Antarctic Treaty (Environment Protection) Act 1980 (Cth)
This is a compilation of the
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
WHEREAS Australia is a Party to the Convention for the Conservation of Antarctic Seals:
AND WHEREAS it is desirable to make provision for giving effect to that Convention:
AND WHEREAS Australia is a party to the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty:
AND WHEREAS it is desirable to make provision for giving effect to that Treaty and Protocol:
AND WHEREAS it is desirable to make other provision relating to the protection of the environment in the Antarctic:
BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
This Act may be cited as the
Antarctic Treaty (Environment Protection) Act 1980 .
(1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sections 16 to 21 (inclusive) shall come into operation on the expiration of 6 months after the day on which this Act receives the Royal Assent.
(1) In this Act, unless the contrary intention appears:
aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
animal includes:
(a) a native bird, a native invertebrate and a native seal; and
(b) an egg, part of an egg and an eggshell; and
(c) a dead animal and part of a dead animal (but not something manufactured from a dead animal or from part of a dead animal).
another Contracting Party means a Contracting Party to the Treaty other than Australia.
Antarctic means the area south of 60° south latitude, including all ice shelves in the area.
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.
article includes a substance or a mixture of substances.
Australia includes all the Territories.
Australian expedition means an expedition organized by one or more of any of the following:
(a) an Australian organization;
(b) an Australian citizen;
(c) a person resident or domiciled in Australia.
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.
Australian organization means:
(a) a corporation that is incorporated in Australia or whose activities are carried on principally in Australia; or
(b) an unincorporated body or association the majority of whose members are Australian citizens or domiciled in Australia.
Australian property means property that:
(a) in the case of an aircraft or vessel—is in Australian control or is registered under regulations made under the
Civil Aviation Act 1988 or, as the case may be, registered in Australia under an Act or Imperial Act relating to the registration of ships that is applicable throughout the whole of Australia (not being an Act or Imperial Act relating to the registration of ships for a particular purpose or purposes only); or(b) in any other case—is in Australian control.
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 theAntarctic 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.
civil penalty order has the meaning given by subsection 22(4).
civil penalty provision : a provision of this Act is acivil penalty provision if:
(a) the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; and
(b) the provision is a subsection, or a section that is not divided into subsections.
collect , in relation to a native plant, includes severing, or applying any substance harmful to, the plant.
contravention , in relation to a provision, includes a failure to comply with that provision.
corresponding law means a law of another Contracting Party, as in force for the time being, giving effect to the Treaty or the Madrid Protocol.
Court means:
(a) the Federal Court of Australia; or
(b) the Federal Circuit and Family Court of Australia (Division 2); or
(c) the Supreme Court of a State or Territory; or
(d) a District, County or Local Court of a State or Territory; or
(e) a Magistrates Court of a State or Territory.
disturb an animal means cause a change in the animal’s behaviour otherwise than by physical contact with the animal.
drive , in relation to an aircraft, means to cause the aircraft to travel on land or water.
evidential burden , in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
foreign means of or pertaining to a country other than Australia.
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.
ice includes snow.
in Australian control means in the control or possession of one or more of any of the following:
(a) the Commonwealth (including an arm of the Defence Force) or a State or Territory;
(b) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory;
(c) a company or other body corporate incorporated under a law of a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest;
(d) a person who, or persons each of whom, is a person to whom this Act applies by virtue of paragraph 4(1)(b).
indigenous to the Antarctic includes occurring in the Antarctic through natural agencies of dispersal.
inspector means:
(a) a person appointed as an inspector under section 13; or
(b) a person referred to in section 14.
interfere has a meaning affected by subsection (7).
land :
(a) when used as a verb in relation to an aircraft, includes to cause the aircraft to alight on water; and
(b) when used as a noun, includes ice.
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.
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.
native bird means:
(a) a member, at any stage of its life cycle (including an egg, part of an egg and an eggshell), of any species of bird that is indigenous to the Antarctic; or
(b) a dead bird, or any part of a dead bird, of any species referred to in paragraph (a).
native invertebrate means any terrestrial or fresh water invertebrate, at any stage of its life cycle, indigenous to the Antarctic.
native plant means any kind of vegetation, at any stage of its life cycle (including seeds), indigenous to the Antarctic.
native seal means:
(a) a member, at any stage of its life cycle, of any species of seal that is indigenous to the Antarctic; or
(b) a dead seal, or any part of a dead seal, of a species mentioned in paragraph (a).
organism includes:
(a) a living organism at any stage of its life cycle; and
(b) an organism that was once alive, but is now dead; and
(c) a reproductive propagule of a living organism; and
(d) an article containing or infected by a virus or bacterium.
permit means a permit in force under Part 2 of this Act.
plant includes a native plant.
property means property of any description and, without limiting the generality of the foregoing, includes aircraft and vessels.
recognised foreign authority means a permit, authority or arrangement that:
(a) authorises the carrying on of an activity in the Antarctic; and
(b) either:
(i) 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; or
(ii) has been issued, given or made by a Party (other than Australia) to the Seals Convention that has accepted under that Convention the same obligations as Australia in relation to the carrying on of that activity in the Antarctic.
Seals Convention means the Convention for the Conservation of Antarctic Seals (a copy of the English text of which is set out in 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.
specially protected species means a specially protected species of native seal, native bird, native invertebrate or native plant declared under section 7C.
take :
(a) in relation to a native bird or native seal—includes catch or capture; and
(b) in relation to native plants—means to remove or damage such quantities of the plants that their local distribution or abundance would be significantly affected; and
(c) in relation to native invertebrates—means to remove or damage such quantities of the invertebrates that their local distribution or abundance would be significantly affected.
Territory means the Australian Antarctic Territory.
this Act includes the regulations.
Treaty means the Antarctic Treaty set out in the Schedule to theAntarctic Treaty Act 1960 , including any modification or amendment of that Treaty made after the commencement of this section and for the time being in force as to Australia.
vehicle includes a hovercraft.
vessel means a vessel or boat of any description and includes any floating structure, but does not include a hovercraft.
(3) A reference in this Act to an offence shall be read as including a reference to an offence against section 6 of the
Crimes Act 1914 , or against section 11.1, 11.4 or 11.5 of theCriminal Code , in relation to this Act.(4) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police.
(5) Except so far as the contrary intention appears, an expression that is used in both this Act and either the Treaty or the Madrid Protocol (whether or not a particular meaning is assigned to it by the Treaty or the Protocol) has, in this Act, the same meaning as in the Treaty or the Protocol, as the case may be.
(6) Except so far as the contrary intention appears, an expression that is used in both this Act and in the Seals Convention (whether or not a particular meaning is assigned to it by that Convention) has, in this Act, the same meaning as in the Convention.
(7) A reference in this Act to otherwise interfering with, or causing other interference with, an animal does not include a reference to disturbing the animal.
Note:
Disturb is defined in subsection (1).
(1) Subject to subsection 4(1) of the
Antarctic Treaty Act 1960 :
(a) this Act applies in the Territory in relation to any persons and property, including foreign persons and property; and
(b) this Act applies outside Australia in relation to:
(i) Australian citizens;
(ii) Australian expeditions and members of Australian expeditions;
(iii) Australian organizations;
(iv) members of the crew (including persons in charge) of aircraft, vessels or vehicles that are Australian property; and
(v) Australian property.
(2) This Act has effect subject to:
(a) the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and
(b) any law of the Commonwealth giving effect to such an agreement.
This Act extends to every external Territory.
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
Chapter 2 of the
Criminal Code applies to all offences against this Act.Note: Chapter 2 of the
Criminal Code sets out the general principles of criminal responsibility.
(1) This section applies if a provision of this Act declares that a person contravening another provision of this Act (the
conduct rule provision ):
(a) commits an offence; or
(b) is liable for a civil penalty.
(2) For the purposes of this Act, the person is taken to contravene the offence or the civil penalty provision (as the case requires) if the person contravenes the conduct rule provision.
(1) Notwithstanding any other law, but subject to the regulations, no action or proceeding lies against any person for or in relation to anything done by that person to the extent that it is authorized by a permit or by a recognised foreign authority.
(2) Where a provision of Division 4 of Part 15 of the
Environment Protection and Biodiversity Conservation Act 1999 is inconsistent with a provision of this Act, then, except as otherwise specifically provided by a provision of that or any other Act coming into operation after the commencement of this Act, the latter prevails, and the former has, to the extent of the inconsistency, no effect, but, subject to subsection (1), provisions shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.(3) Subject to paragraph 4(2)(b), where regulations made for the purposes of section 356 of the
Environment Protection and Biodiversity Conservation Act 1999 are inconsistent with regulations made under this Act, the latter prevail, and the former have, to the extent of the inconsistency, no effect, but, subject to subsection (1), regulations shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.(4) A provision of the regulations regulating or prohibiting the flying of aircraft over a specified area of the Antarctic does not have any force or effect to the extent to which it is inconsistent with a law of the Commonwealth or a corresponding law, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law to the extent that it is capable of operating concurrently with that law.
(5) A law of the Territory has effect to the extent to which it is not inconsistent with a provision of the regulations, but such a law shall not be taken for the purposes of this subsection to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision.
(6) In this section,
this Act does not include the regulations.
In exercising powers and performing duties under this Act, the Minister must act in a manner that is consistent with the basic environmental principles.
(1) Subject to subsection (2), if a species of native seal, native bird, native invertebrate 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 seal 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).
(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.
(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.
(1) On application to the Minister in the prescribed form (or, if no form is prescribed, in a form approved by the Minister), the Minister may grant a person a permit in writing authorising the person, and any other person named in the permit, to carry on, during a specified period, one or more of the activities specified in the permit.
(1AA) The activities that may be authorised by a permit are the following:
(a) an activity that has a result mentioned in paragraph 19(1A)(b);
(b) an activity mentioned in paragraph 19(1)(b);
(c) an activity mentioned in paragraph 19(1)(c);
(d) an activity mentioned in paragraph 19(1)(d);
(e) an activity mentioned in subsection 19(2) (other than paragraph (g));
(f) an activity mentioned in paragraphs 19AA(1)(a) and (b);
(g) an activity mentioned in paragraph 19AA(2)(a), if the rock or meteorite is to be gathered or collected in the Antarctic;
(h) an activity mentioned in paragraph 19AB(a), if the seal, bird or plant is a native seal, native bird or native plant.
(1AB) Subsection (1) is subject to this section and to section 10.
(1AC) The Minister may grant a permit under subsection (1) subject to such conditions as the Minister thinks fit.
(1A) The permit must specify the area in which the activity is to be carried on.
(2) In deciding whether to grant a permit, and in determining the conditions and limitations to which a permit is to be subject, the Minister must have regard to:
(a) the purposes and principles of the Madrid Protocol; and
(b) if the decision could affect a seal in seas to which the Seals Convention applies—the purposes and principles of the Seals Convention.
(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.
(3) An application made under subsection (1) by an expedition or organization shall specify:
(a) in the case of an expedition—every member of the expedition; or
(b) in the case of an organization—every person authorized by the organization to act on its behalf;
and the permit may be expressed to apply to all those members or persons or to such of them as are specified in the permit.
(4) Where, subsequent to the grant of a permit to an organization, the persons authorized to act on behalf of the organization include a person or persons not referred to in subsection (3), the organization shall forthwith inform the Minister accordingly, and the Minister may, by notice in writing to the organization, extend or refuse to extend the application of the permit to that person or those persons.
(5) The Minister shall cause to be kept, in such manner and at such place as he or she directs, a register of permits in force from time to time, showing the purpose for which and the conditions upon which each permit was granted and such other matters relating to each permit as the Minister thinks fit.
(7) In this section,
grant includes grant by way of renewal.
(1) A person who is a principal under a permit (see subsection (6)) may authorise, as necessary, other persons to accompany one or more of the principals under that permit in carrying on activities authorised by the permit.
(2) A principal must not authorise a person under subsection (1) unless:
(a) the permit contains a condition allowing principals to do so; and
(b) the authorisation is given in accordance with any requirements set out in that condition and any other conditions contained in the permit.
(3) A person authorised to accompany principals under a permit must comply with the conditions of the permit.
(4) Subject to subsection (3), a permit is, for the purposes of this Act, taken to authorise the carrying on by a person authorised under subsection (1) of any activity specified in the permit.
(5) The authorisation of a person under subsection (1) does not prevent a principal under that permit from carrying on any activities.
(6) In this section:
principal , under a permit, means a person:
(a) to whom the permit was granted under subsection 9(1); or
(b) who is named in the permit.
Permits for taking etc. native birds and native seals
(1) A permit shall not authorize a person to kill, take, injure or otherwise interfere with a native bird or native seal unless:
(a) the Minister is satisfied that:
(i) the number of birds or seals of any species that may be killed or taken from local populations in that year by virtue of that permit and all other permits granted under section 9 and by virtue of corresponding laws will be replaced in the immediately succeeding breeding season by natural reproduction; and
(ii) the variety of species, the habitats essential to their existence 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 authorized by the permit will be carried on to the extent only that they are necessary for:
(i) if the permit relates to native birds—the construction and operation of scientific support facilities; or
(ii) if the permit relates to native birds or native seals—providing specimens for scientific research, public education (including display in museums or other educational institutions) or such other educational purposes as the Minister thinks fit; or
(iia) if the permit relates to native birds or native seals—providing specimens for zoological gardens in cases where such specimens cannot be obtained from existing captive collections elsewhere or where there is a compelling conservation need; or
(iii) if the permit relates to native birds—monitoring or conserving the environment or an historic site or monument; or
(iv) if the permit relates to native birds—providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii) or (iia); 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 authorized by the permit will not jeopardize the existing ecological system or the survival or recovery of that species or of the local population of that species; and
(iii) if the permit is to kill a native bird or native seal of that species—there is no suitable alternative technique to achieve the purpose for which the permit is granted.
(1A) A permit authorising a person to kill, take, injure or otherwise interfere with a native bird or seal must specify as a condition of the permit that the bird or seal is to be dealt with in the manner that involves the least degree of pain and suffering practicable.
Permits for taking native invertebrates
(1AA) A permit must not authorise a person to take native invertebrates unless:
(a) the Minister is satisfied that the variety of species, the habitats essential to their existence 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 taking authorised by the permit will be carried on to the extent only that it is necessary for:
(i) the construction and operation of scientific support facilities; or
(ii) providing specimens for scientific research, public education (including display in museums or other educational institutions) or such other educational purposes as the Minister thinks fit; or
(iii) providing specimens for zoological gardens; or
(iv) monitoring or conserving the environment or an historic site or monument; or
(v) providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii) or (iii); 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 that species; and
(iii) if the permit is to kill native invertebrates of that species—there is no suitable alternative technique to achieve the purpose for which the permit is granted.
Permits for gathering etc. native plants
(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 seals, native birds, native invertebrates 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; or
(ii) providing specimens for scientific research, public education (including display in museums, herbaria, botanical gardens or other educational institutions) or such other educational purposes as the Minister thinks fit; or
(iii) monitoring or conserving the environment or an historic site or monument; or
(iv) providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii); 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; and
(iii) if the permit is to kill (whether by collection or any other action) a native plant of that species—there is no suitable alternative technique to achieve the purpose for which the permit is granted.
Permits for gathering etc. meteorites and rocks
(1C) A permit authorising a person to gather or collect a meteorite, or to remove a rock or a meteorite, must be expressed so as to ensure, as far as possible, that the activities authorised by the permit will be carried on only to the extent that they are necessary for providing specimens for scientific research, public education (including display in museums or other educational or cultural institutions) or such other educational or cultural purposes as the Minister thinks fit.
Permits to bring organisms into the Antarctic
(2) A permit must not authorise a person to bring into the Antarctic:
(a) a dog; or
(b) a live bird.
(3) A permit must not authorise a person to bring into the Antarctic a cultivated plant that is not indigenous to the Antarctic or a reproductive propagule of such a plant other than for use under controls that ensure that it does not escape into the Antarctic environment.
(3A) A permit must not authorise a person to bring into the Antarctic any other organism that is not indigenous to the Antarctic other than for experimental use under controls that ensure that it does not escape into the Antarctic environment.
(4) The conditions of a permit authorizing the bringing into the Antarctic of an organism that is not indigenous to the Antarctic shall include the condition that it shall be:
(a) kept under such control as is specified in the permit; and
(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.
(5) A permit authorising a person to bring into the Antarctic organisms that are not indigenous to the Antarctic must:
(a) specify:
(i) the number of organisms to which the permit relates; and
(ii) the species of the organisms; and
(iii) a rationale justifying the introduction of the organisms; and
(iv) 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 organisms from escaping or coming in contact with fauna or flora.
Specially protected areas
(6) A permit shall not authorize any activity to be carried on in an Antarctic specially protected area in respect of which a management plan has not been adopted; unless:
(a) the activity is to be carried on for a compelling scientific purpose which cannot be served elsewhere; and
(b) the Minister is satisfied that the activity will not jeopardize the natural ecological system existing in that area.
(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.
(1) The Minister may, by notice in writing served personally, by post or otherwise as prescribed on the holder of the permit, vary, suspend or revoke a permit where he or she is satisfied that a provision of this Act relating to the permit or a condition of the permit has been contravened or that it is necessary or expedient to do so in order to conserve and protect the fauna and flora of the Antarctic.
(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.
(2) Subject to subsection (3), a permit shall not be suspended for a period exceeding 90 days.
(3) Where proceedings for an offence in relation to a permit are commenced during the period of suspension of the permit, the suspension may be continued until the proceedings (including any appeal) are completed.
(4) During the period of suspension of a permit, the permit has no force or effect, but the period of currency of the permit continues to run.
(5) The suspension of a permit does not prevent its revocation.
(1) Subject to this section, the Minister may, while a permit is in force, by notice in writing served personally, by post or otherwise as prescribed on the holder of the permit, vary or revoke any of the conditions of the permit or impose further conditions.
(2) In deciding whether to vary or revoke any of the conditions of a permit or to impose further conditions, the Minister must have regard to:
(a) the purposes and principles of the Madrid Protocol; and
(b) if the decision could affect a seal in seas to which the Seals Convention applies—the purposes and principles of the Seals Convention.
In this Part, unless the contrary intention appears:
environment means the Antarctic environment and dependent and associated eco‑systems.
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.
(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).
(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.
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.
(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.
(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.
After considering the initial environmental evaluation or 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.
(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.
(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.
(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.
(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.
(1) The Minister may, by notice given in accordance with section 12PA, 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 section 12PA, 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 section 12PA, 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 after the day on which the suspension takes effect) 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.
(6) A variation, suspension or revocation done at the request of the person authorised to carry on an activity takes effect:
(a) at the time notice of the variation, suspension or revocation is given; or
(b) at any later time specified in the notice.
(7) A variation, suspension or revocation not done at the request of the person authorised to carry on an activity takes effect:
(a) if the Minister considers that irreversible environmental damage would be likely to occur if the variation, suspension or revocation did not take effect immediately—at the time notice of the variation, suspension or revocation is given; or
(b) at the start of the 14th day after the day on which notice of the variation, suspension or revocation is given or at any later time specified in the notice.
(8) Notice of a variation, suspension or revocation given under this section must state when the variation, suspension or revocation is to take effect.
(9) A failure to comply with subsection (8) does not invalidate a notice.
(1) 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 section 12PA, vary or revoke any of those conditions or impose further conditions.
(2) A variation, revocation or imposition done at the request of the person authorised to carry on an activity takes effect:
(a) at the time notice of the variation, revocation or imposition is given; or
(b) at any later time specified in the notice.
(3) A variation, revocation or imposition not done at the request of the person authorised to carry on an activity takes effect:
(a) if the Minister considers that irreversible environmental damage would be likely to occur if the variation, revocation or imposition did not take effect immediately—at the time notice of the variation, revocation or imposition is given; or
(b) at the start of the 14th day after the day on which notice of the variation, suspension or revocation is given or at any later time specified in the notice.
(4) Notice of a variation, revocation or imposition given under this section must state when the variation, revocation or imposition is to take effect.
(5) A failure to comply with subsection (4) does not invalidate a notice.
For the purposes of subsections 12N(1), (2) and (3) and 12P(1), the method by which notice must be given is:
(a) in writing to the proponent of the activity covered by the authorisation to which the notice relates; or
(b) by a message transmitted by radio, telephone or other electronic means to the proponent of the activity covered by the authorisation to which the notice relates; or
(c) by notice published in the
Gazette .
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.
The Minister may, by instrument in writing, appoint a person as an inspector.
By force of this section, any member of the Australian Federal Police or of the police force of a Territory is an inspector.
(1) The Minister shall cause to be issued to each inspector, other than a member of a police force, an identity card in the form approved by the Minister, containing a photograph of the holder.
(2) A person who ceases to be an inspector shall forthwith return his or her identity card to the Minister.
(3) A person who contravenes subsection (2) commits an offence punishable on conviction by a fine not exceeding 1 penalty unit.
(1) An inspector may, without warrant, arrest any person if the inspector reasonably believes:
(a) that the person has committed, or is committing, an offence against this Act; and
(b) that proceedings against the person by summons would not be effective.
(2) Where an inspector (other than a member of a police force who is in uniform) arrests a person under subsection (1), he or she shall:
(a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or
(b) in any other case—produce his or her identity card for inspection by that person.
(3) Where a person is arrested under subsection (1), an inspector shall forthwith bring the person, or cause him or her to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with law.
(4) Nothing in this section prevents the arrest of a person in accordance with any other law.
(1) Subject to subsection (2), an inspector may search a vehicle, sled, aircraft or vessel if he or she believes on reasonable grounds that there is in or on that vehicle, sled, aircraft or vessel:
(a) any organism or article in respect of which an offence against this Act has been committed; or
(b) anything that will afford evidence as to the contravention of a civil penalty provision or the commission of an offence against this Act;
and for that purpose stop or detain that vehicle, sled, aircraft or vessel.
(2) Subject to subsection (3), an inspector shall not search:
(a) an aircraft or vessel belonging to an arm of the Defence Force; or
(b) a foreign aircraft or foreign vessel;
unless permission to do so is given by the person for the time being in control of the aircraft or vessel and, if that person so requires, personnel of an arm of the Defence Force or of the foreign aircraft or foreign vessel, as the case may be, are present to supervise the search.
(3) Subsection (2) does not apply in relation to a foreign aircraft or foreign vessel (not being an aircraft or vessel of war) while it is in the Territory.
(4) An inspector may:
(a) require any person whom he or she finds committing or whom he or she reasonably suspects of having committed an offence against this Act to state his or her full name and usual place of residence; and
(aa) require any person whom he or she finds contravening, or whom he or she reasonably suspects of having contravened, a civil penalty provision to state his or her full name and usual place of residence; and
(b) require any person whom he or she finds doing or whom he or she reasonably suspects of having done an act in respect of which the person is required to hold a permit to produce such a permit or evidence of the existence and contents of such a permit; and
(c) require any person whom he or she finds doing, or whom he or she reasonably suspects of having done, an activity in respect of which the person is required to be authorised under Part 3 to produce such an authorisation or evidence of the existence and content of such an authorisation.
(5) Where an inspector (other than a member of a police force who is in uniform) stops, or proposes to search or detain, a vehicle, sled, aircraft or vessel, he or she shall:
(a) in the case of a member of a police force—produce, for inspection by the person in charge of that vehicle, sled, aircraft or vessel, written evidence of the fact that he or she is a member of a police force; or
(b) in any other case—produce his or her identity card for inspection by that person;
and, if he or she fails to do so, he or she is not authorized to search or detain that vehicle, sled, aircraft or vessel.
(6) Where an inspector (other than a member of a police force who is in uniform) makes a requirement of a person under this section, he or she shall:
(a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or
(b) in any other case—produce his or her identity card for inspection by that person;
and, if he or she fails to do so, that person is not obliged to comply with the requirement.
(7) A person commits an offence if:
(a) an inspector makes a requirement of the person under this section; and
(b) the person fails to comply with the requirement.
Penalty: 10 penalty units.
(7A) An offence under subsection (7) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .(8) For the purposes of paragraph (4)(b),
permit includes a recognised foreign authority.
(1) An inspector may seize any article that he or she reasonably believes to have been involved in the contravention of a civil penalty provision or the commission of an offence against this Act and may retain the article:
(a) if proceedings for:
(i) an offence against this Act in the commission of which it may have been involved; or
(ii) a contravention of a civil penalty provision in the contravention of which it may have been involved;
are commenced within 60 days after it is seized—until the proceedings (including any appeal) are completed; or
(b) otherwise—for up to 60 days.
(2) An inspector may seize any organism that he or she reasonably believes to have been involved in the commission of an offence against this Act.
(3) Where anything has been seized under subsection (2), the Minister may cause it to be retained or disposed of and, if it was not involved in the commission of an offence against this Act, any person who has suffered loss or damage by reason of the seizure is entitled to reasonable compensation.
(1A) A person commits an offence if:
(a) the person does an act; and
(b) the action:
(i) causes death or injury to a native bird or a native seal in the Antarctic; or
(ii) causes the taking of a native bird or a native seal in the Antarctic; or
(iia) causes the taking of native invertebrates or native plants in the Antarctic; or
(iii) causes other interference with a native bird or a native seal in the Antarctic; or
(iiia) disturbs a native bird or native seal.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(1) A person shall not:
(b) gather, or collect a native plant in the Antarctic; or
(c) bring into, or keep in, the Antarctic an organism that is not indigenous to the Antarctic; or
(caa) bring a dog into the Antarctic or, being the owner of a dog, allow it to remain in the Antarctic; or
(cab) bring a living bird into the Antarctic; or
(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; or
(d) enter, or carry on any other activity in, an Antarctic specially protected area; or
(e) carry on any activity in an Antarctic specially managed area otherwise than as authorised by the plan of management relating to the area.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(1B) A person commits an offence if:
(a) the person does an act; and
(b) the action:
(i) causes any damage to or in an historic site; or
(ii) destroys, or causes damage to or the removal of, an historic monument.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) A person shall not, in the Antarctic:
(a) use an aircraft in such a manner as to disturb a concentration of birds or of seals; or
(b) use a vehicle or vessel in a manner that disturbs a concentration of birds or of seals; or
(c) use an explosive in a manner that disturbs a concentration of birds or of seals; or
(d) use a firearm in a manner that disturbs a concentration of birds or of seals; or
(e) while on foot, disturb a concentration of birds or of seals; or
(ea) carry on any activity that results in:
(i) the habitat of any species of native seal, native bird, native invertebrate or native plant; or
(ii) any population of native seals, native birds, native invertebrates or native plants;
being adversely modified to a significant extent; or
(g) cause or permit to escape from his or her control or the control of any other person an organism that is not indigenous to the Antarctic and has been brought into the Antarctic by virtue of a permit.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(3) This section does not apply in relation to any action if:
(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; or
(b) in the case of action of a kind referred to in paragraph (1)(c)—the organism was brought into the Antarctic to be used as food; or
(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; or
(c) the action in question was done in accordance with a permit or a recognised foreign authority; or
(d) in the case of action of a kind referred to in paragraph (2)(a), (2)(b), (2)(c) or (2)(e)—the action in question was reasonably necessary for the construction or operation of a scientific support facility.
(4) In this section:
concentration :
(a) of birds, means a group of more than 20 birds; or
(b) of seals, means a group of more than 20 seals.
(1) A person commits an offence if:
(a) the person gathers or collects a meteorite; and
(b) the person does so in the Antarctic; and
(c) the person does not gather or collect the meteorite in accordance with a permit.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) A person commits an offence if:
(a) the person removes a rock or a meteorite from the Antarctic; and
(b) the rock or meteorite was gathered or collected in the Antarctic (whether or not by the person); and
(c) the person does not remove the rock or meteorite in accordance with a permit.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
A person commits an offence if:
(a) the person brings into the Antarctic a seal, bird or plant; and
(b) the seal, bird or plant is a native seal, a native bird or a native plant; and
(c) the person does not bring the seal, bird or plant into the Antarctic in accordance with a permit.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(1) A person commits an offence if:
(a) the person brings into the Antarctic an organism or an article; and
(b) the person, by that conduct, brings into the Antarctic a micro‑organism that is not indigenous to the Antarctic.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(2) Subsection (1) does not apply if:
(a) the person brings the organism or article into the Antarctic for use as food; or
(b) the person has taken all reasonable precautions to ensure that a micro‑organism that is not indigenous to the Antarctic is not brought into the Antarctic by the conduct mentioned in paragraph (1)(a); or
(c) the person has a permit or a recognised foreign authority to bring in the micro‑organism.
(3) Subsection (1) does not apply in relation to the conduct mentioned in paragraph (1)(a) if the conduct was done in an emergency:
(a) to save a person from death or serious injury; or
(b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or
(c) to protect the environment.
Bringing live animals into the Antarctic as food
(1) A person must not bring a live animal into the Antarctic for use as food.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Controls to ensure organisms brought into Antarctic as food do not escape
(2) If a person brings an organism into the Antarctic for use as food, the person must put controls in place that ensure that the organism does not escape into the Antarctic environment.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Poultry and food products derived from poultry
(3) A person commits an offence if:
(a) the person brings poultry or any other bird product that is to be used as food into the Antarctic; and
(b) the poultry or other bird product is contaminated with disease.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(4) Subsection (3) does not apply if the person has taken all reasonable precautions to ensure that disease is not brought into the Antarctic by the conduct mentioned in paragraph (3)(a).
(1) This section applies if:
(a) a person brings into, or keeps in, the Antarctic an organism that is not indigenous to the Antarctic; and
(b) that conduct is not in accordance with a permit or recognised foreign authority (either because the person does not have one to do so or because the conduct cannot be authorised by a permit or recognised foreign authority); and
(c) the organism poses a risk to native fauna and flora.
(2) The person must, as soon as is reasonably practicable after bringing the organism into the Antarctic or beginning to keep it, remove or destroy the organism and any progeny of the organism.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(3) Subsection (2) does not apply if:
(a) it is not feasible to remove or destroy the organism or its progeny; or
(b) the removal or destruction of the organism or its progeny would result in a greater adverse environmental impact than not doing so; or
(c) the organism is brought into or kept in the Antarctic to be used as food.
(4) The person must, as soon as is reasonably practicable after bringing the organism into the Antarctic or beginning to keep it, take all reasonable steps to avoid or, if already occurring, control the consequences of the conduct mentioned in paragraph (1)(a).
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(5) Subsection (4) does not apply if the organism is brought into or kept in the Antarctic to be used as food.
(1) 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: Imprisonment for 16 years or 1,000 penalty units, or both.
(2) Subsection (1) does not apply to a mining activity if the activity is the gathering or collecting of a meteorite, or the removal of a rock or meteorite, in accordance with a permit.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the
Criminal Code .
(1) 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(1)(b).
Penalty: Imprisonment for 16 years or 1,000 penalty units, or both.
(2) Subsection (1) does not apply to a mining activity if the activity is the gathering or collecting of a meteorite, or the removal of a rock or meteorite, in accordance with a permit.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the
Criminal Code .
(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—100 penalty units; or
(b) in the case of a body corporate—500 penalty units.
(1) A person commits an offence if:
(a) a provision of a condition of a permit is applicable to the person (including a provision of a condition that is applicable to the person because of subsection 9A(3)); and
(b) the person engages in conduct; and
(c) the conduct contravenes the condition.
Penalty: Imprisonment for 1 year or 60 penalty units, or both.
(2) In this section:
engage in conduct means:
(a) do an act; or
(b) omit to perform an act.
(1) A person who does an act mentioned in subsection (1AA) in accordance with a permit must notify the Minister or an authorised officer, in the prescribed form (or, if no form is prescribed, in a form approved by the Minister), that the person has done the act, as soon as practicable after doing the act.
Penalty: 60 penalty units.
(1AA) The acts that must be notified under subsection (1) are the following:
(a) an act that has a result mentioned in paragraph 19(1A)(b);
(b) an act mentioned in paragraph 19(1)(b);
(c) an act mentioned in paragraph 19(1)(d).
(1A) An offence under subsection (1) is an offence of strict liability.
Note: For
strict liability , see section 6.1 of theCriminal Code .(2) In subsection (1),
authorised officer means a person designated by the Minister, by notice published in theGazette , for the purposes of that subsection.
(1) A person who, in an emergency:
(a) to save a person from death or serious injury; or
(b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or
(c) to protect the environment;
does an act mentioned in subsection (2), and does so other than in accordance with a permit or a recognised foreign authority, must notify the Minister or an authorised officer that the person has done the act, before the end of the 30th day after the act was done.
Penalty: 60 penalty units.
(2) The acts that must be notified under subsection (1) are the following:
(a) an act that has a result mentioned in paragraph 19(1A)(b);
(b) an act mentioned in subsection 19(1);
(c) an act mentioned in subsection 19(2).
(3) Subsection (1) does not apply if:
(a) it is not possible for the person to notify the Minister or an authorised officer of the act before the end of the 30th day after the act was done; and
(b) the person notifies the Minister or an authorised officer of the act as soon as practicable after that day.
Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the
Criminal Code .
Strict liability applies to subsection (1).
Note: For
strict liability , see section 6.1 of theCriminal Code .
(5) In this section:
authorised officer means a person authorised by the Minister, by notice published in theGazette , for the purposes of this section.
(1) A person who, in an emergency:
(a) to save a person from death or serious injury; or
(b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or
(c) to protect the environment;
does an act mentioned in subsection 21A(2), and does so other than in accordance with a permit or a recognised foreign authority, must, before the end of the 60th day after the day on which the act was done, give a written report to the Minister or an authorised officer, in the prescribed form (or if no form is prescribed, in the form approved by the Minister):
(d) describing the action; and
(e) explaining why the action was taken.
Penalty: 60 penalty units.
(2) Subsection (1) does not apply if:
(a) it is not possible for the person to give the written report to the Minister or an authorised officer before the end of the 60th day after the act was done; and
(b) the person gives the written report to the Minister or an authorised officer as soon as practicable after that day.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the
Criminal Code .(3) Strict liability applies to subsection (1).
Note: For
strict liability , see section 6.1 of theCriminal Code .(4) In this section:
authorised officer means a person authorised by the Minister, by notice published in theGazette , for the purposes of this section.
(1) In this section:
activity means an activity to which Part 3 applies.
(2) A person commits an offence if:
(a) the person carries on an activity; and
(b) the person does so in the Antarctic; and
(c) the person is not authorised by the Minister under Part 3 to carry on the activity.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
(3) A person commits an offence if:
(a) the Minister authorised the person under Part 3 to carry on an activity in the Antarctic subject to a condition being complied with; and
(b) the person carries on the activity; and
(c) the person does so without the condition being complied with.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
(4) In a prosecution of a person for an offence against subsection (2) or (3), it is a defence if:
(a) 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) the person was authorised to carry on the activity under a law of a Contracting Party.
Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the
Criminal Code .
Application for order
(1) The Minister may apply to a Court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty.
(2) The Minister must make the application within 6 years of the alleged contravention.
Court may order person to pay pecuniary penalty
(3) If the Court is satisfied that the person has contravened the civil penalty provision, the Court may order the person to pay to the Commonwealth such pecuniary penalty for the contravention as the Court determines to be appropriate.
Note: Subsection (5) sets out the maximum penalty that the Court may order the person to pay.
(4) An order under subsection (3) is a
civil penalty order .
Determining pecuniary penalty
(5) The pecuniary penalty must not be more than:
(a) if the person is a body corporate—5 times the pecuniary penalty specified for the civil penalty provision; and
(b) otherwise—the pecuniary penalty specified for the civil penalty provision.
(6) In determining the pecuniary penalty, the Court must take into account all relevant matters, including:
(a) the nature and extent of the contravention; and
(b) the nature and extent of any loss or damage suffered because of the contravention; and
(c) the circumstances in which the contravention took place; and
(d) whether the person has previously been found by a court to have engaged in any similar conduct.
(1) A pecuniary penalty is a debt payable to the Commonwealth.
(2) The Commonwealth may enforce a civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgement debt.
(1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Part against a person in relation to the contravention of any one or more of those provisions.
(2) However, the person is not liable to more than one pecuniary penalty under this Part in relation to the same conduct.
(1) A Court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character.
(2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions.
A Court may direct that 2 or more proceedings for civil penalty orders are to be heard together.
A Court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order.
A contravention of a civil penalty provision is not an offence.
A Court may not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention.
(1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:
(a) criminal proceedings are commenced or have already been commenced against the person for an offence; and
(b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.
(2) The proceedings for the order (the
civil proceedings ) may be resumed if the person is not convicted of the offence. Otherwise:
(a) the civil proceedings are dismissed; and
(b) costs must not be awarded in relation to the civil proceedings.
Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention.
(1) Evidence of information given, or evidence of production of documents by an individual, is not admissible in criminal proceedings against the individual if:
(a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil penalty provision (whether or not the order was made); and
(b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.
(2) However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order.
(1) A person must not:
(a) attempt to contravene a civil penalty provision; or
(b) aid, abet, counsel or procure a contravention of a civil penalty provision; or
(c) induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or
(d) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil penalty provision; or
(e) conspire with others to effect a contravention of a civil penalty provision.
Note: Section 22N (which provides that a person’s state of mind does not need to be proven in relation to a civil penalty provision) does not apply to subsection (1) of this section.
Civil penalty
(2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the provision.
(1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if:
(a) at or before the time of the conduct constituting the contravention, the person:
(i) considered whether or not facts existed; and
(ii) was under a mistaken but reasonable belief about those facts; and
(b) had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision.
(2) For the purposes of subsection (1), a person may be regarded as having considered whether or not facts existed if:
(a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and
(b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.
(3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.
(1) In proceedings for a civil penalty order against a person for a contravention of a civil penalty provision (other than subsection 22L(1)), it is not necessary to prove:
(a) the person’s intention; or
(b) the person’s knowledge; or
(c) the person’s recklessness; or
(d) the person’s negligence; or
(e) any other state of mind of the person.
(2) Subsection (1) does not affect the operation of section 22M (which is about mistake of fact).
ARTICLE 5
MANAGEMENT PLANS
1. Any Party, the Committee, the Scientific Committee for the Antarctic Research or the Commission for the Conservation of Antarctic Marine Living Resources may propose an area for designation as an Antarctic Specially Protected Area or an Antarctic Specially Managed Area by submitting a proposed Management Plan to the Antarctic Treaty Consultative Meeting.
2. The area proposed for designation shall be of sufficient size to protect the values for which the special protection or management is required.
3. Proposed Management Plans shall include, as appropriate:
(a) a description of the value or values for which special protection or management is required;
(b) a statement of the aims and objectives of the Management Plan for the protection or management of those values;
(c) management activities which are to be undertaken to protect the values for which special protection or management is required;
(d) a period of designation, if any;
(e) a description of the area, including:
(i) the geographical co‑ordinates, boundary markers and natural features that delineate the area;
(ii) access to the area by land, sea or air including marine approaches and anchorages, pedestrian and vehicular routes within the area, and aircraft routes and landing areas;
(iii) the location of structures, including scientific stations, research or refuge facilities, both within the area and near to it; and
(iv) the location in or near the area of other Antarctic Specially Protected Areas or Antarctic Specially Managed Areas designated under this Annex, or other protected areas designated in accordance with measures adopted under other components of the Antarctic Treaty System;
(f) the identification of zones within the area, in which activities are to be prohibited, restricted or managed for the purpose of achieving the aims and objectives referred to in subparagraph (b) above;
(g) maps and photographs that show clearly the boundary of the area in relation to surrounding features and key features within the area;
(h) supporting documentation;
(i) in respect of an area proposed for designation as an Antarctic Specially Protected Area, a clear description of the conditions under which permits may be granted by the appropriate authority 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) 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
(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
1. 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.
2. 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 of the Commission for the Conservation of Antarctic Marine Living Resources.
3. 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.
4. Management Plans may be amended or revoked in accordance with paragraph 1 above.
5. 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
1. 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.
2. 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.
3. 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
1. 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.
2. 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 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.
3. 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.
4. Listed Historic Sites and Monuments shall not be damaged, removed or destroyed.
5. 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.
2. 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.
3. 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.
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.
2. 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.
3. 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.
4. 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
1. 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.
2. Notice of activities undertaken in cases of emergency shall be circulated immediately to all Parties and to the Committee.
ARTICLE 12
AMENDMENT OR MODIFICATION
1. 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.
2. 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.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Antarctic Treaty (Environment Protection) Act 1980 | 103, 1980 | 6 June 1980 | ss. 16–21: 6 Dec 1980 Remainder: Royal Assent | |
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985 | 65, 1985 | 5 June 1985 | Sch 1 and 4: 8 Jan 1987 (s 2(4) and gaz 1986, No S660) | — |
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986 | 76, 1986 | 24 June 1986 | s 9 and Sch 1: 24 June 1986 (s 2(1)) | s 9 |
Civil Aviation Act 1988 | 63, 1988 | 15 June 1988 | Part III (ss. 17–32), s. 98 and Parts IX, X (ss. 99–103): 1 July 1988 ( Remainder: Royal Assent | s. 100(1)–(3) |
Antarctic (Environment Protection) Legislation Amendment Act 1992 | 156, 1992 | 11 Dec 1992 | ss. 1, 2, 29, 30: 11 Dec 1992 ss. 4(2), 6(3), 10, 11, 12(3)(a), 13(5), 13(6), 17(4), 19(2), 25(2): 24 Nov 2002 ss. 6(2), 9, 12(3)(b), 13(3), 13(4), 17(3), 18, 27, 31: 1 Mar 1998 ( ss. 12(2), 17(2): 1 Apr 1994 Remainder: 11 June 1993 | s. 13(2), (4), (6) |
Statute Law Revision Act 1996 | 43, 1996 | 25 Oct 1996 | Sch 2 (item 14): 1 Apr 1994 (s 2(2)) Sch 2 (item 15): 24 Nov 2002 (s 2(2)) Sch 2 (item 16): 11 June 1993 (s 2(2)) Sch 5 (items 13–15): 25 Oct 1996 (s 2(1)) | — |
Environmental Reform (Consequential Provisions) Act 1999 | 92, 1999 | 16 July 1999 | Sch 4 (items 38, 39): 16 July 2000 (s 2(1)) | — |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 28, 29, 418, 419): 24 May 2001 (s 2(3)) | Sch 2 (items 418, 419) |
Environment and Heritage Legislation Amendment (Application of Criminal Code) Act 2001 | 15, 2001 | 22 Mar 2001 | s 4 and Sch 1 (items 22–27, 31–39): 24 May 2001 (s 2(1)(c)) Sch 1 (items 28–30): 24 Nov 2002 (s 2(3)(b)) | s 4 |
Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Act 2006 | 164, 2006 | 11 Dec 2006 | Schedule 1: 11 June 2007 | Sch. 1 (items 89–92) |
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 | 4, 2010 | 19 Feb 2010 | Schedule 11 (item 4): 20 Feb 2010 | — |
Antarctic Treaty (Environment Protection) Amendment Act 2010 | 23, 2010 | 25 Mar 2010 | Sch 1: 8 Dec 2016 (s 2(1) item 2) | Sch 1 (item 33) |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Sch 2 (item 66) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 3, 12) | Sch 3 (items 10, 11) |
Antarctic Treaty (Environment Protection) Amendment Act 2012 | 90, 2012 | 28 June 2012 | Sch 1 (items 1–5): Sch 1 (items 6–11): Sch 2 (items 1–9): Sch 2 (items 10–30, 32–37): Sch 2 (item 31): Sch 3: Sch 4: 29 June 2012 (s 2(1) item 9) Remainder: 28 June 2012 (s 2(1) item 1) | |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (item 27): 12 Apr 2013 (s 2(1)) | — |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 8 (item 3): 24 June 2014 (s 2(1) item 9) | — |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 13 (items 9–11): Sch 14: 1 July 2014 (s 2(1) item 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 14): 10 Mar 2016 (s 2(1) item 6) | — |
Statute Update Act 2016 | 61, 2016 | 23 Sept 2016 | Sch 4 (item 1): 21 Oct 2016 (s 2(1) item 1) | — |
Statute Update (Winter 2017) Act 2017 | 93, 2017 | 23 Aug 2017 | Sch 1 (items 1, 2): 20 Sept 2017 (s 2(1) item 2) | — |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (item 70): 1 Sept 2021 (s 2(1) item 5) | — |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 3 (items 1–3): 14 Oct 2024 (s 2(1) item 1) | — |
Title........................................... | rs No 90, 2012 |
Preamble.................................... | am No 65, 1985; No 156, 1992; No 90, 2012 |
Heading to Part 1........................ | ad No 156, 1992 |
s 3............................................. |
am No 65, 1985; No 63, 1988; No 156, 1992; No 164, 2006; No 4, 2010; No 23, 2010; No 46, 2011; No 90, 2012 ( | |
s 3A........................................... | ad |
s 6............................................. | am No 156, 1992 |
rs No 90, 2012 | |
s 6A........................................... | ad No 15, 2001 |
s 6B........................................... | ad No 90, 2012 |
s 7............................................. | am No 65, 1985; No 156, 1992; No 92, 1999 |
s 7A........................................... | ad No 156, 1992 |
Heading to Part 2........................ | ad No 156, 1992 |
s 7B........................................... | ad No 156, 1992 |
rep No 156, 1992 | |
s 7C........................................... | ad No 156, 1992 |
am No 164, 2006; No 23, 2010 | |
s 8............................................. | am No 156, 1992 |
rs No 156, 1992 | |
s 8A........................................... | ad No 156, 1992 |
s 9............................................. | am No 156, 1992; No 43, 1996; No 164, 2006; |
s 9A........................................... | ad No 164, 2006 |
s 10............................................ | am No 156, 1992; No 164, 2006; No 23, 2010 |
s 11............................................ | am No 156, 1992; No 43, 1996 |
s 12............................................ | am No 156, 1992; No 164, 2006 |
Part 2A...................................... | ad |
s 12AA...................................... | ad |
s 12AB....................................... | ad |
s 12AC....................................... | ad |
s 12AD...................................... | ad |
s 12AE....................................... | ad |
Part 3......................................... | ad No 156, 1992 |
ss 12A–12M............................... | ad No 156, 1992 |
ss 12N, 12P................................ | ad No 156, 1992 |
am No 164, 2006 | |
s 12PA....................................... | ad No 164, 2006 |
s 12Q......................................... | ad No 156, 1992 |
Part 3A...................................... | ad |
s 13AA...................................... | ad |
am | |
s 13AB....................................... | ad |
s 13AC....................................... | ad |
s 13AD...................................... | ad |
s 13AE....................................... | ad |
s 13AF....................................... | ad |
s 13AG...................................... | ad |
s 13AH...................................... | ad |
Division 5.................................. | ad |
s 13AI........................................ | ad |
am | |
s 13AJ........................................ | ad |
am | |
s 13AK...................................... | ad |
s 13AL....................................... | ad |
Part 3B....................................... | ad |
s 13BA....................................... | ad |
am | |
s 13BB....................................... | ad |
s 13BC....................................... | ad |
am | |
s 13BD....................................... | ad |
s 13BE....................................... | ad |
am | |
s 13BF....................................... | ad |
s 13BG....................................... | ad |
s 13BH....................................... | ad |
Division 5.................................. | ad |
s 13BI........................................ | ad |
s 13BJ........................................ | ad |
s 13BK....................................... | ad |
s 13BL....................................... | ad |
Part 3C....................................... | ad |
s 13CA....................................... | ad |
s 13CB....................................... | ad |
s 13CC....................................... | ad |
s 13CD....................................... | ad |
s 13CE....................................... | ad |
s 13CF....................................... | ad |
s 13CG....................................... | ad |
s 13CH....................................... | ad |
s 13CI........................................ | ad |
s 13CJ........................................ | ad |
am | |
s 13CK....................................... | ad |
am | |
s 13CL....................................... | ad |
am | |
s 13CM...................................... | ad |
Heading to Part 4........................ | ad No 156, 1992 |
s 14............................................ | ed C19 |
s 15............................................ | am No 43, 1996; No 164, 2006; No 4, 2016 |
s 16............................................ | am No 43, 1996 |
s 17............................................ | am No 156, 1992; No 43, 1996; No 15, 2001; No 164, 2006; No 23, 2010; No 90, 2012 ( |
s 18............................................ | am No 43, 1996; No 23, 2010; No 90, 2012 |
Heading to Part 5........................ | ad No 156, 1992 |
rs No 90, 2012 | |
s 19............................................ | am No 65, 1985; No 76, 1986; No 156, 1992; No 43, 1996; No 15, 2001; No 164, 2006; No 23, 2010; |
s 19AA...................................... | ad No 164, 2006 |
am | |
s 19AB....................................... | ad No 164, 2006 |
s 19AC....................................... | ad No 23, 2010 |
s 19AD...................................... | ad No 23, 2010 |
s 19AE....................................... | ad No 23, 2010 |
ss 19A–19C................................ | ad No 156, 1992 |
am No 164, 2006 | |
s 20............................................ | am No 43, 1996 |
rs No 15, 2001 | |
am No 164, 2006; | |
s 21............................................ | am No 156, 1992; No 43, 1996; No 15, 2001; No 164, 2006; |
s 21AA...................................... | ad No 164, 2006 |
am | |
s 21AB....................................... | ad No 164, 2006 |
am | |
s 21A......................................... | ad No 156, 1992 |
am No 15, 2001; No 164, 2006; | |
Part 5A...................................... | ad No 90, 2012 |
s 22............................................ | am No 43, 1996 |
rep No 137, 2000 | |
ad No 90, 2012 | |
s 22A......................................... | ad No 90, 2012 |
s 22B......................................... | ad No 90, 2012 |
s 22C......................................... | ad No 90, 2012 |
s 22D......................................... | ad No 90, 2012 |
s 22E......................................... | ad No 90, 2012 |
s 22F.......................................... | ad No 90, 2012 |
s 22G......................................... | ad No 90, 2012 |
s 22H......................................... | ad No 90, 2012 |
s 22J.......................................... | ad No 90, 2012 |
s 22K......................................... | ad No 90, 2012 |
s 22L......................................... | ad No 90, 2012 |
s 22M........................................ | ad No 90, 2012 |
s 22N......................................... | ad No 90, 2012 |
s 23............................................ | am No 43, 1996 |
rep No 137, 2000 | |
s 24............................................ | rep No 156, 1992 |
Heading to Part 6........................ | ad No 156, 1992 |
s 27............................................ | rs No 156, 1992 |
am No 43, 1996; No 90, 2012 ( | |
s 28............................................ | am No 156, 1992; No 164, 2006; |
s 29............................................ | am No 65, 1985; No 156, 1992; No 164, 2006; No 23, 2010; No 90, 2012 ( |
Schedule heading........................ | rs and renum No 156, 1992 |
Schedule.................................... | ad No 65, 1985 |
Schedule 1 heading (prev Schedule heading) | |
Schedule 1.................................. | am No 93, 2017 (amdt never applied (Sch 1 item 1)) |
Schedule 2.................................. | ad No 156, 1992 |
Schedule 3.................................. | ad No 156, 1992 |
am No 23, 2010; | |
ed C19 |
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