Notice of Availability in Australia of a Draft Comprehensive Environmental Evaluation – Petrel Antarctic Base Renovation, Dundee Island, Antarctica

Overview

The Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 were enacted to ensure that any activities in Antarctica are conducted with due regard to the protection of the Antarctic environment. This legislation was introduced to address the need for comprehensive environmental evaluations of proposed activities in the region, aiming to mitigate potential environmental impacts and ensure compliance with international obligations under the Antarctic Treaty System. Enacted by the Parliament of Australia, the policy objective of these regulations is to provide a framework for assessing and managing the environmental impacts of activities in Antarctica, particularly those conducted by Australian nationals or from Australian territory. The regulations mandate that a draft comprehensive environmental evaluation must be prepared for proposed activities and made available for public comment, ensuring transparency and community involvement in decision-making processes related to Antarctic activities.

Scope and Application

The Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993, as part of the broader legal framework governing the environment protection measures within the Antarctic region, applies to any proposed activities that may significantly impact the Antarctic environment. This Act specifically mandates that a draft comprehensive environmental evaluation must be prepared for any activity, such as the Petrel Antarctic Base Renovation on Dundee Island, which is undertaken under the jurisdiction of the parties to the Antarctic Treaty, including its Protocol on Environmental Protection. The Act's application extends to all persons or entities planning to undertake activities in the Antarctic Treaty area, ensuring adherence to stringent environmental impact assessment processes to safeguard the Antarctic environment. The geographic reach of the Act is confined to the Antarctic region, with its implementation overseen by the Australian Antarctic Division under the Department of Climate Change, Energy, the Environment and Water. Exclusions, exemptions, or specific thresholds are not explicitly detailed in the notice, but they are typically defined in the broader regulations and guidelines associated with the Act. The application of the Act can be further extended or refined through subordinate instruments, which may provide additional details or specific stipulations regarding the environmental impact assessment processes.

Key Provisions

The key operative sections of the Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993, as referenced in the Notice of Availability of a Draft Comprehensive Environmental Evaluation, involve the submission and review of an environmental impact assessment for proposed activities in Antarctica. Specifically, Regulation 10(2) requires the Minister for the Environment and Water to give notice of the availability of a draft comprehensive environmental evaluation for any proposed activity, as in this case, the Petrel Antarctic Base Renovation on Dundee Island, Antarctica (Regulation 10(2)). This regulation mandates that a draft evaluation be prepared under the jurisdiction of a Party to the Antarctic Treaty, in this instance, Argentina (Regulation 10(1)). The obligations and requirements imposed by the Regulations are primarily centred around ensuring that any proposed activity in Antarctica is assessed for its environmental impact. The Regulations require the preparation of a comprehensive environmental evaluation, which must include an assessment of the potential effects of the proposed activity on the Antarctic environment and dependent and associated ecosystems (Regulation 10(1)). The evaluation must also include a description of the proposed activity, a description of the environmental baseline, and a description of the measures that will be taken to mitigate any adverse environmental impacts (Regulation 10(1)). The Regulations also impose obligations on the parties or entities involved in the proposed activity. The party responsible for the proposed activity, in this case, Argentina, must prepare the draft comprehensive environmental evaluation and ensure that it meets the requirements of the Regulations (Regulation 10(1)). The Delegate of the Minister for the Environment and Water, in this instance, Gillian Louise Slocum, is responsible for giving notice of the availability of the draft evaluation and receiving comments on it (Regulation 10(2)). The public is also given an opportunity to review the draft evaluation and provide comments (Regulation 10(2)). Breach of the Regulations may result in civil or criminal consequences. Under section 13 of the Environment Protection and Biodiversity Conservation Act 1999, a person who contravenes a provision of the Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 may be liable to a penalty of up to $222,200 for a corporation and $44,440 for an individual (section 13(1)). Additionally, under section 14 of the same Act, a person who engages in conduct that constitutes a breach of the Regulations may be subject to criminal prosecution and, upon conviction, a fine of up to $666,600 for a corporation and $133,330 for an individual, or imprisonment for up to two years, or both (section 14(1)).