EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Sustainability, Environment, Water, Population and Communities
Antarctic Treaty (Environment Protection) Act 1980 (Cth)
Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment Proclamation 2011 (No. 1)
Subsection 8A(1) of the Antarctic Treaty (Environment Protection) Act 1980 (the Act) provides that the Governor-General may, by Proclamation, declare an historic site or monument specified in the Proclamation to be an historic site or an historic monument. However, subsection 8A(2) of the Act provides that 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 the monument. Subsection 8A(3) provides that the Governor General may, by Proclamation, vary or revoke a Proclamation made under subsection 8A(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.
Australia is an Antarctic Treaty Consultative Party under the Antarctic Treaty and the Proclamation seeks to give effect to measures agreed to by Antarctic Treaty Consultative Parties under the Antarctic Treaty in domestic law.
The purpose of the proposed Proclamation is to amend the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Proclamation 2007 (the Principal Proclamation) to declare the following additional Antarctic Historic Sites and Monuments (HSMs) following their adoption at recent Antarctic Treaty Consultative Meetings (ATCMs):
Plaque Commemorating the PM-3A Nuclear Power Plant at McMurdo Station (HSM No. 85); and
No.1 Building at Great Wall Station (HSM No. 86).
All relevant Treaty Parties, including Australia, unanimously approved the listing of HSM 85 under Measure 15 at the 33rd ATCM in 2010 and the listing of HSM 86 under Measure 12 at the 34th ATCM in 2011.
The proposed Proclamation would vary the description of the following existing HSM declared under the Principal Proclamation.
Monument to the Antarctic Treaty and Plaque (HSM No. 82)
At the 34th ATCM in 2011 all relevant Treaty Parties also agreed to vary the description of HSM No. 82 under Measure 11.
Subsection 19(1B) of the Act provides that a person is guilty of an offence if the person does an act and the action causes any damage to or in an historic site, or destroys, causes damage to or the removal of an historic monument.
The Office of Best Practice Regulation has indicated that a Regulatory Impact Assessment is not required for the Proclamation (OBPR ID: 12944).
The Proclamation 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.
The details of the Proclamation are included in the Attachment.
ATTACHMENT
Details of the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment Proclamation 2011 (No. 1)
Section 1 – Name of Proclamation
This section provides that the title of the Proclamation is the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment Proclamation 2011 (No. 1).
Section 2 – Commencement
This section provides for the Proclamation to commence on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 – Amendment of Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Proclamation 2007
This section provides that that Schedule 1 amends the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Proclamation 2007 by declaring historic sites and monuments adopted by the Antarctic Treaty Consultative Parties.
Schedule 1
Lists and describes new Antarctic historic sites and monuments (HSM) and varies the description of one HSM.
HSM Nos. 85 and 86 are new HSMs being declared by this Proclamation. HSM No 85 was adopted at the 33rd ATCM in 2010 and HSM No. 86 was adopted at the 34th ATCM in 2011. HSM No. 82 was adopted at the 30th ATCM by Measure 3 of 2007 and was varied at the 34th ATCM in 2011 by Measure 11.
Overview
The Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment Proclamation 2011 (No. 1) was introduced to amend the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Proclamation 2007, following decisions made by the Antarctic Treaty Consultative Parties (ATCPs). Enacted by the Australian government, the purpose of this legislation is to incorporate into Australian domestic law the measures agreed to by the ATCPs for the protection of historic sites and monuments in Antarctica. This amendment is significant in ensuring that Australia complies with its international obligations under the Antarctic Treaty system. The proclamation declares new historic sites and monuments and amends the description of an existing one, reflecting decisions made at recent Antarctic Treaty Consultative Meetings. This amendment ensures that Australia’s domestic legal framework aligns with international agreements aimed at preserving the historical integrity of Antarctica.
Scope and Application
The Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment Proclamation 2011 (No. 1) amends the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Proclamation 2007 to implement measures agreed upon by the Antarctic Treaty Consultative Parties. The Act applies to the declaration and protection of historic sites and monuments in Antarctica, specifically those adopted by the Antarctic Treaty Consultative Parties. These sites and monuments are legally protected under the Act to prevent damage or removal. The geographic scope of the Act is limited to Antarctica, and it applies to all persons within the Commonwealth of Australia and Australian entities conducting activities in Antarctica. The Act's provisions can be extended or modified through subordinate instruments, such as regulations or further proclamations, to include additional historic sites or to adjust descriptions as agreed by the Consultative Parties. Any person found guilty of damaging or removing an historic site or monument is subject to penalties under the Act. The Proclamation comes into effect on the day after it is registered on the Federal Register of Legislative Instruments.
Key Provisions
The Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Amendment Proclamation 2011 (No. 1) amends the Antarctic Treaty (Environment Protection – Historic Sites and Monuments) Proclamation 2007, specifically through Section 3, which updates the schedule to include new historic sites and monuments (HSMs) as well as modifying the description of an existing HSM. This amendment follows the unanimous approval of these changes by the Antarctic Treaty Consultative Parties (ATCPs) at their respective meetings. The main additions are HSM No. 85, the Plaque Commemorating the PM-3A Nuclear Power Plant at McMurdo Station, and HSM No. 86, the No.1 Building at Great Wall Station. Additionally, the description of HSM No. 82, the Monument to the Antarctic Treaty and Plaque, has been varied. These changes are set out in Schedule 1 of the Proclamation.
Under the Act, the Governor-General has the authority to declare historic sites or monuments as such, provided that this declaration has been approved by the ATCPs. This is in accordance with subsection 8A(1) and 8A(2) of the Antarctic Treaty (Environment Protection) Act 1980. Furthermore, the Governor-General can vary or revoke these declarations if the ATCPs have amended or revoked the listing, as outlined in subsection 8A(3). The Act also mandates that any damage to an historic site or the destruction, damage, or removal of an historic monument is an offence, with penalties specified under subsection 19(1B). The obligations on parties or entities governed by this Act include ensuring compliance with the measures and descriptions set forth in the Proclamation, which are aligned with international agreements.
In terms of consequences for breaches, the Act imposes significant penalties for actions that result in damage to historic sites or the destruction, damage, or removal of historic monuments. Subsection 19(1B) establishes that such actions constitute an offence. While the specific penalties are not detailed in the explanatory statement, the Act generally allows for enforcement actions to be taken against those who violate these provisions. This includes potential fines or imprisonment, depending on the severity of the offence and the discretion of the court. The overarching aim is to uphold the integrity and preservation of Antarctic heritage as agreed upon by the ATCPs, thereby ensuring that Australia's commitments under the Antarctic Treaty are met.