ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103, 1980
ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - TABLE OF PROVISIONS
ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 TABLE OF PROVISIONS Section 1. Short title 2. Commencement 3. Interpretation 4. Application of Act 5. Extension of Act to Territories 6. Act binds Crown 7. Application of other laws 8. Specially protected areas, &c. 9. Grant and renewal of permits 10. Restrictions applicable to permits 11. Suspension and revocation of permits 12. Variation and revocation of conditions 13. Appointment of inspectors 14. Inspectors ex officio 15. Identity cards 16. Arrest without warrant 17. General powers of inspectors 18. Seizure 19. Offences relating to the environment 20. Contravening conditions of permits 21. Furnishing information 22. Personation of inspector 23. Assaulting, &c., inspector 24. Prosecution of offences 25. Officers and employees of governments and authorities 26. Programs, &c., relating to the Antarctic 27. Delegation 28. Review of decisions 29. Regulations ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - PREAMBLE.
ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 An Act relating to the protection and conservation of the environment of the Antarctic WHEREAS Australia and certain other Contracting Parties to the Antarctic Treaty have agreed in accordance with Article IX of that Treaty on certain measures for the conservation of Antarctic fauna and flora: AND WHEREAS it is desirable to make provision for giving effect to those measures and to other measures approved from time to time by Australia in accordance with that Article, and to make other provision relating to the protection of the environment of the Australian Antarctic Territory: BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT. 1. Short title.
1. This Act may be cited as the Antarctic Treaty (Environment Protection) Act 1980.*1* ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT. 2. Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.*1* (2) 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. ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT. 3. Interpretation
3. (1) In this Act, unless the contrary intention appears- "Agreed Measures" means measures for the conservation of Antarctic fauna and flora approved by Australia under Article IX of the Treaty, and includes any measures for like purposes so approved after the commencement of this section;
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"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 mammal or native bird; "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; "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: (a) an Australian organization; (b) an Australian citizen; (c) a person resident or domiciled in Australia; "Australian organization" means- (a) a corporation that is incorporated in Australia or whose activities are carried on principally in Australia; or (b) an unincorporated body or association the majority of whose members are Australian citizens or domiciled in Australia; "Australian property" means property that- (a) in the case of an aircraft or vessel-is in Australian control or is registered in accordance with the Air Navigation Regulations as an Australian aircraft 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 (b) in any other case-is in Australian control; "authority of another Contracting Party" means a permit or authority issued or given, or an arrangement made, by another Contracting Party for purposes of, and in accordance with, the Agreed Measures; "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 Agreed Measures; "drive", in relation to an aircraft, means to cause the aircraft to travel on land or water; "foreign" means of or pertaining to a country other than Australia; "ice" includes snow; "in Australian control" means in the control or possession of one or more of any of the following: (a) the Commonwealth (including an arm of the Defence Force) or a State or Territory; (b) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory; (c) 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; (d) a person who, or persons each of whom, is a person to whom this Act applies by virtue of paragraph 4 (1) (b);
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"indigenous to the Antarctic" includes occurring in the Antarctic through natural agencies of dispersal; "inspector" means- (a) a person appointed as an inspector under section 13; or (b) a person referred to in section 14; "land"- (a) when used as a verb in relation to an aircraft, includes to cause the aircraft to alight on water; and (b) when used as a noun, includes ice; "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; "native mammal" means any member, at any stage of its life cycle, of any species of the Class Mammalia indigenous to the Antarctic except whales; "native plant" means any kind of vegetation, at any stage of its life cycle (including seeds), indigenous to the Antarctic; "permit" means a permit in force under 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; "site of special scientific interest" means a site of special scientific interest declared under sub-section 8 (2); "specially protected area" means a specially protected area declared under sub-section 8 (2); "specially protected species" means a specially protected species of native mammal or native bird declared under sub-section 8 (7); "take", in relation to a native bird or native mammal, includes catch or capture; "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. (2) Unless the contrary intention appears, a reference in this Act to a virus or bacterium shall be read as including a reference to an article containing, or an article, animal or plant infected by, a virus or bacterium. (3) A reference in this Act to an offence shall be read as including a reference to an offence created by section 6, 7 or 7A of the Crimes Act 1914 in relation to this Act. (4) 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. (5) Except so far as the contrary intention appears, an expression that is used in both this Act and either the Treaty or the Agreed Measures (whether or not a particular meaning is assigned to it by the Treaty or those Measures) has, in this Act, the same meaning as in the Treaty or those Measures, as the case may be. ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT. 4. Application of Act
4. (1) Subject to sub-section 4 (1) of the Antarctic Treaty Act 1960- (a) this Act applies in the Territory in relation to any persons and property, including foreign persons and property; and (b) this Act applies outside Australia in relation to-
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(i) Australian citizens; (ii) Australian expeditions and members of Australian expeditions; (iii) Australian organizations; (iv) members of the crew (including persons in charge) of aircraft, vessels or vehicles that are Australian property; and (v) Australian property. (2) This Act has effect subject to- (a) the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and (b) any law of the Commonwealth giving effect to such an agreement. ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT. 5. Extension of Act to Territories
5. This Act extends to every external Territory. ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT. 6. Act binds Crown
6. This Act binds the Crown in right of the Commonwealth, of each of the States and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence. ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT. 7. Application of other laws
7. (1) Notwithstanding any other law, 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 an authority of another Contracting Party. (2) Where a provision of the National Parks and Wildlife Conservation Act 1975 (other than section 10) 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 sub-section (1), provisions shall not be taken for the purposes of this sub-section to be inconsistent to the extent that they are capable of operat- ing concurrently. (3) Subject to paragraph 4 (2) (b), where regulations made under the National Parks and Wildlife Conservation Act 1975 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 sub-section (1), regu- lations shall not be taken for the purposes of this sub-section to be inconsistent to the extent that they are capable of operating concurrently. (4) 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 sub-section to be inconsistent with such a law to the extent that it is capable of operating concurrently with that law. (5) 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 sub-section to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision. (6) In this section, "this Act" does not include the regulations. ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 No. 103 of 1980 - SECT. 8. Specially protected areas, &c.
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.
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(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).