Antarctic (Environment Protection) Legislation Amendment Act 1992 (Cth)

Antarctic (Environment Protection) Legislation Amendment Act 1992

No. 156 of 1992

TABLE OF PROVISIONS

PART 1—PRELIMINARY

Section
1.	Short title
2.	Commencement
PART 2—AMENDMENTS OF THE ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980
3.	Principal Act
4.	Preamble
5.	Insertion of new heading:
PART 1—PRELIMINARY
6.	Interpretation
7.	Act binds Crown
8.	Insertion of new sections and heading:
7A. Necessity to act in accordance with basic environmental principles
PART 2—CONSERVATION OF ANTARCTIC FAUNA AND FLORA
7B. Interpretation
9.	Insertion of new section: 7C. Specially protected species
10.	Repeal of section 7B

TABLE OF PROVISIONS—continued

Section
11.	Repeal of section 8 and insertion of new sections: 8. Antarctic specially protected areas etc. 8A. Historic sites and monuments
12.	Grant and renewal of permit
13.	Restrictions applicable to permits
14.	Variation, suspension and revocation of permits
15.	New Part and heading inserted:
PART 3—ENVIRONMENTAL IMPACT ASSESSMENT
12A. Interpretation 12B. Object of Part 12C. Part does not apply to certain activities 12D. Preliminary assessment of likely impact of activity on Antarctic environment 12E. Preliminary determination of likely impact of activity 12F. Activity to proceed if impact negligible 12G. Initial environmental evaluation 12H. Determination of likely impact of activity based on initial environmental evaluation 12J. Authorisation of activity likely to have minor etc. impact on environment 12K. Comprehensive environmental evaluation 12L. Authorisation of activity likely to have more than minor etc. impact on environment 12M. Notice of authorisation 12N. Variation, suspension and revocation of authorisation 12P. Variation etc. of conditions 12Q. Monitoring of activities
PART 4—INSPECTORS
16.	Insertion of new heading:
PART 5—OFFENCES
17.	Offences relating to the environment
18.	Insertion of new sections: 19A. Prohibition against mining in the Territory 19B. Prohibition against mining in the Antarctic 19C. Prosecution of offences
19.	Furnishing information
20.	Insertion of new section: 21A. Unauthorised activities
21.	Repeal of section
22.	Insertion of new heading:
PART 6—MISCELLANEOUS
23.	Repeal of section 27 and insertion of new section: 27. Delegation
24.	Review of decisions
25.	Regulations
26.	Heading to Schedule
27.	Further amendments
28.	Addition of Schedules

TABLE OF PROVISIONS—continued

Section
PART 3—AMENDMENT OF THE ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981
29.	Principal Act
30.	Arrest without warrant
PART 4—REPEAL OF ANTARCTIC MINING PROHIBITION ACT 1991
31.	Repeal of Act

SCHEDULE 1

FURTHER AMENDMENTS OF THE ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980

SCHEDULE 2

SCHEDULES TO BE ADDED AT THE END OF THE ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980

Antarctic (Environment Protection) Legislation Amendment Act 1992

No. 156 of 1992

An Act to amend the legislation relating to the protection
of the environment in the Antarctic

[Assented to 11 December 1992]

The Parliament of Australia enacts:

PART 1—PRELIMINARY

Short title

1. This Act may be cited as the Antarctic (Environment Protection) Legislation Amendment Act 1992.

Commencement

2.(1) Parts 1 and 3 commence on the day on which this Act receives the Royal Assent.

(2) Subsections 12(2) and 17(2) commence on 1 April 1994.

(3)

Subject to subsection (4), subsection 6(2), section 9, paragraph 12(3)(b), subsections 13(3) and (4) and 17(3), sections 18 and 27 and Part 4 commence on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol on Environmental Protection to the Antarctic Treaty done, and opened for signature, at Madrid on 4 October 1991 (the “Protocol”) enters into force.

(4)

If the provisions referred to in subsection (3) do not commence under that subsection within the period of 6 months beginning on the day on which the Protocol enters into force, they commence on the first day after the end of that period.

(5)

Subject to subsection (6), subsections 4(2) and 6(3), sections 10 and 11, paragraph 12(3)(a), subsections 13(5) and (6), 17(4), 19(2) and 25(2) commence on a day to be fixed by Proclamation, being a day not earlier than the day on which Annex V to the Protocol becomes effective as provided by Recommendation XVI10 adopted by the XVIth Antarctic Treaty Consultative Meeting at Bonn on 18 October 1991.

(6)

If the provisions referred to in subsection (5) do not commence under that subsection within the period of 6 months beginning on the day on which Annex V to the Protocol becomes effective, they commence on the first day after the end of that period.

(7)

The remaining provisions of this Act commence on the first day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent.

PART 2—AMENDMENTS OF THE ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980

Principal Act

3. In this Part, “Principal Act” means the Antarctic Treaty (Environment Protection) Act 19801.

Preamble

4.(1) The Preamble to the Principal Act is amended by adding at the end the following paragraphs:

“AND WHEREAS Australia is a party to the Protocol on Environmental Protection to the Antarctic Treaty:

“AND WHEREAS it is desirable to make provision for giving effect to that Protocol:

“AND WHEREAS it is desirable to make other provision relating to the protection of the environment in the Antarctic:”.

(2) The Preamble to the Principal Act is amended:
(a)
by omitting the first and second paragraphs;
(b)
by omitting “AND” from the third paragraph.

Insertion of new heading

5. Before section 1 of the Principal Act the following heading is inserted:

“PART 1—PRELIMINARY”.

Interpretation

6.(1) Section 3 of the Principal Act is amended:
(a)
by inserting in the definition of “animal” in subsection (1) “, a native invertebrate” after “bird”;
(b)
by inserting in the definition of “permit” in subsection (1) “Part 2 of after “under”;
(c)
by omitting from the definition of “Seals Convention” in subsection (1) “the Schedule)” and substituting the following words and paragraphs:
“Schedule 1) as affected by the amendments to the Annex to the Convention that:
(a)
were recommended by the representatives of the Contracting Parties to the Convention at their 1988 Meeting to Review the Operation of the Convention; and
(b)
were included in paragraphs 21, 31 and 36 of their Report of that meeting, a copy of the English text of which is set out in Schedule 2; and
(c)
became effective on 27 March 1990”;
(d) by omitting from subsection (1) the definitions of “native bird” and “native mammal” and substituting the following definitions:
“ ‘native bird’ means:
(a) any member, at any stage of its life cycle (including eggs), of any species of the Class Aves that:
(i) is indigenous to the Antarctic; or
(ii) comes to the Antarctic seasonally through natural migrations; or
(b) any dead specimen of any species referred to in paragraph (a);
‘native mammal’ means:
(a)
any member, at any stage of its life cycle, of any species of the Class Mammalia indigenous to the Antarctic except whales and seals; or
(b)
any member, at any stage of its life cycle, of any species of the Class Mammalia that comes to the Antarctic seasonally through natural migration except whales and seals; or

(c) any dead specimen of any species referred to in paragraph (a) or (b) except whales and seals;”;

(e) by inserting in subsection (1) the following definitions:

“ ‘basic environmental principles’ means the environmental principles set out in Article 3 of the Madrid Protocol;
‘CAMLR Convention’ means the Convention on the Conservation of Antarctic Marine Living Resources, a copy of the English text of which is set out in the Schedule to the Antarctic Marine Living Resources Conservation Act 1981;
‘CEMP site’ means a monitoring site:
(a)
established for the purposes of the Ecosystem Monitoring Program conducted by the Parties to the CAMLR Convention; and
(b)
the management plan for which has been adopted by the Commission for the Conservation of Antarctic Marine Living Resources in accordance with Conservation Measure 18/IX adopted by the Commission, which became binding on Australia on 7 May 1991;
‘Madrid Protocol’ means the Protocol on Environmental Protection to the Antarctic Treaty, a copy of the English text of which (apart from Annex IV to it) is set out in Schedule 3, being the Protocol done, and opened for signature, at Madrid on 4 October 1991 to which, in accordance with Recommendation XVI-10 adopted by the XVIth Antarctic Treaty Consultative Meeting at Bonn on 18 October 1991, the Annex attached to that Recommendation has been added as Annex V to the Protocol;
‘native invertebrate’ means any terrestrial or fresh water invertebrate, at any stage of its life cycle, indigenous to the Antarctic;
‘whale’ means any member of the sub-order Mysticeti or Odontoceti of the order Cetacea.”;
(f)
by omitting from subsection (3) “or 7A” and substituting “, 7A or 86”;
(g)
by omitting from subsection (5) “Agreed Measures” and substituting “Madrid Protocol”;
(h) by omitting from subsection (5) “those Measures” (wherever occurring) and substituting “the Protocol”.

(2) Section 3 of the Principal Act is amended:

(a)
by omitting from the definition of “corresponding law” in subsection (1) “Agreed Measures” and substituting “Madrid Protocol”;
(b)
by omitting from the definition of “specially protected species” in subsection (1) “or native bird declared under subsection

8(7)” and substituting “, native bird or native plant declared under section 7C”;
(c)
by omitting from subsection (1) the definition of “authority of another Contracting Party”;
(d)
by inserting in subsection (1) the following definitions:
“ ‘Australian national’ means:
(a)
an Australian citizen; and
(b)
a body corporate that is incorporated in Australia or carries on its activities mainly in Australia;
‘continental shelf has the same meaning as in the Seas and Submerged Lands Act 1973;
‘mineral’ means any non-living, non-renewable natural resource;
‘mining activity’ means an activity carried on for, or in connection with, the recovery or exploitation of minerals (including prospecting and exploring for minerals), but does not include an activity that is necessary for scientific investigation or scientific research within the meaning of the Treaty;
‘recognised foreign authority’ means a permit, authority or arrangement that:
(a)
authorises the carrying on of an activity in the Antarctic; and
(b)
has been issued, given or made by a Party (other than Australia) to the Madrid Protocol that has accepted under that Protocol the same obligations as Australia in relation to the carrying on of that activity in the Antarctic;”.
(3) Section 3 of the Principal Act is amended:
(a)
by omitting from subsection (1) the definitions of “Agreed Measures”, “site of special scientific interest” and “specially protected area”;
(b)
by inserting in subsection (1) the following definitions:
“ ‘Antarctic specially managed area’ means an area declared to be an Antarctic specially managed area under section 8;
‘Antarctic specially protected area’ means an area declared to be an Antarctic specially protected area under section 8;
‘historic monument’ means a monument declared to be an historic monument under section 8A;
‘historic site’ means a site declared to be an historic site under section 8A;”.

Act binds Crown

7. Section 6 of the Principal Act is amended by omitting “and of the Northern Territory” and substituting “, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island”.

8. After section 7 of the Principal Act the following sections and heading are inserted:

Necessity to act in accordance with basic environmental principles

“7A. In exercising powers and performing duties under this Act, the Minister must act in a manner that is consistent with the basic environmental principles.

“PART 2—CONSERVATION OF ANTARCTIC FAUNA AND FLORA

Interpretation

“7B. Except so far as the contrary intention appears, an expression (other than an expression defined in section 3) that is used both in this Part and in the Agreed Measures (whether or not a particular meaning is given to it by those Measures) has, in this Part, the same meaning as in those Measures.”.

9. After section 7B of the Principal Act the following section is inserted:

Specially protected species

“7C.(1) Subject to subsection (2), if a species of native mammal, native bird or native plant is specified in Annex II to the Madrid Protocol for the purpose of designation as a specially protected species, the Minister may, by notice in the Gazette, declare that species to be a specially protected species.

“(2) If a species of native mammal or native bird was, immediately before the commencement of this section, a specially protected species because of a declaration under subsection 8(7) as then in force, that declaration has effect, for the purposes of this Act, as if it were a declaration made under subsection (1) on the commencement of this section.

“(3) The Minister may, by notice published in the Gazette, vary or revoke a declaration made under subsection (1) or referred to in subsection (2).”.

Repeal of section 7B

10.
Section 7B of the Principal Act is repealed.

11.

Section 8 of the Principal Act is repealed and the following sections are substituted:

Antarctic specially protected areas etc.

“8.(1) In this section:

‘area’ means:

(a)
an area of land or sea within the Antarctic; or
(b)
an area of any such land and any such sea.
“(2) Subject to subsection (4), the Governor-General may:
(a)
by Proclamation, declare an area specified in the Proclamation to be an Antarctic specially protected area; and
(b)
by the same or by another Proclamation, declare an area specified in the Proclamation to be an Antarctic specially managed area.

“(3) An area may not be declared to be an Antarctic specially protected area or an Antarctic specially managed area unless the Antarctic Treaty Consultative Parties have adopted a management plan in respect of the area under Article 6 of Annex V to the Madrid Protocol.

“(4) If an area is declared by Proclamation under subsection (2) to be an Antarctic specially protected area or an Antarctic specially managed area:

(a)
the subsoil beneath any land within the area, extending to the depth below the surface that is specified in the Proclamation; and
(b)
the waters and sea-bed beneath any ice shelf or sea within the area; and
(c)
the subsoil beneath any such sea-bed, extending to the depth below the sea-bed that is specified in the Proclamation;

is taken to be within the Antarctic specially protected area or the Antarctic specially managed area.

“(5) An area that was, immediately before the commencement of this section, a specially protected area or a site of special scientific interest is taken, for the purposes of this Act, to have been declared to be an Antarctic specially protected area by a Proclamation made under subsection (2) on the commencement of this section.

“(6) The Governor-General may, by Proclamation:
(a)
vary the boundaries of an Antarctic specially protected area or Antarctic specially managed area in accordance with an amendment of the management plan adopted by the Antarctic Treaty Consultative Parties; or
(b)
revoke a declaration made, or taken to have been made, under subsection (2) if the management plan in respect of the area to which the declaration relates is revoked.

Historic sites and monuments

“8A.(1) Subject to subsection (2), the Governor-General may, by Proclamation, declare a site or monument specified in the Proclamation to be an historic site or an historic monument.

“(2) A site or a monument may not be declared to be an historic site or an historic monument unless the Antarctic Treaty Consultative Parties have approved the listing of the site or monument as an historic site or an historic monument under Article 8 of Annex V to the Madrid Protocol.

“(3) The Governor-General may, by Proclamation, vary or revoke a Proclamation made under subsection (1) in respect of a site or monument if the Antarctic Treaty Consultative Parties have amended or revoked the listing of the site or monument as an historic site or historic monument.”.

Grant and renewal of permit

12.(1) Section 9 of the Principal Act is amended:
(a)
by omitting from subsection (1) “(1)(e)” and substituting “(1)(ca), (1)(e)”;
(b)
by inserting after subsection (1) the following subsection:
“(1A) The permit must specify the area in which the activity is to be carried on.”;
(c) by inserting after subsection (2) the following subsections:
“(2A) The Minister may not grant a permit authorising an activity to which Part 3 applies unless the Minister has, under that Part, authorised the proponent of the activity (within the meaning of that Part) to carry on the activity.
“(2B) The Minister may not grant a permit authorising a person to carry on an activity in a CEMP site unless a permit authorising the person to enter the site has been granted:
(a)
under regulations made under the Antarctic Marine Living Resources Conservation Act 1981; or
(b)
by another Contracting Party to the CAMLR Convention.”;
(d) by omitting subsection (6).
(2) Section 9 of the Principal Act is amended:
(a)
by inserting in subsection (1) “(1)(caa)” after “paragraphs”;
(b)
by omitting from subsection (1) “, (2)(f)”.
(3) Section 9 of the Principal Act is amended:
(a) by inserting in subsection (1) “, (1)(f)” after “(1)(e)”;

(b) by omitting from subsection (2) “Agreed Measures” and substituting “Madrid Protocol”.

Restrictions applicable to permits

13.(1) Section 10 of the Principal Act is amended:
(a)
by inserting in subparagraph (1)(a)(ii) “, the habitats essential to their existence” after “species”;
(b)
by omitting subparagraph (1)(b)(i) and substituting the following subparagraph:
“(i) the construction and operation of scientific support facilities; and”;
(c)
by inserting in subparagraph (1)(c)(ii) “or recovery of that species or of the local population” after “survival”;
(d)
by omitting subsection (2) and substituting the following subsections:
“(1A) A permit authorising a person to kill, take, injure or otherwise interfere with a native bird or mammal must specify as a condition of the permit that the bird or mammal is to be dealt with in the manner that involves the least degree of pain and suffering practicable.
“(1B) A permit must not authorise a person to gather, collect, endanger or otherwise interfere with a native plant unless:
(a)
the Minister is satisfied, after taking into account the number of native plants of any species that may be affected because of that permit and all other permits granted under section 9 or under corresponding laws, that the variety of species of native plants, the habitats essential to the existence of native animals and native plants, and the balance of the natural ecological systems, existing within the Antarctic will be maintained; and
(b)
the permit is so expressed as to ensure, as far as possible, that the activities authorised by the permit will be carried on to the extent only that they are necessary for:
(i) the construction and operation of scientific support facilities; and
(ii) providing specimens for scientific research, public education (including display in museums, herbaria, botanical gardens or other educational or cultural institutions) or such other educational or cultural purposes as the Minister thinks fit.
“(2) A permit must not authorise a person to bring into the Antarctic:
(a) a dog; or

(b) a live bird that is not indigenous to the Antarctic”;
(e)
by inserting in subsection (3) “(other than a dog or live bird)” after “animal”;
(f)
by omitting paragraph (4)(b) and substituting the following paragraph:
“(b) removed from the Antarctic or destroyed:
(i) if it has served its purpose before the permit ceases to be in force—as soon as possible after it has served its purpose; or
(ii) if subparagraph (i) does not apply—when the permit ceases to be in force.”;
(g) by omitting subsection (5) and substituting the following subsection:
“(5) A permit authorising a person to bring into the Antarctic animals or plants that are not indigenous to the Antarctic must:
(a) specify:
(i) the number of animals or plants to which the permit relates; and

(ii) the species of the animals or plants; and
(iii) if appropriate in the case of a permit relating to animals—the age and sex of each of the animals; and
(b) specify as a condition of the permit that the person must take all reasonable precautions to prevent any of the animals from escaping or any of the animals or plants from coming in contact with the native fauna or flora.”;
(h) by adding at the end of subsection (6) the following word and paragraph:
“; and (c) if there is a management plan for the area—the activity can be carried on in accordance with the management plan”.

(2)

The amendments made by subsection (1) do not apply in relation to a permit granted before the commencement of that subsection.

(3)
Section 10 of the Principal Act is amended:
(a) by adding at the end of subsection (1B) the following word and paragraph:
“; and (c) in the case of a permit relating to a specially protected species:
(i) the permit is granted for a compelling scientific purpose; and
(ii) the Minister is satisfied that the activities authorised by the permit will not jeopardise the existing ecological system

or the survival or recovery of that species or of the local population of plants of that species.”.
(b) by omitting from subsection (3) “the Agreed Measures” and substituting “Annex II to the Madrid Protocol”.

(4)

The amendments made by subsection (3) do not apply in relation to a permit granted before the commencement of that subsection.

(5)
Section 10 of the Principal Act is amended:
1. (a)
  by omitting from subsection (6) “a specially protected area” and substituting “an Antarctic specially protected area in respect of which a management plan has not been adopted”;
1. (b)
  by omitting from paragraph (6)(b) “and”;
2. (c)
  by omitting paragraph (6)(c);
3. (d)
  by adding at the end the following subsections:
  “(7) A permit must not authorise any activity to be carried on in an Antarctic specially protected area in respect of which a management plan has been adopted unless the activity can be carried on in accordance with the management plan.
  “(8) A permit authorising a person to carry on an activity in an Antarctic specially protected area must specify as a condition of the permit that the person must have the permit in his or her possession when the person is in the area.”.

(6) The amendments made by subsection (5) do not apply in relation to a permit granted before the commencement of that subsection.

Variation, suspension and revocation of permits

14. Section 11 of the Principal Act is amended by inserting after subsection (1) the following subsection:

“(1A) If the holder of a permit so requests in writing (giving reasons for the request), the Minister may, by notice in writing served as provided in subsection (1), vary the permit if the Minister is satisfied that:

(a)
the reasons given justify the variation; and
(b)
the permit if varied would not authorise any activity that is likely to affect adversely the conservation or protection of the fauna and flora of the Antarctic.”.

15. After section 12 of the Principal Act the following Part and heading are inserted:

PART 3—ENVIRONMENTAL IMPACT ASSESSMENT

Interpretation

“12A. In this Part, unless the contrary intention appears:

‘environment’ means the Antarctic environment and dependent and associated eco-systems.

Object of Part

“12B. The object of this Part is to provide for:
(a)
the assessment of proposed activities in the Antarctic to identify the impact that they are likely to have on the environment; and
(b)
the regulation of activities that are likely to have an adverse impact on the environment.

Part does not apply to certain activities

“12C.(1) The Minister may determine in writing that this Part does not apply to activities of a kind specified in the determination if the Minister is satisfied that, because of their nature, those activities are likely to have no more than a negligible impact on the Antarctic environment.

“(2) This Part does not apply to:
(a)
any mining activity; and
(b)
any activity of a kind specified in a determination under subsection (1).

Preliminary assessment of likely impact of activity on Antarctic environment

“12D.(1) If, after the commencement of this Part:
(a)
a person or organisation proposes to carry on an activity in the Territory; or
(b)
a person or organisation in relation to whom this Act applies outside Australia proposes to carry on an activity in an area of the Antarctic other than the Territory;

the person or organisation proposing to carry on the activity (the ‘proponent of the activity’) must:

(c)
make, or cause to be made, a preliminary assessment of the impact (if any) that the activity is likely to have on the environment; and
(d)
give a written report of the assessment to the Minister.
“(2) If:
(a) after the commencement of this Part, a change is proposed, or occurs, in an activity (‘original activity’) that was being carried on immediately before the commencement of this Part; or

(b) a change is proposed, or occurs, in an activity (‘original activity’) that is authorised to be carried on under this Part;

the activity as proposed to be changed, or as changed, is to be treated, for the purposes of subsection (1), as being a new activity (different from the original activity) that a person or organisation proposes to carry on.

Preliminary determination of likely impact of activity

“12E. After considering the preliminary assessment, the Minister must:

(a) determine whether the activity is likely to have:
(i) more than a minor or transitory impact; or
(ii) a minor or transitory impact; or
(iii) no more than a negligible impact;
on the environment; and
(b) inform the proponent of the activity in writing of his or her decision.

Activity to proceed if impact negligible

“12F.(1) If the Minister determines that the activity is likely to have no more than a negligible impact on the environment, the Minister must, by notice in writing, authorise the proponent of the activity to carry on the activity.

“(2) The authorisation may be given subject to the conditions specified in the notice being complied with.

Initial environmental evaluation

“12G.(1) If the Minister determines that the activity is likely to have a minor or transitory impact on the environment, the proponent of the activity must prepare or cause to be prepared, and give to the Minister, an initial environmental evaluation in respect of the activity.

“(2) An initial environmental evaluation in respect of an activity is a written report that:

(a)
contains (but is not limited to) the matters that under the regulations are required to be included in the evaluation; and
(b)
assesses the impact that the activity is likely to have on the environment in a manner that allows for a reasoned conclusion to be reached whether the activity is to have:
(i) a minor or transitory impact; or
(ii) more than a minor or transitory impact;
on the environment; and
(c) if the assessment indicates that the impact on the environment is likely to be minor or transitory—makes recommendations as

to the measures considered necessary for assessing and verifying any impact on the environment.

“(3) If, after considering the initial environmental evaluation, the Minister is of the view that additional information is required to make a determination under section 12H, or to impose conditions on the giving of an authorisation under section 12J, the Minister may request in writing the proponent of the activity to submit a revised evaluation that contains the additional information required.

Determination of likely impact of activity based on initial environmental evaluation

“12H. After considering the initial environmental evaluation of the revised initial environmental evaluation (as the case may be), the Minister must determine whether the activity is likely to have:

(a)
a minor or transitory impact; or
(b)
more than a minor or transitory impact;

on the environment.

Authorisation of activity likely to have minor etc. impact on environment

“12J.(1) If the Minister determines that the activity is likely to have a minor or transitory impact on the environment, the Minister must, by notice in writing, authorise the proponent of the activity to carry on the activity.

“(2) The authorisation may be given subject to the conditions specified in the notice being complied with, being conditions imposed to ensure that the activity is carried on in a manner that is consistent with the basic environmental principles.

“(3) The conditions must include (but are not limited to) conditions requiring that specified procedures aimed at assessing, verifying and limiting the impact of the activity on the environment are complied with.

“(4) The authorisation is also subject to any prescribed condition.

Comprehensive environmental evaluation

“12K.(1) If the Minister determines under section 12E or 12H that the activity is likely to have more than a minor or transitory impact on the environment, the proponent of the activity must prepare or cause to be prepared, and give to the Minister:

(a)
a draft comprehensive environmental evaluation in relation to the activity; and
(b)
after the procedures provided for in the regulations for dealing with a draft comprehensive environmental evaluation have been

complied with—a final comprehensive environmental evaluation in relation to the activity.

“(2) A draft comprehensive environmental evaluation and a final comprehensive environmental evaluation are reports that each:

(a)
contain (but are not limited to) the matters that under the regulations are to be included in an evaluation of that kind; and
(b)
make a comprehensive assessment of the impact that the activity is likely to have on the environment; and
(c)
make recommendations as to the measures (if any) considered necessary for assessing and verifying any impact on the environment.

“(3) The regulations may provide for the procedures to be followed by the Minister in dealing with:

(a)
a draft comprehensive environmental evaluation; and
(b)
a final comprehensive environmental evaluation;

received by the Minister under this section.

Authorisation of activity likely to have more than minor etc. impact on environment

“12L.(1) After dealing with the final comprehensive environmental evaluation in relation to the activity as required under the regulations, the Minister must decide whether or not to authorise the carrying on of the activity.

“(2) If, having regard to the contents of the final comprehensive environmental evaluation and any other relevant consideration, the Minister is satisfied that the activity, either as proposed or with certain modifications, can be carried on in a manner consistent with the basic environmental principles, the Minister must, by notice published in the Gazette, authorise the proponent of the activity to carry on the activity as proposed or modified.

“(3) The authorisation may be given subject to the conditions specified in the notice being complied with, being conditions imposed to ensure that the activity is carried on in a manner that is consistent with the basic environmental principles.

“(4) The authorisation is also subject to any prescribed condition.

“(5) If the Minister is not satisfied as provided in subsection (2), the Minister must not authorise the carrying on of the activity.

“(6) A decision not to approve the activity must:
(a)
be notified in the Gazette; and
(b)
give the reasons for the decision.

Notice of authorisation

“12M.(1) A notice of authorisation given under section 12F, 12J or 12L must describe the activity that is authorised.

“(2) A notice may specify that the authorisation extends to the persons who are to carry on the activity on behalf of, or under the control, of the proponent of the activity.

Variation, suspension and revocation of authorisation

“12N.(1) The Minister may, by notice given in accordance with the regulations, vary an authorisation to carry on an activity given under this Part if the Minister is satisfied that it is necessary to do so to act consistently with the basic environmental principles.

“(2) If the person authorised to carry on an activity so requests in writing (giving reasons for the request) the Minister may, by notice given in accordance with the regulations, vary the authorisation if the Minister is satisfied that:

(a)
the reasons given justify the variation; and
(b)
it would not be inconsistent with the basic environmental principles to vary the authorisation as requested.

“(3) The Minister may, by notice given in accordance with the regulations, vary, suspend or revoke an authorisation to carry on an activity given under this Part if the Minister is satisfied:

(a)
that a condition subject to which the authorisation was given has not been, or is not being, complied with; or
(b)
it is necessary to do so to act consistently with the basic environmental principles.

“(4) Subject to subsection (5), an authorisation remains suspended for such period (not exceeding 90 days) as is specified in the notice of suspension.

“(5) If proceedings for an offence relating to the carrying on of an activity authorised under this Part are started during a period when the authorisation is suspended, the suspension may be continued until the proceedings (including any appeal) are completed.

Variation etc. of conditions

“12P. If an authorisation under this Part has been given subject to conditions specified in the notice of authorisation, the Minister may, by notice given in accordance with the regulations, vary or revoke any of those conditions or impose further conditions.

Monitoring of activities

“12Q. The regulations may provide for the monitoring of activities authorised under this Part:

(a)
to find out whether the activities are carried on in accordance with the authorisation; or
(b)
to assess their impact on the environment.

“PART 4—INSPECTORS”.

Insertion of new heading

16. After section 18 of the Principal Act the following heading is inserted:

“PART 5—OFFENCES”.

Offences relating to the environment

17.(1) Section 19 of the Principal Act is amended:
(a) by inserting in paragraph (1)(a) “, a native invertebrate” after “bird”;
(b) by inserting after paragraph (1)(c) the following paragraphs:
“(ca) bring into, or keep in, the Antarctic:
(i) non-sterile soil; or
(ii) polychlorinated biphenyls; or
(iii) polystyrene beads or chips or any similar kind of packaging material; or
“(cb) bring into, or keep in, the Antarctic any pesticide;”;
(c)
by omitting from paragraph (2)(a) “fly” and substituting “use”;
(d)
by omitting paragraphs (2)(b), (c), (d) and (e) and substituting the following paragraphs:
“(b) use a vehicle or vessel in a manner that disturbs a concentration of birds;
(c)
use an explosive in a manner that disturbs a concentration of birds;
(d)
use a firearm in a manner that disturbs a concentration of birds;
(e)
while on foot, knowingly or recklessly disturb:
(i) a concentration of birds; or
(ii) a bird that is breeding or moulting;
(ea) carry on any activity that results in:
(i) the habitat of any species of native animal, native bird, native invertebrate or native plant; or

(ii) any population of native animals, native birds, native invertebrates or native plants;
being adversely modified to a significant extent;”;
(e) by omitting paragraph (3)(a) and substituting the following paragraph:
“(a) the action was done in an emergency:
(i) to save a person from death or serious injury; or
(ii) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or
(iii) to protect the environment;”;
(f)
by omitting from paragraph (3)(b) “domestic fowl” and substituting “bird”;
(g)
by inserting after paragraph (3)(b) the following paragraph:
“(ba) in the case of action of a kind referred to in paragraph (1)(cb)—the pesticide is to be used for scientific, medical or hygienic purposes;”;
(h) by inserting in paragraph (3)(c) “(1)(ca), (1)(cb),” after “paragraph”.
(2) Section 19 of the Principal Act is amended:
(a) by inserting after paragraph (1)(c) the following paragraph:
“(caa) keep a dog, or (being the owner of a dog) allow it to remain, in the Antarctic;
(b)
by omitting paragraph (2)(f);
(c)
by inserting in paragraph (3)(c) “(1)(caa),” after “paragraph”;
(d)
by omitting from paragraph (3)(c) “, (2)(f)”.

(3)

Section 19 of the Principal Act is amended by omitting from paragraph (3)(c) “in accordance with an authority of another Contracting Party” and substituting “a recognised foreign authority”.

(4)
Section 19 of the Principal Act is amended:
(a) by omitting paragraphs (1)(d) to (g) (inclusive) and substituting the following paragraphs:
“(d) enter, or carry on any other activity in, an Antarctic specially protected area;
(e) carry on any activity in an Antarctic specially managed area otherwise than as authorised by the plan of management relating to the area;
(f) cause any damage to or in an historic site;
(g) damage, remove or destroy an historic monument.”;
(b) by inserting in paragraph (3)(c) “, (1)(f)” after “(1)(e)”.

18. After section 19 of the Principal Act the following sections are inserted:

Prohibition against mining in the Territory

“19A. A person must not engage in a mining activity:
(a)
in the Territory; or
(b)
on any part of:
(i) the continental shelf of the Territory; or
(ii) the continental shelf of any of the islands known as Heard Island and McDonald Islands;
that is within the Antarctic.

Penalty: $100,000.

Prohibition against mining in the Antarctic

“19B. An Australian national must not engage in a mining activity in or on an area of the Antarctic other than:

(a)
the Territory; or
(b)
any area of continental shelf referred to in paragraph 19A(b).

Penalty: $100,000.

Prosecution of offences

“19C.(1) An offence against section 19A or 19B is an indictable offence.

“(2) Despite subsection (1), a court of summary jurisdiction, may hear and determine proceedings in respect of an offence against section 19A or 19B if satisfied that it is proper to do so and the defendant and the prosecutor consent.

“(3) If, under subsection (2), a court of summary jurisdiction convicts a person of an offence against section 19A or 19B, the penalty that the court may impose is a fine not exceeding:

(a)
in the case of an individual—$10,000; or
(b)
in the case of a body corporate—$50,000.”.

Furnishing information

19.(1) Section 21 of the Principal Act is amended by omitting from subsection (1) all words to and including “shall” and substituting the following words and paragraphs:

“A person who:

(a) in accordance with a permit or an authority of another Contracting Party:
(i) in the Antarctic gathers, collects, injures or otherwise interferes with any native plant; or
(ii) in the Antarctic kills, takes, injures or otherwise interferes with any native bird, native mammal or native invertebrate; or

(iii) enters, or carries on any other activity in, a specially protected area; or
(b) enters a site of special scientific interest or carries on any other activity on the site in accordance with the plan of management relating to the site;

must”.

(2) Section 21 of the Principal Act is amended:
(a)
by omitting from subparagraph (1)(a)(iii) “a specially” and substitute “an Antarctic specially”;
(b)
by omitting paragraph (1)(b).

20. After section 21 of the Principal Act the following section is inserted:

Unauthorised activities

“21A.(1) In this section:

‘activity’ means an activity to which Part 3 applies.

“(2) If a person knowingly or recklessly carries on an activity in the Antarctic without an authorisation of the Minister under Part 3, the person is guilty of an offence punishable on conviction by a fine not exceeding $100,000.

“(3) If:
(a)
the Minister authorised under Part 3 the carrying on of an activity in the Antarctic subject to a condition being complied with; and
(b)
a person knowingly or recklessly carries on the activity without the condition being complied with;

the person is guilty of an offence punishable on conviction by a fine not exceeding $100,000.

“(4) In a prosecution of a person for an offence against subsection (2) or (3), it is a defence if the person proves:

(a) that the activity was carried on in an emergency:
(i) to save a person from death or serious injury; or
(ii) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or

(iii) to protect the environment; or
(b) that the person was authorised to carry on the activity under a law of a Contracting Party.
“(5) An offence against subsection (2) or (3) is an indictable offence.

“(6) Despite subsection (5), a court of summary jurisdiction, may hear and determine proceedings in respect of an offence against

subsection (2) or (3) if satisfied that it is proper to do so and the defendant and the prosecutor consent.

“(7) If, under subsection (6), a court of summary jurisdiction convicts a person of an offence against subsection (2) or (3), the penalty that the court may impose is a fine not exceeding:

(a)
in the case of an individual—$10,000; or
(b)
in the case of a body corporate—$50,000.”.

Repeal of section

21. Section 24 of the Principal Act is repealed.

Insertion of new heading

22. Before section 25 of the Principal Act the following heading is inserted:

“PART 6—MISCELLANEOUS”.

23. Section 27 of the Principal Act is repealed and the following section is substituted:

Delegation

“27. The Minister may delegate to an officer of, or a person employed in, the Department all or any of his or her functions and powers under this Act other than:

(a)
a function under section 12L; or
(b)
the power under section 12N to vary, suspend or revoke an authorisation given under section 12L; or
(c)
the power under section 12P to vary or revoke any condition to an authorisation given under section 12L is subject.

Review of decisions

24. Section 28 of the Principal Act is amended by omitting from subsection (1) “or 12” and substituting “, 12, 12E, 12F, 12H, 12J, 12L, 12N or 12P”.

Regulations

25.(1) Section 29 of the Principal Act is amended:
(a) by adding at the end of subsection (1) the following word and paragraphs:
“; or (c) providing for the procedures to be followed in dealing with a comprehensive environmental evaluation received from a party to the Madrid Protocol in relation to an activity proposed to be carried on by the party in the Antarctic; or

(d) providing for:
(i) the management and disposal of waste in the Antarctic; or
(ii) the removal of waste from the Antarctic”;
(b) by inserting after paragraph (2)(a) the following paragraph:
“(ab) providing for the payment of a fee in the amount, or at the rate, fixed by or calculated under the regulations in respect of:
(i) the processing of an application for a permit; or
(ii) the grant of a permit; or
(iii) the processing of a preliminary assessment, an initial environmental evaluation or a comprehensive environmental evaluation under Part 3; or
(iv) the authorisation of an activity under Part 3;”.
(2) Section 29 of the Principal Act is amended:
(a)
by omitting from subparagraph (1)(a)(ii) “or the Agreed Measures”;
(b)
by omitting paragraphs (2)(d) and (e) and substituting the following paragraph:
“(d) regulating the conduct of persons in an Antarctic specially protected area or an Antarctic specially managed area;”.

Heading to Schedule

26. The heading to the Schedule to the Principal Act is omitted and the following heading is substituted:

“SCHEDULE 1”.

Further amendments

27. The Principal Act is amended as set out in Schedule 1.

Addition of Schedules

28. The Principal Act is amended by adding at the end the Schedules set out in Schedule 2.

PART 3—AMENDMENT OF THE ANTARCTIC MARINE LIVING RESOURCES CONSERVATION ACT 1981

Principal Act

29. In this Part, “Principal Act” means the Antarctic Marine Living Resources Conservation Act 19812.

Arrest without warrant

30. Section 15 of the Principal Act is amended by adding at the end the following subsection:

“(4) Nothing in this section prevents the arrest of a person under any other law.”.

PART 4—REPEAL OF ANTARCTIC MINING PROHIBITION ACT 1991

Repeal of Act

31. The Antarctic Mining Prohibition Act 1991 is repealed.

SCHEDULE 1 Section 27

FURTHER AMENDMENTS OF THE ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980

Subsection 7(1):

Omit “an authority of another Contracting Party”, substitute “a recognised foreign authority”.

Subsections 8(7) and (8):

Omit the subsections.

Subsection 12(2):

Omit “Agreed Measures”, substitute “Madrid Protocol”.

Subsection 17(8):

Omit “an authority of another Contracting Party”, substitute “a recognised foreign authority”.

Subsection 21(1):

Omit “an authority of another Contracting Party”, substitute “a recognised foreign authority”.

SCHEDULE 2 Section 28

SCHEDULES TO BE ADDED AT THE END OF THE ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980

SCHEDULE 2 Section 3

ENGLISH TEXT OF PARAGRAPHS 21, 31 AND 36 OF THE REPORT OF THE 1988 MEETING OF THE REPRESENTATIVES OF THE CONTRACTING PARTIES TO THE SEALS CONVENTION

21. Representatives, pursuant to paragraph 19(a) above, agreed to recommend for approval by their respective Governments, that the Annex be changed in the following way:

Section 1: for 1 July to 30 June read 1 March to the last day in February.
Section 6(a): for 31 October read 30 June and for 1 July to 30 June read 1 March to the last day in February.

31. Accordingly, they agreed on the text of the following amendment to the Annex (new paragraph 8) which they recommended to the Governments of Contracting Parties for their approval.

“8. Cooperation

The Contracting Parties to this Convention shall, as appropriate, cooperate and exchange information with the Contracting Parties to the other international instruments within the Antarctic Treaty System and their respective institutions.”

36. Representatives, noting that they agreed on the desirability of extending the protection afforded to Weddell seals to include pups during the breeding season, agreed to recommend to Governments the deletion in section 2 of the Annex of the words “one year old or older”.

SCHEDULE 2—continued

SCHEDULE 3 Section 3

PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY.

PREAMBLE

The States Parties to this Protocol to the Antarctic Treaty, hereinafter referred to as the Parties,

Convinced of the need to enhance the protection of the Antarctic environment and dependent and associated ecosystems;

Convinced of the need to strengthen the Antarctic Treaty system so as to ensure that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord;

Bearing in mind the special legal and political status of Antarctica and the special responsibility of the Antarctic Treaty Consultative Parties to ensure that all activities in Antarctica are consistent with the purposes and principles of the Antarctic Treaty;

Recalling the designation of Antarctica as a Special Conservation Area and other measures adopted under the Antarctic Treaty system to protect the Antarctic environment and dependent and associated ecosystems;

Acknowledging further the unique opportunities Antarctica offers for scientific monitoring of and research on processes of global as well as regional importance;

Reaffirming the conservation principles of the Convention on the Conservation of Antarctic Marine Living Resources;

Convinced that the development of a comprehensive regime for the protection of the Antarctic environment and dependent and associated ecosystems is in the interest of mankind as a whole;

Desiring to supplement the Antarctic Treaty to this end;

Have agreed as follows:

ARTICLE 1

DEFINITIONS

For the purposes of this Protocol:

(a)
“The Antarctic Treaty” means the Antarctic Treaty done at Washington on 1 December 1959;
(b)
“Antarctic Treaty area” means the area to which the provisions of the Antarctic Treaty apply in accordance with Article VI of that Treaty;

SCHEDULE 2—continued

(c)
“Antarctic Treaty Consultative Meetings” means the meetings referred to in Article IX of the Antarctic Treaty;
(d)
“Antarctic Treaty Consultative Parties” means the Contracting Parties to the Antarctic Treaty entitled to appoint representatives to participate in the meetings referred to in Article IX of that Treaty;
(e)
“Antarctic Treaty system” means the Antarctic Treaty, the measures in effect under that Treaty, its associated separate international instruments in force and the measures in effect under those instruments;
(f)
“Arbitral Tribunal” means the Arbitral Tribunal established in accordance with the Schedule to this Protocol, which forms an integral part thereof;
(g)
“Committee” means the Committee for Environmental Protection established in accordance with Article 11.

ARTICLE 2

OBJECTIVE AND DESIGNATION

The Parties commit themselves to the comprehensive protection of the Antarctic environment and dependent and associated ecosystems and hereby designate Antarctica as a natural reserve, devoted to peace and science.

ARTICLE 3

ENVIRONMENTAL PRINCIPLES

The protection of the Antarctic environment and dependent and associated ecosystems and the intrinsic value of Antarctica, including its wilderness and aesthetic values and its value as an area for the conduct of scientific research, in particular research essential to understanding the global environment, shall be fundamental considerations in the planning and conduct of all activities in the Antarctic Treaty area.

To this end:

(a)
activities in the Antarctic Treaty area shall be planned and conducted so as to limit adverse impacts on the Antarctic environment and dependent and associated ecosystems;
(b)
activities in the Antarctic Treaty area shall be planned and conducted so as to avoid:
(i) adverse effects on climate or weather patterns;
(ii) significant adverse effects on air or water quality;
(iii) significant changes in the atmospheric, terrestrial (including aquatic), glacial or marine environments;

SCHEDULE 2—continued

(iv) detrimental changes in the distribution, abundance or productivity of species or populations of species of fauna and flora;
(v) further jeopardy to endangered or threatened species or populations of such species; or
(vi) degradation of, or substantial risk to, areas of biological, scientific, historic, aesthetic or wilderness significance;
(c) activities in the Antarctic Treaty area shall be planned and conducted on the basis of information sufficient to allow prior assessments of, and informed judgments about, their possible impacts on the Antarctic environment and dependent and associated ecosystems and on the value of Antarctica for the conduct of scientific research; such judgments shall take full account of:
(i) the scope of the activity, including its area, duration and intensity;
(ii) the cumulative impacts of the activity, both by itself and in combination with other activities in the Antarctic Treaty area;
(iii) whether the activity will detrimentally affect any other activity in the Antarctic Treaty area;
(iv) whether technology and procedures are available to provide for environmentally safe operations;
(v) whether there exists the capacity to monitor key environmental parameters and ecosystem components so as to identify and provide early warning of any adverse effects of the activity and to provide for such modification of operating procedures as may be necessary in the light of the results of monitoring or increased knowledge of the Antarctic environment and dependent and associated ecosystems; and
(vi) whether there exists the capacity to respond promptly and effectively to accidents, particularly those with potential environmental effects;
(d)
regular and effective monitoring shall take place to allow assessment of the impacts of ongoing activities, including the verification of predicted impacts;
(e)
regular and effective monitoring shall take place to facilitate early detection of the possible unforeseen effects of activities carried on both within and outside the Antarctic Treaty area on the Antarctic environment and dependent and associated ecosystems.

3. Activities shall be planned and conducted in the Antarctic Treaty area so as to accord priority to scientific research and to preserve the

SCHEDULE 2—continued

value of Antarctica as an area for the conduct of such research, including research essential to understanding the global environment.

4. Activities undertaken in the Antarctic Treaty area pursuant to scientific research programmes, tourism and all other governmental and non-governmental activities in the Antarctic Treaty area for which advance notice is required in accordance with Article VII(5) of the Antarctic Treaty, including associated logistic support activities, shall:

(a)
take place in a manner consistent with the principles in this Article; and
(b)
be modified, suspended or cancelled if they result in or threaten to result in impacts upon the Antarctic environment or dependent or associated ecosystems inconsistent with those principles.

ARTICLE 4

RELATIONSHIP WITH THE OTHER COMPONENTS OF THE ANTARCTIC TREATY SYSTEM

This Protocol shall supplement the Antarctic Treaty and shall neither modify nor amend that Treaty.

Nothing in this Protocol shall derogate from the rights and obligations of the Parties to this Protocol under the other international instruments in force within the Antarctic Treaty system.

ARTICLE 5

CONSISTENCY WITH THE OTHER COMPONENTS OF THE ANTARCTIC TREATY SYSTEM

The Parties shall consult and co-operate with the Contracting Parties to the other international instruments in force within the Antarctic Treaty system and their respective institutions with a view to ensuring the achievement of the objectives and principles of this Protocol and avoiding any interference with the achievement of the objectives and principles of those instruments or any inconsistency between the implementation of those instruments and of this Protocol.

ARTICLE 6

CO-OPERATION

1. The Parties shall co-operate in the planning and conduct of activities in the Antarctic Treaty area. To this end, each Party shall endeavour to:

(a) promote co-operative programmes of scientific, technical and educational value, concerning the protection of the Antarctic environment and dependent and associated ecosystems;

SCHEDULE 2—continued

(b)
provide appropriate assistance to other Parties in the preparation of environmental impact assessments;
(c)
provide to other Parties upon request information relevant to any potential environmental risk and assistance to minimize the effects of accidents which may damage the Antarctic environment or dependent and associated ecosystems;
(d)
consult with other Parties with regard to the choice of sites for prospective stations and other facilities so as to avoid the cumulative impacts caused by their excessive concentration in any location;
(e)
where appropriate, undertake joint expeditions and share the use of stations and other facilities; and
(f)
carry out such steps as may be agreed upon at Antarctic Treaty Consultative Meetings.

Each Party undertakes, to the extent possible, to share information that may be helpful to other Parties in planning and conducting their activities in the Antarctic Treaty area, with a view to the protection of the Antarctic environment and dependent and associated ecosystems.

The Parties shall co-operate with those Parties which may exercise jurisdiction in areas adjacent to the Antarctic Treaty area with a view to ensuring that activities in the Antarctic Treaty area do not have adverse environmental impacts on those areas.

ARTICLE 7

PROHIBITION OF MINERAL RESOURCE ACTIVITIES

Any activity relating to mineral resources, other than scientific research, shall be prohibited.

ARTICLE 8

ENVIRONMENTAL IMPACT ASSESSMENT

1. Proposed activities referred to in paragraph 2 below shall be subject to the procedures set out in Annex I for prior assessment of the impacts of those activities on the Antarctic environment or on dependent or associated ecosystems according to whether those activities are identified as having:

(a)
less than a minor or transitory impact;
(b)
a minor or transitory impact; or
(c)
more than a minor or transitory impact.

2. Each Party shall ensure that the assessment procedures set out in Annex I are applied in the planning processes leading to decisions about any activities undertaken in the Antarctic Treaty area pursuant to scientific research programmes, tourism and all other governmental

SCHEDULE 2— continued

and non-governmental activities in the Antarctic Treaty area for which advance notice is required under Article VII(5) of the Antarctic Treaty, including associated logistic support activities.

The assessment procedures set out in Annex I shall apply to any change in an activity whether the change arises from an increase or decrease in the intensity of an existing activity, from the addition of an activity, the decommissioning of a facility, or otherwise.

Where activities are planned jointly by more than one Party, the Parties involved shall nominate one of their number to coordinate the implementation of the environmental impact assessment procedures set out in Annex I.

ARTICLE 9

ANNEXES

The Annexes to this Protocol shall form an integral part thereof.

Annexes, additional to Annexes I-IV, may be adopted and become effective in accordance with Article IX of the Antarctic Treaty.

Amendments and modifications to Annexes may be adopted and become effective in accordance with Article IX of the Antarctic Treaty, provided that any Annex may itself make provision for amendments and modifications to become effective on an accelerated basis.

Annexes and any amendments and modifications thereto which have become effective in accordance with paragraphs 2 and 3 above shall, unless an Annex itself provides otherwise in respect of the entry into effect of any amendment or modification thereto, become effective for a Contracting Party to the Antarctic Treaty which is not an Antarctic Treaty Consultative Party, or which was not an Antarctic Treaty Consultative Party at the time of the adoption, when notice of approval of that Contracting Party has been received by the Depositary.

Annexes shall, except to the extent that an Annex provides otherwise, be subject to the procedures for dispute settlement set out in Articles 18 to 20.

ARTICLE 10

ANTARCTIC TREATY CONSULTATIVE MEETINGS

1. Antarctic Treaty Consultative Meetings shall, drawing upon the best scientific and technical advice available:

(a)
define, in accordance with the provisions of this Protocol, the general policy for the comprehensive protection of the Antarctic environment and dependent and associated ecosystems; and
(b)
adopt measures under Article IX of the Antarctic Treaty for the implementation of this Protocol.

SCHEDULE 2—continued

2. Antarctic Treaty Consultative Meetings shall review the work of the Committee and shall draw fully upon its advice and recommendations in carrying out the tasks referred to in paragraph 1 above, as well as upon the advice of the Scientific Committee on Antarctic Research.

ARTICLE 11

COMMITTEE FOR ENVIRONMENTAL PROTECTION

There is hereby established the Committee for Environmental Protection.

Each Party shall be entitled to be a member of the Committee and to appoint a representative who may be accompanied by experts and advisers.

Observer status in the Committtee shall be open to any Contracting Party to the Antarctic Treaty which is not a Party to this Protocol.

The Committee shall invite the President of the Scientific Committee on Antarctic Research and the Chairman of the Scientific Committee for the Conservation of Antarctic Marine Living Resources to participate as observers at its sessions. The Committee may also, with the approval of the Antarctic Treaty Consultative Meeting, invite such other relevant scientific, environmental and technical organisations which can contribute to its work to participate as observers at its sessions.

The Committee shall present a report on each of its sessions to the Antarctic Treaty Consultative Meeting. The report shall cover all matters considered at the session and shall reflect the views expressed. The report shall be circulated to the Parties and to observers attending the session, and shall thereupon be made publicly available.

The Committee shall adopt its rules of procedure which shall be subject to approval by the Antarctic Treaty Consultative Meeting.

ARTICLE 12

FUNCTIONS OF THE COMMITTEE

1. The functions of the Committee shall be to provide advice and formulate recommendations to the Parties in connection with the implementation of this Protocol, including the operation of its Annexes, for consideration at Antarctic Treaty Consultative Meetings, and to perform such other functions as may be referred to it by the Antarctic Treaty Consultative Meetings. In particular, it shall provide advice on:

(ii) activities which are or may be conducted within the area, including restrictions on time and place;
(iii) the installation, modification, or removal of structures;
(iv) the location of field camps;
(v) restrictions on materials and organisms which may be brought into the area;
(vi) the taking of or harmful interference with native flora and fauna;
(vii) the collection or removal of anything not brought into the area by the permit-holder;
(viii) the disposal of waste;
(ix) measures that may be necessary to ensure that the aims and objectives of the Management Plan can continue to be met; and

SCHEDULE 2—continued

(x) requirements for reports to be made to the appropriate authority regarding visits to the area;
(j) in respect of an area proposed for designation as an Antarctic Specially Managed Area, a code of conduct regarding:
(i) access to and movement within or over the area;
(ii) activities which are or may be conducted within the area, including restrictions on time and place;
(iii) the installation, modification, or removal of structures;
(iv) the location of field camps;
(v) the taking of or harmful interference with native flora and fauna;
(vi) the collection or removal of anything not brought into the area by the visitor;
(vii) the disposal of waste; and
(viii) any requirements for reports to be made to the appropriate authority regarding visits to the area; and
(k) provisions relating to the circumstances in which Parties should seek to exchange information in advance of activities which they propose to conduct.

ARTICLE 6

DESIGNATION PROCEDURES

Proposed Management Plans shall be forwarded to the Committee, the Scientific Committee on Antarctic Research and, as appropriate, to the Commission for the Conservation of Antarctic Marine Living Resources. In formulating its advice to the Antarctic Treaty Consultative Meeting, the Committee shall take into account any comments provided by the Scientific Committee on Antarctic Research and, as appropriate, by the Commission for the Conservation of Antarctic Marine Living Resources. Thereafter Management Plans may be approved by the Antarctic Treaty Consultative Parties by a measure adopted at an Antarctic Treaty Consultative Meeting in accordance with Article IX(1) of the Antarctic Treaty. Unless the measure specifies otherwise, the Plan shall be deemed to have been approved 90 days after the close of the Antarctic Treaty Consultative Meeting at which it was adopted, unless one or more of the Consultative Parties notifies the depositary, within that time period, that it wishes an extension of that period or is unable to approve the measure.

Having regard to the provisions of Articles 4 and 5 of the Protocol, no marine area shall be designated as an Antarctic Specially Protected Area or an Antarctic Specially Managed Area without the prior approval

SCHEDULE 2—continued

of the Commission for the Conservation of Antarctic Marine Living Resources.

Designation of an Antarctic Specially Protected Area or an Antarctic Specially Managed Area shall be for an indefinite period unless the Management Plan provides otherwise. A review of a Management Plan shall be initiated at least every five years. The Plan shall be updated as necessary.

Management Plans may be amended or revoked in accordance with paragraph 1 above.

Upon approval Management Plans shall be circulated promptly by the Depositary to all Parties. The Depositary shall maintain a record of all currently approved Management Plans.

ARTICLE 7

PERMITS

Each Party shall appoint an appropriate authority to issue permits to enter or engage in activities within an Antarctic Specially Protected Area in accordance with the requirements of the Management Plan relating to that Area. The permit shall be accompanied by the relevant sections of the Management Plan and shall specify the extent and location of the Area, the authorised activities and when, where and by whom the activities are authorised and any other conditions imposed by the Management Plan.

In the case of a Specially Protected Area designated as such by past Antarctic Treaty Consultative Meetings which does not have a Management Plan, the appropriate authority may issue a permit for a compelling scientific purpose which cannot be served elsewhere and which will not jeopardise the natural ecological system in that Area.

Each Party shall require a permit-holder to carry a copy of the permit while in the Antarctic Specially Protected Area concerned.

ARTICLE 8

HISTORIC SITES AND MONUMENTS

Sites or monuments of recognised historic value which have been designated as Antarctic Specially Protected Areas or Antarctic Specially Managed Areas, or which are located within such Areas, shall be listed as Historic Sites and Monuments.

Any Party may propose a site or monument of recognised historic value which has not been designated as an Antarctic Specially Protected Area or an Antarctic Specially Managed Area, or which is not located within such an Area, for listing as a Historic Site or Monument. The

SCHEDULE 2— continued

proposal for listing may be approved by the Antarctic Treaty Consultative Parties by a measure adopted at an Antarctic Treaty Consultative Meeting in accordance with Article IX(1) of the Antarctic Treaty. Unless the measure specifies otherwise, the proposal shall be deemed to have been approved 90 days after the close of the Antarctic Treaty Consultative Meeting at which it was adopted, unless one or more of the Consultative Parties notifies the Depositary, within that time period, that it wishes an extension of that period or is unable to approve the measure.

Existing Historic Sites and Monuments which have been listed as such by previous Antarctic Treaty Consultative Meetings shall be included in the list of Historic Sites and Monuments under this Article.

Listed Historic Sites and Monuments shall not be damaged, removed or destroyed.

The list of Historic Sites and Monuments may be amended in accordance with paragraph 2 above. The Depositary shall maintain a list of current Historic Sites and Monuments.

ARTICLE 9

INFORMATION AND PUBLICITY

1. With a view to ensuring that all persons visiting or proposing to visit Antarctica understand and observe the provisions of this Annex, each Party shall make available information setting forth, in particular:

(a)
the location of Antarctic Specially Protected Areas and Antarctic Specially Managed Areas;
(b)
listing and maps of those Areas;
(c)
the Management Plans, including listings of prohibitions relevant to each Area;
(d)
the location of Historic Sites and Monuments and any relevant prohibition or restriction.

Each Party shall ensure that the location and, if possible, the limits, of Antarctic Specially Protected Areas, Antarctic Specially Managed Areas and Historic Sites and Monuments are shown on its topographic maps, hydrographic charts and in other relevant publications.

Parties shall co-operate to ensure that, where appropriate, the boundaries of Antarctic Specially Protected Areas, Antarctic Specially Managed Areas and Historic Sites and Monuments are suitably marked on the site.

SCHEDULE 2—continued

ARTICLE 10

EXCHANGE OF INFORMATION

1. The Parties shall make arrangements for:

(a)
collecting and exchanging records, including records of permits and reports of visits, including inspection visits, to Antarctic Specially Protected Areas and reports of inspection visits to Antarctic Specially Managed Areas;
(b)
obtaining and exchanging information on any significant change or damage to any Antarctic Specially Managed Area, Antarctic Specially Protected Area or Historic Site or Monument; and
(c)
establishing common forms in which records and information shall be submitted by Parties in accordance with paragraph 2 below.

Each Party shall inform the other Parties and the Committee before the end of November of each year of the number and nature of permits issued under this Annex in the preceding period of 1st July to 30th June.

Each Party conducting, funding or authorising research or other activities in Antarctic Specially Protected Areas or Antarctic Specially Managed Areas shall maintain a record of such activities and in the annual exchange of information in accordance with the Treaty shall provide summary descriptions of the activities conducted by persons subject to its jurisdiction in such areas in the preceding year.

Each Party shall inform the other Parties and the Committee before the end of November each year of measures it has taken to implement this Annex, including any site inspections and any steps it has taken to address instances of activities in contravention of the provisions of the approved Management Plan for an Antarctic Specially Protected Area or Antarctic Specially Managed Area.

ARTICLE 11

CASES OF EMERGENCY

The restrictions laid down and authorised by this Annex shall not apply in cases of emergency involving safety of human life or of ships, aircraft, or equipment and facilities of high value or the protection of the environment.

Notice of activities undertaken in cases of emergency shall be circulated immediately to all Parties and to the Committee.

SCHEDULE 2—continued

ARTICLE 12

AMENDMENT OR MODIFICATION

This Annex may be amended or modified by a measure adopted in accordance with Article IX(1) of the Antarctic Treaty. Unless the measure specifies otherwise, the amendment or modification shall be deemed to have been approved, and shall become effective, one year after the close of the Antarctic Treaty Consultative Meeting at which it was adopted, unless one or more of the Antarctic Treaty Consultative Parties notifies the Depositary, within that time period, that it wishes an extension of that period or that it is unable to approve the measure.

Any amendment or modification of this Annex which becomes effective in accordance with paragraph 1 above shall thereafter become effective as to any other Party when notice of approval by it has been received by the Depositary.

NOTES

1.
No. 103, 1980, as amended. For previous amendments, see No. 65, 1985; No. 76, 1986; and No. 63, 1988.

No. 30, 1981, as amended. For previous amendments, see No. 163, 1991.

[Minister’s second reading speech made in—

House of Representatives on 14 October 1992
Senate on 9 November 1992