EXPLANATORY STATEMENT
Issued by the Authority of the Minister for the Environment and Heritage
Antarctic Treaty (Environment Protection) Act 1980
Antarctic Treaty (Environment Protection) Proclamation 2005
The Proclamation gives effect to measures agreed to by Antarctic Treaty Consultative Parties under the Antarctic Treaty. Australia is an Antarctic Treaty Consultative Party under the Antarctic Treaty.
Subsection 8(2) of the Antarctic Treaty (Environment Protection) Act 1980 provides that the Governor-General may, by Proclamation, declare an area to be an Antarctic specially protected area (ASPA) and, by the same or another Proclamation, may declare an area to be an Antarctic specially managed area (ASMA).
The purpose of the Proclamation is to:
- declare 62 ASPAs (set out in Schedule 1 to the Proclamation);
- declare three ASMAs (set out in Schedule 2 to the Proclamation); and
- revoke all existing declarations of ASPAs and ASMAs made under the Antarctic Treaty (Environment Protection) Proclamation 2002 and the Antarctic Treaty (Environment Protection) Proclamation 2004.
Two of the ASPAs included in the Proclamation, ASPA Nos. 163 and 164, are new ASPAs adopted at the 28th Antarctic Treaty Consultative Meeting. The declaration of previously declared ASPA Nos 101, 102, 103, 119, 120, 132, 133, 149, 155, 158 and 159 is to reflect amendments adopted by the 28th Antarctic Treaty Consultative Meeting to the management plans of these ASPAs. In broad terms, the amendments adopted by the 28th Antarctic Treaty Consultative Meeting reflect boundary changes, update information and obligations to be included in permits, reflect re-formatting of previous plans to conform to current styles, and correct some errors in the previous plans. Under subsection 8(6) of the Act the Governor-General may, by Proclamation, vary the boundaries of an ASPA or an ASMA in accordance with an amendment of the management plan adopted by the Antarctic Treaty Consultative Parties. All relevant Treaty Parties, including Australia, unanimously agreed to these measures at the 28th ATCM. Policy approval was sought, and agreed to, prior to the submission of the Proclamation.
The declaration of previously declared ASPA Nos. 121, 122, 123, 124, 125, 126, 127, 137, 139, 140, 144, 145, 146, 147, 148, 149 and 150 is to continue the existence of these ASPAs. The Antarctic Treaty (Environment Protection) Proclamation 2002 as amended by the Antarctic Treaty (Environment Protection) Proclamation 2004 states that these ASPAs will otherwise expire at the end of 31 December 2005. The expiration of these ASPAs would be inconsistent with Australia’s relevant international obligations.
The declaration of ASMA No. 4 is to reflect the adoption of this new ASMA at the 28th Antarctic Treaty Consultative Meeting.
The remaining ASPAs and ASMAs declared by the Proclamation are included in order to consolidate the declaration of all current ASPAs and ASMAs in one proclamation. The revocation of all declarations of ASPAs and ASMAs made under the Antarctic Treaty (Environment Protection) Proclamation 2002 and the Antarctic Treaty (Environment Protection) Proclamation 2004 is necessary to perform this consolidation. All ASPAs and ASMAs current prior to the Proclamation are re-declared by the Proclamation.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on 1 January 2006.
Authority: Subsection 8(2) of
the Antarctic Treaty (Environment Protection) Act 1980
ATTACHMENT
Details of the proposed Antarctic Treaty (Environment Protection) Proclamation 2005
Section 1 – Name of Proclamation
This section provides that the title of the Proclamation is the Antarctic Treaty (Environment Protection) Proclamation 2005.
Section 2 – Commencement
This section provides for the Proclamation to commence on 1 January 2006.
Section 3 – Definition - Act
This section provides that references to “Act” in the Proclamation means the Antarctic Treaty (Environment Protection) Act 1980.
Section 4 – Declaration of Antarctic specially protected areas and Antarctic specially managed areas
Subsection 4 (1) provides the areas listed in Schedule 1 are declared to be Antarctic specially protected areas and explains that the Antarctic Treaty Consultative Parties have adopted a management plan for these areas.
Subsection 4 (2) provides the areas listed in Schedule 2 are declared to be Antarctic specially managed areas and explains that the Antarctic Treaty Consultative Parties have adopted a management plan for these areas.
Subsections 4 (3) and (4) refer to paragraphs 8 (4) (a) and (c) of the Antarctic Treaty (Environment Protection) Act 1980 and confirm the situation stated in those paragraphs, namely, that each Antarctic specially protected area and Antarctic specially managed area includes the subsoil beneath the surface of any land and any sea within the area, to a depth of 1000 metres below the surface of the land.
Section 5 – Cessation of effect of certain declarations in Schedule 1
Section 5 provides that five of the Antarctic specially protected areas being declared, namely the areas described in Parts 25, 27, 44, 46 and 50 of Schedule 1, shall cease to have effect at the end of 31 December 2010. This is to accord with the terms of Measure 4 (2005) passed by the Antarctic Treaty Consultative Meeting.
Section 6 – Revocation of certain earlier declarations
Subsection 6 (1) provides for the revocation of all declarations made by two earlier proclamations – the Antarctic Treaty (Environment Protection) Proclamation 2002 and the Antarctic Treaty (Environment Protection) Proclamation 2004 (No. 1).
Subsection 6 (2) provides for the revocation of all declarations (except one) taken, under subsection 8 (5) of the Antarctic Treaty (Environment Protection) Act 1980, to have been made on 24 November 2002. The current section 8 of the Antarctic Treaty (Environment Protection) Act 1980 commenced on 24 November 2002. Subsection 8 (5) preserves certain areas in place immediately before the commencement of the current section 8 by taking them to have been declared to be an Antarctic specially protected area by a Proclamation.
Schedule 1 – Descriptions of Antarctic specially protected areas
Schedule 1 describes the Antarctic specially protected areas declared by section 4. The Schedule comprises 62 Parts. Each Part provides the name and location, description of values to be protected and a map for one Antarctic specially protected area.
Schedule 2 – Antarctic specially managed areas
Schedule 2 describes the Antarctic specially protected areas declared by section 4. The Schedule comprises 3 Parts. Each Part provides the name and location, description of values to be protected and a map for one Antarctic specially managed area.