Commonwealth Numbered Acts

TRANSPORT AND COMMUNICATIONS LEGISLATION AMENDMENT ACT (No. 2) 1992 No. 71 of 1992 - SCHEDULE 6

                             SCHEDULE 6           Subsection 44(4)

SCHEDULE TO BE ADDED AT THE END OF THE PROTECTION OF THE SEA 
(PREVENTION OF POLLUTION FROM SHIPS) ACT 1983 
                            SCHEDULE 12               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.
ARTICE 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, whether 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 15
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 IV TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE
ANTARCTIC TREATY
PREVENTION OF MARINE POLLUTION
ARTICLE 1
DEFINITIONS For the purposes of this Annex:

   (a)  "discharge" means any release howsoever caused from a ship and
        includes any escape, disposal, spilling, leaking, pumping, emitting or
        emptying;

   (b)  "garbage" means all kinds of victual, domestic and operational waste
        excluding fresh fish and parts thereof, generated during the normal
        operation of the ship, except those substances which are covered by
        Articles 3 and 4;

   (c)  "MARPOL 73/78" means the International Convention for the Prevention
        of Pollution from Ships, 1973, as amended by the Protocol of 1978
        relating thereto and by any other amendment in force thereafter;

   (d)  "noxious liquid substance" means any noxious liquid substance as
        defined in Annex II of MARPOL 73/78;

   (e)  "oil" means petroleum in any form including crude oil, fuel oil,
        sludge, oil refuse and refined oil products (other than petrochemicals
        which are subject to the provisions of Article 4);

   (f)  "oily mixture" means a mixture with any oil content; and

   (g)  "ship" means a vessel of any type whatsoever operating in the marine
        environment and includes hydrofoil boats, air-cushion vehicles,
        submersibles, floating craft and fixed or floating platforms.
ARTICLE 2
APPLICATION This Annex applies, with respect to each Party, to ships entitled
to fly its flag and to any other ship engaged in or supporting its Antarctic
operations, while operating in the Antarctic Treaty area.
ARTICLE 3
DISCHARGE OF OIL 1. Any discharge into the sea of oil or oily mixture shall be
prohibited, except in cases permitted under Annex I of MARPOL 73/78. While
operating in the Antarctic Treaty area, ships shall retain on board all
sludge, dirty ballast, tank washing waters and other oily residues and
mixtures which may not be discharged into the sea. Ships shall discharge these
residues only outside the Antarctic Treaty area, at reception facilities or as
otherwise permitted under Annex I of MARPOL 73/78. 2. This Article shall not
apply to:

   (a)  the discharge into the sea of oil or oily mixture resulting from
        damage to a ship or its equipment:

        (i)    provided that all reasonable precautions have been taken after
               the occurrence of the damage or discovery of the discharge for
               the purpose of preventing or minimising the discharge; and

        (ii)   except if the owner or the Master acted either with intent to
               cause damage, or recklessly and with the knowledge that damage
               would probably result; or

   (b)  the discharge into the sea of substances containing oil which are
        being used for the purpose of combating specific pollution incidents
        in order to minimise the damage from pollution.
ARTICLE 4
DISCHARGE OF NOXIOUS LIQUID SUBSTANCES The discharge into the sea of any
noxious liquid substance, and any other chemical or other substances, in
quantities or concentrations that are harmful to the marine environment, shall
be prohibited.
ARTICLE 5
DISPOSAL OF GARBAGE 1. The disposal into the sea of all plastics, including
but not limited to synthetic ropes, synthetic fishing nets, and plastic
garbage bags, shall be prohibited. 2. The disposal into the sea of all other
garbage, including paper products, rags, glass, metal, bottles, crockery,
incineration ash, dunnage, lining and packing materials, shall be prohibited.
3. The disposal into the sea of food wastes may be permitted when they have
been passed through a comminuter or grinder, provided that such disposal
shall, except in cases permitted under Annex V of MARPOL 73/78, be made as far
as practicable from land and ice shelves but in any case not less than 12
nautical miles from the nearest land or ice shelf. Such comminuted or ground
food wastes shall be capable of passing through a screen with openings no
greater than 25 millimeters. 4. When a substance or material covered by this
article is mixed with other such substance or material for discharge or
disposal, having different disposal or discharge requirements, the most
stringent disposal or discharge requirements shall apply. 5. The provisions of
paragraphs 1 and 2 above shall not apply to:

   (a)  the escape of garbage resulting from damage to a ship or its equipment
        provided all reasonable precautions have been taken, before and after
        the occurrence of the damage, for the purpose of preventing or
        minimising the escape; or

   (b)  the accidental loss of synthetic fishing nets, provided all reasonable
        precautions have been taken to prevent such loss. 6. The Parties
        shall, where appropriate, require the use of garbage record books.
ARTICLE 6
DISCHARGE OF SEWAGE 1. Except where it would unduly impair Antarctic
operations:

   (a)  each Party shall eliminate all discharge into the sea of untreated
        sewage ("sewage" being defined in Annex IV of MARPOL73/78) within 12
        nautical miles of land or ice shelves;

   (b)  beyond such distance, sewage stored in a holding tank shall not be
        discharged instantaneously but at a moderate rate and, where
        practicable, while the ship is en route at a speed of no less than 4
        knots. This paragraph does not apply to ships certified to carry not
        more than 10 persons. 2. The Parties shall, where appropriate, require
        the use of sewage record books.
ARTICLE 7
CASES OF EMERGENCY 1. Articles 3, 4, 5 and 6 of this Annex shall not apply in
cases of emergency relating to the safety of a ship and those on board or
saving life at sea. 2. Notice of activities undertaken in cases of emergency
shall be circulated immediately to all Parties and to the Committee.
ARTICLE 8
EFFECT ON DEPENDENT AND ASSOCIATED ECOSYSTEMS In implementing the provisions
of this Annex, due consideration shall be given to the need to avoid
detrimental effects on dependent and associated ecosystems, outside the
Antarctic Treaty area.
ARTICLE 9
SHIP RETENTION CAPACITY AND RECEPTION FACILITIES 1. Each Party shall undertake
to ensure that all ships entitled to fly its flag and any other ship engaged
in or supporting its Antarctic operations, before entering the Antarctic
Treaty area, are fitted with a tank or tanks of sufficient capacity on board
for the retention of all sludge, dirty ballast, tank washing water and other
oily residues and mixtures, and have sufficient capacity on board for the
retention of garbage, while operating in the Antarctic Treaty area and have
concluded arrangements to discharge such oily residues and garbage at a
reception facility after leaving that area. Ships shall also have sufficient
capacity on board for the retention of noxious liquid substances. 2. Each
Party at whose ports ships depart en route to or arrive from the Antarctic
Treaty area undertakes to ensure that as soon as practicable adequate
facilities are provided for the reception of all sludge, dirty ballast, tank
washing water, other oily residues and mixtures, and garbage from ships,
without causing undue delay, and according to the needs of the ships using
them. 3. Parties operating ships which depart to or arrive from the Antarctic
Treaty area at ports of other Parties shall consult with those Parties with a
view to ensuring that the establishment of port reception facilities does not
place an inequitable burden on Parties adjacent to the Antarctic Treaty area.
ARTICLE 10
DESIGN, CONSTRUCTION, MANNING AND EQUIPMENT
OF SHIPS In the design, construction, manning and equipment of ships engaged
in or supporting Antarctic operations, each Party shall take into account the
objectives of this Annex.
ARTICLE 11
SOVEREIGN IMMUNITY 1. This Annex shall not apply to any warship, naval
auxiliary or other ship owned or operated by a State and used, for the time
being, only on government non-commercial service. However, each Party shall
ensure by the adoption of appropriate measures not impairing the operations or
operational capabilities of such ships owned or operated by it, that such
ships act in a manner consistent, so far as is reasonable and practicable,
with this Annex. 2. In applying paragraph 1 above, each Party shall take into
account the importance of protecting the Antarctic environment. 3. Each Party
shall inform the other Parties of how it implements this provision. 4. The
dispute settlement procedure set out in Articles 18 to 20 of the Protocol
shall not apply to this Article.
ARTICLE 12
PREVENTIVE MEASURES AND EMERGENCY PREPAREDNESS AND RESPONSE 1. In order to
respond more effectively to marine pollution emergencies or the threat thereof
in the Antarctic Treaty area, the Parties, in accordance with Article 15 of
the Protocol, shall develop contingency plans for marine pollution response in
the Antarctic Treaty area, including contingency plans for ships (other than
small boats that are part of the operations of fixed sites or of ships)
operating in the Antarctic Treaty area, particularly ships carrying oil as
cargo, and for oil spills, originating from coastal installations, which enter
into the marine environment. To this end they shall:

   (a)  co-operate in the formulation and implementation of such plans; and

   (b)  draw on the advice of the Committee, the International Maritime
        Organization and other international organizations. 2. The Parties
        shall also establish procedures for co-operative response to pollution
        emergencies and shall take appropriate response actions in accordance
        with such procedures.
ARTICLE 13
REVIEW The Parties shall keep under continuous review the provisions of this
Annex and other measures to prevent, reduce and respond to pollution of the
Antarctic marine environment, including any amendments and new regulations
adopted under MARPOL 73/78, with a view to achieving the objectives of this
Annex.
ARTICLE 14
RELATIONSHIP WITH MARPOL 73/78 With respect to those Parties which are also
Parties to MARPOL73/78, nothing in this Annex shall derogate from the specific
rights and obligations thereunder.
ARTICLE 15
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.