ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980

This compilation was prepared on 27 December 2011
taking into account amendments up to Act No. 46 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Contents

Part 1--Preliminary 1

1............ Short title [see Note 1] ........................................................................ 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ....................................................................................... 2

4............ Application of Act ............................................................................... 8

5............ Extension of Act to Territories ............................................................ 8

6............ Act binds Crown ................................................................................. 8

6A......... Application of the Criminal Code ....................................................... 8

7............ Application of other laws .................................................................... 9

7A......... Necessity to act in accordance with basic environmental principles .. 10

Part 2--Conservation of Antarctic fauna and flora 11

7C......... Specially protected species ................................................................ 11

8............ Antarctic specially protected areas etc. .............................................. 11

8A......... Historic sites and monuments ........................................................... 12

9............ Grant and renewal of permit .............................................................. 13

9A......... Authorities under permits .................................................................. 15

10.......... Restrictions applicable to permits ...................................................... 15

11.......... Variation, suspension and revocation of permits ............................... 19

12.......... Variation and revocation of conditions .............................................. 20

Part 3--Environmental impact assessment 21

12A....... Interpretation ..................................................................................... 21

12B....... Object of Part .................................................................................... 21

12C....... Part does not apply to certain activities .............................................. 21

12D....... Preliminary assessment of likely impact of activity on Antarctic environment 21

12E........ Preliminary determination of likely impact of activity ....................... 22

12F........ Activity to proceed if impact negligible ............................................. 22

12G....... Initial environmental evaluation ......................................................... 23

12H....... Determination of likely impact of activity based on initial environmental evaluation 23

12J........ Authorisation of activity likely to have minor etc. impact on environment 24

12K....... Comprehensive environmental evaluation ......................................... 24

12L........ Authorisation of activity likely to have more than minor etc. impact on environment 25

12M...... Notice of authorisation ...................................................................... 26

12N....... Variation, suspension and revocation of authorisation ...................... 26

12P........ Variation etc. of conditions ............................................................... 27

12PA..... Method of giving notice of variations etc. ......................................... 28

12Q....... Monitoring of activities ..................................................................... 28

Part 4--Inspectors 29

13.......... Appointment of inspectors ................................................................ 29

14.......... Inspectors ex officio ........................................................................... 29

15.......... Identity cards ..................................................................................... 29

16.......... Arrest without warrant ...................................................................... 29

17.......... General powers of inspectors ............................................................ 30

18.......... Seizure .............................................................................................. 32

Part 5--Offences 33

19.......... Offences relating to the environment ................................................. 33

19AA.... Offences relating to rocks and meteorites .......................................... 35

19AB.... Offence relating to return of indigenous species ............................... 36

19A....... Prohibition against mining in the Territory ........................................ 36

19B....... Prohibition against mining in the Antarctic ....................................... 36

19C....... Prosecution of offences ..................................................................... 37

20.......... Contravening conditions of permits .................................................. 37

21.......... Furnishing information ..................................................................... 37

21AA.... Giving information about act done in emergency situation ................ 38

21AB.... Giving further information about act done in emergency situation .... 39

21A....... Unauthorised activities ...................................................................... 40

Part 6--Miscellaneous 41

25.......... Officers and employees of governments and authorities ................... 41

26.......... Programs etc. relating to the Antarctic ............................................... 41

27.......... Delegation ......................................................................................... 41

28.......... Review of decisions .......................................................................... 41

29.......... Regulations ....................................................................................... 42

Schedule 1--Convention for the Conservation of Antarctic Seals 45

Schedule 2--English text of paragraphs 21, 31 and 36 of the report of the 1988 Meeting of the Representatives of the Contracting Parties to the Seals Convention 56

Schedule 3--Protocol on Environmental Protection to the Antarctic Treaty 57

Notes 103

An Act relating to the protection and conservation of the environment of the Antarctic

WHEREAS Australia is a Party to the Convention for the Conservation of Antarctic Seals:

AND WHEREAS it is desirable to make provision for giving effect to that Convention:

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:

BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Notes to the Antarctic Treaty (Environment Protection) Act 1980

Note 1

The Antarctic Treaty (Environment Protection) Act 1980 as shown in this compilation comprises Act No. 103, 1980 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 11 December 1992 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Antarctic Treaty (Environment Protection) Act 1980	103, 1980	6 June 1980	Ss. 16-21: 6 Dec 1980 Remainder: Royal Assent
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	S. 3: 8 Jan 1987 (see Gazette 1986, No. S660) (a)	--
Statute Law (Miscellaneous Provisions) Act (No. 1) 1986	76, 1986	24 June 1986	S. 3: Royal Assent (b)	S. 9
Civil Aviation Act 1988	63, 1988	15 June 1988	Part III (ss. 17-32), s. 98 and Parts IX, X (ss. 99-103): 1 July 1988 (see Gazette 1988, No. S189) Remainder: Royal Assent	S. 100(1)-(3)
Antarctic (Environment Protection) Legislation Amendment Act 1992	156, 1992	11 Dec 1992	Ss. 1, 2, 29, 30: 11 Dec 1992 Ss. 4(2), 6(3), 10, 11, 12(3)(a), 13(5), 13(6), 17(4), 19(2), 25(2): 24 Nov 2002 Ss. 6(2), 9, 12(3)(b), 13(3), 13(4), 17(3), 18, 27, 31: 1 Mar 1998 (see Gazette 1998, No. GN8) Ss. 12(2), 17(2): 1 Apr 1994 Remainder:11 June 1993	S. 13(2), (4), (6) [see Table A]
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 2 (item 14): (c) Schedule 2 (item 15): (c) Schedule 2 (item 16): (c) Schedule 5 (items 13-15): Royal Assent (c)	--
Environmental Reform (Consequential Provisions) Act 1999	92, 1999	16 July 1999	Schedule 4 (items 38, 39): 16 July 2000 (d)	--
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Ss. 1-3, Schedule 1 (items 1, 4, 6, 7, 9-11, 32): Royal Assent Remainder: 24 May 2001	Sch. 2 (items 418, 419) [see Table A]
Environment and Heritage Legislation Amendment (Application of Criminal Code) Act 2001	15, 2001	22 Mar 2001	S. 4 and Schedule 1 (items 22-27, 31-39): 24 May 2001 (e) Schedule 1 (items 28-30): 24 Nov 2002 (e)	S. 4 [see Table A]
Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Act 2006	164, 2006	11 Dec 2006	Schedule 1: 11 June 2007	Sch. 1 (items 89-92) [see Table A]
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010	4, 2010	19 Feb 2010	Schedule 11 (item 4): 20 Feb 2010	--
Antarctic Treaty (Environment Protection) Amendment Act 2010	23, 2010	25 Mar 2010	Schedule 1: [see Note 2 and Table A] Remainder: Royal Assent	Sch. 1 (item 33) [see Table A]
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (item 66) and Schedule 3 (items 10, 11): 27 Dec 2011	Sch. 3 (items 10, 11) [see Table A]

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Preamble..................................	am. No. 65, 1985; No. 156, 1992
Part 1
Heading to Part 1....................	ad. No. 156, 1992
S. 3...........................................	am. No. 65, 1985; No. 63, 1988; No. 156, 1992; No. 164, 2006; No. 4, 2010; No. 46, 2011
S. 6...........................................	am. No. 156, 1992
S. 6A.........................................	am. No. 15, 2001
S. 7...........................................	am. No. 65, 1985; No. 156, 1992; No. 92, 1999
S. 7A.........................................	ad. No. 156, 1992
Part 2
Heading to Part 2....................	ad. No. 156, 1992
S. 7B.........................................	ad. No. 156 , 1992
	rep. No. 156, 1992
S. 7C........................................	ad. No. 156 , 1992
	am. No. 164, 2006
S. 8...........................................	am. No. 156, 1992
	rs. No. 156, 1992
S. 8A.........................................	ad. No. 156, 1992
S. 9...........................................	am. No. 156, 1992; No. 43, 1996; No. 164, 2006
S. 9A.........................................	ad. No. 164, 2006
S. 10.........................................	am. No. 156, 1992; No. 164, 2006
S. 11.........................................	am. No. 156, 1992; No. 43, 1996
S. 12.........................................	am. No. 156, 1992; No. 164, 2006
Part 3
Part 3 .......................................	ad. No. 156, 1992
Ss. 12A-12M............................	ad. No. 156, 1992
Ss. 12N, 12P............................	ad. No. 156, 1992
	am. No. 164, 2006
S. 12PA....................................	ad. No. 164, 2006
S. 12Q......................................	ad. No. 156, 1992
Part 4
Heading to Part 4....................	ad. No. 156, 1992
S. 15.........................................	am. No. 43, 1996; No. 164, 2006
S. 16.........................................	am. No. 43, 1996
S. 17.........................................	am. No. 156, 1992; No. 43, 1996; No. 15, 2001; No. 164, 2006
S. 18.........................................	am. No. 43, 1996
Part 5
Heading to Part 5....................	ad. No. 156, 1992
S. 19.........................................	am. No. 65, 1985; No. 76, 1986; No. 156, 1992; No. 43, 1996; No. 15, 2001; No. 164, 2006
Ss. 19AA, 19AB........................	ad. No. 164, 2006
Ss. 19A-19C............................	ad. No. 156, 1992
	am. No. 164, 2006
S. 20.........................................	am. No. 43, 1996
	rs. No. 15, 2001
	am. No. 164, 2006
S. 21.........................................	am. No. 156, 1992; No. 43, 1996; No. 15, 2001; No. 164, 2006
Ss. 21AA, 21AB........................	ad. No. 164, 2006
S. 21A.......................................	ad. No. 156, 1992
	am. No. 15, 2001; No. 164, 2006
Note to s. 21A(4).....................	ad. No. 15, 2001
Ss. 22, 23.................................	am. No. 43, 1996
	rep. No. 137, 2000
S. 24.........................................	rep. No. 156, 1992
Part 6
Heading to Part 6....................	ad. No. 156, 1992
S. 27.........................................	rs. No. 156, 1992
	am. No. 43, 1996
S. 28.........................................	am. No. 156, 1992; No. 164, 2006
S. 29.........................................	am. No. 65, 1985; No. 156, 1992; No. 164, 2006
Schedules
Heading to Schedule.............	rep. No. 156, 1992
Heading to Schedule 1..........	ad. No. 156, 1992
Schedule.................................	ad. No. 65, 1985
Schedules 2, 3........................	ad. No. 156, 1992

Note 2

Antarctic Treaty (Environment Protection) Amendment Act 2010
(No. 23, 2010)

The following amendments commence on the day Measure 16, adopted by the XXXIInd Antarctic Treaty Consultative Meeting at Baltimore on 17 April 2009, comes into force for Australia. However, the amendments may not commence, see subsection 2(1) (item 2):

Schedule 1

1 Subsection 3(1)

Insert:

organism includes:

(a) a living organism at any stage of its life cycle; and

(b) an organism that was once alive, but is now dead; and

(d) an article containing or infected by a virus or bacterium.

2 Subsection 3(1) (definition of specially protected species)

After "native bird", insert ", native invertebrate".

3 Subsection 3(1) (definition of take)

Repeal the definition, substitute:

take:

(a) in relation to a native bird or native seal--includes catch or capture; and

(b) in relation to native plants--means to remove or damage such quantities of the plants that their local distribution or abundance would be significantly affected; and

(c) in relation to native invertebrates--means to remove or damage such quantities of the invertebrates that their local distribution or abundance would be significantly affected.

4 Subsection 3(2)

Repeal the subsection.

5 Subsection 7C(1)

After "native bird", insert ", native invertebrate".

6 Subparagraph 10(1)(b)(ii)

Omit "(including display in museums, zoological gardens or other educational or cultural institutions) or such other educational or cultural purposes", substitute "(including display in museums or other educational institutions) or such other educational purposes".

Note: The following heading to subsection 10(1) is inserted "Permits for taking etc. native birds and native seals".

7 After subparagraph 10(1)(b)(ii)

Insert:

(iia) if the permit relates to native birds or native seals--providing specimens for zoological gardens in cases where such specimens cannot be obtained from existing captive collections elsewhere or where there is a compelling conservation need; or

8 Subparagraph 10(1)(b)(iv)

After "subparagraph (ii)", insert "or (iia)".

9 At the end of paragraph 10(1)(c)

Add:

; and (iii) if the permit is to kill a native bird or native seal of that species--there is no suitable alternative technique to achieve the purpose for which the permit is granted.

10 After subsection 10(1A)

Insert:

Permits for taking native invertebrates

(1AA) A permit must not authorise a person to take native invertebrates unless:

(a) the Minister is satisfied that the variety of species, the habitats essential to their existence 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 taking authorised by the permit will be carried on to the extent only that it is necessary for:

(i) the construction and operation of scientific support facilities; or

(ii) providing specimens for scientific research, public education (including display in museums or other educational institutions) or such other educational purposes as the Minister thinks fit; or

(iii) providing specimens for zoological gardens; or

(iv) monitoring or conserving the environment or an historic site or monument; or

(v) providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii) or (iii); and

(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 that species; and

(iii) if the permit is to kill native invertebrates of that species--there is no suitable alternative technique to achieve the purpose for which the permit is granted.

11 Subparagraph 10(1B)(b)(ii)

Omit "(including display in museums, herbaria, botanical gardens or other educational or cultural institutions) or such other educational or cultural purposes", substitute "(including display in museums, herbaria, botanical gardens or other educational institutions) or such other educational purposes".

Note: The following heading to subsection 10(1B) is inserted "Permits for gathering etc. native plants".

12 At the end of paragraph 10(1B)(c)

Add:

; and (iii) if the permit is to kill (whether by collection or any other action) a native plant of that species--there is no suitable alternative technique to achieve the purpose for which the permit is granted.

Note: The following heading to subsection 10(1C) is inserted "Permits for gathering etc. meteorites and rocks".

13 Subsection 10(1D)

Repeal the subsection.

14 Paragraph 10(2)(b)

Omit "that is not indigenous to the Antarctic".

Note: The following heading to subsection 10(2) is inserted "Permits to bring organisms into the Antarctic".

15 Subsection 10(3)

Repeal the subsection, substitute:

(3) A permit must not authorise a person to bring into the Antarctic a cultivated plant that is not indigenous to the Antarctic or a reproductive propagule of such a plant other than for use under controls that ensure that it does not escape into the Antarctic environment.

(3A) A permit must not authorise a person to bring into the Antarctic any other organism that is not indigenous to the Antarctic other than for experimental use under controls that ensure that it does not escape into the Antarctic environment.

16 Subsection 10(4)

Omit "an animal, plant, virus, bacterium, yeast or fungus that is not indigenous to the Antarctic and might cause harmful interference with the natural system if left unsupervised within the Antarctic", substitute "an organism that is not indigenous to the Antarctic".

17 Subsection 10(5)

Repeal the subsection, substitute:

(5) A permit authorising a person to bring into the Antarctic organisms that are not indigenous to the Antarctic must:

(a) specify:

(i) the number of organisms to which the permit relates; and

(ii) the species of the organisms; and

(iii) a rationale justifying the introduction of the organisms; and

(iv) 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 organisms from escaping or coming in contact with fauna or flora.

Note: The following heading to subsection 10(6) is inserted "Specially protected areas".

18 Paragraph 17(1)(a)

Omit "any animal, plant, virus, bacterium, yeast, fungus", substitute "any organism".

19 Subsection 18(2)

Omit "any animal, plant, virus, bacterium, yeast or fungus", substitute "any organism".

20 Subparagraph 19(1A)(b)(i)

Omit ", a native invertebrate".

21 Subparagraph 19(1A)(b)(ii)

Omit ", a native invertebrate".

22 After subparagraph 19(1A)(b)(ii)

Insert:

(iia) causes the taking of native invertebrates or native plants in the Antarctic; or

23 Subparagraph 19(1A)(b)(iii)

Omit ", a native invertebrate".

24 Subparagraph 19(1A)(b)(iiia)

Omit "seal; or", substitute "seal.".

25 Subparagraph 19(1A)(b)(iv)

Repeal the subparagraph.

26 Paragraph 19(1)(c)

Omit "an animal, plant, virus, bacterium, yeast or fungus", substitute "an organism".

27 After paragraph 19(1)(caa)

Insert:

(cab) bring a living bird into the Antarctic; or

28 Paragraph 19(2)(g)

Repeal the paragraph, substitute:

(g) cause or permit to escape from his or her control or the control of any other person an organism that is not indigenous to the Antarctic and has been brought into the Antarctic by virtue of a permit.

29 Paragraph 19(3)(b)

Omit "the animal (not being a live bird), plant, virus, bacterium, yeast or fungus, as the case may be,", substitute "the organism".

30 After section 19AB

Insert:

19AC Offence relating to the accidental introduction of micro-organisms

(1) A person commits an offence if:

(a) the person brings into the Antarctic an organism or an article; and

(b) the person, by that conduct, brings into the Antarctic a micro-organism that is not indigenous to the Antarctic.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(2) Subsection (1) does not apply if:

(a) the person brings the organism or article into the Antarctic for use as food; or

(b) the person has taken all reasonable precautions to ensure that a micro-organism that is not indigenous to the Antarctic is not brought into the Antarctic by the conduct mentioned in paragraph (1)(a); or

(3) Subsection (1) does not apply in relation to the conduct mentioned in paragraph (1)(a) if the conduct was done in an emergency:

(a) to save a person from death or serious injury; or

(b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or

19AD Offences relating to bringing food into the Antarctic

Bringing live animals into the Antarctic as food

(1) A person must not bring a live animal into the Antarctic for use as food.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Controls to ensure organisms brought into Antarctic as food do not escape

(2) If a person brings an organism into the Antarctic for use as food, the person must put controls in place that ensure that the organism does not escape into the Antarctic environment.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

Poultry and food products derived from poultry

(3) A person commits an offence if:

(a) the person brings poultry or any other bird product that is to be used as food into the Antarctic; and

(b) the poultry or other bird product is contaminated with disease.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(4) Subsection (3) does not apply if the person has taken all reasonable precautions to ensure that disease is not brought into the Antarctic by the conduct mentioned in paragraph (3)(a).

19AE Offence relating to destruction of organisms brought into Antarctic without a permit

(1) This section applies if:

(a) a person brings into, or keeps in, the Antarctic an organism that is not indigenous to the Antarctic; and

(b) that conduct is not in accordance with a permit or recognised foreign authority (either because the person does not have one to do so or because the conduct cannot be authorised by a permit or recognised foreign authority); and

(2) The person must, as soon as is reasonably practicable after bringing the organism into the Antarctic or beginning to keep it, remove or destroy the organism and any progeny of the organism.

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(3) Subsection (2) does not apply if:

(a) it is not feasible to remove or destroy the organism or its progeny; or

(b) the removal or destruction of the organism or its progeny would result in a greater adverse environmental impact than not doing so; or

(4) The person must, as soon as is reasonably practicable after bringing the organism into the Antarctic or beginning to keep it, take all reasonable steps to avoid or, if already occurring, control the consequences of the conduct mentioned in paragraph (1)(a).

Penalty: Imprisonment for 2 years or 120 penalty units, or both.

(5) Subsection (4) does not apply if the organism is brought into or kept in the Antarctic to be used as food.

31 Paragraphs 29(2)(f) and (g)

Omit "animals, plants, viruses, bacteria, yeasts and fungi", substitute "organisms".

32 Schedule 3 (Annex II to the Protocol on Environmental Protection to the Antarctic Treaty)

Repeal the Annex, substitute:

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 naturally through 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 naturally through migrations;

(c) "native plant" means any member of any species of 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 member of any species of 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 authorised 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 or invertebrates 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 native birds or seals;

(ii) using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of native birds or seals;

(iii) using explosives or firearms in a manner that disturbs concentrations of native birds or seals;

(iv) wilfully disturbing breeding or moulting native birds or concentrations of native birds or 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.

(j) "Agreement on the Conservation of Albatrosses and Petrels" means the Agreement done at Canberra on 19 June 2001.

ARTICLE 2

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 that result in any taking or harmful interference 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 authorised 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 and botanical gardens, or other educational institutions or uses;

(c) to provide specimens for zoological gardens but, in respect of native mammals or birds, only if such specimens cannot be obtained from existing captive collections elsewhere, or if there is a compelling conservation requirement; and

(d) to provide for unavoidable consequences of scientific activities not otherwise authorised under sub-paragraphs (a), (b) or (c) 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, plants or invertebrates 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 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, plants and invertebrates listed in Appendix A to this Annex shall be designated "Specially Protected Species", and shall be accorded special protection by the Parties.

5. Designation of a species as a Specially Protected Species shall be undertaken according to agreed procedures and criteria adopted by the ATCM.

6. The Committee shall review and provide advice on the criteria for proposing native mammals, birds, plants or invertebrates for designation as a Specially Protected Species.

7. Any Party, the Committee, the Scientific Committee on Antarctic Research or the Commission for the Conservation of Antarctic Marine Living Resources may propose a species for designation as a Specially Protected Species by submitting a proposal with justification to the ATCM.

8. A permit shall not be issued to take a Specially Protected Species unless the taking:

(a) is for a compelling scientific purpose; and

(b) will not jeopardise the survival or recovery of that species or local population;

9. The use of lethal techniques on Specially Protected Species shall only be permitted where there is no suitable alternative technique.

10. Proposals for the designation of a species as a Specially Protected Species shall be forwarded to the Committee, the Scientific Committee on Antarctic Research and, for native mammals and birds, the Commission for the Conservation of Antarctic Marine Living Resources, and as appropriate, the Meeting of the Parties to the Agreement on the Conservation of Albatrosses and Petrels and other organisations. In formulating its advice to the ATCM on whether a species should be designated as a Specially Protected Species, the Committee shall take into account any comments provided by the Scientific Committee on Antarctic Research, and, for native mammals and birds, the Commission for the Conservation of Antarctic Marine Living Resources, and as appropriate, the Meeting of the Parties to the Agreement on the Conservation of Albatrosses and Petrels and other organisations.

11. 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 AND DISEASES

1. No species of living organisms 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, ice shelves or sea ice.

3. Permits under paragraph 1 above shall:

(a) be issued to allow the importation only of cultivated plants and their reproductive propagules for controlled use, and species of living organisms for controlled experimental use; and

(b) specify the species, numbers and, if appropriate, age and sex of the species to be introduced, along with a rationale, justifying the introduction and precautions to be taken to prevent escape or contact with fauna or flora.

4. Any species 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.

5. Any species, including progeny, not native to the Antarctic Treaty area that is introduced into that area without a permit that has been issued in accordance with paragraph 1 and 3 above, shall be removed or disposed of whenever feasible, unless the removal or disposal would result in a greater adverse environmental impact. Such removal or disposal may include 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. In addition, all reasonable steps shall be taken to control the consequences of that introduction to avoid harm to native fauna or flora.

6. 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.

7. Each Party shall require that precautions are taken to prevent the accidental introduction of micro-organisms (e.g., viruses, bacteria, yeasts, fungi) not present naturally in the Antarctic Treaty area.

8. No live poultry or other living birds shall be brought into the Antarctic Treaty area. All appropriate efforts shall be made to ensure that poultry or avian products imported into Antarctica are free from contamination by diseases (such as Newcastle's Disease, tuberculosis, and yeast infection) which might be harmful to native flora and fauna. Any poultry or avian products not consumed shall be removed from the Antarctic Treaty area or disposed of by incineration or equivalent means that eliminates the risks of introduction of micro-organisms (e.g. viruses, bacteria, yeasts, fungi) to native flora and fauna.

9. The deliberate introduction of non-sterile soil into the Antarctic Treaty area is prohibited. Parties should, to the maximum extent practicable, ensure that non-sterile soil is not unintentionally imported into the Antarctic Treaty area.

ARTICLE 5

INFORMATION

Each Party shall make publicly available information on prohibited activities and Specially Protected Species 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 annually exchanging records (including records of permits) and statistics concerning the numbers or quantities of each species of native mammal, bird, plant or invertebrate taken in the Antarctic Treaty area; and

(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.

2. As early as possible, after the end of each austral summer season, but in all cases before 1 October of each year, the Parties shall inform the other Parties as well as the Committee 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 1 April to 31 March.

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 measures for the conservation of Antarctic fauna and flora, taking into 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

Ommatophoca rossii, Ross Seal.

As at 27 December 2011 the amendments are not incorporated in this compilation.

Table A

Application, saving or transitional provisions

Antarctic (Environment Protection) Legislation Amendment Act 1992 (No. 156, 1992)

13 Restrictions applicable to permits

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

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

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

Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)

Schedule 2

418 Transitional--pre-commencement offences

(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:

(a) an offence committed before the commencement of this item; or

(b) proceedings for an offence alleged to have been committed before the commencement of this item; or

as if the amendment or repeal had not been made.

(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.

419 Transitional--pre-commencement notices

If:

(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and

(b) any or all of those other provisions are repealed by this Schedule; and

the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.

Environment and Heritage Legislation Amendment (Application of Criminal Code) Act 2001 (No. 15, 2001)

4 Application of amendments

(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Act 2006 (No. 164, 2006)

Schedule 1

89 Saving provisions relating to amendment at item 13

(1) If, immediately before subsection 9(1) of the Antarctic Treaty (Environment Protection) Act 1980 was repealed and substituted by item 13 of this Schedule, there was in force a permit granted under that subsection, that permit continues in force after the repeal and substitution as if it had been granted under subsection 9(1) as substituted by this Act.

(2) Regulations that:

(a) prescribed a form for the purposes of subsection 9(1) of the Antarctic Treaty (Environment Protection) Act 1980; and

(b) were in force immediately before that subsection was repealed and substituted by item 13 of this Schedule;

continue to have effect after that repeal and substitution as if they had been made for the purposes of that subsection as substituted by this Act.

(3) If, immediately before subsection 9(1) of the Antarctic Treaty (Environment Protection) Act 1980 was repealed and substituted by item 13 of this Schedule, the Minister had approved a form for the purposes of that subsection and had not revoked that approval, the Minister's approval continues to have effect after the repeal and substitution as if the approval had been made for the purposes of that subsection as substituted by this Act.

90 Saving provisions relating to amendment at item 78

(1) Regulations that:

(a) prescribed a form for the purposes of subsection 21(1) of the Antarctic Treaty (Environment Protection) Act 1980; and

(b) were in force immediately before that subsection was repealed and substituted by item 78 of this Schedule;

continue to have effect after that repeal and substitution as if they had been made for the purposes of that subsection as substituted by this Act.

(2) If, immediately before subsection 21(1) of the Antarctic Treaty (Environment Protection) Act 1980 was repealed and substituted by item 78 of this Schedule, the Minister had approved a form for the purposes of that subsection and had not revoked that approval, the Minister's approval continues to have effect after the repeal and substitution as if the approval had been given for the purposes of that subsection as substituted by this Act.

91 Permits granted under the Antarctic seals regulations

If, at the time the amendments made by Part 1 of this Schedule commence, a person holds a permit granted under the Antarctic Seals Conservation Regulations 1986, that permit:

(a) is taken to be a permit granted under section 9 of the Antarctic Treaty (Environment Protection) Act 1980 as in force after the commencement of this Schedule; and

(b) continues in force for its unexpired period unless earlier varied, suspended or revoked in accordance with the Antarctic Treaty (Environment Protection) Act 1980 as in force after the commencement of this Schedule.

92 Applications for permits under the Antarctic seals regulations

If, at the time the amendments made by Part 1 of this Schedule commence, a person has made an application for a permit under the Antarctic Seals Conservation Regulations 1986 and the Minister has not yet granted or refused to grant that permit, the application is taken to have been made under section 9 of the Antarctic Treaty (Environment Protection) Act 1980 as in force after the commencement of this Schedule.

Antarctic Treaty (Environment Protection) Amendment Act 2010
(No. 23, 2010)

The following provision commences on the day Measure 16, adopted by the XXXIInd Antarctic Treaty Consultative Meeting at Baltimore on 17 April 2009, comes into force for Australia. However the provision may not commence, see subsection 2(1) (item 2):

Schedule 1

33 Application and transitional provisions

(1) The amendments made by items 6 to 17 apply to permits issued on or after the commencement of this Schedule.

(2) The amendments made by items 20, 21, 23, 24, 25, 26, 27, 28 and 29 apply to acts done on or after the commencement of this Schedule.

(3) The amendment made by item 22 applies to acts done wholly on or after the commencement of this Schedule.

(4) To avoid doubt:

(a) if an action is done in accordance with a permit or recognised foreign authority issued before the commencement of this Schedule, section 19 of the Antarctic Treaty (Environment Protection) Act 1980 (whether as in force before or after the commencement of this Schedule) does not apply to that action; and

(b) if a permit issued before the commencement of this Schedule refers to the taking of a native invertebrate or a native plant, that term has a meaning unaffected by the amendment made by item 3 of this Schedule.

(5) The amendment made by item 30 applies to:

(a) to the extent that the amendment relates to the insertion of section 19AC into the Antarctic Treaty (Environment Protection) Act 1980--bringing an organism or article into the Antarctic on or after the commencement of this Schedule; and

(b) to the extent that the amendment relates to the insertion of section 19AD into that Act--bringing an organism or bird product into the Antarctic on or after the commencement of this Schedule; and

(c) to the extent that the amendment relates to the insertion of section 19AE into that Act--any organism that is brought into, kept or continues to be kept in the Antarctic on or after the commencement of this Schedule.

(6) Despite the amendment made by item 31, regulations in force under section 29 of the Antarctic Treaty (Environment Protection) Act 1980 immediately before the commencement of this Schedule continue in effect, on and after that commencement, as if they had been made under that section as in force after that commencement.

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10 Saving--appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11 Transitional regulations

The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

Commonwealth Consolidated Acts

ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 - NOTES