Document ID: chunk:federal_register_of_legislation:C2024C00748:section:19:p2
Version: federal_register_of_legislation:C2024C00748
Segment Type: section
Provision Reference: s 19 (pt 2/3)
Character Range: 41085–43887

to another country for dumping if the Minister is satisfied:
 (a) that the controlled material is carbon dioxide streams from carbon dioxide capture processes for sequestration into a sub‑seabed geological formation; and
 (b) of the matters referred to in paragraphs 4.1, 4.2 and 4.3 of Annex 1 to the Protocol; and
 (c) that there is an agreement or arrangement in force between Australia and the other country that includes the matters covered by paragraphs 2.1 and 2.2 (as appropriate) in the Annex to Resolution LP.3(4) adopted on 30 October 2009 by the Contracting Parties to the Protocol; and
 (d) that the grant of the permit would be in accordance with Annex 2 to the Protocol; and
 (e) of any other matters the Minister considers relevant.
 (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.
 (9) Before granting a permit for dumping or artificial reef placement, the Minister may require the applicant to enter into an agreement with the Commonwealth that includes provisions of any, or all, of the following kinds:
 (a) in the case of a permit for dumping or artificial reef placement—a provision that the applicant will, at his or her own expense, undertake such research and monitoring as is specified in the agreement, being research and monitoring relating to the consequences of the release into the marine environment through the proposed dumping operation or artificial reef placement of any contaminants;
 (b) in the case of a permit for dumping—a provision that the applicant will investigate, as specified in the agreement, the possibility of avoiding or reducing the need for further dumping by him or her;
 (c) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in undertaking research, monitoring or investigation of a kind referred to in a preceding paragraph;
 (d) a provision that the applicant will reimburse the Commonwealth the amount, as ascertained by the Minister, of any expense incurred by the Commonwealth in supervising any research, monitoring or investigation undertaken by the applicant in accordance with the agreement;
 (e) a provision that, if the applicant fails, or neglects, to carry out any research, monitoring or investigation as required by the agreement:
 (i) the Commonwealth may undertake the necessary research, monitoring or investigation, as the case may be;