Notice of Completion of an Initial Environmental Evaluation: Denman Terrestrial Campaign: Operational Support 2023-25

Overview

The Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 were enacted to provide a regulatory framework for assessing the environmental impact of activities in Antarctica, ensuring compliance with the Antarctic Treaty System and the Protocol on Environmental Protection to the Antarctic Treaty. This legislative instrument addresses the need for thorough environmental scrutiny of activities in the Antarctic region, particularly those undertaken by Australian entities. The policy objective of these regulations is to safeguard the pristine Antarctic environment while allowing for scientific research and operational activities that are essential for understanding and monitoring global ecological processes. The regulations are administered by the Delegate of the Minister for the Environment and Water, who is tasked with evaluating the potential environmental impacts of proposed activities and authorising them if they are deemed to have a minor or transitory impact, as exemplified in the recent notice regarding the Denman Terrestrial Campaign – Operational Support 2023-25.

Scope and Application

The Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 apply to any activity proposed to be carried out under the Antarctic Treaty Area, which is a geographic region governed by the Antarctic Treaty system and encompasses the continent of Antarctica and its surrounding seas. These regulations impose an obligation on individuals and entities planning to undertake activities in this area to conduct an initial environmental evaluation (IEE) to assess the potential environmental impact of their proposed actions. The regulations apply to the Australian Antarctic Division of the Department of Climate Change, Energy, the Environment and Water, as evidenced by the notice concerning the Denman Terrestrial Campaign – Operational Support 2023-25. The Delegate of the Minister for the Environment and Water has determined that this specific campaign is likely to have a minor or transitory impact on the environment, thereby authorising the Australian Antarctic Division to proceed with the activity. The scope of the Act extends to activities within the Antarctic Treaty Area, which is defined by the geographic boundaries outlined in the Antarctic Treaty. Any exclusions or exemptions from the requirements of an IEE are not detailed in the provided text but would typically be determined on a case-by-case basis, taking into account the nature and scale of the proposed activity.

Key Provisions

The key sections of the Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 relevant to this notice include Regulation 7, which requires the delegate of the Minister for the Environment and Water to give public notice of the completion of an initial environmental evaluation for any proposed activity in Antarctica. According to Regulation 7, this notice must state the delegate's determination regarding the likely environmental impact of the proposed activity and whether the activity has been authorised. In this case, Kelly Buchanan, as the Delegate of the Minister for the Environment and Water, has determined that the proposed Denman Terrestrial Campaign – Operational Support 2023-25 is likely to have a minor or transitory impact on the environment (Reg. 7). Based on this determination, Buchanan has authorised the Australian Antarctic Division of the Department of Climate Change, Energy, the Environment and Water to carry on the activity (Reg. 7). The obligations and requirements imposed by the Act on the parties or entities it governs include the completion of an initial environmental evaluation (IEE) for any proposed activity in Antarctica that is likely to have an environmental impact. The IEE must be prepared in accordance with the requirements set out in the Antarctic Treaty (Environment Protection) Act 1980 and the Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993. The IEE must include a description of the proposed activity, the likely environmental impact of the activity, and any measures that will be taken to mitigate or avoid the impact. The IEE must also be made available to the public, either by publication in the Gazette or by other means (s. 12H(2)). The delegate of the Minister for the Environment and Water must then determine whether the proposed activity is likely to have a minor or transitory impact on the environment, and whether the activity should be authorised (s. 12J(1)). The Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 provide for offences and penalties for breaches of the Act. Any person who contravenes a provision of the Act or the Regulations is guilty of an offence and liable to a penalty. The maximum penalty for a corporation is $5.25 million, and the maximum penalty for an individual is $250,000 or imprisonment for two years, or both (s. 47). In addition, any person who carries on an activity in Antarctica without authorisation, or who fails to comply with any condition of their authorisation, is guilty of an offence and liable to a penalty of up to $1.05 million (s. 46). The Act also provides for civil and criminal consequences for breaches of the Act, including injunctions, damages, and criminal prosecution.