{"id":"F1997B02079","name":"Environment Protection (Sea Dumping) Regulations 1983","slug":"environment-protection-sea-dumping-regulations-1983","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"8 of 1983","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29475,"registerId":"commonwealth-F1997B02079-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Environment Protection (Sea Dumping) Regulations 1983","content":"![](image.001.png)\n\nEnvironment Protection (Sea Dumping) Regulations 1983\n\nStatutory Rules 1983 No. 8 as amended\n\nmade under the\n\nEnvironment Protection (Sea Dumping) Act 1981\n\nThis compilation was prepared on 17 April 2009 \ntaking into account amendments up to SLI 2009 No. 57\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney‑General’s Department, Canberra\n\nContents\n\n1 Name of Regulations \\[see Note 1\\]\n\n2 Interpretation\n\n3 Reports of relevant conduct — prescribed information\n\n4 Prescribed courts\n\n5 Fees for applications\n\n5B Fees — time for payment\n\n6 Service of notices\n\nSchedule 1 Prescribed courts\n\nNotes\n\n1 Name of Regulations \\[see Note 1\\]\n\nThese Regulations are the Environment Protection (Sea Dumping) Regulations 1983.\n\n2 Interpretation\n\nIn these Regulations, the Act means the Environment Protection (Sea Dumping) Act 1981.\n\n3 Reports of relevant conduct — prescribed information\n\nFor paragraph 15 (3) (d) of the Act, the prescribed information for a report of relevant conduct is the following:\n\n(a) the name and address of the person giving the report;\n\n(b) the date of the relevant conduct and the time at which it took place (in Eastern Standard Time);\n\n(c) the depth of water where the relevant conduct took place;\n\n(d) the co‑ordinates of the site where the relevant conduct took place (specified in degrees, minutes and seconds of latitude and longitude) as determined by reference to the Geocentric Datum of Australia, worked out as accurately as possible in the particular case;\n\n(e) the name (if any) and the registration or other identifying mark or marking of the vessel, aircraft or platform from or on which the relevant conduct took place;\n\n(f) the name of the owner and of the person in charge of the aircraft, vessel or platform from or on which the relevant conduct took place;\n\n(g) the name of the person or persons whose conduct facilitated, caused or constituted the relevant conduct;\n\n(h) a description of the method used in carrying out the relevant conduct;\n\n(i) the reason for the relevant conduct;\n\n(j) if controlled material (other than a vessel, aircraft or platform) was dumped into the sea, incinerated at sea, loaded for dumping or incineration, or placed as part of an artificial reef placement — the following information about the controlled material (worked out as accurately as possible in the particular case):\n\n(i) a general description;\n\n(ii) its chemical composition;\n\n(iii) its form;\n\n(iv) its volume or mass;\n\n(v) the method of packaging or containment (if any);\n\n(k) if a vessel, aircraft or platform was dumped into the sea, incinerated at sea, loaded for dumping or incineration, or placed as part of an artificial reef placement — the following information about the vessel, aircraft or platform:\n\n(i) whether it was a vessel, an aircraft or a platform;\n\n(ii) its name (if any) and its registration or other identifying mark or marking;\n\n(iii) its dimensions (including mass), worked out as accurately as possible in the particular case;\n\n(iv) the method of packaging or containment (if any).\n\n4 Prescribed courts\n\nThe court specified in Column 1 of Schedule 1 opposite to the State or Territory specified in Column 2 of Schedule 1 is declared to be a prescribed court in relation to that State or Territory for the purposes of section 33 of the Act.\n\n5 Fees for applications\n\n(1) For subsection 40 (1) of the Act, this regulation prescribes the fees to be paid for an application for a permit or for any other application under the Act.\n\n(2) For an application for a permit to dump dredged or excavated material into any part of the sea, the following fees are prescribed:\n\n(a) if the volume of the material exceeds 100 000 m3 — $23 500;\n\n(b) if the volume of the material does not exceed 100 000 m3 — $10 000.\n\n(3) For an application for a permit described in this subregulation, the following fees are prescribed:\n\n(a) a permit to dump a vessel into any part of the sea — $12 700;\n\n(b) a permit to dump a platform into any part of the sea — $12 700;\n\n(c) an artificial reef permit — $10 000;\n\n(d) a permit to dump into any part of the sea any controlled material for which a fee is not prescribed under this regulation — $5 000;\n\n(e) a permit to bury a person at sea — $1 675.\n\n(4) For an application to the Minister to vary a permit granted under the Act, the prescribed fee is $860.\n\n> Note For applications made before the commencement of regulation 5, as substituted by the Environment Protection (Sea Dumping) Amendment Regulations 2009 (No. 1), see regulation 4 of those Regulations.\n\n5B Fees — time for payment\n\nFor subsection 40 (2) of the Act, the time for payment of the fee for an application mentioned in regulation 5 is a time not later than 30 days after the application is made but before the permit or variation is granted.\n\n6 Service of notices\n\nA notice to an applicant for a permit under subsection 18 (3) of the Act or to the holder of a permit under subsection 20 (1) or 21 (2) of the Act shall be served by being sent by post to the person concerned at the address shown on his application for the permit or, if he has, in relation to that application or permit, notified the Minister in writing of another address for service of such notices, at that other address.\n\nSchedule 1 Prescribed courts\n\n(regulation 4)\n\n| Column 1Court | Column 2State or Territory |\n| ----------------------------------------------------------------------------- | ------------------------------------ |\n| Land and Environment Court . . . . . . | State of New South Wales |\n| Supreme Court of Victoria . . . . . . . | State of Victoria |\n| Supreme Court of Queensland . . . . . . | State of Queensland |\n| Supreme Court of South Australia . . . . | State of South Australia |\n| Supreme Court of Western Australia . . . | State of Western Australia |\n| Supreme Court of Tasmania . . . . . . | State of Tasmania |\n| Supreme Court of the Australian CapitalTerritory . . . . . . . . . . . . . . | Australian Capital Territory |\n| Supreme Court of the Northern Territoryof Australia . . . . . . . . . . . . . | Northern Territory |\n| Supreme Court of Norfolk Island . . . . | Norfolk Island |\n| Supreme Court of Christmas Island . . . | Territory of Christmas Island |\n| Supreme Court of the Territory of Cocos (Keeling) Islands . . . . . . . . . . | Territory of Cocos (Keeling) Islands |\n\n> Notes to the Environment Protection (Sea Dumping) Regulations 1983\n\n> Note 1\n\n> Note: The Environment Protection (Sea Dumping) Regulations 1983 (in force under the Environment Protection (Sea Dumping) Act 1981) as shown in this compilation comprise Statutory Rules 1983 No. 8 amended as indicated in the Tables below.\n\n> Note: For all relevant information pertaining to application, saving or transitional provisions see Table A.\n\n> Note: > Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette or FRLI registration | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | --------------------------------------------------- | -------------------------------------- | --------------------------------------------- |\n| 1983 No. 8 | 4 Feb 1983 | 6 Mar 1984 (see Gazette 1984, No. S85) | |\n| 1984 No. 423 | 13 Dec 1984 | 17 Dec 1984 | — |\n| 2001 No. 199 | 27 July 2001 | 27 July 2001 | — |\n| 2009 No. 57 | 16 Apr 2009 (see F2009L01220) | 17 Apr 2009 | R. 4 |\n\n> Note: > Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

R. 1.................

rs. 2001 No. 199

R. 2A................

ad. 1984 No. 423

rep. 2001 No. 199

R. 3.................

rs. 2001 No. 199

R. 4.................

am. 2001 No. 199

R. 5.................

rs. 2001 No. 199; 2009 No. 57

R. 5A................

ad. 2001 No.199

rep. 2009 No. 57

R. 5B................

ad. 2001 No.199

am. 2009 No. 57

Schedule 1

Heading to Schedule 1....

rs. 2001 No. 199

Schedule 2............

ad. 2001 No. 199

rep. 2009 No. 57

\n```\n\n> Note: > Note: Table A\n> \n> Application, saving or transitional provisions\n\nSelect Legislative Instrument 2009 No. 57\n\n4 Transitional\n\nDespite the repeal by these Regulations of regulations 5 and 5A of the Environment Protection (Sea Dumping) Regulations 1983, those regulations continue to have effect in relation to applications for permits, and any other applications, made before the commencement of these Regulations.","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations have not substantially changed the statutory scope of the Act: they set procedural and administrative details (information to be reported, which courts are prescribed, fees and service rules) rather than adding new substantive powers or broadening the Act’s subject-matter. Amendments reflected in the compilation update fees, restructure and technical details (for example fee amounts and deletion/addition of minor provisions), but they do not materially expand the types of conduct captured by the Act. Transitional provisions preserve older fee rules for pre-amendment applications rather than changing substantive coverage."},"complexity_factors":["Short instrument: 6 regulations plus one schedule and transitional note (compact length)","Cross-references to primary Act (multiple sections: eg. ss 15(3)(d), 33, 40, 18(3), 20(1), 21(2))","Detailed, multi-part prescribed information list in regulation 3 with nested subitems (a)–(k) and further sub‑subitems (j)(i)–(v), (k)(i)–(iv)","Fee schedule with tiered and activity-specific amounts (regulation 5(2)–(4)) including volume thresholds","Technical reporting requirements (Geocentric Datum of Australia; degrees/minutes/seconds; Eastern Standard Time) creating precision/verification needs (regulation 3(b),(d))","Schedule listing courts for each State/Territory (jurisdictional mapping)","Transitional and amendment history requiring attention to which fee regime applies to older applications","Procedural detail about timing for payment (regulation 5B) and service method (regulation 6)"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- Specify the exact information that must be included when someone reports \"relevant conduct\" under the Environment Protection (Sea Dumping) Act 1981. This includes identity details, timing (in Eastern Standard Time), precise site coordinates (in degrees/minutes/seconds tied to the Geocentric Datum of Australia), water depth, vessel/aircraft/platform details, methods used, reasons, and detailed descriptions of any controlled material or objects involved (regulation 3).\n\n- Declare which courts are the relevant courts for matters under section 33 of the Act by listing courts matched to each State or Territory (regulation 4 and Schedule 1).\n\n- Prescribe fees that applicants must pay when they apply for permits under the Act (regulation 5). Fees are tiered by activity type and scale: for example, dredged material dumping permits are $23,500 if volume exceeds 100,000 m3 and $10,000 if not; vessel or platform dumping permits are $12,700; artificial reef permits $10,000; general controlled material $5,000; burial at sea $1,675. A fee of $860 applies to applications to vary a permit (regulation 5(2)–(4)).\n\n- Set the time for payment of those fees: payment must be made no later than 30 days after the application is made but before the permit or variation is granted (regulation 5B).\n\n- Prescribe how notices to applicants or permit-holders are to be served: by post to the address on the application or to a different address nominated in writing to the Minister (regulation 6).\n\n- Include transitional arrangements preserving the operation of earlier fee regulations for applications made before the 2009 amendment (Table A — transitional note).\n\n\n**Who this affects**\n\n- Individuals, companies and contractors who dump material at sea, seek to dispose of vessels or platforms at sea, arrange artificial reef placements, or apply to bury a person at sea — because they must supply the detailed prescribed information and pay the prescribed fees when applying for permits (regulation 3; regulation 5).\n\n- Permit-holders and applicants — because of specified service rules for notices and a set fee/timing regime (regulation 5B; regulation 6).\n\n- The Minister and the administering agency — because the instrument sets procedural and administrative requirements they must enforce (fees, information, service), and identifies the courts with jurisdiction for legal matters under the Act (regulation 4 and Schedule 1).\n\n- Parties likely to be involved in enforcement or disputes (e.g. owners, masters, contractors) — because the required report information (regulation 3(g)–(i)) names persons whose conduct facilitated the event and describes methods used.\n\n\n**Why it matters (official purpose and practical implications)**\n\n- The Regulations operationalise the Act by turning statutory hooks into concrete administrative requirements: what must be reported after an event, which courts hear matters, how much applicants pay, when fees are due, and how notices are served. The stated effect is procedural: to make reporting consistent and to set cost recovery or administrative charges (see regulations 3, 4, 5, 5B, 6).\n\n- Testing that purpose against costs and incentives:\n - Who pays: applicants and permit-holders pay the prescribed fees (regulation 5). High fixed fees for large-volume dredging ($23,500) and vessel/platform disposal ($12,700) create clear monetary costs that fall directly on applicants.\n - Behavioural incentives: the fee schedule may influence choices — e.g. the scale threshold for higher fees may encourage splitting projects or alternative disposal methods, or discourage applications for marginal activities. The requirement to pay before grant (regulation 5B) raises sunk-cost risk for applicants who later have their application refused.\n - Compliance burden: detailed reporting requirements (regulation 3) impose administrative and technical burdens — accurately determining coordinates referenced to the Geocentric Datum of Australia, measuring volumes/masses, providing chemical composition and packaging details, and documenting methods and responsible persons. These require access to technical expertise or testing (cost and time). Time must be reported in Eastern Standard Time (regulation 3(b)), which affects events in other time zones or offshore operations.\n - Decision-making and discretion: the Minister retains permitting discretion under the Act; these Regulations do not change that discretion but set inputs and fees the Minister will expect. The prescribed courts list (regulation 4 and Schedule 1) confines where legal challenges or prosecutions are heard.\n - Administrative efficiency and predictability: having set fees and a clear list of required information reduces uncertainty for applicants and for the administering agency, but requires periodic amendment (the compilation shows amendments) to keep fee levels and procedures current.\n\n\n**Trade-offs, risks and implementation notes**\n\n- Concentrated vs diffuse costs: fees impose concentrated, observable costs on applicants; benefits (administrative capacity, monitoring) are diffuse and accrue to the public and regulators.\n\n- Enforcement and accuracy risk: precise coordinate and composition requirements improve traceability but create disputes over measurement accuracy and who bears measurement costs.\n\n- Potential substitution effects: applicants may change disposal methods, timing, or project design to avoid higher fees or to manage reporting burdens.\n\n- Implementation risk: reliance on postal service for formal notices (regulation 6) can create timing or proof-of-service issues; the Regulations provide for a nominated alternative address but do not require electronic service.\n\n\n**Key sections to look at**\n- Report content: regulation 3 (subsections (a)–(k)).\n- Prescribed courts: regulation 4 and Schedule 1. \n- Fees and fee categories: regulation 5 (subregulations (2)–(4)).\n- Timing for fee payment: regulation 5B. \n- Service of notices: regulation 6. \n- Transitional application of earlier fee regulations for pre-amendment applications: Table A (transitional note)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: operational details for the Sea Dumping Act. The 2009 amendments updated fees and removed a redundant schedule, but did not expand the scope beyond administrative implementation."},"complexity_factors":["Only 6 substantive regulations plus a schedule","Minimal defined terms (just 'the Act')","No nested exceptions or conditional logic chains","Straightforward fee structure with clear volume thresholds","Simple tabular schedule mapping courts to jurisdictions","Prescribed information requirements are detailed but presented as a flat list without cross-references"],"plain_english_summary":"These regulations set out the practical details for how Australia's sea dumping laws work. They require anyone reporting sea dumping activities to provide specific details like GPS coordinates, water depth, and descriptions of what was dumped. They also list which courts can hear cases about sea dumping offences (mostly Supreme Courts and NSW's Land and Environment Court), specify fees for permits ranging from $1,675 for burials at sea up to $23,500 for large-scale dredging operations, and set a 30-day payment deadline for application fees. The rules cover everything from dumping dredged material and old ships to creating artificial reefs and scattering ashes at sea."}},"importantCases":[],"_links":{"self":"/api/acts/environment-protection-sea-dumping-regulations-1983","history":"/api/acts/environment-protection-sea-dumping-regulations-1983/history","analysis":"/api/acts/environment-protection-sea-dumping-regulations-1983/analysis","conflicts":"/api/acts/environment-protection-sea-dumping-regulations-1983/conflicts","importantCases":"/api/acts/environment-protection-sea-dumping-regulations-1983/important-cases","documents":"/api/acts/environment-protection-sea-dumping-regulations-1983/documents"}}