Regulation impact statement

Existing regulatory arrangements

The disposal of capital dredge spoil in the Marine Park is an activity that requires environmental impact assessment and permitting²⁴. In addition to Marine Park-specific legislation, there are international, Commonwealth and Queensland laws that control dumping of dredged material at sea to reduce and manage the associated impacts on the marine environment.

It is clear from the material below that the myriad of regulatory arrangements covering the disposal of dredge spoil in the Marine Park adds significant complexity to a potential project proponent. Obtaining adequate legal and technical advice and preparing the necessary written materials to apply for approval/permissions takes significant time and effort, with no certainty of a positive outcome for the applicant.

International

The 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and other Matter, 1972 (the 1996 London Protocol) limits the types of materials that may be considered for ocean disposal. The aims of this Protocol are to protect and preserve the marine environment from all sources of pollution and to prevent, reduce and eliminate pollution by controlling the dumping of wastes and other materials at sea. Australia is party to this Protocol, which is administered by the Department of the Environment through the Environment Protection (Sea Dumping) Act 1981.

Commonwealth

Great Barrier Reef Marine Park Act 1975 (GBRMP Act): Section 7 of the GBRMP Act sets out the functions of the Authority. These include, but are not limited to, (i) the making of recommendations to the Minister in relation to the care and development of the Marine Park including recommendations … as to regulations that should be made under the Act; (ii) preparing and publishing plans and policies about the way in which the Authority intends to manage the Marine Park or perform its other functions; and (iii) managing the Marine Park including the consideration of applications for permissions under the Great Barrier Reef Marine Park Zoning Plan 2003.

The Great Barrier Reef Marine Park Zoning Plan 2003 requires that the disposal of dredge spoil within the Marine Park requires permission from the Authority. This is achieved through the assessment of an application for the activity including the consideration of mandatory and discretionary considerations as outlined in the Great Barrier Reef Marine Park Regulations 1983.

The nature of the mandatory considerations (Reg 88Q) span impacts on the environment and heritage, cultural and social values; options for monitoring, managing and mitigating the potential impacts of the proposed conduct; whether the activity is consistent with the objectives of the zone as set out in the zoning plan; if the proposed conduct also requires an approval or permit under the EPBC Act; any written comments received about the application in response to the public advertisement published in accordance with regulation 88D; and any other matters relevant to the orderly and proper management of the Marine Park.

Discretionary considerations (Reg 88R) are considered on a case-by-case manner specific to the individual applications received. These considerations include the requirement for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park; the effect that the grant of the permission will have on public appreciation, understanding and enjoyment of the Marine Park; the impact of the conduct in the context of other conduct in the relevant area or nearby areas, or in the Marine Park; any policies or guidelines issued by the Authority about the management of the Marine Park or the performance of the Authority’s functions; if the application for the permission relates to an undeveloped project the cost of which will be large — the capacity of the applicant to satisfactorily develop and manage the project; whether approval or permission under Queensland law has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; any international Convention to which Australia is a signatory, or any agreement between the Commonwealth and a State or Territory, that is relevant to the application; any relevant law of the Commonwealth, or Queensland or a relevant plan made under such a law, relating to the management of the environment, or an area in the Marine Park; any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the EPBC Act; whether the applicant for the permission is a suitable person to hold such a permission; any other matters relevant to achieving the objects of the Act.

In addition, there are several limitations on the Authority granting permissions, which have been put in place over time to provide certainty on how the Authority will make decisions in relation to certain activities. These include limitations on taking protected species; on taking leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area; on swimming with dwarf minke whales in part of the Cairns Planning Area — maximum number of permissions that may be granted; and on entering or using the Princess Charlotte Bay Special Management Area.

The purpose of GBRMPA’s Dredging and Spoil Disposal Policy (2010) is to provide a transparent, consistent and contemporary approach to environmental impact management of dredging and spoil disposal in the Marine Park.

Environment Protection (Sea Dumping) Act 1981 (Sea Dumping Act): Australia regulates the loading and dumping of waste at sea under the Sea Dumping Act. The aim is to minimise pollution threats by prohibiting ocean disposal of waste considered too harmful to be released in the marine environment and regulating permitted waste disposal to ensure environmental impacts are minimised. Permits are required for all sea dumping operations. Permits are most commonly issued for dredging operations. For sea dumping within the Marine Park, the Sea Dumping Act is administered by GBRMPA.

Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act): Approval under the EPBC Act for the dumping of capital dredge spoil material in the Marine Park may be required depending on the scale of potential impacts on matters of national environmental significance. The EPBC Act decision is made by the Minister for the Environment or his delegate within the Department of the Environment. Although GBRMPA advice is considered in this decision as part of arrangements under a Memorandum of Understanding between GBRMPA and the Department, GBRMPA is not the decision maker. When an activity requires an EPBC Act approval, the decision on the EPBC approval must be made before GBRMPA is able to make a decision on the same activity.

The National Assessment Guidelines for Dredging (2009) set out the framework for the environmental impact assessment and permitting of ocean disposal of dredged material. The framework includes (i) evaluating alternatives to ocean disposal, (ii) assessing loading and disposal sites, (iii) assessing potential impacts on the marine environment and other users, and (iv) determining management and monitoring requirements. The Guidelines are intended to provide greater certainty about the assessment and permitting process as well as provide some guidance on opportunities for longer-term strategic planning. They also consider the range in size of differing dredge disposal activities.

Queensland

Queensland has jurisdiction for its State coastal waters which extend three nautical miles from the coast of the Queensland mainland or its islands and is the primary regulator for adjacent land. This often overlaps with the Great Barrier Reef Marine Park.

Disposal of dredge material undertaken in state waters requires a range of State approvals such as tidal works approval under the Sustainable Planning Act 2009 and Environmentally Relevant Activity (ERA) approval under the Environmental Protection Act 1994. If the activity occurs within a State Marine Park, it may also require a State Marine Park Permit, which in the Great Barrier Reef is often a joint permit with GBRMPA.

Additional approvals under the Fisheries Act 1994, Nature Conservation Act 1992 and/or the Coastal Protection and Management Act 1995 may also be required depending on the location and nature of the dredging/disposal works.

Approval processes under the Sustainable Planning Act 2009 for tidal works, or otherwise disposing of dredge material or other solid waste material in tidal water require assessment against the National Assessment Guidelines for Dredging (2009).

All dredging and dredge spoil disposal in Queensland must be consistent with the requirements of the London Protocol. The Sea Dumping Act also applies to state coastal waters.