Outlook Online 2009

Great Barrier Reef Marine Park Authority :: Special situations when a permit is not required

Special situations when a permit is not required

OilSpillHotlineA Great Barrier Reef Marine Park Authority (GBRMPA) permit and a sea dumping permit, (Environment Protection (Sea Dumping) Act 1981), are required to scuttle or incinerate a vessel in the Marine Park, except in the special circumstances set out here.

Note even under the emergency circumstances where permits are not required for these actions, specific notification or reporting obligations may apply and you may be required to follow the directions of the GBRMPA. Some of these no-permit-required situations as detailed in Section 5 of the Great Barrier Reef Marine Park Zoning Plan (page 37) are summarised below:
 
Section 5.1 - Use or entry without permission or notification

A zone (including a zone or part of a zone in the Remote Natural Area or a Designated Area) may be used or entered without permission or notification to the Authority for any of the following purposes:

a. In an emergency, for any of the following purposes:

    i) To investigate and respond to an emergency alert
    ii) To save human life or avoid the risk of injury to a person
    iii) To locate or secure the safety of an aircraft, vessel or structure that is, or may be, endangered by stress of weather or by navigational or operational hazards
    iv) To carry out emergency repairs to a navigational aid
    v) To deal with a threat of pollution to the marine environment under Commonwealth law or a national emergency response arrangement in which the Authority participates under Commonwealth law
    vi) To remove or salvage a vessel or an aircraft, or a section of a vessel or an aircraft, or other wreck, that is wrecked, stranded, sunk or abandoned and poses a threat to the marine environment or safety.

d. To enforce a law of the Commonwealth or Queensland by a person authorised under that law, or under another law of that kind, to enforce the law.

e. To carry out reconnaissance or surveillance for the Commonwealth or Queensland.

Section 5.2 - Use or entry without permission after notification

A zone (including a zone or part of a zone in the Remote Natural Area or a Designated Area) may be used or entered without permission, after notification to the Authority and subject to any directions given by the Authority, for any of the following purposes:
(a) Otherwise than in an emergency, to remove or salvage a vessel or an aircraft, or a section of a vessel or an aircraft, or other wreck, that is wrecked, stranded, sunk or abandoned
(g) To deal with an emergency involving a serious threat to the environment, other than a threat mentioned in subparagraph 5.1 (a) (v) or (vi).

Environment Protection (Sea Dumping) Act 1981

Under this Act a permit is required for the dumping or incineration of any of controlled material, a vessel, an aircraft or a platform, from or on an Australian vessel or within Australian waters. A permit is also required for the loading of an Australian vessel or a vessel within Australian waters with controlled materials or a vessel or aircraft or platform for the purpose of dumping or incinerating that material, vessel, aircraft or platform.

Limited exceptions to these requirements under Section 15 of the Act, include if:

a. The relevant conduct was necessary to secure the safety of human life or of a vessel, aircraft or platform in a case of force majeure caused by stress of weather

b. The relevant conduct appeared to be the only way of averting a threat to human life, or to the safety of a vessel, aircraft or platform, and there was every probability that the damage caused by the conduct would be less than would otherwise occur

and, in either case…

c. The relevant conduct was so carried out as to minimise the likelihood of damage to human or marine life

d. A report of the relevant conduct, setting out the prescribed information, was given to the Minister as soon as practicable after the conduct occurred

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