Waters surrounding Australia's coastlines are protected from waste and pollution dumped at sea by the Environment Protection (Sea Dumping) Act 1981(external link) (Sea Dumping Act).
The Sea Dumping Act:
- prohibits the ocean disposal of material considered too harmful to be released into the marine environment
- applies to all vessels, aircraft, and platforms in Australian waters, and to all Australian vessels and aircraft in any part of the sea.
- fulfils Australia’s obligations under the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the London Protocol).
Australian waters stretch from the low-water mark of the Australian shoreline out to 200 nautical miles (nm). It also includes any waters on the continental shelf of Australia where it extends past 200 nm. It does not include waters within the limits of a state or territory.
Our role
We regulate:
- permitted ocean waste disposal to minimise its environmental impacts while loading and dumping waste at sea
- the placement of artificial reefs used to enhance the marine environment.
Sea dumping permits
You can apply for a permit to:
- create an artificial reef
- dispose of bulky items from small islands into the sea
- perform a burial at sea
- dispose of carbon dioxide via carbon capture and sequestration at sea
- dispose dredged or excavated material at sea
- dispose of fish waste at sea
- abandon platforms or other man-made structures at sea
- dump platforms or other man-made structures at sea
- dump vessels at sea.
About sea dumping
Sea dumping is any:
- deliberate dumping of waste or other materials into the sea from vessels, aircraft, platforms, or other man-made structures
- deliberate dumping into the sea of vessels, aircraft, platforms, or other man-made structures
- storing of waste or other materials under the seabed from vessels, aircraft, platforms, or other man-made structures
- deliberate abandonment or toppling at site of platforms or other man-made structures at sea.
Sea dumping does not include:
- disposal derived from the normal operations of vessels, aircraft, platforms, or other man-made structures at sea such as sewage and galley scraps. For these discharges, you must comply with legislation administered by the Australian Maritime Safety Authority
- placing matter for a purpose other than disposal, provided that such placement is not contrary to the aims of the London Protocol
- scattering human ashes at sea (however, you need a permit to perform a sea burial).
Waters within the limits of the state
Australian waters do not include those within the limits of a state or territory. Waters within state and territory limits were set out in Letters Patent issued by the Governors of each of the states as they were being formed. The limits may include:
- bays
- gulfs
- estuaries
- rivers
- creeks
- inlets
- ports
- harbours.
State limits are generally low water along the coastline together with bay closing lines (usually of no more than 6 nm in length) and river closing lines. Along some coastlines, locating these boundaries may be difficult, especially where islands lie very close to the coastline and certain bays. There are detailed legal principles that must be applied to determine the exact location of the state limits.
Defining waters within the state limit can be complex. You may need to seek legal advice to determine these limits. We will help you where we can.
For help, email seadumping@nationalepa.gov.au.
International obligations
The Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (the London Convention) is an international agreement that protects the ocean from pollution caused by dumping waste at sea.
The London Protocol is a newer agreement that updates and strengthens the Convention and is intended to eventually replace it.
The London Protocol aims to:
- protect and preserve the marine environment from all human activities
- prevent pollutionfrom dumping wastes and other materials into the sea.
Australia is a Party of both the London Convention and Protocol.
Under the London Protocol, all dumping of waste at sea is prohibited unless a permit is granted. Only certain types of waste can be approved for dumping with a permit, namely:
1. Dredged material
2. Fish waste, or material resulting from industrial fish processing operations
3. Vessels and platforms or other man-made structures at sea
4. Inert, inorganic geological material
5. Organic material of natural origin
6. Bulky items primarily comprising iron, steel, concrete and similar unharmful materials for which the concern is physical impact and limited to those circumstances, where such wastes are generated at locations, such as small islands with isolated communities, having no practicable access to disposal options other than dumping
7. CO2 streams from CO2 capture processes.
Australia fulfils its international obligations under the London Protocol through the Sea Dumping Act. Australia reports annually to the International Maritime Organization on all permitted sea dumping activities in Australian waters or by Australian flagged vessels overseas.
If you are proposing to dump waste into the ocean, see How to apply for a sea dumping permit.