Commonwealth Numbered Acts

ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT 8

8. (1) In this section, "area" means-

   (a)  an area of land or sea within the Antarctic; or

   (b)  an area of any such land and any such sea.

(2) Subject to this section, the Governor-General may-

   (a)  by Proclamation, declare an area specified in the Proclamation to be a
        specially protected area; and

   (b)  by the same or by another Proclamation, declare an area specified in
        the Proclamation to be a site of special scientific interest for a
        period specified in the Proclamation.

(3) A Proclamation shall not be made under sub-section (2) declaring an area
to be a specially protected area unless-

   (a)  the area includes an area or part of an area specified in the Agreed
        Measures for the purpose of designation as a specially protected area;
        or

   (b)  the Governor-General is satisfied that the area should be so declared
        for a reason specified in the Agreed Measures as a reason for the
        designation of specially protected areas.

(4) A Proclamation under sub-section (2) declaring an area to be a site of
special scientific interest-

   (a)  shall not be made unless the Scientific Committee on Antarctic
        Research of the International Council of Scientific Unions has
        recommended that the area be so declared; and

   (b)  shall include the plan of management recommended by the Committee in
        relation to the area.

(5) Where an area is declared by Proclamation under sub-section (2) to be a
specially protected area or a site of special scientific interest-

   (a)  the subsoil beneath any land within the area, extending to such depth
        below the surface as is specified in the Proclamation;

   (b)  the waters and sea-bed beneath any ice shelf or sea within the area;
        and

   (c)  the subsoil beneath any such sea-bed, extending to such depth below
        the sea-bed as is specified in the Proclamation, shall be taken to be
        within that specially protected area or site of special
        scientific interest.

(6) The Governor-General may at any time, by Proclamation, revoke or amend a
Proclamation made under sub-section (2).

(7) Where a species of native mammal or native bird is specified in the
Agreed Measures for the purpose of designation as a specially protected
species, the Minister may, by notice published in the Gazette, declare that
species to be a specially protected species.

(8) The Minister may at any time, by notice published in the Gazette, revoke
or amend a notice published under sub-section (7).