Dredging in ports in Queensland

Australia is a signatory to the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 (London Protocol).

The London Protocol is a global convention that aims to protect and preserve the marine environment from all sources of pollution and take effective measures to prevent, reduce and where practicable eliminate pollution caused by disposal or incineration of wastes at sea.

The application of Commonwealth legislation varies depending on specific legislative requirements applicable at each port.

The key Commonwealth legislation relating to the regulation of dredging and dredged material placement include the:

• Environment Protection (Sea Dumping) Act 1981 (Sea Dumping Act) which implements Australia’s obligations under the London Protocol to prevent marine pollution by dumping of wastes and other matter.
• Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) which provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities, and heritage places (matters of national environmental significance).
• Great Barrier Reef Marine Park Act 1975 (GBRMP Act) which provides for the long-term protection and conservation of the environment, biodiversity and heritage values of the Great Barrier Reef Region. Applications for dredging and disposal of dredged material within the Great Barrier Reef Marine Park must undergo a comprehensive environmental assessment.
• Great Barrier Reef Marine Park Regulations 2019 which bans the disposal of dredged material in the Great Barrier Reef Marine Park from capital dredging projects such as port developments.

The Australian Department of Climate Change, Energy, the Environment and Water is the relevant regulator for Australian waters, not within the Great Barrier Reef Marine Park, and provides advice on the application of the Environment Protection (Sea Dumping) Act 1981.

The Great Barrier Reef Marine Park Authority is the relevant regulator for waters in the Great Barrier Reef Marine Park.

The National Assessment Guidelines for Dredging 2009 (NAGD) seeks to provide clear, consistent standards and criteria for assessment of dredged material, and to facilitate better decision-making by regulators, by improving the quality of information on which assessments are based. The NAGD are actively used by all ports and regulators, and form the basis of the approvals process. It must be addressed as part of an application under the Sea Dumping Act. 

The NAGD sets out the framework for the environmental impact assessment and permitting of the ocean disposal of dredged material. The framework includes:

• evaluating alternatives to ocean disposal
• assessing loading and disposal sites
• assessing potential impacts on the marine environment and other users
• determining management and monitoring requirements.

The NAGD intends to provide greater certainty about the assessment and permitting process behind dredging approval applications. Although not a legislative instrument, the NAGD provides guidance for all dredging activities undertaken in Australian Waters. The NAGD should be read in conjunction with the Sea Dumping Act and its Regulations, the EPBC Act, the GBRMP Act and Australia’s international obligations outlined in the London Protocol. 

The objective of the Great Barrier Reef Marine Park Authority’s Dredging and Dredge Spoil Material Disposal Policy is to provide a transparent, consistent and contemporary approach to environmental impact management of dredging and dredged material placement in the Great Barrier Reef Marine Park.

In addition to the regulatory framework, the Environmental Code of Practice for Dredging and Dredged Material Management published by Ports Australia, sets out a series of environmental principles that ports follow when undertaking dredging and when beneficially reusing, or placing dredged material.

Queensland Government legislation applies for dredging that occurs within State Waters. As all ports within the Great Barrier Reef World Heritage Area also reside within Queensland State Waters, Queensland State legislative acts are applicable to all Great Barrier Reef World Heritage Area port dredging operations. The Queensland legislation that may apply includes:

• Transport Infrastructure Act 1994 requires Queensland ports to undertake maintenance dredging to fulfil their requirement to provide and operate effective and efficient port facilities and services.
• Sustainable Ports Development Act 2015 (Ports Act) provides for the protection of the Great Barrier Reef World Heritage Area through managing port-related development in and adjacent to the area. The Ports Act prohibits major capital dredging for the development of new or expansion of existing port facilities in the Great Barrier Reef World Heritage Area outside the priority ports of Gladstone, Hay Point/Mackay, Abbot Point and Townsville (and the Port of Cairns in some limited circumstances). The Ports Act also prohibits the sea-based placement of port-related capital dredged material within the Great Barrier Reef World Heritage Area.
• Marine Parks Act 2004 supports the creation of a comprehensive and balanced zoning system within the Great Barrier Reef Coast Marine Park, providing protection of the Great Barrier Reef’s unique biodiversity, while continuing to provide opportunities for the use of and access to the marine park.
• Coastal Protection and Management Act 1995 provides for the protection, conservation, rehabilitation and management of Queensland’s coastal zone, including its resources and biological diversity.
• Environmental Protection Act 1994 provides for the protection of Queensland’s environment through an integrated management program that is consistent with ecologically sustainable development.
• Fisheries Act 1994 sets out Queensland’s responsibilities for the economically viable, socially acceptable and ecologically sustainable development of Queensland’s fisheries resources.
• Planning Act 2016 provides for land use planning and development assessment to facilitate the achievement of ecological sustainability.

The Queensland Department of Environment, Tourism, Science and Innovation is the relevant regulator for activities in state waters.

The Department of Environment, Tourism, Science and Innovation grants permits for dredging and material disposal as part of a joint permit process with the Great Barrier Reef Marine Park Authority for the Great Barrier Reef Marine Park within state waters.

The Maintenance Dredging Strategy for Great Barrier Reef World Heritage Area Ports aims to provide a framework for sustainable, leading practice management of maintenance dredging at ports in the Great Barrier Reef World Heritage Area.

Further information about dredging:

• Far North Queensland Ports Corporation Limited (trading as Ports North)
• Port of Townsville Limited
• North Queensland Bulk Ports Corporation Limited
• Gladstone Ports Corporation Limited
• Port of Brisbane Pty Ltd