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Act No. 156 of 1992 as made
An Act to amend the legislation relating to the protection of the environment in the Antarctic
Date of Assent 11 Dec 1992
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156, 1992

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - TABLE OF PROVISIONS

TABLE OF PROVISIONS
PART 1 - PRELIMINARY
Section
1. Short title
2. Commencement
PART 2 - AMENDMENTS OF THE ANTARCTIC TREATY (ENVIRONMENT
PROTECTION) ACT 1980
3. Principal Act
4. Preamble
5. Insertion of new heading:
PART 1 - PRELIMINARY
6. Interpretation
7. Act binds Crown
8. Insertion of new sections and heading:
7A. Necessity to act in accordance with basic
environmental principles
PART 2 - CONSERVATION OF ANTARCTIC FAUNA AND FLORA
7B. Interpretation
9. Insertion of new section:
7C. Specially protected species
10. Repeal of section 7B
11. Repeal of section 8 and insertion of new sections:
8. Antarctic specially protected areas etc.
8A. Historic sites and monuments
12. Grant and renewal of permit
13. Restrictions applicable to permits
14. Variation, suspension and revocation of permits
15. New Part and heading inserted:
PART 3 - ENVIRONMENTAL IMPACT ASSESSMENT
12A. Interpretation
12B. Object of Part
12C. Part does not apply to certain activities
12D. Preliminary assessment of likely impact of activity
on Antarctic environment
12E. Preliminary determination of likely impact of
activity
12F. Activity to proceed if impact negligible
12G. Initial environmental evaluation
12H. Determination of likely impact of activity based on
initial environmental evaluation
12J. Authorisation of activity likely to have minor etc.
impact on environment
12K. Comprehensive environmental evaluation
12L. Authorisation of activity likely to have more than
minor etc. impact on environment
12M. Notice of authorisation
12N. Variation, suspension and revocation of
authorisation
12P. Variation etc. of conditions
12Q. Monitoring of activities
PART 4 - INSPECTORS
16. Insertion of new heading:
PART 5 - OFFENCES
17. Offences relating to the environment
18. Insertion of new sections:
19A. Prohibition against mining in the Territory
19B. Prohibition against mining in the Antarctic
19C. Prosecution of offences
19. Furnishing information
20. Insertion of new section:
21A. Unauthorised activities
21. Repeal of section
22. Insertion of new heading:
PART 6 - MISCELLANEOUS
23. Repeal of section 27 and insertion of new section:
27. Delegation
24. Review of decisions
25. Regulations
26. Heading to Schedule
27. Further amendments
28. Addition of Schedules
PART 3 - AMENDMENT OF THE ANTARCTIC MARINE LIVING RESOURCES
CONSERVATION ACT 1981
29. Principal Act
30. Arrest without warrant
PART 4 - REPEAL OF ANTARCTIC MINING PROHIBITION ACT 1991
31. Repeal of Act
SCHEDULE 1

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FURTHER AMENDMENTS OF THE ANTARCTIC TREATY
(ENVIRONMENT PROTECTION) ACT 1980
SCHEDULE 2
SCHEDULES TO BE ADDED AT THE END OF THE
ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - LONG TITLE

An Act to amend the legislation relating to the
protection of the environment in the Antarctic

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - PART 1
PART 1 - PRELIMINARY

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 1
Short title

(Assented to 11 December 1992)
1. This Act may be cited as the Antarctic (Environment Protection) Legislation Amendment Act 1992.

(Minister's second reading speech made in-
House of Representatives on 14 October 1992
Senate on 9 November 1992)

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 2
Commencement

2. (1) Parts 1 and 3 commence on the day on which this Act receives the Royal Assent.

(2) Subsections 12(2) and 17(2) commence on 1 April 1994.

(3) Subject to subsection (4), subsection 6(2), section 9, paragraph 12(3)(b), subsections 13(3) and (4) and 17(3), sections 18 and 27 and Part 4 commence on a day to be fixed by Proclamation, being a day not earlier than the day on which the Protocol on Environmental Protection to the Antarctic Treaty done, and opened for signature, at Madrid on 4 October 1991 (the "Protocol") enters into force.

(4) If the provisions referred to in subsection (3) do not commence under that subsection within the period of 6 months beginning on the day on which the Protocol enters into force, they commence on the first day after the end of that period.

(5) Subject to subsection (6), subsections 4(2) and 6(3), sections 10 and 11, paragraph 12(3)(a), subsections 13(5) and (6), 17(4), 19(2) and 25(2) commence on a day to be fixed by Proclamation, being a day not earlier than the day on which Annex V to the Protocol becomes effective as provided by Recommendation XVI10 adopted by the XVIth Antarctic Treaty Consultative Meeting at Bonn on 18 October 1991.

(6) If the provisions referred to in subsection (5) do not commence under that subsection within the period of 6 months beginning on the day on which Annex V to the Protocol becomes effective, they commence on the first day after the end of that period.

(7) The remaining provisions of this Act commence on the first day after the end of the period of 6 months beginning on the day on which this Act receives the Royal Assent.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - PART 2
PART 2 - AMENDMENTS OF THE ANTARCTIC TREATY (ENVIRONMENT
PROTECTION) ACT 1980

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 3
Principal Act

3. In this Part, "Principal Act" means the Antarctic Treaty (Environment Protection) Act 1980.*1* *1* No. 103, 1980, as amended. For previous amendments, see No. 65, 1985; No. 76, 1986; and No. 63, 1988.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 4
Preamble

4.(1) The Preamble to the Principal Act is amended by adding at the end the following paragraphs:
"AND WHEREAS Australia is a party to the Protocol on Environmental Protection to the Antarctic Treaty:
"AND WHEREAS it is desirable to make provision for giving effect to that Protocol:
"AND WHEREAS it is desirable to make other provision relating to the protection of the environment in the Antarctic:".
(2) The Preamble to the Principal Act is amended:
(a) by omitting the first and second paragraphs;
(b) by omitting "AND" from the third paragraph.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 5
Insertion of new heading

5. Before section 1 of the Principal Act the following heading is inserted:
"PART 1 - PRELIMINARY".

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ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 6
Interpretation

6.(1) Section 3 of the Principal Act is amended:
(a) by inserting in the definition of "animal" in subsection (1) ", a native invertebrate" after "bird";
(b) by inserting in the definition of "permit" in subsection (1) "Part 2 of" after "under";
(c) by omitting from the definition of "Seals Convention" in subsection (1) "the Schedule)" and substituting the following words and paragraphs:
"Schedule 1) as affected by the amendments to the Annex to the Convention that:
(a) were recommended by the representatives of the Contracting Parties to the Convention at their 1988 Meeting to Review the Operation of the Convention; and
(b) were included in paragraphs 21, 31 and 36 of their Report of that meeting, a copy of the English text of which is set out in Schedule 2; and
(c) became effective on 27 March 1990";
(d) by omitting from subsection (1) the definitions of "native bird" and "native mammal" and substituting the following definitions:
" 'native bird' means:
(a) any member, at any stage of its life cycle (including eggs), of any species of the Class Aves that:
(i) is indigenous to the Antarctic; or
(ii) comes to the Antarctic seasonally through natural
migrations; or
(b) any dead specimen of any species referred to in paragraph (a);
'native mammal' means:
(a) any member, at any stage of its life cycle, of any species of the Class Mammalia indigenous to the Antarctic except whales and seals; or
(b) any member, at any stage of its life cycle, of any species of the Class Mammalia that comes to the Antarctic seasonally through natural migration except whales and seals; or
(c) any dead specimen of any species referred to in paragraph (a) or (b) except whales and seals;";
(e) by inserting in subsection (1) the following definitions:
" 'basic environmental principles' means the environmental principles set out in Article 3 of the Madrid Protocol;
'CAMLR Convention' means the Convention on the Conservation of Antarctic Marine Living Resources, a copy of the English text of which is set out in the Schedule to the Antarctic Marine Living Resources Conservation Act 1981;
'CEMP site' means a monitoring site:
(a) established for the purposes of the Ecosystem Monitoring Program conducted by the Parties to the CAMLR Convention; and
(b) the management plan for which has been adopted by the Commission for the Conservation of Antarctic Marine Living Resources in accordance with Conservation Measure 18/IX adopted by the Commission, which became binding on Australia on 7 May 1991;
'Madrid Protocol' means the Protocol on Environmental Protection to the Antarctic Treaty, a copy of the English text of which (apart from Annex IV to it) is set out in Schedule 3, being the Protocol done, and opened for signature, at Madrid on 4 October 1991 to which, in accordance with Recommendation XVI-10 adopted by the XVIth Antarctic Treaty Consultative Meeting at Bonn on 18 October 1991, the Annex attached to that Recommendation has been added as Annex V to the Protocol;
'native invertebrate' means any terrestrial or fresh water invertebrate, at any stage of its life cycle, indigenous to the Antarctic;
'whale' means any member of the sub-order Mysticeti or Odontoceti of the order Cetacea.";
(f) by omitting from subsection (3) "or 7A" and substituting ", 7A or 86";
(g) by omitting from subsection (5) "Agreed Measures" and substituting "Madrid Protocol";
(h) by omitting from subsection (5) "those Measures" (wherever occurring) and substituting "the Protocol".

(2) Section 3 of the Principal Act is amended:
(a) by omitting from the definition of "corresponding law" in subsection (1) "Agreed Measures" and substituting "Madrid Protocol";
(b) by omitting from the definition of "specially protected species" in subsection (1) "or native bird declared under subsection 8(7)" and substituting ", native bird or native plant declared under section 7C";
(c) by omitting from subsection (1) the definition of "authority of another Contracting Party";
(d) by inserting in subsection (1) the following definitions:
" 'Australian national' means:
(a) an Australian citizen; and
(b) a body corporate that is incorporated in Australia or carries on its activities mainly in Australia;
'continental shelf' has the same meaning as in the Seas and Submerged Lands Act 1973;
'mineral' means any non-living, non-renewable natural resource;

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'mining activity' means an activity carried on for, or in connection with, the recovery or exploitation of minerals (including prospecting and exploring for minerals), but does not include an activity that is necessary for scientific investigation or scientific research within the meaning of the Treaty;
'recognised foreign authority' means a permit, authority or arrangement that:
(a) authorises the carrying on of an activity in the Antarctic; and
(b) has been issued, given or made by a Party (other than Australia) to the Madrid Protocol that has accepted under that Protocol the same obligations as Australia in relation to the carrying on of that activity in the Antarctic;".

(3) Section 3 of the Principal Act is amended:
(a) by omitting from subsection (1) the definitions of "Agreed Measures", "site of special scientific interest" and "specially protected area";
(b) by inserting in subsection (1) the following definitions:
" 'Antarctic specially managed area' means an area declared to be an Antarctic specially managed area under section 8;
'Antarctic specially protected area' means an area declared to be an Antarctic specially protected area under section 8;
'historic monument' means a monument declared to be an historic monument under section 8A;
'historic site' means a site declared to be an historic site under section 8A;".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 7
Act binds Crown

7. Section 6 of the Principal Act is amended by omitting "and of the Northern Territory" and substituting ", of the Australian Capital Territory, of the Northern Territory and of Norfolk Island".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 8

8. After section 7 of the Principal Act the following sections and heading are inserted:

Necessity to act in accordance with basic environmental principles
"7A. In exercising powers and performing duties under this Act, the Minister must act in a manner that is consistent with the basic environmental principles.

"PART 2 - CONSERVATION OF ANTARCTIC FAUNA AND FLORA
Interpretation
"7B. Except so far as the contrary intention appears, an expression (other than an expression defined in section 3) that is used both in this Part and in the Agreed Measures (whether or not a particular meaning is given to it by those Measures) has, in this Part, the same meaning as in those Measures.".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 9

9. After section 7B of the Principal Act the following section is inserted:

Specially protected species
"7C.(1) Subject to subsection (2), if a species of native mammal, native bird or native plant is specified in Annex II to the Madrid Protocol for the purpose of designation as a specially protected species, the Minister may, by notice in the Gazette, declare that species to be a specially protected species.

"(2) If a species of native mammal or native bird was, immediately before the commencement of this section, a specially protected species because of a declaration under subsection 8(7) as then in force, that declaration has effect, for the purposes of this Act, as if it were a declaration made under subsection (1) on the commencement of this section.

"(3) The Minister may, by notice published in the Gazette, vary or revoke a declaration made under subsection (1) or referred to in subsection (2).".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 10
Repeal of section 7B

10. Section 7B of the Principal Act is repealed.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 11

11. Section 8 of the Principal Act is repealed and the following sections are substituted:

Antarctic specially protected areas etc.
"8.(1) In this section:
'area' means:
(a) an area of land or sea within the Antarctic; or
(b) an area of any such land and any such sea.

"(2) Subject to subsection (4), the Governor-General may:
(a) by Proclamation, declare an area specified in the Proclamation to be an Antarctic specially protected area; and
(b) by the same or by another Proclamation, declare an area specified in the Proclamation to be an Antarctic specially managed area.

"(3) An area may not be declared to be an Antarctic specially protected area or an Antarctic specially managed area unless the Antarctic Treaty Consultative Parties have adopted a management plan in respect of the area

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under Article 6 of Annex V to the Madrid Protocol.

"(4) If an area is declared by Proclamation under subsection (2) to be an Antarctic specially protected area or an Antarctic specially managed area:
(a) the subsoil beneath any land within the area, extending to the depth below the surface that is specified in the Proclamation; and
(b) the waters and sea-bed beneath any ice shelf or sea within the area; and
(c) the subsoil beneath any such sea-bed, extending to the depth below the sea-bed that is specified in the Proclamation;
is taken to be within the Antarctic specially protected area or the Antarctic specially managed area.

"(5) An area that was, immediately before the commencement of this section, a specially protected area or a site of special scientific interest is taken, for the purposes of this Act, to have been declared to be an Antarctic specially protected area by a Proclamation made under subsection (2) on the commencement of this section.

"(6) The Governor-General may, by Proclamation:
(a) vary the boundaries of an Antarctic specially protected area or Antarctic specially managed area in accordance with an amendment of the management plan adopted by the Antarctic Treaty Consultative Parties; or
(b) revoke a declaration made, or taken to have been made, under subsection (2) if the management plan in respect of the area to which the declaration relates is revoked.

Historic sites and monuments
"8A.(1) Subject to subsection (2), the Governor-General may, by Proclamation, declare a site or monument specified in the Proclamation to be an historic site or an historic monument.

"(2) A site or a monument may not be declared to be an historic site or an historic monument unless the Antarctic Treaty Consultative Parties have approved the listing of the site or monument as an historic site or an historic monument under Article 8 of Annex V to the Madrid Protocol.

"(3) The Governor-General may, by Proclamation, vary or revoke a Proclamation made under subsection (1) in respect of a site or monument if the Antarctic Treaty Consultative Parties have amended or revoked the listing of the site or monument as an historic site or historic monument.".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 12
Grant and renewal of permit

12.(1) Section 9 of the Principal Act is amended:
(a) by omitting from subsection (1) "(1)(e)" and substituting "(1)(ca), (1)(e)";
(b) by inserting after subsection (1) the following subsection:
"(1A) The permit must specify the area in which the activity is to be carried on.";
(c) by inserting after subsection (2) the following subsections:

"(2A) The Minister may not grant a permit authorising an activity to which Part 3 applies unless the Minister has, under that Part, authorised the proponent of the activity (within the meaning of that Part) to carry on the activity.

"(2B) The Minister may not grant a permit authorising a person to carry on an activity in a CEMP site unless a permit authorising the person to enter the site has been granted:
(a) under regulations made under the Antarctic Marine Living Resources Conservation Act 1981; or
(b) by another Contracting Party to the CAMLR Convention.";
(d) by omitting subsection (6).

(2) Section 9 of the Principal Act is amended:
(a) by inserting in subsection (1) "(1)(caa)" after "paragraphs";
(b) by omitting from subsection (1) ", (2)(f)".

(3) Section 9 of the Principal Act is amended:
(a) by inserting in subsection (1) ", (1)(f)" after "(1)(e)";
(b) by omitting from subsection (2) "Agreed Measures" and substituting "Madrid Protocol".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 13
Restrictions applicable to permits

13.(1) Section 10 of the Principal Act is amended:
(a) by inserting in subparagraph (1)(a)(ii) ", the habitats essential to their existence" after "species";
(b) by omitting subparagraph (1)(b)(i) and substituting the following subparagraph:
"(i) the construction and operation of scientific support
facilities; and";
(c) by inserting in subparagraph (1)(c)(ii) "or recovery of that species or of the local population" after "survival";
(d) by omitting subsection (2) and substituting the following subsections:

"(1A) A permit authorising a person to kill, take, injure or otherwise interfere with a native bird or mammal must specify as a condition of the permit that the bird or mammal is to be dealt with in the manner that involves the least degree of pain and suffering practicable.

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"(1B) A permit must not authorise a person to gather, collect, endanger or otherwise interfere with a native plant unless:
(a) the Minister is satisfied, after taking into account the number of native plants of any species that may be affected because of that permit and all other permits granted under section 9 or under corresponding laws, that the variety of species of native plants, the habitats essential to the existence of native animals and native plants, and the balance of the natural ecological systems, existing within the Antarctic will be maintained; and
(b) the permit is so expressed as to ensure, as far as possible, that the activities authorised by the permit will be carried on to the extent only that they are necessary for:
(i) the construction and operation of scientific support
facilities; and
(ii) providing specimens for scientific research, public
education (including display in museums, herbaria, botanical gardens or other educational or cultural institutions) or such other educational or cultural purposes as the Minister thinks fit.

"(2) A permit must not authorise a person to bring into the Antarctic:
(a) a dog; or
(b) a live bird that is not indigenous to the Antarctic.";
(e) by inserting in subsection (3) "(other than a dog or live bird)" after "animal";
(f) by omitting paragraph (4)(b) and substituting the following paragraph:
"(b) removed from the Antarctic or destroyed:
(i) if it has served its purpose before the permit ceases to be
in force - as soon as possible after it has served its purpose; or
(ii) if subparagraph (i) does not apply - when the permit ceases
to be in force.";
(g) by omitting subsection (5) and substituting the following subsection:

"(5) A permit authorising a person to bring into the Antarctic animals or plants that are not indigenous to the Antarctic must:
(a) specify:
(i) the number of animals or plants to which the permit relates;
and
(ii) the species of the animals or plants; and
(iii) if appropriate in the case of a permit relating to animals
- the age and sex of each of the animals; and
(b) specify as a condition of the permit that the person must take all reasonable precautions to prevent any of the animals from escaping or any of the animals or plants from coming in contact with the native fauna or flora.";
(h) by adding at the end of subsection (6) the following word and paragraph:
"; and (c) if there is a management plan for the area - the activity can be carried on in accordance with the management plan".

(2) The amendments made by subsection (1) do not apply in relation to a permit granted before the commencement of that subsection.

(3) Section 10 of the Principal Act is amended:
(a) by adding at the end of subsection (1B) the following word and paragraph:
"; and (c) in the case of a permit relating to a specially protected species:
(i) the permit is granted for a compelling scientific purpose;
and
(ii) the Minister is satisfied that the activities authorised by
the permit will not jeopardise the existing ecological system or the survival or recovery of that species or of the local population of plants of that species.".
(b) by omitting from subsection (3) "the Agreed Measures" and substituting "Annex II to the Madrid Protocol".

(4) The amendments made by subsection (3) do not apply in relation to a permit granted before the commencement of that subsection.

(5) Section 10 of the Principal Act is amended:
(a) by omitting from subsection (6) "a specially protected area" and substituting "an Antarctic specially protected area in respect of which a management plan has not been adopted";
(b) by omitting from paragraph (6)(b) "and";
(c) by omitting paragraph (6)(c);
(d) by adding at the end the following subsections:

"(7) A permit must not authorise any activity to be carried on in an Antarctic specially protected area in respect of which a management plan has been adopted unless the activity can be carried on in accordance with the management plan.

"(8) A permit authorising a person to carry on an activity in an Antarctic specially protected area must specify as a condition of the permit that the person must have the permit in his or her possession when the person is in the area.".

(6) The amendments made by subsection (5) do not apply in relation to a permit granted before the commencement of that subsection.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of
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1992 - SECT 14
Variation, suspension and revocation of permits

14. Section 11 of the Principal Act is amended by inserting after subsection (1) the following subsection:
"(1A) If the holder of a permit so requests in writing (giving reasons for the request), the Minister may, by notice in writing served as provided in subsection (1), vary the permit if the Minister is satisfied that:
(a) the reasons given justify the variation; and
(b) the permit if varied would not authorise any activity that is likely to affect adversely the conservation or protection of the fauna and flora of the Antarctic.".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 15

15. After section 12 of the Principal Act the following Part and heading are inserted:

"PART 3 - ENVIRONMENTAL IMPACT ASSESSMENT
Interpretation
"12A. In this Part, unless the contrary intention appears:
'environment' means the Antarctic environment and dependent and associated eco-systems.

Object of Part
"12B. The object of this Part is to provide for:
(a) the assessment of proposed activities in the Antarctic to identify the impact that they are likely to have on the environment; and
(b) the regulation of activities that are likely to have an adverse impact on the environment.

Part does not apply to certain activities
"12C.(1) The Minister may determine in writing that this Part does not apply to activities of a kind specified in the determination if the Minister is satisfied that, because of their nature, those activities are likely to have no more than a negligible impact on the Antarctic environment.

"(2) This Part does not apply to:
(a) any mining activity; and
(b) any activity of a kind specified in a determination under subsection (1).

Preliminary assessment of likely impact of activity on Antarctic environment
"12D.(1) If, after the commencement of this Part:
(a) a person or organisation proposes to carry on an activity in the Territory; or
(b) a person or organisation in relation to whom this Act applies outside Australia proposes to carry on an activity in an area of the Antarctic other than the Territory;
the person or organisation proposing to carry on the activity (the 'proponent of the activity') must:
(c) make, or cause to be made, a preliminary assessment of the impact (if any) that the activity is likely to have on the environment; and
(d) give a written report of the assessment to the Minister.

"(2) If:
(a) after the commencement of this Part, a change is proposed, or occurs, in an activity ('original activity') that was being carried on immediately before the commencement of this Part; or
(b) a change is proposed, or occurs, in an activity ('original activity') that is authorised to be carried on under this Part;
the activity as proposed to be changed, or as changed, is to be treated, for the purposes of subsection (1), as being a new activity (different from the original activity) that a person or organisation proposes to carry on.

Preliminary determination of likely impact of activity
"12E. After considering the preliminary assessment, the Minister must:
(a) determine whether the activity is likely to have:
(i) more than a minor or transitory impact; or
(ii) a minor or transitory impact; or
(iii) no more than a negligible impact;
on the environment; and
(b) inform the proponent of the activity in writing of his or her decision.

Activity to proceed if impact negligible
"12F.(1) If the Minister determines that the activity is likely to have no more than a negligible impact on the environment, the Minister must, by notice in writing, authorise the proponent of the activity to carry on the activity.

"(2) The authorisation may be given subject to the conditions specified in the notice being complied with.

Initial environmental evaluation
"12G.(1) If the Minister determines that the activity is likely to have a minor or transitory impact on the environment, the proponent of the activity must prepare or cause to be prepared, and give to the Minister, an initial environmental evaluation in respect of the activity.

"(2) An initial environmental evaluation in respect of an activity is a written report that:
(a) contains (but is not limited to) the matters that under the regulations are required to be included in the evaluation; and
(b) assesses the impact that the activity is likely to have on the

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environment in a manner that allows for a reasoned conclusion to be reached whether the activity is to have:
(i) a minor or transitory impact; or
(ii) more than a minor or transitory impact;
on the environment; and
(c) if the assessment indicates that the impact on the environment is likely to be minor or transitory - makes recommendations as to the measures considered necessary for assessing and verifying any impact on the environment.

"(3) If, after considering the initial environmental evaluation, the Minister is of the view that additional information is required to make a determination under section 12H, or to impose conditions on the giving of an authorisation under section 12J, the Minister may request in writing the proponent of the activity to submit a revised evaluation that contains the additional information required.

Determination of likely impact of activity based on initial environmental evaluation
"12H. After considering the initial environmental evaluation or the revised initial environmental evaluation (as the case may be), the Minister must determine whether the activity is likely to have:
(a) a minor or transitory impact; or
(b) more than a minor or transitory impact;
on the environment.

Authorisation of activity likely to have minor etc. impact on environment
"12J.(1) If the Minister determines that the activity is likely to have a minor or transitory impact on the environment, the Minister must, by notice in writing, authorise the proponent of the activity to carry on the activity.

"(2) The authorisation may be given subject to the conditions specified in the notice being complied with, being conditions imposed to ensure that the activity is carried on in a manner that is consistent with the basic environmental principles.

"(3) The conditions must include (but are not limited to) conditions requiring that specified procedures aimed at assessing, verifying and limiting the impact of the activity on the environment are complied with.

"(4) The authorisation is also subject to any prescribed condition.

Comprehensive environmental evaluation
"12K.(1) If the Minister determines under section 12E or 12H that the activity is likely to have more than a minor or transitory impact on the environment, the proponent of the activity must prepare or cause to be prepared, and give to the Minister:
(a) a draft comprehensive environmental evaluation in relation to the activity; and
(b) after the procedures provided for in the regulations for dealing with a draft comprehensive environmental evaluation have been complied with - a final comprehensive environmental evaluation in relation to the activity.

"(2) A draft comprehensive environmental evaluation and a final comprehensive environmental evaluation are reports that each:
(a) contain (but are not limited to) the matters that under the regulations are to be included in an evaluation of that kind; and
(b) make a comprehensive assessment of the impact that the activity is likely to have on the environment; and
(c) make recommendations as to the measures (if any) considered necessary for assessing and verifying any impact on the environment.

"(3) The regulations may provide for the procedures to be followed by the Minister in dealing with:
(a) a draft comprehensive environmental evaluation; and
(b) a final comprehensive environmental evaluation;
received by the Minister under this section.

Authorisation of activity likely to have more than minor etc. impact on environment
"12L.(1) After dealing with the final comprehensive environmental evaluation in relation to the activity as required under the regulations, the Minister must decide whether or not to authorise the carrying on of the activity.

"(2) If, having regard to the contents of the final comprehensive environmental evaluation and any other relevant consideration, the Minister is satisfied that the activity, either as proposed or with certain modifications, can be carried on in a manner consistent with the basic environmental principles, the Minister must, by notice published in the Gazette, authorise the proponent of the activity to carry on the activity as proposed or modified.

"(3) The authorisation may be given subject to the conditions specified in the notice being complied with, being conditions imposed to ensure that the activity is carried on in a manner that is consistent with the basic environmental principles.

"(4) The authorisation is also subject to any prescribed condition.

"(5) If the Minister is not satisfied as provided in subsection (2), the Minister must not authorise the carrying on of the activity.

"(6) A decision not to approve the activity must:
(a) be notified in the Gazette; and
(b) give the reasons for the decision.

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Notice of authorisation
"12M.(1) A notice of authorisation given under section 12F, 12J or 12L must describe the activity that is authorised.

"(2) A notice may specify that the authorisation extends to the persons who are to carry on the activity on behalf of, or under the control, of the proponent of the activity.

Variation, suspension and revocation of authorisation
"12N.(1) The Minister may, by notice given in accordance with the regulations, vary an authorisation to carry on an activity given under this Part if the Minister is satisfied that it is necessary to do so to act consistently with the basic environmental principles.

"(2) If the person authorised to carry on an activity so requests in writing (giving reasons for the request) the Minister may, by notice given in accordance with the regulations, vary the authorisation if the Minister is satisfied that:
(a) the reasons given justify the variation; and
(b) it would not be inconsistent with the basic environmental principles to vary the authorisation as requested.

"(3) The Minister may, by notice given in accordance with the regulations, vary, suspend or revoke an authorisation to carry on an activity given under this Part if the Minister is satisfied:
(a) that a condition subject to which the authorisation was given has not been, or is not being, complied with; or
(b) it is necessary to do so to act consistently with the basic environmental principles.

"(4) Subject to subsection (5), an authorisation remains suspended for such period (not exceeding 90 days) as is specified in the notice of suspension.

"(5) If proceedings for an offence relating to the carrying on of an activity authorised under this Part are started during a period when the authorisation is suspended, the suspension may be continued until the proceedings (including any appeal) are completed.

Variation etc. of conditions
"12P. If an authorisation under this Part has been given subject to conditions specified in the notice of authorisation, the Minister may, by notice given in accordance with the regulations, vary or revoke any of those conditions or impose further conditions.

Monitoring of activities
"12Q. The regulations may provide for the monitoring of activities authorised under this Part:
(a) to find out whether the activities are carried on in accordance with the authorisation; or
(b) to assess their impact on the environment.
"PART 4 - INSPECTORS".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 16
Insertion of new heading

16. After section 18 of the Principal Act the following heading is inserted:
"PART 5 - OFFENCES".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 17
Offences relating to the environment

17.(1) Section 19 of the Principal Act is amended:
(a) by inserting in paragraph (1)(a) ", a native invertebrate" after "bird";
(b) by inserting after paragraph (1)(c) the following paragraphs:
"(ca) bring into, or keep in, the Antarctic:
(i) non-sterile soil; or
(ii) polychlorinated biphenyls; or
(iii) polystyrene beads or chips or any similar kind of
packaging material; or
"(cb) bring into, or keep in, the Antarctic any pesticide;";
(c) by omitting from paragraph (2)(a) "fly" and substituting "use";
(d) by omitting paragraphs (2)(b), (c), (d) and (e) and substituting the following paragraphs:
"(b) use a vehicle or vessel in a manner that disturbs a concentration of birds;
(c) use an explosive in a manner that disturbs a concentration of birds;
(d) use a firearm in a manner that disturbs a concentration of birds;
(e) while on foot, knowingly or recklessly disturb:
(i) a concentration of birds; or
(ii) a bird that is breeding or moulting;
(ea) carry on any activity that results in:
(i) the habitat of any species of native animal, native bird,
native invertebrate or native plant; or
(ii) any population of native animals, native birds, native
invertebrates or native plants;
being adversely modified to a significant extent;";
(e) by omitting paragraph (3)(a) and substituting the following paragraph:
"(a) the action was done in an emergency:

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(i) to save a person from death or serious injury; or
(ii) to secure the safety of a ship or aircraft or the safety of
equipment or facilities of high value; or
(iii) to protect the environment;";
(f) by omitting from paragraph (3)(b) "domestic fowl" and substituting "bird";
(g) by inserting after paragraph (3)(b) the following paragraph:
"(ba) in the case of action of a kind referred to in paragraph (1)(cb) - the pesticide is to be used for scientific, medical or hygienic purposes;";
(h) by inserting in paragraph (3)(c) "(1)(ca), (1)(cb)," after "paragraph".

(2) Section 19 of the Principal Act is amended:
(a) by inserting after paragraph (1)(c) the following paragraph:
"(caa) keep a dog, or (being the owner of a dog) allow it to remain, in the Antarctic;
(b) by omitting paragraph (2)(f);
(c) by inserting in paragraph (3)(c) "(1)(caa)," after "paragraph";
(d) by omitting from paragraph (3)(c) ", (2)(f)".

(3) Section 19 of the Principal Act is amended by omitting from paragraph (3)(c) "in accordance with an authority of another Contracting Party" and substituting "a recognised foreign authority".

(4) Section 19 of the Principal Act is amended:
(a) by omitting paragraphs (1)(d) to (g) (inclusive) and substituting the following paragraphs:
"(d) enter, or carry on any other activity in, an Antarctic specially protected area;
(e) carry on any activity in an Antarctic specially managed area otherwise than as authorised by the plan of management relating to the area;
(f) cause any damage to or in an historic site;
(g) damage, remove or destroy an historic monument.";
(b) by inserting in paragraph (3)(c) ", (1)(f)" after "(1)(e)".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 18

18. After section 19 of the Principal Act the following sections are inserted:

Prohibition against mining in the Territory
"19A. A person must not engage in a mining activity:
(a) in the Territory; or
(b) on any part of:
(i) the continental shelf of the Territory; or
(ii) the continental shelf of any of the islands known as Heard
Island and McDonald Islands;
that is within the Antarctic.
Penalty: $100,000.

Prohibition against mining in the Antarctic
"19B. An Australian national must not engage in a mining activity in or on an area of the Antarctic other than:
(a) the Territory; or
(b) any area of continental shelf referred to in paragraph 19A(b).
Penalty: $100,000.

Prosecution of offences
"19C.(1) An offence against section 19A or 19B is an indictable offence.

"(2) Despite subsection (1), a court of summary jurisdiction, may hear and determine proceedings in respect of an offence against section 19A or 19B if satisfied that it is proper to do so and the defendant and the prosecutor consent.

"(3) If, under subsection (2), a court of summary jurisdiction convicts a person of an offence against section 19A or 19B, the penalty that the court may impose is a fine not exceeding:
(a) in the case of an individual - $10,000; or
(b) in the case of a body corporate - $50,000.".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 19
Furnishing information

19.(1) Section 21 of the Principal Act is amended by omitting from subsection (1) all words to and including "shall" and substituting the following words and paragraphs: "A person who:
(a) in accordance with a permit or an authority of another Contracting Party:
(i) in the Antarctic gathers, collects, injures or otherwise
interferes with any native plant; or
(ii) in the Antarctic kills, takes, injures or
otherwiseinterferes with any native bird, native mammal or native invertebrate; or
(iii) enters, or carries on any other activity in, a specially
protected area; or
(b) enters a site of special scientific interest or carries on any other activity on the site in accordance with the plan of management relating to the site;
must".

(2) Section 21 of the Principal Act is amended:

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(a) by omitting from subparagraph (1)(a)(iii) "a specially" and substitute "an Antarctic specially";
(b) by omitting paragraph (1)(b).

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 20

20. After section 21 of the Principal Act the following section is
inserted:

Unauthorised activities
"21A.(1) In this section:
'activity' means an activity to which Part 3 applies.

"(2) If a person knowingly or recklessly carries on an activity in the Antarctic without an authorisation of the Minister under Part 3, the person is guilty of an offence punishable on conviction by a fine not exceeding $100,000.

"(3) If:
(a) the Minister authorised under Part 3 the carrying on of an activity in the Antarctic subject to a condition being complied with; and
(b) a person knowingly or recklessly carries on the activity without the condition being complied with;
the person is guilty of an offence punishable on conviction by a fine not exceeding $100,000.

"(4) In a prosecution of a person for an offence against subsection (2) or (3), it is a defence if the person proves:
(a) that the activity was carried on in an emergency:
(i) to save a person from death or serious injury; or
(ii) to secure the safety of a ship or aircraft or the safety of
equipment or facilities of high value; or
(iii) to protect the environment; or
(b) that the person was authorised to carry on the activity under a law of a Contracting Party.

"(5) An offence against subsection (2) or (3) is an indictable offence.

"(6) Despite subsection (5), a court of summary jurisdiction, may hear and determine proceedings in respect of an offence against subsection (2) or (3) if satisfied that it is proper to do so and the defendant and the prosecutor consent.

"(7) If, under subsection (6), a court of summary jurisdiction convicts a person of an offence against subsection (2) or (3), the penalty that the court may impose is a fine not exceeding:
(a) in the case of an individual - $10,000; or
(b) in the case of a body corporate - $50,000.".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 21
Repeal of section

21. Section 24 of the Principal Act is repealed.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 22
Insertion of new heading

22. Before section 25 of the Principal Act the following heading is inserted:
"PART 6 - MISCELLANEOUS".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 23

23. Section 27 of the Principal Act is repealed and the following
section is substituted:

Delegation
"27. The Minister may delegate to an officer of, or a person employed in, the Department all or any of his or her functions and powers under this Act other than:
(a) a function under section 12L; or
(b) the power under section 12N to vary, suspend or revoke an authorisation given under section 12L; or
(c) the power under section 12P to vary or revoke any condition to an authorisation given under section 12L is subject.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 24
Review of decisions

24. Section 28 of the Principal Act is amended by omitting from subsection (1) "or 12" and substituting ", 12, 12E, 12F, 12H, 12J, 12L, 12N or 12P".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 25
Regulations

25.(1) Section 29 of the Principal Act is amended:
(a) by adding at the end of subsection (1) the following word and paragraphs:
"; or (c) providing for the procedures to be followed in dealing with a comprehensive environmental evaluation received from a party to the Madrid Protocol in relation to an activity proposed to be carried on by the party in the Antarctic; or
"; or (d) providing for:
(i) the management and disposal of waste in the Antarctic; or

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(ii) the removal of waste from the Antarctic";
(b) by inserting after paragraph (2)(a) the following paragraph:
"(ab) providing for the payment of a fee in the amount, or at the rate, fixed by or calculated under the regulations in respect of:
(i) the processing of an application for a permit; or
(ii) the grant of a permit; or
(iii) the processing of a preliminary assessment,an initial
environmental evaluation or a comprehensive environmental evaluation under Part 3; or
(iv) the authorisation of an activity under Part 3;".

(2) Section 29 of the Principal Act is amended:
(a) by omitting from subparagraph (1)(a)(ii) "or the Agreed Measures";
(b) by omitting paragraphs (2)(d) and (e) and substituting the following paragraph:
"(d) regulating the conduct of persons in an Antarctic specially protected area or an Antarctic specially managed area;".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 26
Heading to Schedule

26. The heading to the Schedule to the Principal Act is omitted and the following heading is substituted:
"SCHEDULE 1".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 27
Further amendments

27. The Principal Act is amended as set out in Schedule 1.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 28
Addition of Schedules

28. The Principal Act is amended by adding at the end the Schedules set out in Schedule 2.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - PART 3
PART 3 - AMENDMENT OF THE ANTARCTIC MARINE LIVING RESOURCES
CONSERVATION ACT 1981

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 29
Principal Act

29. In this Part, "Principal Act" means the Antarctic Marine Living Resources Conservation Act 1981.*2* *2* No. 30, 1981, as amended. For previous amendments, see No. 163, 1991.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 30
Arrest without warrant

30. Section 15 of the Principal Act is amended by adding at the end the following subsection:

"(4) Nothing in this section prevents the arrest of a person under any other law.".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - PART 4
PART 4 - REPEAL OF ANTARCTIC MINING PROHIBITION ACT 1991

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SECT 31
Repeal of Act

31. The Antarctic Mining Prohibition Act 1991 is repealed.

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SCHEDULE 1

SCHEDULE 1 Section 27
FURTHER AMENDMENTS OF THE ANTARCTIC TREATY
(ENVIRONMENT PROTECTION) ACT 1980
Subsection 7(1):
Omit "an authority of another Contracting Party", substitute "a
recognised foreign authority".
Subsections 8(7) and (8):
Omit the subsections.
Subsection 12(2):
Omit "Agreed Measures", substitute "Madrid Protocol".
Subsection 17(8):
Omit "an authority of another Contracting Party", substitute "a
recognised foreign authority".
Subsection 21(1):
Omit "an authority of another Contracting Party", substitute "a
recognised foreign authority".

ANTARCTIC (ENVIRONMENT PROTECTION) LEGISLATION AMENDMENT ACT 1992 No. 156 of 1992 - SCHEDULE 2

SCHEDULE 2 Section 28
SCHEDULES TO BE ADDED AT THE END OF THE ANTARCTIC TREATY
(ENVIRONMENT PROTECTION) ACT 1980
SCHEDULE 2 Section 3
ENGLISH TEXT OF PARAGRAPHS 21, 31 AND 36 OF THE REPORT OF THE 1988

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MEETING OF THE REPRESENTATIVES OF THE CONTRACTING PARTIES TO
THE SEALS CONVENTION
21. Representatives, pursuant to paragraph 19(a) above, agreed to
recommend for approval by their respective Governments, that the
Annex be changed in the following way:
Section 1: for 1 July to 30 June read 1 March to the last day
in February.
Section 6(a): for 31 October read 30 June and for 1 July to
30 June read 1 March to the last day in February.
31. Accordingly, they agreed on the text of the following amendment
to the Annex (new paragraph 8) which they recommended to the
Governments of Contracting Parties for their approval.
"8. Cooperation
The Contracting Parties to this Convention shall, as appropriate,
cooperate and exchange information with the Contracting Parties to
the other international instruments within the Antarctic Treaty
System and their respective institutions."
36. Representatives, noting that they agreed on the desirability of
extending the protection afforded to Weddell seals to include pups
during the breeding season, agreed to recommend to Governments the
deletion in section 2 of the Annex of the words "one year old or
older".
SCHEDULE 3 Section 3
PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY.
PREAMBLE
The States Parties to this Protocol to the Antarctic Treaty,
hereinafter referred to as the Parties,
Convinced of the need to enhance the protection of the Antarctic
environment and dependent and associated ecosystems;
Convinced of the need to strengthen the Antarctic Treaty system so
as to ensure that Antarctica shall continue forever to be used
exclusively for peaceful purposes and shall not become the scene or
object of international discord;
Bearing in mind the special legal and political status of Antarctica
and the special responsibility of the Antarctic Treaty Consultative
Parties to ensure that all activities in Antarctica are consistent
with the purposes and principles of the Antarctic Treaty;
Recalling the designation of Antarctica as a Special Conservation
Area and other measures adopted under the Antarctic Treaty system to
protect the Antarctic environment and dependent and associated
ecosystems;
Acknowledging further the unique opportunities Antarctica offers for
scientific monitoring of and research on processes of global as well
as regional importance;
Reaffirming the conservation principles of the Convention on the
Conservation of Antarctic Marine Living Resources;
Convinced that the development of a comprehensive regime for the
protection of the Antarctic environment and dependent and associated
ecosystems is in the interest of mankind as a whole;
Desiring to supplement the Antarctic Treaty to this end;
Have agreed as follows:

ARTICLE 1
DEFINITIONS
For the purposes of this Protocol:
(a) "The Antarctic Treaty" means the Antarctic Treaty done at
Washington on 1 December 1959;
(b) "Antarctic Treaty area" means the area to which the provisions
of the Antarctic Treaty apply in accordance with Article VI of that
Treaty;
(c) "Antarctic Treaty Consultative Meetings" means the meetings
referred to in Article IX of the Antarctic Treaty;
(d) "Antarctic Treaty Consultative Parties" means the Contracting
Parties to the Antarctic Treaty entitled to appoint representatives
to participate in the meetings referred to in Article IX of that
Treaty;
(e) "Antarctic Treaty system" means the Antarctic Treaty, the
measures in effect under that Treaty, its associated separate
international instruments in force and the measures in effect under
those instruments;
(f) "Arbitral Tribunal" means the Arbitral Tribunal established in
accordance with the Schedule to this Protocol, which forms an
integral part thereof;
(g) "Committee" means the Committee for Environmental Protection
established in accordance with Article 11.

ARTICLE 2
OBJECTIVE AND DESIGNATION
The Parties commit themselves to the comprehensive protection of the
Antarctic environment and dependent and associated ecosystems and
hereby designate Antarctica as a natural reserve, devoted to peace
and science.

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ARTICLE 3
ENVIRONMENTAL PRINCIPLES
1. The protection of the Antarctic environment and dependent and
associated ecosystems and the intrinsic value of Antarctica,
including its wilderness and aesthetic values and its value as an
area for the conduct of scientific research, in particular research
essential to understanding the global environment, shall be
fundamental considerations in the planning and conduct of all
activities in the Antarctic Treaty area.
2. To this end:
(a) activities in the Antarctic Treaty area shall be planned and
conducted so as to limit adverse impacts on the Antarctic
environment and dependent and associated ecosystems;
(b) activities in the Antarctic Treaty area shall be planned and
conducted so as to avoid:
(i) adverse effects on climate or weather patterns;
(ii) significant adverse effects on air or water quality;
(iii) significant changes in the atmospheric, terrestrial
(including aquatic), glacial or marine environments;
(iv) detrimental changes in the distribution, abundance or
productivity of species or populations of species of fauna and
flora;
(v) further jeopardy to endangered or threatened species or
populations of such species; or
(vi) degradation of, or substantial risk to, areas of
biological, scientific, historic, aesthetic or wilderness
significance;
(c) activities in the Antarctic Treaty area shall be planned and
conducted on the basis of information sufficient to allow prior
assessments of, and informed judgments about, their possible impacts
on the Antarctic environment and dependent and associated ecosystems
and on the value of Antarctica for the conduct of scientific
research; such judgments shall take full account of:
(i) the scope of the activity, including its area, duration and
intensity;
(ii) the cumulative impacts of the activity, both by itself and
in combination with other activities in the Antarctic Treaty area;
(iii) whether the activity will detrimentally affect any other
activity in the Antarctic Treaty area;
(iv) whether technology and procedures are available to provide
for environmentally safe operations;
(v) whether there exists the capacity to monitor key
environmental parameters and ecosystem components so as to identify
and provide early warning of any adverse effects of the activity and
to provide for such modification of operating procedures as may be
necessary in the light of the results of monitoring or increased
knowledge of the Antarctic environment and dependent and associated
ecosystems; and
(vi) whether there exists the capacity to respond promptly and
effectively to accidents, particularly those with potential
environmental effects;
(d) regular and effective monitoring shall take place to allow
assessment of the impacts of ongoing activities, including the
verification of predicted impacts;
(e) regular and effective monitoring shall take place to
facilitate early detection of the possible unforeseen effects of
activities carried on both within and outside the Antarctic Treaty
area on the Antarctic environment and dependent and associated
ecosystems.
3. Activities shall be planned and conducted in the Antarctic Treaty
area so as to accord priority to scientific research and to preserve
the value of Antarctica as an area for the conduct of such research,
including research essential to understanding the global
environment.
4. Activities undertaken in the Antarctic Treaty area pursuant to
scientific research programmes, tourism and all other governmental
and non-governmental activities in the Antarctic Treaty area for
which advance notice is required in accordance with Article VII(5)
of the Antarctic Treaty, including associated logistic support
activities, shall:
(a) take place in a manner consistent with the principles in this
Article; and
(b) be modified, suspended or cancelled if they result in or
threaten to result in impacts upon the Antarctic environment or
dependent or associated ecosystems inconsistent with those
principles.

ARTICLE 4
RELATIONSHIP WITH THE OTHER COMPONENTS OF THE
ANTARCTIC TREATY SYSTEM
1. This Protocol shall supplement the Antarctic Treaty and shall

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neither modify nor amend that Treaty.
2. Nothing in this Protocol shall derogate from the rights and
obligations of the Parties to this Protocol under the other
international instruments in force within the Antarctic Treaty
system.

ARTICLE 5
CONSISTENCY WITH THE OTHER COMPONENTS OF THE
ANTARCTIC TREATY SYSTEM
The Parties shall consult and co-operate with the Contracting
Parties to the other international instruments in force within the
Antarctic Treaty system and their respective institutions with a
view to ensuring the achievement of the objectives and principles of
this Protocol and avoiding any interference with the achievement of
the objectives and principles of those instruments or any
inconsistency between the implementation of those instruments and of
this Protocol.

ARTICLE 6
CO-OPERATION
1. The Parties shall co-operate in the planning and conduct of
activities in the Antarctic Treaty area. To this end, each Party
shall endeavour to:
(a) promote co-operative programmes of scientific, technical and
educational value, concerning the protection of the Antarctic
environment and dependent and associated ecosystems;
(b) provide appropriate assistance to other Parties in the
preparation of environmental impact assessments;
(c) provide to other Parties upon request information relevant to
any potential environmental risk and assistance to minimize the
effects of accidents which may damage the Antarctic environment or
dependent and associated ecosystems;
(d) consult with other Parties with regard to the choice of sites
for prospective stations and other facilities so as to avoid the
cumulative impacts caused by their excessive concentration in any
location;
(e) where appropriate, undertake joint expeditions and share the use
of stations and other facilities; and
(f) carry out such steps as may be agreed upon at Antarctic Treaty
Consultative Meetings.
2. Each Party undertakes, to the extent possible, to share
information that may be helpful to other Parties in planning and
conducting their activities in the Antarctic Treaty area, with a
view to the protection of the Antarctic environment and dependent
and associated ecosystems.
3. The Parties shall co-operate with those Parties which may
exercise jurisdiction in areas adjacent to the Antarctic Treaty area
with a view to ensuring that activities in the Antarctic Treaty area
do not have adverse environmental impacts on those areas.

ARTICLE 7
PROHIBITION OF MINERAL RESOURCE ACTIVITIES
Any activity relating to mineral resources, other than scientific
research, shall be prohibited.

ARTICLE 8
ENVIRONMENTAL IMPACT ASSESSMENT
1. Proposed activities referred to in paragraph 2 below shall be
subject to the procedures set out in Annex I for prior assessment of
the impacts of those activities on the Antarctic environment or on
dependent or associated ecosystems according to whether those
activities are identified as having:
(a) less than a minor or transitory impact;
(b) a minor or transitory impact; or
(c) more than a minor or transitory impact.
2. Each Party shall ensure that the assessment procedures set out in
Annex I are applied in the planning processes leading to decisions
about any activities undertaken in the Antarctic Treaty area
pursuant to scientific research programmes, tourism and all other
governmental and non-governmental activities in the Antarctic Treaty
area for which advance notice is required under Article VII(5) of
the Antarctic Treaty, including associated logistic support
activities.
3. The assessment procedures set out in Annex I shall apply to any
change in an activity whether the change arises from an increase or
decrease in the intensity of an existing activity, from the addition
of an activity, the decommissioning of a facility, or otherwise.
4. Where activities are planned jointly by more than one Party, the
Parties involved shall nominate one of their number to coordinate
the implementation of the environmental impact assessment procedures
set out in Annex I.

ARTICLE 9
ANNEXES
1. The Annexes to this Protocol shall form an integral part thereof.

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2. Annexes, additional to Annexes I--IV, may be adopted and become
effective in accordance with Article IX of the Antarctic Treaty.
3. Amendments and modifications to Annexes may be adopted and become
effective in accordance with Article IX of the Antarctic Treaty,
provided that any Annex may itself make provision for amendments and
modifications to become effective on an accelerated basis.
4. Annexes and any amendments and modifications thereto which have
become effective in accordance with paragraphs 2 and 3 above shall,
unless an Annex itself provides otherwise in respect of the entry
into effect of any amendment or modification thereto, become
effective for a Contracting Party to the Antarctic Treaty which is
not an Antarctic Treaty Consultative Party, or which was not an
Antarctic Treaty Consultative Party at the time of the adoption,
when notice of approval of that Contracting Party has been received
by the Depositary.
5. Annexes shall, except to the extent that an Annex provides
otherwise, be subject to the procedures for dispute settlement set
out in Articles 18 to 20.

ARTICLE 10
ANTARCTIC TREATY CONSULTATIVE MEETINGS
1. Antarctic Treaty Consultative Meetings shall, drawing upon the
best scientific and technical advice available:
(a) define, in accordance with the provisions of this Protocol,
the general policy for the comprehensive protection of the Antarctic
environment and dependent and associated ecosystems; and
(b) adopt measures under Article IX of the Antarctic Treaty for
the implementation of this Protocol.
2. Antarctic Treaty Consultative Meetings shall review the work of
the Committee and shall draw fully upon its advice and
recommendations in carrying out the tasks referred to in paragraph 1
above, as well as upon the advice of the Scientific Committee on
Antarctic Research.

ARTICLE 11
COMMITTEE FOR ENVIRONMENTAL PROTECTION
1. There is hereby established the Committee for Environmental
Protection.
2. Each Party shall be entitled to be a member of the Committee and
to appoint a representative who may be accompanied by experts and
advisers.
3. Observer status in the Committtee shall be open to any
Contracting Party to the Antarctic Treaty which is not a Party to
this Protocol.
4. The Committee shall invite the President of the Scientific
Committee on Antarctic Research and the Chairman of the Scientific
Committee for the Conservation of Antarctic Marine Living Resources
to participate as observers at its sessions. The Committee may also,
with the approval of the Antarctic Treaty Consultative Meeting,
invite such other relevant scientific, environmental and technical
organisations which can contribute to its work to participate as
observers at its sessions.
5. The Committee shall present a report on each of its sessions to
the Antarctic Treaty Consultative Meeting. The report shall cover
all matters considered at the session and shall reflect the views
expressed. The report shall be circulated to the Parties and to
observers attending the session, and shall thereupon be made
publicly available.
6. The Committee shall adopt its rules of procedure which shall be
subject to approval by the Antarctic Treaty Consultative Meeting.

ARTICLE 12
FUNCTIONS OF THE COMMITTEE
1. The functions of the Committee shall be to provide advice and
formulate recommendations to the Parties in connection with the
implementation of this Protocol, including the operation of its
Annexes, for consideration at Antarctic Treaty Consultative
Meetings, and to perform such other functions as may be referred to
it by the Antarctic Treaty Consultative Meetings. In particular, it
shall provide advice on:
(a) the effectiveness of measures taken pursuant to this Protocol;
(b) the need to update, strengthen or otherwise improve such
measures;
(c) the need for additional measures, including the need for
additional Annexes, where appropriate;
(d) the application and implementation of the environmental impact
assessment procedures set out in Article 8 and Annex I;
(e) means of minimising or mitigating environmental impacts of
activities in the Antarctic Treaty area;
(f) procedures for situations requiring urgent action, including
response action in environmental emergencies;
(g) the operation and further elaboration of the Antarctic
Protected Area system;

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(h) inspection procedures, including formats for inspection
reports and checklists for the conduct of inspections;
(i) the collection, archiving, exchange and evaluation of
information related to environmental protection;
(j) the state of the Antarctic environment; and
(k) the need for scientific research, including environmental
monitoring, related to the implementation of this Protocol.
2. In carrying out its functions, the Committee shall, as
appropriate, consult with the Scientific Committee on Antarctic
Research, the Scientific Committee for the Conservation of Antarctic
Marine Living Resources and other relevant scientific, environmental
and technical organizations.

ARTICLE 13
COMPLIANCE WITH THIS PROTOCOL
1. Each Party shall take appropriate measures within its competence,
including the adoption of laws and regulations, administrative
actions and enforcement measures, to ensure compliance with this
Protocol.
2. Each Party shall exert appropriate efforts, consistent with the
Charter of the United Nations, to the end that no one engages in any
activity contrary to this Protocol.
3. Each Party shall notify all other Parties of the measures it
takes pursuant to paragraphs 1 and 2 above.
4. Each Party shall draw the attention of all other Parties to any
activity which in its option affects the implementation of the
objectives and principles of this Protocol.
5. The Antarctic Treaty Consultative Meetings shall draw the
attention of any State which is not a Party to this Protocol to any
activity undertaken by that State, its agencies, instrumentalities,
natural or juridical persons, ships, aircraft or other means of
transport which affects the implementation of the objectives and
principles of this Protocol.

ARTICLE 14
INSPECTION
1. In order to promote the protection of the Antarctic environment
and dependent and associated ecosystems, and to ensure compliance
with this Protocol, the Antarctic Treaty Consultative Parties shall
arrange, individually or collectively, for inspections by observers
to be made in accordance with Article VII of the Antarctic Treaty.
2. Observers are:
(a) observers designated by any Antarctic Treaty Consultative
Party who shall be nationals of that Party; and
(b) any observers designated at Antarctic Treaty Consultative
Meetings to carry out inspections under procedures to be established
by an Antarctic Treaty Consultative Meeting.
3. Parties shall co-operate fully with observers undertaking
inspections, and shall ensure that during inspections, observers are
given access to all parts of stations, installations, equipment,
ships and aircraft open to inspection under Article VII (3) of the
Antarctic Treaty, as well as to all records maintained thereon which
are called for pursuant to this Protocol.
4. Reports of inspections shall be sent to the Parties whose
stations, installations, equipment, ships or aircraft are covered by
the reports. After those Parties have been given the opportunity to
comment, the reports and any comments thereon shall be circulated to
all the Parties and to the Committee, considered at the next
Antarctic Treaty Consultative Meeting, and thereafter made publicly
available.

ARTICLE 16
EMERGENCY RESPONSE ACTION
1. In order to respond to environmental emergencies in the Antarctic
Treaty area, each Party agrees to:
(a) provide for prompt and effective response action to such
emergencies which might arise in the performance of scientific
research programmes, tourism and all other governmental and
non-governmental activities in the Antarctic Treaty area for which
advance notice is required under Article VII (5) of the Antarctic
Treaty, including associated logistic support activities; and
(b) establish contingency plans for response to incidents with
potential adverse effects on the Antarctic environment or dependent
and associated ecosystems.
2. To this end, the Parties shall:
(a) co-operate in the formulation and implementation of such
contingency plans; and
(b) establish procedures for immediate notification of,
andco-operative response to, environmental emergencies.
3. In the implementation of this Article, the Parties shall draw
upon the advice of the appropriate international organisations.

ARTICLE 16
LIABILITY

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Consistent with the objectives of this Protocol for the
comprehensive protection of the Antarctic environment and dependent
and associated ecosystems, the Parties undertake to elaborate rules
and procedures relating to liability for damage arising from
activities taking place in the Antarctic Treaty area and covered by
this Protocol. Those rules and procedures shall be included in one
or more Annexes to be adopted in accordance with Article 9 (2).

ARTICLE 17
ANNUAL REPORT BY PARTIES
1. Each Party shall report annually on the steps taken to implement
this Protocol. Such reports shall include notifications made in
accordance with Article 13 (3), contingency plans established in
accordance with Article 15 and any other notifications and
information called for pursuant to this Protocol for which there is
no other provision concerning the circulation and exchange of
information.
2. Reports made in accordance with paragraph 1 above shall be
circulated to all Parties and to the Committee, considered at the
next Antarctic Treaty Consultative Meeting, and made publicly
available.

ARTICLE 18
DISPUTE SETTLEMENT
If a dispute arises concerning the interpretation or application of
this Protocol, the parties to the dispute shall, at the request of
any one of them, consult among themselves as soon as possible with a
view to having the dispute resolved by negotiation, inquiry,
mediation, conciliation, arbitration, judicial settlement or other
peaceful means to which the parties to the dispute agree.

ARTICLE 19
CHOICE OF DISPUTE SETTLEMENT PROCEDURE
1. Each Party, when signing, ratifying, accepting, approving or
acceding to this Protocol, or at any time thereafter, may choose, by
written declaration, one or both of the following means for the
settlement of disputes concerning the interpretation or application
of Articles 7, 8 and 15 and, except to the extent that an Annex
provides otherwise, the provisions of any Annex and, insofar as it
relates to these Articles and provisions, Article 13:
(a) the International Court of Justice;
(b) the Arbitral Tribunal.
2. A declaration made under paragraph 1 above shall not affect the
operation of Article 18 and Article 20 (2).
3. A Party which has not made a declaration under paragraph 1 above
or in respect of which a declaration is no longer in force shall be
deemed to have accepted the competence of the Arbitral Tribunal.
4. If the parties to a dispute have accepted the same means for the
settlement of a dispute, the dispute may be submitted only to that
procedure, unless the parties otherwise agree.
5. If the parties to a dispute have not accepted the same means for
the settlement of a dispute, or if they have both accepted both
means, the dispute may be submitted only to the Arbitral Tribunal,
unless the parties otherwise agree.
6. A declaration made under paragraph 1 above shall remain in force
until it expires in accordance with its terms or until three months
after written notice of revocation has been deposited with the
Depositary.
7. A new declaration, a notice of revocation or the expiry of a
declaration shall not in any way affect proceedings pending before
the International Court of Justice or the Arbitral Tribunal, unless
the parties to the dispute otherwise agree.
8. Declarations and notices referred to in this Article shall be
deposited with the Depositary who shall transmit copies thereof to
all Parties.

ARTICLE 20
DISPUTE SETTLEMENT PROCEDURE
1. If the parties to a dispute concerning the interpretation or
application of Articles 7, 8 or 15 or, except to the extent that an
Annex provides otherwise, the provisions of any Annex or, insofar as
it relates to these Articles and provisions, Article 13, have not
agreed on a means for resolving it within 12 months of the request
for consultation pursuant to Article 18, the dispute shall be
referred, at the request of any party to the dispute, for settlement
in accordance with the procedure determined by Article 19 (4) and
(5).
2. The Arbitral Tribunal shall not be competent to decide or rule
upon any matter within the scope of Article IV of the Antarctic
Treaty. In addition, nothing in this Protocol shall be interpreted
as conferring competence or jurisdiction on the International Court
of Justice or any other tribunal established for the purpose of
settling disputes between Parties to decide or otherwise rule upon
any matter within the scope of Article IV of the Antarctic Treaty.

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ARTICLE 21
SIGNATURE
This Protocol shall be open for signature at Madrid on the 4th of
October 1991 and thereafter at Washington until the 3rd of October
1992 by any State which is a Contracting Party to the Antarctic
Treaty.

ARTICLE 22
RATIFICATION, ACCEPTANCE, APPROVAL OR ACCESSION
1. This Protocol is subject to ratification, acceptance or approval
by signatory States.
2. After the 3rd of October 1992 this Protocol shall be open for
accession by any State which is a Contracting Party to the Antarctic
Treaty.
3. Instruments of ratification, acceptance, approval or accession
shall be deposited with the Government of the United States of
America, hereby designated as the Depositary.
4. After the date on which this Protocol has entered into force, the
Antarctic Treaty Consultative Parties shall not act upon a
notification regarding the entitlement of a Contracting Party to the
Antarctic Treaty to appoint representatives to participate in
Antarctic Treaty Consultative Meetings in accordance with Article IX
(2) of the Antarctic Treaty unless that Contracting Party has first
ratified, accepted, approved or acceded to this Protocol.

ARTICLE 23
ENTRY INTO FORCE
1. This Protocol shall enter into force on the thirtieth day
following the date of deposit of instruments of ratification,
acceptance, approval or accession by all States which are Antarctic
Treaty Consultative Parties at the date on which this Protocol is
adopted.
2. For each Contracting Party to the Antarctic Treaty which,
subsequent to the date of entry into force of this Protocol,
deposits an instrument of ratification, acceptance, approval or
accession, this Protocol shall enter into force on the thirtieth day
following such deposit.

ARTICLE 24
RESERVATIONS
Reservations to this Protocol shall not be permitted.
ARTICLE 25
MODIFICATION OR AMENDMENT
1. Without prejudice to the provisions of Article 9, this Protocol
may be modified or amended at any time in accordance with the
procedures set forth in Article XII (1) (a) and (b) of the Antarctic
Treaty.
2. If, after the expiration of 50 years from the date of entry into
force of this Protocol, any of the Antarctic Treaty Consultative
Parties so requests by a communication addressed to the Depositary,
a conference shall be held as soon as practicable to review the
operation of this Protocol.
3. A modification or amendment proposed at any Review Conference
called pursuant to paragraph 2 above shall be adopted by a majority
of the Parties, including 3/4 of the States which are Antarctic
Treaty Consultative Parties at the time of adoption of this
Protocol.
4. A modification or amendment adopted pursuant to paragraph 3 above
shall enter into force upon ratification, acceptance, approval or
accession by 3/4 of the Antarctic Treaty Consultative Parties,
including ratification, acceptance, approval or accession by all
States which are Antarctic Treaty Consultative Parties at the time
of adoption of this Protocol.
5. (a) With respect to Article 7, the prohibition on Antarctic
mineral resource activities contained therein shall continue unless
there is in force a binding legal regime on Antarctic mineral
resource activities that includes an agreed means for determining
whether, and, if so, under which conditions, any such activities
would be acceptable. This regime shall fully safeguard the interests
of all States referred to in Article IV of the Antarctic Treaty and
apply the principles thereof. Therefore, if a modification or
amendment to Article 7 is proposed at a Review Conference referred
to in paragraph 2 above, it shall include such a binding legal
regime.
(b) If any such modification or amendment has not entered into
force within 3 years of the date of its adoption, any Party may at
any time thereafter notify to the Depositary of its withdrawal from
this Protocol, and such withdrawal shall take effect 2 years after
receipt of the notification by the Depositary.

ARTICLE 26
NOTIFICATIONS BY THE DEPOSITARY
The Depositary shall notify all Contracting Parties to the Antarctic
Treaty of the following:

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(a) signatures of this Protocol and the deposit of instruments of
ratification, acceptance, approval or accession;
(b) the date of entry into force of this Protocol and any
additional Annex thereto;
(c) the date of entry into force of any amendment or modification
to this Protocol;
(d) the deposit of declarations and notices pursuant to Article
19; and
(e) any notification received pursuant to Article 25 (5) (b).

ARTICLE 27
AUTHENTIC TEXTS AND REGISTRATION WITH THE UNITED NATIONS
1. This Protocol, done in the English, French, Russian and Spanish
languages, each version being equally authentic, shall be deposited
in the archives of the Government of the United States of America,
which shall transmit duly certified copies thereof to all
Contracting Parties to the Antarctic Treaty.
2. This Protocol shall be registered by the Depositary pursuant to
Article 102 of the Charter of the United Nations.
SCHEDULE TO THE PROTOCOL
ARBITRATION
Article 1
1. The Arbitral Tribunal shall be constituted and shall function in
accordance with the Protocol, including this Schedule.
2. The Secretary referred to in this Schedule is the Secretary
General of the Permanent Court of Arbitration.
Article 2
1. Each Party shall be entitled to designate up to three
Arbitrators, at least one of whom shall be designated within three
months of the entry into force of the Protocol for that Party. Each
Arbitrator shall be experienced in Antarctic affairs, have thorough
knowledge of international law and enjoy the highest reputation for
fairness, competence and integrity. The names of the persons so
designated shall constitute the list of Arbitrators. Each Party
shall at all times maintain the name of at least one Arbitrator on
the list.
2. Subject to paragraph 3 below, an Arbitrator designated by a Party
shall remain on the list for a period of five years and shall be
eligible for redesignation by that Party for additional five year
periods.
3. A Party which designated an Arbitrator may withdraw the name of
that Arbitrator from the list. If an Arbitrator dies or if a Party
for any reason withdraws from the list the name of an Arbitrator
designated by it, the Party which designated the Arbitrator in
question shall notify the Secretary promptly. An Arbitrator whose
name is withdrawn from the list shall continue to serve on any
Arbitral Tribunal to which that Arbitrator has been appointed until
the completion of proceedings before the Arbitral Tribunal.
4. The Secretary shall ensure that an up-to-date list is maintained
of the Arbitrators designated pursuant to this Article.
Article 3
1. The Arbitral Tribunal shall be composed of three Arbitrators who
shall be appointed as follows:
(a) The party to the dispute commencing the proceedings shall
appoint one Arbitrator, who may be its national, from the list
referred to in Article 2. This appointment shall be included in the
notification referred to in Article 4.
(b) Within 40 days of the receipt of that notification, the other
party to the dispute shall appoint the second Arbitrator, who may be
its national, from the list referred to in Article 2.
(c) Within 60 days of the appointment of the second Arbitrator,
the parties to the dispute shall appoint by agreement thethird
Arbitrator from the list referred to in Article 2.The third
Arbitrator shall not be either a national of a party to the dispute,
or a person designated for the list referred to in Article 2 by a
party to the dispute, or of the same nationality as either of the
first two Arbitrators. The third Arbitrator shall be the Chairperson
of the Arbitral Tribunal.
(d) If the second Arbitrator has not been appointed within the
prescribed period, or if the parties to the dispute have not reached
agreement within the prescribed period on the appointment of the
third Arbitrator, the Arbitrator or Arbitrators shall be appointed,
at the request of any party to the dispute and within 30 days of the
receipt of such request, by the President of the International Court
of Justice from the list referred to in Article 2 and subject to the
conditions prescribed in subparagraphs (b) and (c) above. In
performing the functions accorded him or her in this subparagraph,
the President of the Court shall consult the parties to the dispute.
(e) If the President of the International Court of Justice is
unable to perform the functions accorded him or her in subparagraph
(d) above or is a national of a party to the dispute, the functions

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shall be performed by the Vice-President of the Court, except that
if the Vice-President is unable to perform the functions or is a
national of a party to the dispute the functions shall be performed
by the next most senior member of the Court who is available and is
not a national of a party to the dispute.
2. Any vacancy shall be filled in the manner prescribed for the
initial appointment.
3. In any dispute involving more than two Parties, those Parties
having the same interest shall appoint one Arbitrator by agreement
within the period specified in paragraph 1 (b) above.
Article 4
The party to the dispute commencing proceedings shall so notify the
other party or parties to the dispute and the Secretary in writing.
Such notification shall include a statement of the claim and the
grounds on which it is based. The notification shall be transmitted
by the Secretary to all Parties.
Article 5
1. Unless the parties to the dispute agree otherwise, arbitration
shall take place at The Hague, where the records of the Arbitral
Tribunal shall be kept. The Arbitral Tribunal shall adopt its own
rules of procedure. Such rules shall ensure that each party to the
dispute has a full opportunity to be heard and to present its case
and shall also ensure that the proceedings are conducted
expeditiously.
2. The Arbitral Tribunal may hear and decide counterclaims arising
out of the dispute.
Article 6
1. The Arbitral Tribunal, where it considers that prima facie it has
jurisdiction under the Protocol, may:
(a) at the request of any party to a dispute, indicate such
provisional measures as it considers necessary to preserve the
respective rights of the parties to the dispute;
(b) prescribe any provisional measures which it considers
appropriate under the circumstances to prevent serious harm to the
Antarctic environment or dependent or associated ecosystems.
2. The parties to the dispute shall comply promptly with any
provisional measures prescribed under paragraph 1 (b) above pending
an award under Article 10.
3. Notwithstanding the time period in Article 20 of the Protocol, a
party to a dispute may at any time, by notification to the other
party or parties to the dispute and to the Secretary in accordance
withArticle 4, request that the Arbitral Tribunal be constituted as
a matter of exceptional urgency to indicate or prescribe emergency
provisional measures in accordance with this Article. In such case,
the Arbitral Tribunal shall be constituted as soon as possible in
accordance with Article 3, except that the time periods in Article 3
(1) (b), (c) and (d) shall be reduced to 14 days in each case. The
Arbitral Tribunal shall decide upon the request for emergency
provisional measures within two months of the appointment of its
Chairperson.
4. Following a decision by the Arbitral Tribunal upon a request for
emergency provisional measures in accordance with paragraph 3 above,
settlement of the dispute shall proceed in accordance with Articles
18, 19 and 20 of the Protocol.
Article 7
Any Party which believes it has a legal interest, whether general or
individual, which may be substantially affected by the award of an
Arbitral Tribunal, may, unless the Arbitral Tribunal decides
otherwise, intervene in the proceedings.
Article 8
The parties to the dispute shall facilitate the work of the Arbitral
Tribunal and, in particular, in accordance with their law and using
all means at their disposal, shall provide it with all relevant
documents and information, and enable it, when necessary, to call
witnesses or experts and receive their evidence.
Article 9
If one of the parties to the dispute does not appear before the
Arbitral Tribunal or fails to defend its case, any other party to
the dispute may request the Arbitral Tribunal to continue the
proceedings and make its award.
Article 10
1. The Arbitral Tribunal shall, on the basis of the provisions of
the Protocol and other applicable rules and principles of
international law that are not incompatible with such provisions,
decide such disputes as are submitted to it.
2. The Arbitral Tribunal may decide, ex aequo et bono, a dispute
submitted to it, if the parties to the dispute so agree.
Article 11
1. Before making its award, the Arbitral Tribunal shall satisfy
itself that it has competence in respect of the dispute and that the

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claim or counterclaim is well founded in fact and law.
2. The award shall be accompanied by a statement of reasons for the
decision and shall be communicated to the Secretary who shall
transmit it to all Parties.
3. The award shall be final and binding on the parties to the
dispute and on any Party which intervened in the proceedings and
shall be complied with without delay. The Arbitral Tribunal shall
interpret the award at the request of a party to the dispute or of
any intervening Party.
4. The award shall have no binding force except in respect of that
particular case.
5. Unless the Arbitral Tribunal decides otherwise, the expenses of
the Arbitral Tribunal, including the remuneration of the
Arbitrators, shall be borne by the parties to the dispute in equal
shares.
Article 12
All decisions of the Arbitral Tribunal, including those referred to
in Articles 5, 6 and 11, shall be made by a majority of the
Arbitrators who may not abstain from voting.
Article 13
This Schedule may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year
after the close of the Antarctic Treaty Consultative Meeting at
which it was adopted, unless one or more of the Antarctic Treaty
Consultative Parties notifies the Depositary, within that time
period, that it wishes an extension of that period or that it is
unable to approve the measure.
2. Any amendment or modification of this Schedule which becomes
effective in accordance with paragraph 1 above shall thereafter
become effective as to any other Party when notice of approval by it
has been received by the Depositary.

ANNEX I TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO
THE ANTARCTIC TREATY
ENVIRONMENTAL IMPACT ASSESSMENT
ARTICLE 1
PRELIMINARY STAGE
1. The environmental impacts of proposed activities referred to in
Article 8 of the Protocol shall, before their commencement, be
considered in accordance with appropriate national procedures.
2. If an activity is determined as having less than a minor or
transitory impact, the activity may proceed forthwith.

ARTICLE 2
INITIAL ENVIRONMENTAL EVALUATION
1. Unless it has been determined that an activity will have less
than a minor or transitory impact, or unless a Comprehensive
Environmental Evaluation is being prepared in accordance with
Article 3, an Initial Environmental Evaluation shall be prepared. It
shall contain sufficient detail to assess whether a proposed
activity may have more than a minor or transitory impact and shall
include:
(a) a description of the proposed activity, including its purpose,
location, duration, and intensity; and
(b) consideration of alternatives to the proposed activity and any
impacts that the activity may have, including consideration of
cumulative impacts in the light of existing and known planned
activities.
2. If an Initial Environmental Evaluation indicates that a proposed
activity is likely to have no more than a minor or transitory
impact, the activity may proceed, provided that appropriate
procedures, which may include monitoring, are put in place to assess
and verify the impact of the activity.

ARTICLE 3
COMPREHENSIVE ENVIRONMENTAL EVALUATION
1. If an Initial Environmental Evaluation indicates or if it is
otherwise determined that a proposed activity is likely to have more
than a minor or transitory impact, a Comprehensive Environmental
Evaluation shall be prepared.
2. A Comprehensive Environmental Evaluation shall include:
(a) a description of the proposed activity including its purpose,
location, duration and intensity, and possible alternatives to the
activity, including the alternative of not proceeding, and the
consequences of those alternatives;
(b) a description of the initial environmental reference state
with which predicted changes are to be compared and a prediction of
the future environmental reference state in the absence of the
proposed activity;
(c) a description of the methods and data used to forecast the
impacts of the proposed activity;

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(d) estimation of the nature, extent, duration, and intensity of
the likely direct impacts of the proposed activity;
(e) consideration of possible indirect or second order impacts of
the proposed activity;
(f) consideration of cumulative impacts of the proposed activity
in the light of existing activities and other known planned
activities;
(g) identification of measures, including monitoring programmes,
that could be taken to minimise or mitigate impacts of the proposed
activity and to detect unforeseen impacts and that could provide
early warning of any adverse effects of the activity as well as to
deal promptly and effectively with accidents;
(h) identification of unavoidable impacts of the proposed
activity;
(i) consideration of the effects of the proposed activity on the
conduct of scientific research and on other existing uses and
values;
(j) an identification of gaps in knowledge and uncertainties
encountered in compiling the information required under this
paragraph;
(k) a non-technical summary of the information provided under this
paragraph; and
(l) the name and address of the person or organization which
prepared the Comprehensive Environmental Evaluation and the address
to which comments thereon should be directed.
3. The draft Comprehensive Environmental Evaluation shall be made
publicly available and shall be circulated to all Parties, which
shall also make it publicly available, for comment. A period of 90
days shall be allowed for the receipt of comments.
4. The draft Comprehensive Environmental Evaluation shall be
forwarded to the Committee at the same time as it is circulated to
the Parties, and at least 120 days before the next Antarctic Treaty
Consultative Meeting, for consideration as appropriate.
5. No final decision shall be taken to proceed with the proposed
activity in the Antarctic Treaty area unless there has been an
opportunity for consideration of the draft Comprehensive
Environmental Evaluation by the Antarctic Treaty Consultative
Meeting on the advice of the Committee, provided that no decision to
proceed with a proposed activity shall be delayed through the
operation of this paragraph for longer than 15 months from the date
of circulation of the draft Comprehensive Environmental Evaluation.
6. A final Comprehensive Environmental Evaluation shall address and
shall include or summarise comments received on the draft
Comprehensive Environmental Evaluation. The final Comprehensive
Environmental Evaluation, notice of any decisions relating thereto,
and any evaluation of the significance of the predicted impacts in
relation to the advantages of the proposed activity, shall be
circulated to all Parties, which shall also make them publicly
available, at least 60 days before the commencement of the proposed
activity in the Antarctic Treaty area.

ARTICLE 4
DECISIONS TO BE BASED ON COMPREHENSIVE
ENVIRONMENTAL EVALUATIONS
Any decision on whether a proposed activity, to which Article 3
applies, should proceed, and, if so, whether in its original or in a
modified form, shall be based on the Comprehensive Environmental
Evaluation as well as other relevant considerations.

ARTICLE 5
MONITORING
1. Procedures shall be put in place, including appropriate
monitoring of key environmental indicators, to assess and verify the
impact of any activity that proceeds following the completion of a
Comprehensive Environmental Evaluation.
2. The procedures referred to in paragraph 1 above and in Article 2
(2) shall be designed to provide a regular and verifiable record of
the impacts of the activity in order, inter alia, to:
(a) enable assessments to be made of the extent to which such
impacts are consistent with the Protocol; and
(b) provide information useful for minimising or mitigating
impacts, and, where appropriate, information on the need for
suspension, cancellation or modification of the activity.

ARTICLE 6
CIRCULATION OF INFORMATION
1. The following information shall be circulated to the Parties,
forwarded to the Committee and made publicly available:
(a) a description of the procedures referred to in Article 1;
(b) an annual list of any Initial Environmental Evaluations
prepared in accordance with Article 2 and any decisions taken in
consequence thereof;
(c) significant information obtained, and any action taken in

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consequence thereof, from procedures put in place in accordance with
Articles 2 (2) and 5; and
(d) information referred to in Article 3 (6).
2. Any Initial Environmental Evaluation prepared in accordance with
Article 2 shall be made available on request.

ARTICLE 7
CASES OF EMERGENCY
1. This Annex shall not apply in cases of emergency relating to the
safety of human life or of ships, aircraft or equipment and
facilities of high value, or the protection of the environment,
which require an activity to be undertaken without completion of the
procedures set out in this Annex.
2. Notice of activities undertaken in cases of emergency, which
would otherwise have required preparation of a Comprehensive
Environmental Evaluation, shall be circulated immediately to all
Parties and to the Committee and a full explanation of the
activities carried out shall be provided within 90 days of those
activities.

ARTICLE 8
AMENDMENT OR MODIFICATION
1. This Annex may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year
after the close of the Antarctic Treaty Consultative Meeting at
which it was adopted, unless one or more of the Antarctic Treaty
Consultative Parties notifies the Depositary, within that period,
that it wishes an extension of that period or that it is unable to
approve the measure.
2. Any amendment or modification of this Annex which becomes
effective in accordance with paragraph 1 above shall thereafter
become effective as to any other Party when notice of approval by it
has been received by the Depositary.

ANNEX II TO THE PROTOCOL ON ENVIRONMENTAL
PROTECTION TO THE ANTARCTIC TREATY
CONSERVATION OF ANTARCTIC FAUNA AND FLORA
ARTICLE 1
DEFINITIONS
For the purposes of this Annex:
(a) "native mammal" means any member of any species belonging to
the Class Mammalia, indigenous to the Antarctic Treaty area or
occurring there seasonally through natural migrations;
(b) "native bird" means any member, at any stage of its life cycle
(including eggs), of any species of the Class Aves indigenous to the
Antarctic Treaty area or occurring there seasonally through natural
migrations;
(c) "native plant" means any terrestrial or freshwater vegetation,
including bryophytes, lichens, fungi and algae, at any stage of its
life cycle (including seeds, and other propagules), indigenous to
the Antarctic Treaty area;
(d) "native invertebrate" means any terrestrial or freshwater
invertebrate, at any stage of its life cycle, indigenous to the
Antarctic Treaty area;
(e) "appropriate authority" means any person or agency authorized
by a Party to issue permits under this Annex;
(f) "permit" means a formal permission in writing issued by an
appropriate authority;
(g) "take" or "taking" means to kill, injure, capture, handle or
molest, a native mammal or bird, or to remove or damage such
quantities of native plants that their local distribution or
abundance would be significantly affected;
(h) "harmful interference" means:
(i) flying or landing helicopters or other aircraft in a manner
that disturbs concentrations of birds and seals;
(ii) using vehicles or vessels, including hovercraft and small
boats, in a manner that disturbs concentrations of birds and seals;
(iii) using explosives or firearms in a manner that disturbs
concentrations of birds and seals;
(iv) wilfully disturbing breeding or moulting birds or
concentrations of birds and seals by persons on foot;
(v) significantly damaging concentrations of native terrestrial
plants by landing aircraft, driving vehicles, or walking on them, or
by other means; and
(vi) any activity that results in the significant adverse
modification of habitats of any species or population of native
mammal, bird, plant or invertebrate.
(i) "International Convention for the Regulation of Whaling"
means the Convention done at Washington on 2 December 1946.

ARTICLE 2
CASES OF EMERGENCY

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1. This Annex shall not apply in cases of emergency relating to the
safety of human life or of ships, aircraft, or equipment and
facilities of high value, or the protection of the environment.
2. Notice of activities undertaken in cases of emergency shall be
circulated immediately to all Parties and to the Committee.

ARTICLE 3
PROTECTION OF NATIVE FAUNA AND FLORA
1. Taking or harmful interference shall be prohibited, except in
accordance with a permit.
2. Such permits shall specify the authorized activity, including
when, where and by whom it is to be conducted and shall be issued
only in the following circumstances:
(a) to provide specimens for scientific study or scientific
information;
(b) to provide specimens for museums, herbaria, zoological and
botanical gardens, or other educational or cultural institutions or
uses; and
(c) to provide for unavoidable consequences of scientific
activities not otherwise authorized under sub-paragraphs (a) or (b)
above, or of the construction and operation of scientific support
facilities.
3. The issue of such permits shall be limited so as to ensure that:
(a) no more native mammals, birds, or plants are taken than are
strictly necessary to meet the purposes set forth in paragraph 2
above;
(b) only small numbers of native mammals or birds are killed and
in no case more native mammals or birds are killed from local
populations than can, in combination with other permitted takings,
normally be replaced by natural reproduction in the following
season; and
(c) the diversity of species, as well as the habitats essential to
their existence, and the balance of the ecological systems existing
within the Antarctic Treaty area are maintained.
4. Any species of native mammals, birds and plants listed in
Appendix A to this Annex shall be designated "Specially Protected
Species", and shall be accorded special protection by the Parties.
5. A permit shall not be issued to take a Specially Protected
Species unless the taking:
(a) is for a compelling scientific purpose;
(b) will not jeopardize the survival or recovery of that species
or local population; and
(c) uses non-lethal techniques where appropriate.
6. All taking of native mammals and birds shall be done in the
manner that involves the least degree of pain and suffering
practicable.

ARTICLE 4
INTRODUCTION OF NON-NATIVE SPECIES,
PARASITES AND DISEASES
1. No species of animal or plant not native to the Antarctic Treaty
area shall be introduced onto land or ice shelves, or into water in
the Antarctic Treaty area except in accordance with a permit.
2. Dogs shall not be introduced onto land or ice shelves and dogs
currently in those areas shall be removed by April 1, 1994.
3. Permits under paragraph 1 above shall be issued to allow the
importation only of the animals and plants listed in Appendix B to
this Annex and shall specify the species, numbers and, if
appropriate, age and sex and precautions to be taken to prevent
escape or contact with native fauna and flora.
4. Any plant or animal for which a permit has been issued in
accordance with paragraphs 1 and 3 above, shall, prior to expiration
of the permit, be removed from the Antarctic Treaty area or be
disposed of by incineration or equally effective means that
eliminates risk to native fauna or flora. The permit shall specify
this obligation. Any other plant or animal introduced into the
Antarctic Treaty area not native to that area, including any
progeny, shall be removed or disposed of, by incineration or by
equally effective means, so as to be rendered sterile, unless it is
determined that they pose no risk to native flora or fauna.
5. Nothing in this Article shall apply to the importation of food
into the Antarctic Treaty area provided that no live animals are
imported for this purpose and all plants and animal parts and
products are kept under carefully controlled conditions and disposed
of in accordance with Annex III to the Protocol and Appendix C to
this Annex.
6. Each Party shall require that precautions, including those listed
in Appendix C to this Annex, be taken to prevent the introduction of
micro-organisms (e.g., viruses, bacteria, parasites, yeasts, fungi)
not present in the native fauna and flora.

ARTICLE 5
INFORMATION

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Each Party shall prepare and make available information setting
forth, in particular, prohibited activities and providing lists of
Specially Protected Species and relevant Protected Areas to all
those persons present in or intending to enter the Antarctic Treaty
area with a view to ensuring that such persons understand and
observe the provisions of this Annex.

ARTICLE 6
EXCHANGE OF INFORMATION
1. The Parties shall make arrangements for:
(a) collecting and exchanging records (including records of
permits) and statistics concerning the numbers or quantities of each
species of native mammal, bird or plant taken annually in the
Antarctic Treaty area;
(b) obtaining and exchanging information as to the status of
native mammals, birds, plants, and invertebrates in the Antarctic
Treaty area, and the extent to which any species or population needs
protection;
(c) establishing a common form in which this information shall be
submitted by Parties in accordance with paragraph 2 below.
2. Each Party shall inform the other Parties as well as the
Committee before the end of November of each year of any step taken
pursuant to paragraph 1 above and of the number and nature of
permits issued under this Annex in the preceding period of 1st July
to 30th June.
ARTICLE 7
RELATIONSHIP WITH OTHER AGREEMENTS OUTSIDE
THE ANTARCTIC TREATY SYSTEM
Nothing in this Annex shall derogate from the rights and obligations
of Parties under the International Convention for the Regulation of
Whaling.

ARTICLE 8
REVIEW
The Parties shall keep under continuing review measurers for the
conservation of Antarctic fauna and flora, taking into a account any
recommendations from the Committee.

ARTICLE 9
AMENDMENT OR MODIFICATION
1. This Annex may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year
after the close of the Antarctic Treaty Consultative Meeting at
which it was adopted, unless one or more of the Antarctic Treaty
Consultative Parties notifies the Depositary, within that time
period, that it wishes an extension of that period or that it is
unable to approve the measure.
2. Any amendment or modification of this Annex which becomes
effective in accordance with paragraph 1 above shall thereafter
become effective as to any other Party when notice of approval by it
has been received by the Depositary.
APPENDICES TO THE ANNEX
APPENDIX A:
SPECIALLY PROTECTED SPECIES
All species of the genus Arctocephalus, Fur Seals. Ommatophoca
rossii, Ross Seal.
APPENDIX B:
IMPORTATION OF ANIMALS AND PLANTS
The following animals and plants may be imported into the Antarctic
Treaty area in accordance with permits issued under Article 4 of
this Annex:
(a) domestic plants; and
(b) laboratory animals and plants including viruses, bacteria,
yeasts and fungi.
APPENDIX C:
PRECAUTIONS TO PREVENT INTRODUCTION OF MICRO-ORGANISMS
1. Poultry. No live poultry or other living birds shall be brought
into the Artarctic Treaty area. Before dressed poultry is packaged
for shipment to the Antarctic Treaty area, it shall be inspected for
evidence of disease, such as Newcastle's Disease, tuberculosis, and
yeast infection. Any poultry or parts not consumed shall be removed
from the Antarctic Treaty area or disposed of by incineration or
equivalent means that eliminates risks to native flora and fauna.
2. The importation of non-sterile soil shall be avoided to the
maximum extent practicable.

ANNEX III TO THE PROTOCOL ON ENVIRONMENTAL
PROTECTION TO THE ANTARCTIC TREATY
WASTE DISPOSAL AND WASTE MANAGEMENT
ARTICLE 1
GENERAL OBLIGATIONS
1. This Annex shall apply to activities undertaken in the Antarctic

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Treaty area pursuant to scientific research programmes, tourism and
all other governmental and non-governmental activites in the
Antarctic Treaty area for which advance notice is required under
Article VII (5) of the Antarctic Treaty, including associated
logistic support activities.
2. The amount of wastes produced or disposed of in the Antarctic
Treaty area shall be reduced as far as practicable so as to minimise
impact on the Antarctic environment and to minimise interference
with the natural values of Antarctica, with scientific research and
with other uses of Antarctica which are consistent with the
Antarctic Treaty.
3. Waste storage, disposal and removal from the Antarctic Treaty
area, as well as recycling and source reduction, shall be essential
considerations in the planning and conduct of activities in the
Antarctic Treaty area.
4. Wastes removed from the Antarctic Treaty area shall, to the
maximum extent practicable, be returned to the country from which
the activities generating the waste were organized or to any other
country in which arrangements have been made for the disposal of
such wastes in accordance with relevant international agreements.
5. Past and present waste disposal sites on land and abandoned work
sites of Antarctic activities shall be cleaned up by the generator
of such wastes and the user of such sites. This obligation shall not
be interpreted as requiring:
(a) the removal of any structure designated as a historic site of
monument; or
(b) the removal of any structure or waste material in
circumstances where the removal by any practical option would result
in greater adverse environmental impact than leaving the structure
or waste material in its existing location.

ARTICLE 2
WASTE DISPOSAL BY REMOVAL FROM THE ANTARCTIC TREATY AREA
1. The following wastes, if generated after entry into force of this
Annex, shall be removed from the Artarctic Treaty area by the
generator of such wastes:
(a) radio-active materials;
(b) electrical batteries;
(c) fuel, both liquid and solid;
(d) wastes containing harmful levels of heavy metals or acutely
toxic or harmful persistent compounds;
(e) poly-vinyl chloride (PVC), polyurethane foam, polystyrene
foam, rubber and lubricating oils, treated timbers and other
products which contain additives that could produce harmful
emissions if incinerated;
(f) all other plastic wastes, except low density polyethylene
containers (such as bags for storing wastes), provided that such
containers shall be incinerated in accordance with Article 3 (1);
(g) fuel drums; and
(h) other solid, non-combustible wastes;
provided that the obligation to remove drums and solid
non-combustible wastes contained in subparagraphs (g) and (h) above
shall not apply in circumstances where the removal of such wastes by
any practical option would result in greater adverse environmental
impact than leaving them in their existing locations.
2. Liquid wastes which are not covered by paragraph 1 above and
sewage and domestic liquid wastes, shall, to the maximum extent
practicable, be removed from the Antarctic Treaty area by the
generator of such wastes.
3. The following wastes shall be removed from the Antarctic Treaty
area by the generator of such wastes, unless incinerated, autoclaved
or otherwise treated to be made sterile:
(a) residues of carcasses of imported animals;
(b) laboratory culture of micro-organisms and plant pathogens; and
(c) introduced avian products.

ARTICLE 3
WASTE DISPOSAL BY INCINERATION
1. Subject to paragraph 2 below, combustible wastes, other than
those referred to in Article 2 (1), which are not removed from the
Antarctic Treaty area shall be burnt in incinerators which to the
maximum extent practicable reduce harmful emissions. Any emission
standards and equipment guidelines which may be recommended by,
inter alia, the Committee and the Scientific Committee on Antarctic
Research shall be taken into account. The solid residue of such
incineration shall be removed from the Antarctic Treaty area.
2. All open burning of wastes shall be phased out as soon as
practicable, but no later than the end of the 1998/1999 season.
Pending the completion of such phase-out, when it is necessary to
dispose of wastes by open burning, allowance shall be made for the
wind direction and speed and the type of wastes to be burnt to limit
particulate deposition and to avoid such deposition over areas of

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special biological, scientific, historic, aesthetic or wilderness
significance including, in particular, areas accorded protection
under the Antarctic Treaty.

ARTICLE 4
OTHER WASTE DISPOSAL ON LAND
1. Wastes not removed or disposed of in accordance with Articles 2
and 3 shall not be disposed of onto ice-free areas or into fresh
water systems.
2. Sewage, domestic liquid wastes and other liquid wastes not
removed from the Antarctic Treaty area in accordance with Article 2,
shall, to the maximum extent practicable, not be disposed of onto
sea ice, ice shelves or the grounded ice-sheet, provided that such
wastes which are generated by stations located inland on ice shelves
or on the grounded ice-sheet may be disposed of in deep ice pits
where such disposal is the only practicable option. Such pits shall
not be located on known ice-flow lines which terminate at ice-free
areas or in areas of high ablation.
3. Wastes generated at field camps shall, to the maximum extent
practicable, be removed by the generator of such wastes to
supporting stations or ships for disposal in accordance with this
Annex.

ARTICLE 5
DISPOSAL OF WASTE IN THE SEA
1. Sewage and domestic liquid wastes may be discharged directly into
the sea, taking into account the assimilative capacity of the
receiving marine environment and provided that:
(a) such discharge is located, wherever practicable, where
conditions exist for initial dilution and rapid dispersal; and
(b) large quantities of such wastes (generated in a station where
the average weekly occupancy over the austral summer is
approximately 30 individuals or more) shall be treated at least by
maceration.
2. The by-product of sewerage treatment by the Rotary Biological
Contacter process or similar processes may be disposed of into the
sea provided that such disposal does not adversely affect the local
environment, and provided also that any such disposal at sea shall
be in accordance with Annex IV to the Protocol.

ARTICLE 6
STORAGE OF WASTE
All wastes to be removed from the Antarctic Treaty area, or
otherwise disposed of, shall be stored in such a way as to prevent
their dispersal into the environment.

ARTICLE 7
PROHIBITED PRODUCTS
No polychlorinated biphenyls (PCBs), non-sterile soil, polystyrene
beads, chips or similar forms of packaging, or pesticides (other
than those required for scientific, medical or hygiene purposes)
shall be introduced onto land or ice shelves or into water in the
Antarctic Treaty area.

ARTICLE 8
WASTE MANAGEMENT PLANNING
1. Each Party which itself conducts activities in the Antarctic
Treaty area shall, in respect of those activities, establish a waste
disposal classification system as a basis for recording wastes and
to facilitate studies aimed at evaluating the environmental impacts
of scientific activity and associated logistic support. To that end,
wastes produced shall be classified as:
(a) sewage and domestic liquid wastes (Group 1);
(b) other liquid wastes and chemicals, including fuels and
lubricants (Group 2);
(c) solids to be combusted (Group 3);
(d) other solid wastes (Group 4); and
(e) radioactive material (Group 5).
2. In order to reduce further the impact of waste on the Antarctic
environment, each such Party shall prepare and annually review and
update its waste management plans (including waste reduction,
storage and disposal), specifying for each fixed site, for field
camps generally, and for each ship (other than small boats that are
part of the operations of fixed sites or of ships and taking into
account existing management plans for ships):
(a) programmes for cleaning up existing waste disposal sites and
abandoned work sites;
(b) current and planned waste management arangements, including
final disposal;
(c) current and planned arrangements for analysing the
environmental effects of waste and waste management; and
(d) other efforts to minimise any environmental effects of wastes
and waste management.
3. Each such Party shall, as far as is practicable, also prepare an
inventory of locations of past activities (such as traverses, fuel

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depots, field bases, crashed aircraft) before the information is
lost, so that such locations can be taken into account in planning
future scientific programmes (such as snow chemistry, pollutants in
lichens or ice core drilling).

ARTICLE 9
CIRCULATION AND REVIEW OF WASTE MANAGEMENT PLANS
1. The waste management plans prepared in accordance with Article 8,
reports on their implementation, and the inventories referred to in
Article 8 (3), shall be included in the annual exchanges of
information in accordance with Articles III and VII of the Antarctic
Treaty and related Recommendations under Article IX of the Antarctic
Treaty.
2. Each Party shall send copies of its waste management plans, and
reports on their implementation and review, to the Committee.
3. The Committee may review waste management plans and reports
thereon and may offer comments, including suggestions for minimising
impacts and modifications and improvement to the plans, for the
consideration of the Parties.
4. The Parties may exchange information and provide advice on, inter
alia, available low waste technologies, reconversion of existing
installations, special requirements for effluents, and appropriate
disposal and discharge methods.

ARTICLE 10
MANAGEMENT PRACTICES
Each Party shall:
(a) designate a waste management official to develop and monitor
waste management plans; in the field, this responsibility shall be
delegated to an appropriate person at each site;
(b) ensure that members of its expeditions receive training
designed to limit the impact of its operations on the Antarctic
environment and to inform them of requirements of this Annex; and
(c) discourage the use of poly-vinyl chloride (PVC) products and
ensure that its expeditions to the Antarctic Treaty area are advised
of any PVC products they may introduce into that area in order that
these products may be removed subsequently in accordance with this
Annex.

ARTICLE 11
REVIEW
This Annex shall be subject to regular review in order to ensure
that it is updated to reflect improvement in waste disposal
technology and procedures and to ensure thereby maximum protection
of the Antarctic environment.

ARTICLE 12
CASES OF EMERGENCY
1. This Annex shall not apply in cases of emergency relating to the
safety of human life or of ships, aircraft or equipment and
facilities of high value or the protection of the environment.
2. Notice of activities undertaken in cases of emergency shall be
circulated immediately to all Parties and to the Committee.

ARTICLE 13
AMENDMENT OR MODIFICATION
1. This Annex may be amended or modified by a measure adopted in
accordance with Article IX (1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year
after the close of the Antarctic Treaty Consultative Meeting at
which it was adopted, unless one or more of the Antarctic Treaty
Consultative Parties notifies the Depositary, within that time
period, that it wishes an extension of that period or that it is
unable to approve the amendment.
2. Any amendment or modification of this Annex which becomes
effective in accordance with paragraph 1 above shall thereafter
become effective as to any other Party when notice of approval by it
has been received by the Depositary.

ANNEX V TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO
THE ANTARCTIC TREATY
AREA PROTECTION AND MANAGEMENT
ARTICLE 1
DEFINITIONS
For the purposes of this Annex:
(a) "appropriate authority" means any person or agency authorised
by a Party to issue permits under this Annex;
(b) "permit" means a formal permission in writing issued by an
appropriate authority;
(c) "Management Plan" means a plan to manage the activities and
protect the special value or values in an Antarctic Specially
Protected Area or an Antarctic Specially Managed Area.

ARTICLE 2
OBJECTIVES
For the purposes set out in this Annex, any area, including any

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marine area, may be designated as an Antarctic Specially Protected
Area or an Antarctic Specially Managed Area. Activities in those
Areas shall be prohibited, restricted or managed in accordance with
Management Plans adopted under the provisions of this Annex.

ARTICLE 3
ANTARCTIC SPECIALLY PROTECTED AREAS
1. Any area, including any marine area, may be designated as an
Antarctic Specially Protected Area to protect outstanding
environmental, scientific, historic, aesthetic or wilderness values,
any combination of those values, or ongoing or planned scientific
research.
2. Parties shall seek to identify, within a systematic
environmental-geographical framework, and to include in the series
of Antarctic Specially Protected Areas:
(a) areas kept inviolate from human interference so that future
comparisons may be possible with localities that have been affected
by human activities;
(b) representative examples of major terrestrial, including
glacial and aquatic, ecosystems and marine ecosystems;
(c) areas with important or unusual assemblages of species,
including major colonies of breeding native birds or mammals;
(d) the type locality or only known habitat of any species;
(e) areas of particular interest to ongoing or planned scientific
research;
(f) examples of outstanding geological, glaciological or
geomorphological features;
(g) areas of outstanding aesthetic and wilderness value;
(h) sites or monuments of recognised historic value; and
(i) such other areas as may be appropriate to protect the values
set out in paragraph 1 above.
3. Specially Protected Areas and Sites of Special Scientific
Interest designated as such by past Antarctic Treaty Consultative
Meetings are hereby designated as Antarctic Specially Protected
Areas and shall be renamed and renumbered accordingly.
4. Entry into an Antarctic Specially Protected Area shall be
prohibited except in accordance with a permit issued under Article
7.

ARTICLE 4
ANTARCTIC SPECIALLY MANAGED AREAS
1. Any area, including any marine area, where activities are being
conducted or may in the future be conducted, may be designated as an
Antarctic Specially Managed Area to assist in the planning and
co-ordination of activities, avoid possible conflicts, improve
co-operation between Parties or minimise environmental impacts.
2. Antarctic Specially Managed Areas may include:
(a) areas where activities pose risks of mutual interference or
cumulative environmental impacts; and
(b) sites or monuments of recognised historic value.
3. Entry into an Antarctic Specially Managed Area shall not require
a permit.
4. Notwithstanding paragraph 3 above, an Antarctic Specially Managed
Area may contain one or more Antarctic Specially Protected Areas,
entry into which shall be prohibited except in accordance with a
permit issued under Article 7.

ARTICLE 5
MANAGEMENT PLANS
1. Any Party, the Committee, the Scientific Committee for the
Antarctic Research or the Commission for the Conservation of
Antarctic Marine Living Resources may propose an area for
designation as an Antarctic Specially Protected Area or an Antarctic
Specially Managed Area by submitting a proposed Management Plan to
the Antarctic Treaty Consultative Meeting.
2. The area proposed for designation shall be of sufficient size to
protect the values for which the special protection or management is
required.
3. Proposed Management Plans shall include, as appropriate:
(a) a description of the value or values for which special
protection or management is required;
(b) a statement of the aims and objectives of the Management Plan
for the protection or management of those values;
(c) management activities which are to be undertaken to protect
the values for which special protection or management is required;
(d) a period of designation, if any;
(e) a description of the area, including:
(i) the geographical co-ordinates, boundary markers and natural
features that delineate the area;
(ii) access to the area by land, sea or air including marine
approaches and anchorages, pedestrian and vehicular routes within
the area, and aircraft routes and landing areas;
(iii) the location of structures, including scientific stations,

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research or refuge facilities, both within the area and near to it;
and
(iv) the location in or near the area of other Antarctic
Specially Protected Areas or Antarctic Specially Managed Areas
designated under this Annex, or other protected areas designated in
accordance with measures adopted under other components of the
Antarctic Treaty System;
(f) the identification of zones within the area, in which
activities are to be prohibited, restricted or managed for the
purpose of achieving the aims and objectives referred to in
subparagraph (b) above;
(g) maps and photographs that show clearly the boundary of the
area in relation to surrounding features and key features within the
area;
(h) supporting documentation;
(i) in respect of an area proposed for designation as an Antarctic
Specially Protected Area, a clear description of the conditions
under which permits may be granted by the appropriate authority
regarding:
(i) access to and movement within or over the area;
(ii) activities which are or may be conducted within the area,
including restrictions on time and place;
(iii) the installation, modification, or removal of structures;
(iv) the location of field camps;
(v) restrictions on materials and organisms which may be brought
into the area;
(vi) the taking of or harmful interference with native flora and
fauna;
(vii) the collection or removal of anything not brought into the
area by the permit-holder;
(viii) the disposal of waste;
(ix) measures that may be necessary to ensure that the aims and
objectives of the Management Plan can continue to be met; and
(x) requirements for reports to be made to the appropriate
authority regarding visits to the area;
(j) in respect of an area proposed for designation as an Antarctic
Specially Managed Area, a code of conduct regarding:
(i) access to and movement within or over the area;
(ii) activities which are or may be conducted within the area,
including restrictions on time and place;
(iii) the installation, modification, or removal of structures;
(iv) the location of field camps;
(v) the taking of or harmful interference with native flora and
fauna;
(vi) the collection or removal of anything not brought into the
area by the visitor;
(vii) the disposal of waste; and
(viii) any requirements for reports to be made to the
appropriate authority regarding visits to the area; and
(k) provisions relating to the circumstances in which Parties
should seek to exchange information in advance of activities which
they propose to conduct.

ARTICLE 6
DESIGNATION PROCEDURES
1. Proposed Management Plans shall be forwarded to the Committee,
the Scientific Committee on Antarctic Research and, as appropriate,
to the Commission for the Conservation of Antarctic Marine Living
Resources. In formulating its advice to the Antarctic Treaty
Consultative Meeting, the Committee shall take into acount any
comments provided by the Scientific Committee on Antarctic Research
and, as appropriate, by the Commission for the Conservation of
Antarctic Marine Living Resources. Thereafter Management Plans may
be approved by the Antarctic Treaty Consultative Parties by a
measure adopted at an Antarctic Treaty Consultative Meeting in
accordance with Article IX(1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the Plan shall be deemed to have been
approved 90 days after the close of the Antarctic Treaty
Consultative Meeting at which it was adopted, unless one or more of
the Consultative Parties notifies the depositary, within that time
period, that it wishes an extension of that period or is unable to
approve the measure.
2. Having regard to the provisions of Articles 4 and 5 of the
Protocol, no marine area shall be designated as an Antarctic
Specially Protected Area or an Antarctic Specially Managed Area
without the prior approval of the Commission for the Conservation of
Antarctic Marine Living Resources.
3. Designation of an Antarctic Specially Protected Area or an
Antarctic Specially Managed Area shall be for an indefinite period
unless the Management Plan provides otherwise. A review of a
Management Plan shall be initiated at least every five years. The

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Plan shall be updated as necessary.
4. Management Plans may be amended or revoked in accordance with
paragraph 1 above.
5. Upon approval Management Plans shall be circulated promptly by
the Depositary to all Parties. The Depositary shall maintain a
record of all currently approved Management Plans.

ARTICLE 7
PERMITS
1. Each Party shall appoint an appropriate authority to issue
permits to enter or engage in activities within an Antarctic
Specially Protected Area in accordance with the requirements of the
Management Plan relating to that Area. The permit shall be
accompanied by the relevant sections of the Management Plan and
shall specify the extent and location of the Area, the authorised
activities and when, where and by whom the activities are authorised
and any other conditions imposed by the Management Plan.
2. In the case of a Specially Protected Area designated as such by
past Antarctic Treaty Consultative Meetings which does not have a
Management Plan, the appropriate authority may issue a permit for a
compelling scientific purpose which cannot be served elsewhere and
which will not jeopardise the natural ecological system in that
Area.
3. Each Party shall require a permit-holder to carry a copy of the
permit while in the Antarctic Specially Protected Area concerned.

ARTICLE 8
HISTORIC SITES AND MONUMENTS
1. Sites or monuments of recognised historic value which have been
designated as Antarctic Specially Protected Areas or Antarctic
Specially Managed Areas, or which are located within such Areas,
shall be listed as Historic Sites and Monuments.
2. Any Party may propose a site or monument of recognised historic
value which has not been designated as an Antarctic Specially
Protected Area or an Antarctic Specially Managed Area, or which is
not located within such an Area, for listing as a Historic Site or
Monument. The proposal for listing may be approved by the Antarctic
Treaty Consultative Parties by a measure adopted at an Antarctic
Treaty Consultative Meeting in accordance with Article IX(1) of the
Antarctic Treaty. Unless the measure specifies otherwise, the
proposal shall be deemed to have been approved 90 days after the
close of the Antarctic Treaty Consultative Meeting at which it was
adopted, unless one or more of the Consultative Parties notifies the
Depositary, within that time period, that it wishes an extension of
that period or is unable to approve the measure.
3. Existing Historic Sites and Monuments which have been listed as
such by previous Antarctic Treaty Consultative Meetings shall be
included in the list of Historic Sites and Monuments under this
Article.
4. Listed Historic Sites and Monuments shall not be damaged, removed
or destroyed.
5. The list of Historic Sites and Monuments may be amended in
accordance with paragraph 2 above. The Depositary shall maintain a
list of current Historic Sites and Monuments.

ARTICLE 9
INFORMATION AND PUBLICITY
1. With a view to ensuring that all persons visiting or proposing to
visit Antarctica understand and observe the provisions of this
Annex, each Party shall make available information setting forth, in
particular:
(a) the location of Antarctic Specially Protected Areas and
Antarctic Specially Managed Areas;
(b) listing and maps of those Areas;
(c) the Management Plans, including listings of prohibitions
relevant to each Area;
(d) the location of Historic Sites and Monuments and any relevant
prohibition or restriction.
2. Each Party shall ensure that the location and, if possible, the
limits, of Antarctic Specially Protected Areas, Antarctic Specially
Managed Areas and Historic Sites and Monuments are shown on its
topographic maps, hydrographic charts and in other relevant
publications.
3. Parties shall co-operate to ensure that, where appropriate, the
boundaries of Antarctic Specially Protected Areas, Antarctic
Specially Managed Areas and Historic Sites and Monuments are
suitably marked on the site.

ARTICLE 10
EXCHANGE OF INFORMATION
1. The Parties shall make arrangements for:
(a) collecting and exchanging records, including records of
permits and reports of visits, including inspection visits, to
Antarctic Specially Protected Areas and reports of inspection visits
to Antarctic Specially Managed Areas;
(b) obtaining and exchanging information on any significant change
or damage to any Antarctic Specially Managed Area, Antarctic
Specially Protected Area or Historic Site or Monument; and
(c) establishing common forms in which records and information
shall be submitted by Parties in accordance with paragraph 2 below.
2. Each Party shall inform the other Parties and the Committee
before the end of November of each year of the number and nature of
permits issued under this Annex in the preceding period of 1st July
to 30th June.
3. Each Party conducting, funding or authorising research or other
activities in Antarctic Specially Protected Areas or Antarctic
Specially Managed Areas shall maintain a record of such activities
and in the annual exchange of information in accordance with the
Treaty shall provide summary descriptions of the activities
conducted by persons subject to its jurisdiction in such areas in
the preceding year.
4. Each Party shall inform the other Parties and the Committee
before the end of November each year of measures it has taken to
implement this Annex, including any site inspections and any steps
it has taken to address instances of activities in contravention of
the provisions of the approved Management Plan for an Antarctic
Specially Protected Area or Antarctic Specially Managed Area.

ARTICLE 11
CASES OF EMERGENCY
1. The restrictions laid down and authorised by this Annex shall not
apply in cases of emergency involving safety of human life or of
ships, aircraft, or equipment and facilities of high value or the
protection of the environment.
2. Notice of activities undertaken in cases of emergency shall be
circulated immediately to all Parties and to the Committee.

ARTICLE 12
AMENDMENT OR MODIFICATION
1. This Annex may be amended or modified by a measure adopted in
accordance with Article IX(1) of the Antarctic Treaty. Unless the
measure specifies otherwise, the amendment or modification shall be
deemed to have been approved, and shall become effective, one year
after the close of the Antarctic Treaty Consultative Meeting at
which it was adopted, unless one or more of the Antarctic Treaty
Consultative Parties notifies the Depositary, within that time
period, that it wishes an extension of that period or that it is
unable to approve the measure.
2. Any amendment or modification of this Annex which becomes
effective in accordance with paragraph 1 above shall thereafter
become effective as to any other Party when notice of approval by it
has been received by the Depositary.