Document ID: chunk:federal_register_of_legislation:C2004A00699:clause:1_36
Version: federal_register_of_legislation:C2004A00699
Segment Type: clause
Provision Reference: sch 1 cl 36
Character Range: 24667–25893

36  Subsections 19(5), (5A), (6), (6A), (7) and (8)
Repeal the subsections, substitute:

 (5) Subject to subsection (7), a permit for dumping or loading for dumping:
 (a) may only be granted for controlled material that is within Annex 1 to the Protocol; and
 (b) may only be granted in accordance with Annex 2 to the Protocol.

 (6) Subject to subsection (7), a permit cannot be granted for incineration at sea or loading for incineration at sea.

 (7) The Minister may grant a permit for dumping, incineration at sea or loading for dumping or incineration at sea, of any controlled material if, in the Minister's opinion, there is an emergency that:
 (a) poses an unacceptable risk to human health, safety, or the marine environment; and
 (b) admits of no other feasible solution.

 (8) A permit cannot be granted for an artificial reef placement of seriously harmful material.

 (8A) In considering the granting of a permit, the Minister must have regard to the following (so far as they are relevant):
 (a) the Protocol;
 (b) the Torres Strait Treaty;
 (c) the Antarctic Treaty;
 (d) any other treaty or convention to which Australia is a party and that relates to dumping at sea or to Antarctica or Antarctic resources.