The Environment Protection (Sea Dumping) Act 1981 (Sea Dumping Act) regulates the dumping or abandonment of platforms or other man-made structures in Australian waters. It also regulates these actions from Australian vessels in any part of the sea. You may need a sea dumping permit to abandon, move or modify for disposal structures or materials from the offshore oil and gas industry.
As party to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (the London Protocol), the Australian Government must meet its obligations to protect our marine environment from pollution.
Activities carried out in Australian waters during the following phases of oil and gas production do not require a permit:
- exploration
- exploitation
- offshore processing.
During other phases, activities that are considered to be dumping or abandonment require a sea dumping permit.
Well infrastructure below the mudline, including the well bore and any plugs, is considered to have been placed for a purpose. They do not need a sea dumping permit.
Oil and gas activities that may need a sea dumping permit
If you own or operate oil and gas infrastructure, Australian law requires you to remove it from the sea when oil and gas operations end. This achieves 3 outcomes:
- Australia upholds its international obligations
- the marine environment is protected
- risks are minimised for other users of the sea.
In limited circumstances, you may apply for a sea dumping permit to leave certain types of infrastructure in the sea. Applicants must consider waste management options when preparing an application, in line with paragraph 5 of Annex 2 to the London Protocol.
Figure 1 shows a decision flowchart of the different permit types. Activities that may need a sea dumping permit include:
- dumping (moving the item from its current location and disposing of it in Australian waters) of any oil and gas infrastructure
- abandonment in-situ of most oil and gas infrastructure within Australian waters, in the location where it originally served its purpose
- placement of an artificial reef within Australian waters that includes decommissioned oil and gas infrastructure.
The Minister (or delegate) considers each application for a permit separately. They review the proposal to decide whether the activity is considered sea dumping under the London Protocol and the Sea Dumping Act. More information is available for how to prepare a sea dumping permit application and how applications are assessed.
Is your activity in Australian waters?
- If NO, you do not need to apply for a sea dumping permit (other permits may still apply e.g., under state legislation).
- If YES, then question: Is your activity within the exploration, exploitation, or offshore processing phases?
- If YES, you do not need to apply for a sea dumping permit at this time, although you may wish to consider your obligations for the future (note that other approvals may still apply to your proposed activity e.g., Offshore Petroleum and Greenhouse Gas Storage Act 2006).
- If NO, you may require a sea dumping permit.
Next step: Read about the permit types to understand more about the types of activities and infrastructure that require a sea dumping permit, and which permit type to use for your application.
For more information, visit How to apply for a sea dumping permit.
If you need help determining whether your activity requires a permit, contact seadumping@dcceew.gov.au.
Australian Government guidance for sea dumping of infrastructure in Commonwealth waters
Some types of infrastructure are not appropriate to leave in the sea. The Australian Government has issued guidance for removal of oil and gas property and sea dumping of infrastructure in Commonwealth waters. This guidance outlines:
- what to consider when you are preparing an application to leave infrastructure in the sea
- types of infrastructure that cannot be left in the sea
- types of infrastructure that may be assessed under relevant legislation to determine whether it may be left in the sea in limited circumstances.
Offshore decommissioning should be planned with this guidance in mind. If you plan to leave infrastructure in the sea, the table below will help you choose the correct permit type. The infrastructure listed sits within the guidance category of ‘may be assessed to determine whether it may be left in the sea in limited circumstances’ (guidance table 3). If infrastructure is not listed, it may sit within the category of ‘cannot be left in the sea’ (guidance table 2).
Types of sea dumping permits
| Type of permit | Activity requiring a permit |
|---|---|
| Dumping permit |
Required when offshore activities involve deliberate moving, modifying or disposing of infrastructure, or disposing of waste or other matter from vessels, platforms, or other man-made structures at sea. Examples include, but are not limited to:
|
| Abandonment permit |
Required when leaving infrastructure where it originally served its purpose, including platforms or other man-made structures at sea. Examples include, but are not limited to:
|
| Artificial reef permit | Required when incorporating oil and gas infrastructure into an artificial reef in Australian waters. |
Activities exempt from sea dumping permit requirements
You may not need a sea dumping permit if you plan to abandon an export pipeline or cable that will not be moved, modified, or augmented.
To discuss your proposed activity, contact seadumping@dcceew.gov.au.
Permit application forms and fees
The application fee for a permit to dump or abandon a platform or other man-made structure at sea is $12,700 per item.
For information on how to pay, visit How to apply for a sea dumping permit.