Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
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
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.
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 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.
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;
(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 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.
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:
(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 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 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;
(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 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 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 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 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 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 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
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,
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 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.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback