88RALimitation on granting permission for dumping

#### 88RA Limitation on granting permission for dumping Limitation on dumping (1) Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping. (2) Subregulation (1) applies in relation to the following applications for permission: (a) an application made, or taken to have been made, before the day the Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commences, but not decided before that day; (b) an application made, or taken to have been made, on or after the day that Regulation commences. Prohibited dumping (3) In this regulation, prohibited dumping means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15 000 cubic metres in volume. (4) However, prohibited dumping does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid. Capital dredge spoil material (5) In this regulation, capital dredge spoil material means material excavated as a result of dredging: (a) to create new channels, basins, ports, berths or other areas; or (b) to enlarge or deepen existing channels, basins, ports, berths or other areas; or (c) to remove material unsuitable for foundations; or (d) to create trenches for pipes, cables or tubes; or (e) for any other purpose incidental to creating a void. (6) However, capital dredge spoil material does not include material excavated as a result of dredging carried out for the sole purpose of: (a) maintaining an existing channel, basin, port, berth or other area for its intended use; or (b) protecting human life or property.