AUSTRALIAN ANTARCTIC TERRITORY
Weapons Ordinance 2001
DECLARATION UNDER SECTION 16
I, Anthony Ian Fleming, Director, Australian Antarctic Division, Department of the Environment, declare under section 16 of the Australian Antarctic Territory Weapons Ordinance 2001 that the following project is advantageous to scientific research and the weapons as specified below may be used for the designated projects by a person working on that project:
Approved Project | Approved Weapons |
AAS Project No 4102: Population abundance, trend, structure and distribution of the endangered Antarctic blue whale. | Restech Pneumatic Line Throwers (PLT) Paxarms Modified capture rifles .22 calibre Larsen Gun, Remington Rolling Block rifle 11mm Daninject, JM SP 25, 11TR |
Note: The Pneumatic Line Thrower (PLT), modified capture rifles and Rolling Block rifles are used for conducting non-lethal research. PLTs and the Daninject are used to deploy satellite tags on whales, modified capture rifles (paxarms) and Rolling Block rifles (Larsen guns) are used to collect biopsy samples for genetic analyses. |
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Anthony Fleming
Director
Australian Antarctic Division
22/12/2014
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this decision may, within 28 days, make an application in writing to the Australian Antarctic Division of the Department of the Environment for the reasons for the decision. An application for independent review of the decision may be made to the Administrative Appeals Tribunal, on payment of the relevant fee, by or on behalf of the person or persons whose interests are affected, either within 28 days of receipt of the reasons for the decision, or within 28 days of this notice if reasons for the decision are not sought. Further information may be obtained from: Policy Coordination Branch Australian Antarctic Division 203 Channel Highway Kingston TAS 7050 Telephone (03) 6232 3347 |
Overview
The Australian Antarctic Territory Weapons Ordinance 2001 was enacted to regulate the use of weapons within the Australian Antarctic Territory, ensuring that such use is strictly limited to activities that are advantageous to scientific research. The ordinance was introduced to address the need for a legal framework that allows for the controlled and necessary use of certain weapons in the conduct of scientific research, while ensuring the safety and preservation of the Antarctic environment and its wildlife. The enacting body for this ordinance was the Australian Parliament, reflecting the national interest in maintaining the integrity of scientific research in the Antarctic region and upholding international obligations under the Antarctic Treaty System. The policy objective of the ordinance is to facilitate scientific research by permitting the use of specified weapons under strict conditions, while also preventing any potential harm to the Antarctic ecosystem or its inhabitants.
Scope and Application
The Australian Antarctic Territory Weapons Ordinance 2001 applies specifically to the use of weapons in the Australian Antarctic Territory for purposes of scientific research. This ordinance governs the activities of persons working on designated scientific projects within the territory, permitting the use of specified weapons only when they are essential for non-lethal research activities. The ordinance is applicable to the conduct of research projects conducted by individuals or entities associated with approved scientific research, specifically those working on projects like the population study of Antarctic blue whales. The ordinance is confined to the Australian Antarctic Territory, thus its jurisdictional reach is limited to this geographic area. The ordinance does not specify exclusions, exemptions, or thresholds, but it does outline the types of weapons that can be used under particular circumstances, as declared by the Director of the Australian Antarctic Division. The application and interpretation of the ordinance can be further refined through subordinate instruments, although these are not detailed in the declaration itself.
Key Provisions
The Australian Antarctic Territory Weapons Ordinance 2001 provides specific provisions concerning the use of weapons in the Australian Antarctic Territory (AAT) for scientific research purposes. Section 16 of the Ordinance allows for the use of specified weapons for approved scientific projects (s16). The declaration by Anthony Ian Fleming, the Director of the Australian Antarctic Division, permits the use of certain weapons, including Restech Pneumatic Line Throwers, Paxarms Modified capture rifles, .22 calibre Larsen Guns, and Remington Rolling Block rifles for the AAS Project No 4102, which involves the study of Antarctic blue whales (s16).
The Ordinance imposes obligations on parties conducting scientific research in the AAT to ensure that the use of weapons is strictly for the purposes outlined in the approved project and in a manner that does not harm the Antarctic environment or wildlife. Researchers must adhere to the guidelines and protocols set out by the Australian Antarctic Division and must obtain necessary permits before using any weapons (s16). It is also stipulated that any use of weapons must be reported to the relevant authorities to ensure compliance with the Ordinance (s16).
Breach of the provisions of the Australian Antarctic Territory Weapons Ordinance 2001 can result in significant consequences. Offenders may face civil or criminal penalties, depending on the nature and severity of the breach. For instance, unauthorised use of weapons or failure to comply with the reporting requirements can lead to fines and potential imprisonment. The Ordinance does not explicitly state maximum penalties but references the broader Australian legal framework where applicable offences may be subject to penalties as determined by relevant legislation (s16). Additionally, there may be consequences under other environmental protection laws if the breach causes harm to the Antarctic ecosystem.