1Short title
This Act may be cited as the Antarctic Treaty (Environment Protection) Act 1980.
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This Act may be cited as the Antarctic Treaty (Environment Protection) Act 1980.
Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent.
Sections 16 to 21 (inclusive) shall come into operation on the expiration of 6 months after the day on which this Act receives the Royal Assent.
In this Act, unless the contrary intention appears:
aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft.
animal includes:
a native bird, a native invertebrate and a native seal; and
an egg, part of an egg and an eggshell; and
a dead animal and part of a dead animal (but not something manufactured from a dead animal or from part of a dead animal).
another Contracting Party means a Contracting Party to the Treaty other than Australia.
Antarctic means the area south of 60° south latitude, including all ice shelves in the area.
Antarctic specially managed area means an area declared to be an Antarctic specially managed area under section 8.
Antarctic specially protected area means an area declared to be an Antarctic specially protected area under section 8.
article includes a substance or a mixture of substances.
Australia includes all the Territories.
Australian expedition means an expedition organized by one or more of any of the following:
an Australian organization;
an Australian citizen;
a person resident or domiciled in Australia.
Australian national means:
an Australian citizen; and
a body corporate that is incorporated in Australia or carries on its activities mainly in Australia.
Australian organization means:
a corporation that is incorporated in Australia or whose activities are carried on principally in Australia; or
an unincorporated body or association the majority of whose members are Australian citizens or domiciled in Australia.
Australian property means property that:
in the case of an aircraft or vessel—is in Australian control or is registered under regulations made under the Civil Aviation Act 1988 or, as the case may be, registered in Australia under an Act or Imperial Act relating to the registration of ships that is applicable throughout the whole of Australia (not being an Act or Imperial Act relating to the registration of ships for a particular purpose or purposes only); or
in any other case—is in Australian control.
basic environmental principles means the environmental principles set out in Article 3 of the Madrid Protocol.
CAMLR Convention means the Convention on the Conservation of Antarctic Marine Living Resources, a copy of the English text of which is set out in the Schedule to the Antarctic Marine Living Resources Conservation Act 1981.
CEMP site means a monitoring site:
established for the purposes of the Ecosystem Monitoring Program conducted by the Parties to the CAMLR Convention; and
the management plan for which has been adopted by the Commission for the Conservation of Antarctic Marine Living Resources in accordance with Conservation Measure 18/IX adopted by the Commission, which became binding on Australia on 7 May 1991.
civil penalty order has the meaning given by subsection 22(4).
civil penalty provision: a provision of this Act is a civil penalty provision if:
the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; and
the provision is a subsection, or a section that is not divided into subsections.
collect, in relation to a native plant, includes severing, or applying any substance harmful to, the plant.
contravention, in relation to a provision, includes a failure to comply with that provision.
corresponding law means a law of another Contracting Party, as in force for the time being, giving effect to the Treaty or the Madrid Protocol.
Court means:
the Federal Court of Australia; or
the Federal Circuit and Family Court of Australia (Division 2); or
the Supreme Court of a State or Territory; or
a District, County or Local Court of a State or Territory; or
a Magistrates Court of a State or Territory.
disturb an animal means cause a change in the animal’s behaviour otherwise than by physical contact with the animal.
drive, in relation to an aircraft, means to cause the aircraft to travel on land or water.
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.
foreign means of or pertaining to a country other than Australia.
historic monument means a monument declared to be an historic monument under section 8A.
historic site means a site declared to be an historic site under section 8A.
ice includes snow.
in Australian control means in the control or possession of one or more of any of the following:
the Commonwealth (including an arm of the Defence Force) or a State or Territory;
a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory;
a company or other body corporate incorporated under a law of a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest;
a person who, or persons each of whom, is a person to whom this Act applies by virtue of paragraph 4(1)(b).
indigenous to the Antarctic includes occurring in the Antarctic through natural agencies of dispersal.
inspector means:
a person appointed as an inspector under section 13; or
a person referred to in section 14.
interfere has a meaning affected by subsection (7).
land:
when used as a verb in relation to an aircraft, includes to cause the aircraft to alight on water; and
when used as a noun, includes ice.
Madrid Protocol means the Protocol on Environmental Protection to the Antarctic Treaty, a copy of the English text of which (apart from Annex IV to it) is set out in Schedule 3, being the Protocol done, and opened for signature, at Madrid on 4 October 1991 to which, in accordance with Recommendation XVI‑10 adopted by the XVIth Antarctic Treaty Consultative Meeting at Bonn on 18 October 1991, the Annex attached to that Recommendation has been added as Annex V to the Protocol.
mineral means any non‑living, non‑renewable natural resource.
mining activity means an activity carried on for, or in connection with, the recovery or exploitation of minerals (including prospecting and exploring for minerals), but does not include an activity that is necessary for scientific investigation or scientific research within the meaning of the Treaty.
native bird means:
a member, at any stage of its life cycle (including an egg, part of an egg and an eggshell), of any species of bird that is indigenous to the Antarctic; or
a dead bird, or any part of a dead bird, of any species referred to in paragraph (a).
native invertebrate means any terrestrial or fresh water invertebrate, at any stage of its life cycle, indigenous to the Antarctic.
native plant means any kind of vegetation, at any stage of its life cycle (including seeds), indigenous to the Antarctic.
native seal means:
a member, at any stage of its life cycle, of any species of seal that is indigenous to the Antarctic; or
a dead seal, or any part of a dead seal, of a species mentioned in paragraph (a).
organism includes:
a living organism at any stage of its life cycle; and
an organism that was once alive, but is now dead; and
a reproductive propagule of a living organism; and
an article containing or infected by a virus or bacterium.
permit means a permit in force under Part 2 of this Act.
plant includes a native plant.
property means property of any description and, without limiting the generality of the foregoing, includes aircraft and vessels.
recognised foreign authority means a permit, authority or arrangement that:
authorises the carrying on of an activity in the Antarctic; and
either:
has been issued, given or made by a Party (other than Australia) to the Madrid Protocol that has accepted under that Protocol the same obligations as Australia in relation to the carrying on of that activity in the Antarctic; or
has been issued, given or made by a Party (other than Australia) to the Seals Convention that has accepted under that Convention the same obligations as Australia in relation to the carrying on of that activity in the Antarctic.
Seals Convention means the Convention for the Conservation of Antarctic Seals (a copy of the English text of which is set out in Schedule 1) as affected by the amendments to the Annex to the Convention that:
were recommended by the representatives of the Contracting Parties to the Convention at their 1988 Meeting to Review the Operation of the Convention; and
were included in paragraphs 21, 31 and 36 of their Report of that meeting, a copy of the English text of which is set out in Schedule 2; and
became effective on 27 March 1990.
specially protected species means a specially protected species of native seal, native bird, native invertebrate or native plant declared under section 7C.
take:
in relation to a native bird or native seal—includes catch or capture; and
in relation to native plants—means to remove or damage such quantities of the plants that their local distribution or abundance would be significantly affected; and
in relation to native invertebrates—means to remove or damage such quantities of the invertebrates that their local distribution or abundance would be significantly affected.
Territory means the Australian Antarctic Territory.
this Act includes the regulations.
Treaty means the Antarctic Treaty set out in the Schedule to the Antarctic Treaty Act 1960, including any modification or amendment of that Treaty made after the commencement of this section and for the time being in force as to Australia.
vehicle includes a hovercraft.
vessel means a vessel or boat of any description and includes any floating structure, but does not include a hovercraft.
A reference in this Act to an offence shall be read as including a reference to an offence against section 6 of the Crimes Act 1914, or against section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to this Act.
A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police.
Except so far as the contrary intention appears, an expression that is used in both this Act and either the Treaty or the Madrid Protocol (whether or not a particular meaning is assigned to it by the Treaty or the Protocol) has, in this Act, the same meaning as in the Treaty or the Protocol, as the case may be.
Except so far as the contrary intention appears, an expression that is used in both this Act and in the Seals Convention (whether or not a particular meaning is assigned to it by that Convention) has, in this Act, the same meaning as in the Convention.
A reference in this Act to otherwise interfering with, or causing other interference with, an animal does not include a reference to disturbing the animal.
Disturb is defined in subsection (1).
Subject to subsection 4(1) of the Antarctic Treaty Act 1960:
this Act applies in the Territory in relation to any persons and property, including foreign persons and property; and
this Act applies outside Australia in relation to:
Australian citizens;
Australian expeditions and members of Australian expeditions;
Australian organizations;
members of the crew (including persons in charge) of aircraft, vessels or vehicles that are Australian property; and
Australian property.
This Act has effect subject to:
the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and
any law of the Commonwealth giving effect to such an agreement.
This Act extends to every external Territory.
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence.
Chapter 2 of the Criminal Code applies to all offences against this Act.
Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
This section applies if a provision of this Act declares that a person contravening another provision of this Act (the conduct rule provision):
commits an offence; or
is liable for a civil penalty.
For the purposes of this Act, the person is taken to contravene the offence or the civil penalty provision (as the case requires) if the person contravenes the conduct rule provision.
Notwithstanding any other law, but subject to the regulations, no action or proceeding lies against any person for or in relation to anything done by that person to the extent that it is authorized by a permit or by a recognised foreign authority.
Where a provision of Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 is inconsistent with a provision of this Act, then, except as otherwise specifically provided by a provision of that or any other Act coming into operation after the commencement of this Act, the latter prevails, and the former has, to the extent of the inconsistency, no effect, but, subject to subsection (1), provisions shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.
Subject to paragraph 4(2)(b), where regulations made for the purposes of section 356 of the Environment Protection and Biodiversity Conservation Act 1999 are inconsistent with regulations made under this Act, the latter prevail, and the former have, to the extent of the inconsistency, no effect, but, subject to subsection (1), regulations shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.
A provision of the regulations regulating or prohibiting the flying of aircraft over a specified area of the Antarctic does not have any force or effect to the extent to which it is inconsistent with a law of the Commonwealth or a corresponding law, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law to the extent that it is capable of operating concurrently with that law.
A law of the Territory has effect to the extent to which it is not inconsistent with a provision of the regulations, but such a law shall not be taken for the purposes of this subsection to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision.
In this section, this Act does not include the regulations.
In exercising powers and performing duties under this Act, the Minister must act in a manner that is consistent with the basic environmental principles.
Subject to subsection (2), if a species of native seal, native bird, native invertebrate or native plant is specified in Annex II to the Madrid Protocol for the purpose of designation as a specially protected species, the Minister may, by notice in the Gazette, declare that species to be a specially protected species.
If a species of native seal or native bird was, immediately before the commencement of this section, a specially protected species because of a declaration under subsection 8(7) as then in force, that declaration has effect, for the purposes of this Act, as if it were a declaration made under subsection (1) on the commencement of this section.
The Minister may, by notice published in the Gazette, vary or revoke a declaration made under subsection (1) or referred to in subsection (2).
In this section:
area means:
an area of land or sea within the Antarctic; or
an area of any such land and any such sea.
Subject to subsection (4), the Governor‑General may:
by Proclamation, declare an area specified in the Proclamation to be an Antarctic specially protected area; and
by the same or by another Proclamation, declare an area specified in the Proclamation to be an Antarctic specially managed area.
An area may not be declared to be an Antarctic specially protected area or an Antarctic specially managed area unless the Antarctic Treaty Consultative Parties have adopted a management plan in respect of the area under Article 6 of Annex V to the Madrid Protocol.
If an area is declared by Proclamation under subsection (2) to be an Antarctic specially protected area or an Antarctic specially managed area:
the subsoil beneath any land within the area, extending to the depth below the surface that is specified in the Proclamation; and
the waters and sea‑bed beneath any ice shelf or sea within the area; and
the subsoil beneath any such sea‑bed, extending to the depth below the sea‑bed that is specified in the Proclamation;
is taken to be within the Antarctic specially protected area or the Antarctic specially managed area.
An area that was, immediately before the commencement of this section, a specially protected area or a site of special scientific interest is taken, for the purposes of this Act, to have been declared to be an Antarctic specially protected area by a Proclamation made under subsection (2) on the commencement of this section.
The Governor‑General may, by Proclamation:
vary the boundaries of an Antarctic specially protected area or Antarctic specially managed area in accordance with an amendment of the management plan adopted by the Antarctic Treaty Consultative Parties; or
revoke a declaration made, or taken to have been made, under subsection (2) if the management plan in respect of the area to which the declaration relates is revoked.
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