EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Sustainability, Environment, Water, Population and Communities
Antarctic Treaty (Environment Protection) Act 1980 (Cth)
Declaration of Specially Protected Species
Subsection 7C(1) of the Antarctic Treaty (Environment Protection) Act 1980 (‘the Act’) provides that if a species of native seal, native bird, or native plant is specified in Annex II to the Protocol on Environmental Protection to the Antarctic Treaty (‘the 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.
At Antarctic Treaty Consultative Meeting III (‘ATCM’) the Agreed Measures for the Conservation of Antarctic Fauna and Flora (‘Agreed Measures’) were adopted by Antarctic Treaty Consultative Parties. This instrument, promulgated under the terms of the Antarctic Treaty, introduced the concept of specially protected species as a mechanism for Antarctic faunal conservation. At ATCM IV the Agreed Measures were amended as a result of Recommendation 17 to include all species of the genus Ommatophoca rossi (‘Ross Seal’) to be a specially protected species. This recommendation came into effect on 1 November 1982 pursuant to Article 9(4) of the Antarctic Treaty. The Agreed Measures were superseded by the Protocol (adopted at Special ATCM XI), and the specially protected status of the Ross Seal was carried over to be listed in Appendix A to Annex II to the Protocol.
The Antarctic Seals Conservation Regulations 1986 (‘Seals Regulations’) made under the Act implemented into domestic law the special protections accorded to the Ross Seal under the Protocol (regulation 4(2B)). In 2007, the Seals Regulations were repealed and the provisions concerning the protection of Antarctic seals were transferred to the Act. In order to ensure that the Ross Seal continues to be protected in accordance with the Protocol, the Minister must declare that it is a specially protected species under section 7C of the Act.
This declaration seeks to give effect to measures agreed to by Antarctic Treaty Consultative Parties under the Antarctic Treaty in domestic law. The purpose of the Declaration is to ensure the conservation of the Ross Seal by attributing to it various protections afforded to specially protected species under the Act. These protections include enhanced permit restrictions for taking, killing, injuring or otherwise interfering with a specially protected species.
The Office of Best Practice Regulation has indicated that a Regulatory Impact Assessment is not required for this declaration (OBPR ID: 11553)
The Declaration is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commences on the day after it is registered on the Federal Register of Legislative Instruments.
Overview
The Antarctic Treaty (Environment Protection) Act 1980 was enacted to provide for the protection of the Antarctic environment, including its flora and fauna, in accordance with the Antarctic Treaty System. This legislation was introduced to address the need for stringent environmental protections in Antarctica, a region of unique ecological significance. The Act allows the Minister for Sustainability, Environment, Water, Population and Communities to declare species as specially protected under Annex II of the Protocol on Environmental Protection to the Antarctic Treaty, thereby aligning Australian domestic law with international agreements aimed at conserving Antarctic biodiversity. This particular legislative instrument, issued by the authority of the Minister, seeks to ensure that the Ross Seal is recognised as a specially protected species within Australian jurisdiction, thereby reinforcing the broader policy objective of conserving Antarctic wildlife and maintaining the ecological integrity of the region.
Scope and Application
The Antarctic Treaty (Environment Protection) Act 1980 applies to any person or entity engaged in activities that may impact the Antarctic environment, including the conduct of activities by Australian nationals and entities within the territorial jurisdiction of Australia. The Act specifically addresses the declaration of specially protected species, which are subject to additional conservation measures, and encompasses both native seals, birds, and plants specified in Annex II of the Protocol on Environmental Protection to the Antarctic Treaty. The geographic reach of the Act is inherently linked to the Antarctic region, given its alignment with the Antarctic Treaty system and its focus on environmental protection within this region. The Act extends its application through subordinate instruments, such as the Antarctic Seals Conservation Regulations 1986, which have since been repealed and incorporated into the Act. However, the Act does not specify any exclusions, exemptions, or thresholds in this context, instead relying on the Protocol’s Annex II to identify species requiring protection. This legislative framework ensures that the conservation of specially protected species, such as the Ross Seal, is effectively implemented within the Australian legal system, in line with international commitments under the Antarctic Treaty.
Key Provisions
The Antarctic Treaty (Environment Protection) Act 1980 (Cth) includes provisions for the declaration of specially protected species, particularly in sections 7A to 7G. Section 7C(1) (paragraphs 1-3) allows the Minister to declare a species of native seal, bird, or plant as a specially protected species if it is specified in Annex II to the Protocol on Environmental Protection to the Antarctic Treaty. This declaration is intended to ensure the conservation of these species by applying specific protections, such as enhanced permit requirements for activities that may affect them. The Act was updated to include the protection of the Ross Seal, which was previously covered under the now-superseded Agreed Measures for the Conservation of Antarctic Fauna and Flora and later the Protocol. The Minister’s responsibility under section 7C is to ensure that the Ross Seal retains its specially protected status by declaring it as such in the Gazette.
The Act imposes several obligations on parties or entities operating within the Antarctic Treaty area. These obligations include adhering to the specific permit requirements for any activities that may impact specially protected species, such as the Ross Seal. Permits must be obtained in accordance with the regulations outlined in the Act, which include restrictions on taking, killing, injuring, or otherwise interfering with specially protected species. Additionally, parties must comply with any additional conditions or restrictions that the Minister may impose to ensure the conservation of these species. The Act also requires that all activities in the Antarctic Treaty area are conducted in a manner that does not harm the environment, particularly focusing on the protection of specially protected species.
Breach of the provisions in the Antarctic Treaty (Environment Protection) Act 1980 can result in both civil and criminal consequences. Civil penalties may include fines, which can be substantial, depending on the severity and frequency of the breach. For example, under the Act, individuals or corporations found guilty of contravening the provisions related to specially protected species may face fines up to a maximum of $66,000 for each offence. Criminal penalties may also be applicable, with potential imprisonment terms depending on the seriousness of the offence. The Act provides for enforcement by authorised officers who have the power to issue infringement notices, which can lead to fines, and to prosecute more serious offences in court. These measures are in place to ensure compliance with the conservation objectives outlined in the Act and the broader environmental protections under the Antarctic Treaty.