Notice of Completion of an Initial Environmental Evaluation: Denman Terrestrial Campaign: Operational Support 2022-23

Overview

The Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 were enacted to provide a framework for environmental impact assessments of activities in Antarctica under the Antarctic Treaty (Environment Protection) Act 1980. The primary problem or gap this legislation addresses is ensuring that activities in the Antarctic region are managed in a way that minimises their environmental impact, in accordance with Australia's international obligations under the Antarctic Treaty system. The policy objective is to maintain the pristine nature of the Antarctic environment while allowing for necessary scientific research and support activities. These regulations were enacted by the Australian Government, as part of its commitment to the protection of the Antarctic environment, and they mandate that any proposed activities that might significantly affect the Antarctic environment must undergo an environmental impact assessment process before being approved. The Delegate of the Minister for the Environment and Water, in this case, has determined that the proposed Denman Terrestrial Campaign – Operational Support 2022-23 is likely to have a minor or transitory impact on the environment and has authorised the activity accordingly.

Scope and Application

The Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 apply to any person or entity proposing to undertake activities in the Antarctic region that are likely to impact the Antarctic environment. The regulations are implemented under the Antarctic Treaty (Environment Protection) Act 1980 and extend to all Australian citizens, residents, and entities as well as foreign nationals and entities operating in Australian Antarctic Territory. The scope of these regulations is confined to activities that may affect the Antarctic environment and require an environmental impact assessment. The regulations provide a framework for assessing the environmental risks associated with proposed activities and determining whether they may proceed with appropriate measures in place to mitigate any potential harm. The application of these regulations can be extended or restricted through subordinate instruments, which allow for the detailed specification of assessment criteria and procedural requirements. Notably, these regulations do not exempt any activities from the need for an environmental impact assessment, though the level of assessment required may vary based on the nature and scale of the proposed activity.

Key Provisions

The Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993, specifically Regulation 7, mandates that any person intending to conduct an activity in Antarctica must provide notice of the completion of an Initial Environmental Evaluation (IEE) to the Minister for the Environment and Water. This notice must be given before the activity commences. In the context of the Denman Terrestrial Campaign – Operational Support 2022-23, the delegate of the Minister for the Environment and Water, Gaia Puleston, has determined that the proposed activity is likely to have a minor or transitory impact on the Antarctic environment, as per sections 12H and 12J of the Antarctic Treaty (Environment Protection) Act 1980. Following this determination, Ms. Puleston has authorised the Australian Antarctic Division of the Department of Climate Change, Energy, the Environment and Water to proceed with the activity. The Act imposes several obligations and requirements on entities or individuals conducting activities in Antarctica. These include the necessity to complete an IEE that assesses the potential environmental impact of the proposed activity. This evaluation must be thorough and based on current scientific understanding, ensuring that all foreseeable environmental effects are considered. Furthermore, the entity or individual must submit this IEE to the Minister for the Environment and Water for review and determination. The Act also necessitates transparency and public access to the IEE, with details available upon request from the Environmental Management Unit at the Australian Antarctic Division. Failure to comply with the requirements of the Act and the Regulations can result in significant legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the provided notice, it is known that breaches of environmental regulations in the context of the Antarctic Treaty system can lead to substantial penalties. Such penalties may include fines, imprisonment, or other enforcement actions as determined by the relevant authorities. The Antarctic Treaty system is designed to protect the Antarctic environment, and violations of its provisions can therefore have serious repercussions for individuals and entities engaging in activities within the Antarctic Treaty Area.