[1] Regulation 1
substitute
1 Name of Regulations
[2] Regulation 2A
omit
[3] Regulation 3
substitute
3 Reports of
relevant conduct prescribed information
For paragraph 15 (3) (d) of the Act, the prescribed information for
a report of relevant conduct is the following:
(j) if controlled material (other than a vessel, aircraft or platform) was dumped into the sea, incinerated at sea, loaded for dumping or incineration, or placed as part of an artificial reef placement the following information about the controlled material (worked out as accurately as possible in the particular case):
(k) if a vessel, aircraft or platform was dumped into the sea, incinerated at sea, loaded for dumping or incineration, or placed as part of an artificial reef placement the following information about the vessel, aircraft or platform:
[4] Regulation 4
omit each mention of
the Schedule
insert
Schedule 1
[5] Regulation 5
substitute
5 Fees applications for certain dumping permits
(2) If:
the fee is the fee applying to the application under the following table:
| Quantity of material for which permit sought (m 3 a year) | ||
100,000 or less | over 100,000 and less than 500,000 | 500,000 or more | |
1 year or less | $5 500 | $11 000 | $16 500 |
over 1 year and less than 3 years | $11 000 | $16 500 | $16 500 |
over 3 years | $16 500 | $16 500 | $16 500 |
(3) If:
the fee is the fee applying to the application under the following table:
| Quantity of material for which permit sought (m 3 a year) | ||
100,000 or less | over 100,000 and less than 500,000 | 500,000 or more | |
1 year or less | $11 000 | $16 500 | $16 500 |
over 1 year and less than 3 years | $16 500 | $16 500 | $16 500 |
over 3 years | $16 500 | $16 500 | $16 500 |
(4) For paragraphs
(2) (a) and (3) (a), material to be dumped is, or is taken to be,
contaminated if:
(a) it appears, from information included with the application, that the
material contains a substance mentioned in Schedule 2:
(5) For subparagraph (4) (a) (ii), the background level of a substance is taken to be the level of the substance that is reasonably believed to exist in sediment that is:
and is not affected by previous dredging, excavation, dumping or related activities.
(6) For subparagraphs (4) (a) (i) and (ii), and
subregulation (5), the total dry weight concentration of a substance mentioned
in any of items 11 to 33, or item 35, of Schedule 2 is to be normalised to a 1
percent of total organic carbon basis (but subject to a maximum multiplier of
5) before comparing its concentration in the sediment with the screening level
in the Schedule.
Examples
1
If the total organic carbon in the sediment is
0.5 percent, the measured dry weight of a contaminant mentioned in any of
those items must be doubled before comparison with the screening level in the
Schedule.
2
If the total organic carbon in the sediment is 0.2 percent or
less, the measured dry weight of a contaminant mentioned in any of those items
is to be multiplied by 5 before comparison with the screening level in the
Schedule.
(7) For paragraphs (2) (b) and (3) (b), a site is environmentally
sensitive if it appears that the dredging, excavation, dumping or a related
activity may have an impact on:
(a) any of the following (as the relevant term is defined in the
Environment Protection and Biodiversity Conservation Act 1999 ):
(b) seagrasses that are a habitat of a species or ecological community
mentioned in subparagraph (a) (viii), (ix), (x), (xi) or (xii); or
(c) any other habitat of a species or ecological community mentioned in
subparagraph (a) (viii), (ix), (x), (xi) or (xii); or
(d) a coral reef.
5A Fees certain other applications
For subsection 40 (1) of the Act, the following fees are prescribed:
5B Fees time for payment
[6] Schedule, heading
substitute
Schedule 1 Prescribed courts
(regulation 4)
[7] After the Schedule
insert
Schedule 2 Substances and screening levels
(paragraph 5 (4) (a))
Item | Substance | Screening level |
---|---|---|
Metals and metalloids | ||
1 | Antimony | 2 mg/kg |
2 | Arsenic | 20 mg/kg |
3 |
Cadmium | 1.5 mg/kg |
4 | Chromium | 80 mg/kg |
5 | Copper | 65 mg/kg |
6 |
Lead | 50 mg/kg |
7 | Mercury | 0.15 mg/kg |
8 | Nickel | 21 mg/kg |
9 |
Silver | 1.0 mg/kg |
10 | Zinc | 200 mg/kg |
Organics | ||
11 | Total PCBs | 23 µg/kg |
Pesticides | ||
12 | DDD | 2 µg/kg |
13 | DDE | 2.2 µg/kg |
14 | Total DDT | 1.6 µg/kg |
15 | Dieldrin | 0.02 µg/kg |
16 | Chlordane | 0.5 µg/kg |
17 | Lindane | 0.32 µg/kg |
18 | Endrin | 0.02 µg/kg |
Polynuclear aromatic hydrocarbons (PAHs) | ||
19 |
Acenapthene | 16 µg/kg |
20 | Acenapthalene | 44 µg/kg |
21 |
Anthracene | 85 µg/kg |
22 | Fluorene | 19 µg/kg |
23 | Napthalene |
160 µg/kg |
24 | Phenanthrene | 240 µg/kg |
25 |
Low-molecular-weight PAHs | 552 µg/kg |
26 | Benzo [a] anthracene | 261 µg/kg |
27 | Benzo [a] pyrene | 430 µg/kg |
28 | Dibenz [a] anthracene | 63 µg/kg |
29 | Fluoranthene | 600 µg/kg |
30 |
Chrysene | 384 µg/kg |
31 | Pyrene | 665 µg/kg |
32 |
High-molecular-weight PAHs | 1 700 µg/kg |
33 | Total PAH |
4 000 µg/kg |
Other substances | ||
34 | Radionuclides | 35 Bq/g |
35 | Tributyltin (as Sn) | 5 ng Sn/g |