spoil for dumping in another country's waters, yet the offence is framed as if a permit might be available.","confidence":0.69,"description":"The export offence in s10D applies where a person exports controlled material knowing or being reckless as to whether it will be dumped or incinerated at sea, but a permit is only required where the material is carbon dioxide streams for sequestration. This means the export of all other controlled material for dumping at sea is an offence regardless of whether any permit exists or could exist — no permit pathway is available for such exports (other than CO2), making compliance structurally impossible for non-CO2 exports."},{"type":"other","section":"19(2) and 19(3)","severity":"low","reasoning":"The 90-day deadline in s19(2) is measured from when an application is 'made', but ss18(3) and 18(5) defer when an application is 'duly made'. If the Minister can require additional information or research at will, the clock never starts running until the Minister is satisfied. The mandatory nature of s19(2) is therefore largely within the Minister's control to defer indefinitely through information requests.","confidence":0.65,"description":"Section 19(2) requires the Minister to grant or refuse a permit within 90 days of the application being made. Section 19(3) extends this period where EPBC Act consultation applies. However, s18(3) and s18(5) deem an application not to have been 'duly made' until further information or research is provided. These deeming provisions interact to potentially extend the 90-day clock indefinitely while the Act frames this as a firm deadline, creating an illusory time limit."},{"type":"circular_definition","section":"41(3), (4) and (5)","severity":"low","reasoning":"The three subsections set up, qualify, and then effectively replace the satisfaction standard in a chain that renders the original requirement (s41(3)) nearly meaningless. If 'satisfied' under s41(3) can be achieved via the mere 'reason to believe' standard under s41(5), then the Act is prescribing a precautionary approach but dressing it in the language of ministerial satisfaction, which implies a higher standard.","confidence":0.61,"description":"The precautionary principle provisions in s41(3)-(5) create a logical absurdity: the Minister must be satisfied material can cause serious harm to the marine environment (s41(3)), but s41(4) says the Minister can be so satisfied even without conclusive evidence of a causal relationship, and s41(5) says the Minister must apply a precautionary principle that material should be prescribed if there is 'reason to believe' it is likely to cause harm without conclusive evidence. The standard of 'must be satisfied' in s41(3) is thus effectively reduced to 'reason to believe' in s41(5), making s41(3)'s satisfaction requirement circular."},{"type":"other","section":"7(2)","severity":"high","reasoning":"Unlike s7(1) which limits the Defence Force exemption to situations of armed conflict or emergency, s7(2) provides a blanket, unconditional exemption for all foreign military vessels and aircraft. There is no requirement that the foreign country be a treaty partner, that the vessel be in Australian waters lawfully, or that the dumping not be of seriously harmful material. This creates an absolute carve-out for foreign military actors engaged in environmental harm.","confidence":0.83,"description":"Section 7(2) exempts vessels or aircraft belonging to the naval, military or air forces of ANY foreign country from the entire Act, with no qualification as to whether those forces are allied, hostile, or acting lawfully. This means a foreign warship could lawfully dump radioactive waste in Australian waters under this Act."},{"type":"other","section":"10E(2) and definition of 'artificial reef placement' in s4","severity":"medium","reasoning":"By building Protocol-conformity into the definition of 'artificial reef placement', the drafters have excluded Protocol-inconsistent placements from the s10E regime. A person who places material for reef purposes in a way contrary to the Protocol cannot be charged under s10E (because the conduct is not an 'artificial reef placement'). They may be caught by s10A (dumping) but the specific artificial reef regime does not apply. This creates a definitional gap.","confidence":0.74,"description":"An artificial reef placement is defined as a placement 'not contrary to the aims of the Protocol.' However, s10E makes it an offence to carry out an artificial reef placement without a permit. This means only placements that are consistent with the Protocol's aims can constitute the s10E offence — placements contrary to the Protocol's aims are not 'artificial reef placements' at all under the definition and therefore fall outside s10E entirely, potentially leaving the most environmentally harmful placements unregulated under this provision."}],"contradictions":[{"severity":"medium","section_a":"8(1A)","section_b":"8(1)","confidence":0.82,"description":"The Act binds the Crown in each of its capacities (s8(1A)) but the Crown cannot be prosecuted for an offence (s8(1)). The binding force of the Act is effectively unenforceable against Crown entities through the Act's primary enforcement mechanism (criminal prosecution)."},{"severity":"high","section_a":"4B(4)","section_b":"4B(6)","confidence":0.94,"description":"Section 4B(4) states inspectors 'must not' exercise powers in the overlap area without consultation or agreement, while s4B(6) states that failure to comply with s4B(4) does not affect the validity of the exercise of power. The prohibition and the nullification of its consequence are directly contradictory."},{"severity":"high","section_a":"4C(3)","section_b":"4C(5)","confidence":0.94,"description":"Section 4C(3) states inspectors 'must not' exercise powers in the Greater Sunrise special regime area without consultation or declaration, while s4C(5) states failure to comply does not affect the validity of the power exercised. Identical structural contradiction to ss4B(4)/(6)."},{"severity":"low","section_a":"10A(2)(a)","section_b":"37(3)(a)","confidence":0.58,"description":"For offences involving seriously harmful material under ss10A, 10B, 10C, 10D, 10E or 10F, the indictable penalty is imprisonment for up to 10 years or 2,000 penalty units. However, s37(3)(a) caps the summary jurisdiction penalty for the same offence at 2 years or 240 penalty units. While this is an expected tiered structure, the summary penalty for seriously harmful material dumping (2 years) equals the full indictable penalty for the next lower tier offence under s10A(2)(b) (2 years), creating an anomaly where the summary jurisdiction for the most serious category overlaps with the indictable maximum for the second-most serious category."},{"severity":"low","section_a":"19(6)","section_b":"19(7)","confidence":0.55,"description":"Section 19(6) states that a permit cannot be granted for incineration at sea or loading for incineration at sea (absolute prohibition). Section 19(7) then overrides this, allowing permits for incineration at sea or loading for incineration at sea in emergency situations. While s19(7) says 'despite' s19(6), the phrase 'cannot be granted' in s19(6) is expressed as an absolute rule that s19(7) partially contradicts without explicit repeal language, creating interpretive tension about whether s19(6) has any residual effect."},{"severity":"medium","section_a":"5(1)","section_b":"9(2)","confidence":0.63,"description":"Section 5(1) exempts disposal of controlled material (other than vessels/aircraft/platforms) arising from seabed mineral resource exploitation from the entire Act. Section 9(2) preserves the Act's operation for seriously harmful material involving dumping or incineration even where a State has made equivalent laws. These provisions do not directly contradict, but s5(1) could exempt seriously harmful material from mineral operations that s9(2) intends to preserve federal jurisdiction over, creating a potential gap where neither federal nor state law applies."},{"severity":"low","section_a":"15(3)(d)","section_b":"24(2)(b)","confidence":0.52,"description":"Section 15(3) provides a force majeure/emergency exception to offences under ss10A, 10B, 10C, 10E and 36, requiring a report to the Minister as soon as practicable. Section 24(2)(b) excludes decisions under s19(7) (emergency permits) from merits review. However, the force majeure exception in s15(3) operates independently of any permit and also requires no merits review pathway, meaning emergency conduct under s15(3) escapes both prosecution and administrative review, while equivalent emergency permits under s19(7) also escape review — creating two parallel emergency regimes with different triggers and no review."},{"severity":"low","section_a":"37(1)","section_b":"37A","confidence":0.48,"description":"Section 37(1) classifies certain offences as indictable. Under the Crimes Act 1914, indictable offences are generally subject to specific prosecution timeframes. Section 37A states prosecutions may be brought at any time (no limitation period). While s37A overrides any implied limitation period, the interaction with general criminal procedure rules for indictable offences and the Criminal Code may create procedural inconsistencies, particularly for summary hearings of indictable offences under s37(2) which are governed by Magistrates Court limitation periods in some jurisdictions."}]},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1981 Act was a straightforward implementation of the 1972 London Convention on sea dumping. Over 40+ years of amendments, the scope has expanded significantly: (1) from covering only dumping to also covering incineration at sea, artificial reef placement, carbon capture and sequestration exports, and the full supply chain (loading/exporting); (2) from simple domestic waters application to complex treaty-based jurisdictional carve-outs for Torres Strait, Indonesia, and Timor-Leste; (3) from basic permitting to integration with the EPBC Act 1999 environmental assessment processes; and (4) from simple penalties to a sophisticated tiered penalty structure based on material hazard levels. The Act has evolved from a narrow anti-pollution statute into a comprehensive marine environmental protection framework with significant international law dimensions."},"complexity_factors":["Extensive cross-referencing with international treaties (1996 London Protocol, Antarctic Treaty, Torres Strait Treaty, Australia-Indonesia Delimitation Treaty) and domestic legislation (Environment Protection and Biodiversity Conservation Act 1999, Seas and Submerged Lands Act 1973, Criminal Code)","Multiple jurisdictional layers with conditional application — the Act applies differently in Torres Strait 'top hat area', Australia-Indonesia overlap area, and Greater Sunrise special regime area, each requiring specific ministerial declarations or consultations","Nested definitions and conditional exemptions — 25+ defined terms in section 4 alone, many with internal exceptions (e.g., 'Australian platform' has 3 main categories plus regulatory prescription exceptions)","Tiered offence structure with multiple mental states (knowledge vs recklessness) and material categories (seriously harmful material, Annex 1 material, other material) creating 9 different penalty levels across sections 10A-10F","Complex permit conditions and agreements — sections 18-21 allow ministerial requirements for research agreements, environmental monitoring, and security bonds before permits are granted","Dual criminality provisions — offences can be tried summarily or on indictment with different penalty scales (section 37)","Multiple enforcement mechanisms overlapping — criminal offences, civil injunctions (section 33), vessel detention and arrest powers (sections 29-32), and cost recovery (section 17)"],"plain_english_summary":"This law regulates what can be dumped into the ocean from Australian vessels, aircraft, and platforms (like oil rigs). It makes it illegal to dump waste, incinerate materials at sea, or create artificial reefs without a permit from the Minister. The law applies to Australian waters (including territorial seas and economic zones) and to Australian-flagged vessels anywhere in the world.\n\n**Key things the law does:**\n- **Bans dumping and incineration** of waste at sea without permission, with heavy penalties (up to 10 years prison for radioactive or seriously harmful materials)\n- **Requires permits** for dumping waste, incinerating at sea, or placing artificial reefs\n- **Covers the full chain of activity** — not just dumping, but also loading waste for dumping, exporting waste for dumping, and being responsible for vessels used in illegal dumping\n- **Protects specific areas** with special rules for Torres Strait, the Australia-Indonesia overlap zone, and the Greater Sunrise gas field area (requiring consultation with Papua New Guinea, Indonesia, or Timor-Leste respectively)\n- **Exempts normal offshore mining operations** — waste from oil and gas drilling isn't covered by this Act\n- **Allows inspectors** (including police and customs officers) to board vessels, search premises, take samples, and arrest people without warrant in urgent cases\n- **Provides for cleanup** — the Minister can take steps to fix environmental damage and recover costs from offenders\n\n**Who it affects:** Shipping companies, offshore mining operators, fishing operators, waste disposal companies, and anyone involved in placing structures in the sea. It also binds the Australian government itself, though the Crown can't be prosecuted (but individual officers can be)."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act replaces earlier, narrower Acts (see s3) and sets out a broader and more detailed regulatory regime that applies across territorial sea, exclusive economic zone and continental shelf areas (s4; s6). It both expands scope (extraterritorial application, inclusion of EEZ and continental shelf, detailed permit regime for artificial reefs and exports including special rules for carbon dioxide streams — ss4, 6, 10A–10E, 19(7B)) and narrows or exempts particular activities and actors (exemption for seabed mineral activities in specified circumstances (s5) and defence force vessels in armed conflict or emergency (s7)). The result is a different operational scope from the statutes explicitly repealed (s3): broader geographic and substantive coverage, with new procedural, enforcement and consultation requirements (ss18–21, 25, 29–31, 4A–4C)."},"complexity_factors":["Broad and technical definitions (e.g. \"Australian waters\", \"controlled material\", \"seriously harmful material\") that affect geographic and material scope (s4; s41(2)–(5)).","Extensive Ministerial discretion to grant/refuse permits, impose conditions, require and price applicant-funded research/monitoring and to suspend or revoke permits (ss18(4)–(5); 19(1), 19(9); 20; 21).","Multiple overlapping jurisdictional and treaty coordination provisions that add procedural hooks before permits or inspector powers can be exercised in specified treaty-affected areas (ss4A, 4B, 4C; s19(8A)).","Tiered criminal offences with large penalty ranges linked to technical classifications (Annex 1, \"seriously harmful material\") and strict liability elements for \"responsible persons\" (ss10A–10F; s17(3)).","Detailed enforcement powers for inspectors (boarding, search, seizure, arrest), special warrant processes including electronic warrants, and broad evidentiary presumptions (ss29–32; 30A; 31; 38–39).","Cost‑recovery and security mechanisms that create property charges and permit detention of vessels/aircraft (s17), adding civil‑law complexity to criminal enforcement.","Interplay with other Commonwealth environmental procedures (reference to the EPBC Act processes and timeframes) and administrative review limits (s19(3)–(4); s24).","Regulation‑making powers that permit future expansion of the list of \"seriously harmful\" materials based on ministerial satisfaction rather than conclusive scientific proof (s41(3)–(5))."],"plain_english_summary":"# What this law does\n\n- This Act creates a permit-based regime that controls dumping, incineration, loading, export and certain placements of material at sea. Activities that would otherwise be allowed (dumping into Australian waters, incinerating at sea, loading material for those purposes, exporting material for those purposes and placing material as an artificial reef) generally require a permit from the Minister (see sections 10A–10E and 19).  \n\n- The Act defines the geographic reach of the rules by reference to \"Australian waters\", which includes the territorial sea, the exclusive economic zone and areas above the continental shelf, and allows regulations to add other sea areas (see section 4 and section 41(2)). The Act also applies outside Australia and to external Territories (section 6).  \n\n# Who the law affects and who decides\n\n- Affected parties include owners and operators of vessels, aircraft and platforms, people loading or exporting controlled material, and anyone proposing to place an artificial reef (definitions and offences: sections 4, 10A–10E, 10F).  \n\n- The Minister is the central decision‑maker: the Minister grants or refuses permits (s19(1)–(3)), can impose conditions (s21), can require applicants to carry out and pay for research, monitoring or analysis (s18(4) and s19(9)), can suspend or revoke permits (s20) and may delegate powers to others (s34).  \n\n- Inspectors (appointed under s26 or ex officio police/Customs officers under s27) have powers to board and inspect vessels, platforms and premises, to take evidence and samples, to arrest in certain circumstances and to detain vessels until liabilities are secured (see ss29–33, 31, 32 and 17(3)).\n\n# Why it matters (official purpose and how it works mechanically)\n\n- The Act implements Australia’s obligations under the Protocol (the 1996 Protocol to the London Dumping Convention) by restricting sea dumping and related activities and by setting criminal penalties for breaches (see s4, s19(8A)). The text describes those international law connections as matters the Minister must have regard to when deciding permit applications (s19(8A)).\n\n- Mechanically, the law establishes: a definitions framework (s4); a permit application and decision timetable (s18–19); mandatory publication of permit applications, grants, refusals and reasons (s25); criminal offences with tiered penalties depending on the material’s harm (s10A–10E, s10F); inspector powers to enforce and gather evidence (ss29–31); civil remedies including injunctions (s33); and cost recovery powers where the Commonwealth incurs remediation expenses because of an offence (s16–17).\n\n# Key features that affect incentives, costs and behaviour\n\n- Permit requirement and Ministerial discretion: Private actors must obtain permits before dumping, incinerating, loading, exporting for dumping/incineration or placing artificial reefs. The Minister has broad discretion to grant, refuse, condition, suspend or revoke permits (s19(1), s21, s20). That discretion shapes private planning and contracting because permits (and conditions attached) determine whether an activity can proceed.  \n\n- Applicant cost and monitoring obligations: The Minister may require applicants to fund research, monitoring or analysis, reimburse Commonwealth costs, provide security, and report results (s18(4) and s19(9)). These requirements shift direct compliance costs onto applicants and can delay operations until scientific study is completed to the Minister’s satisfaction (s18(5)).  \n\n- Penalties and responsible‑person liability: Criminal penalties are tiered by seriousness of the material: up to 10 years’ imprisonment or high fines where the material is \"seriously harmful\" (s10A–10E, s10F). Owners and persons in charge can be held criminally liable as \"responsible persons\" (s10F(4); s17(9)). That creates strong incentives for owners/operators to supervise crews and cargo and to ensure permits and conditions are complied with.  \n\n- Cost recovery and security: Where the Commonwealth spends money to repair or mitigate damage because of an offence, it can recover those expenses from convicted persons as a debt (s17(1)). Where an owner is convicted, that expense becomes a charge on the vessel/aircraft and an Australian vessel or aircraft may be detained until the amount is paid or security provided (s17(3)). This produces concentrated financial exposure for owners/operators of vessels, aircraft or platforms.  \n\n- Enforcement powers and evidentiary rules: Inspectors can board and detain vessels, require information, seize material and obtain warrants (ss29–31). Certificates from Ministers and analysts are prima facie evidence of key facts in prosecutions (ss38–39). Prosecutions may be brought at any time (no limitation period) (s37A). These enforcement rules reduce the evidentiary burden on prosecutors and increase the compliance risk horizon for operators.  \n\n- Treaty and jurisdictional coordination rules: The Act imposes consultation or requires notices before the Minister issues permits or inspectors exercise powers in certain treaty-affected areas (Torres Strait, Australia–Indonesia overlap, Greater Sunrise) (ss4A, 4B, 4C, s19(8A)). That creates coordination steps for activities in those specified areas and can limit unilateral exercise of the Act’s powers until other governments agree.  \n\n- Exemptions and limits: The Act exempts disposal or storage of controlled material directly arising from exploration, exploitation and associated offshore processing of seabed mineral resources (s5). Defence force vessels and aircraft are exempt when used in armed conflict or emergencies (s7). Some activities outside Australian waters are allowed if permitted by another Protocol party (s15). These carve‑outs change who bears compliance costs in particular contexts and create situations where private actors may face different rules depending on activity type and location.  \n\n# Trade‑offs, implementation risks and likely private responses (source‑grounded)\n\n- Trade‑offs: The law centralises decision‑making with the Minister and creates technical review requirements (research/monitoring obligations) (s18(4), s19(9)). Centralisation allows scrutiny and conditional approvals but increases permit risk and transaction costs for businesses who must fund studies and may face unpredictable conditions or timeframes.  \n\n- Concentrated costs and diffuse benefits: Direct financial liabilities (criminal fines, remediation cost recovery and vessel detention) fall on identifiable owners/operators (s10A–10F; s17). The benefits the Act is intended to protect (marine environment, navigation safety, sovereign seabed rights) are diffuse. The structure therefore places concentrated downside risk on particular private actors while the public commons is the intended beneficiary.  \n\n- Incentives to change behaviour or route activity: Because the Act bans or restricts specific sea operations without permits, operators may alter plans—use land disposal, avoid placings classified as artificial reefs, shift to jurisdictions outside Australian waters (subject to exceptions) or seek regulatory clarity before investing. Export pathways for specific materials (e.g., carbon dioxide streams) are allowed only if the Minister is satisfied with particular safeguards and international arrangements (s19(7B)), which imposes further preconditions on commercial projects.\n\n- Implementation risk and bureaucratic discretion: The Minister may prescribe by regulation what counts as \"seriously harmful material\" based on the Minister’s satisfaction that the material is capable of causing serious harm even without conclusive scientific proof (s41(3)–(5)). That standard gives the executive scope to expand the regulated list, which introduces regulatory uncertainty about future classifications and compliance obligations.  \n\n- Compliance burden and potential delays: Applications must follow Minister‑approved forms (s18(2)), may be treated as not duly made until further information or research is supplied (s18(3)–(5)), and the Minister must decide within set timeframes but retains emergency exceptions (s19(2)–(3),(7)). These mechanics create predictable timelines in many cases but also permit case‑by‑case extensions and scientific preconditions that can delay projects.\n\n# Implementation controls and remedies\n\n- Administrative review: Decisions under permit grant/refusal, suspension or variation may be reviewed by the Administrative Review Tribunal (s24), subject to specified exceptions.  \n\n- Civil injunctions: A prescribed State/Territory court may grant injunctions to stop conduct that would or does constitute an offence (s33).  \n\n- Publication and transparency: The Minister must publish permit applications, grants, refusals, variations and reasons in the Gazette (s25), providing a public record of regulatory outcomes.\n\n# Sections to read first for practical compliance\n\n- Definitions and geographical scope: section 4 (and s4A–4C for treaty areas).  \n- What needs a permit and the penalties for non‑compliance: sections 10A–10E, 10F.  \n- How to apply and what the Minister can require: sections 18–19.  \n- Inspector enforcement powers and warrants: sections 29–31 and 30A.  \n- Cost recovery, vessel detention and security: section 17.  \n- Regulation‑making and the power to designate \"seriously harmful material\": section 41.\n\nThis summary is based only on the text of the Act supplied (citations in parentheses indicate the relevant sections)."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-sea-dumping-act-1981","history":"/api/acts/environment-protection-sea-dumping-act-1981/history","analysis":"/api/acts/environment-protection-sea-dumping-act-1981/analysis","conflicts":"/api/acts/environment-protection-sea-dumping-act-1981/conflicts","importantCases":"/api/acts/environment-protection-sea-dumping-act-1981/important-cases","documents":"/api/acts/environment-protection-sea-dumping-act-1981/documents"}}