Key Benefits:
Law of 5 March 1998 laying down rules for the protection of the Antarctic for the implementation of the Protocol on the protection of the environment in the Antarctic Treaty (Protection of the Antarctic Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
Having considered that it is necessary to lay down rules for the protection of the Antarctic for the implementation of the Protocol on the protection of the environment in the Antarctic Treaty;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
'activity' means an activity within the meaning of Article 3 of the Protocol, which is a whole of interrelated operations in the Antarctic;
Waste: waste within the meaning of Article 1.1, first paragraph, of the Environment ;
waste water: waste water within the meaning of the Environmental Environment Act ;
Antarctic area: area situated south of the 60th southern latitude;
control actions: reasonable measures taken after the emergence of an environmentally threatening emergency with the aim of preventing, miniming or controlling the effects of that environmental threat, including: determining the magnitude of the emergency situation and its consequences;
Fund: by the Secretariat, referred to in Measure 1 (2003), of the Treaty and managed fund, in which the amount, referred to in Article 25c, second paragraph , shall be deposited;
hazardous waste: hazardous waste as designated under the conditions of Article 1.1, first paragraph, of the Environment ;
historical or historical site or monument: place that national monument designated as such by virtue of Article 8, second or third paragraph, of Annex V to the Protocol;
Native: Antarctic area;
Living organisms: living biological entities other than humans, with the ability to multiply or to transfer genetic material, including viruses, viroids, and animal and plant cells in culture;
living resources: mammals, birds and eggs of birds, aquatic invertebrates and plants living in fresh water, at any stage of their life cycle;
Environment-threatening emergency: any occurrence caused by an accident which has occurred following the entry into force of Annex VI to the Protocol and which leads to, or immediately threatens to lead to, significant and harmful effects on the Antarctic environment;
mineral resources: non-living, non-renewable natural resources, including fossil fuels and erring-bearing and non-bearing minerals;
exclude from the population: kill, injure, take prisoner, take hold, remove or damage it;
Our Ministers: Our Ministers of Infrastructure and Environment and of Economic Affairs, Agriculture and Innovation;
public bodies: public bodies Bonaire, Sint Eustatius and Saba.
Organiser: the natural or legal person who, from the Netherlands, including the public entities Bonaire, Sint Eustatius and Saba; organises an activity;
Protocol: Protocol on the protection of the environment to the Treaty (Trb. 1992, 110);
reasonable: appropriate, practicable and proportionate and based on the availability of objective criteria and information;
harmful action: harmful action, as referred to in Article 1 (h) of Annex II to the Protocol;
Antarctic-specially-administered region: parts of the Antarctic, designated as such by virtue of Article 4 (1) of Annex V to the Protocol;
Antarctic special area: parts of the Antarctic, designated as such under Article 3, first or third paragraph, of Annex V to the Protocol;
Treaty: the Antarctic Treaty (Trb. 1965, (148); most recently, 1987, 68);
2 The provisions of this law and the provisions based thereon shall include the Antarctic:
a. The Antarctic-dependent and related ecosystems;
b. the intrinsic value of Antarctica, including the wilderness of Antarctica, the aesthetic values and value of Antarctica as a field for conducting scientific research, in particular research essential to the environment. an understanding of the environment of the whole earth;
c. The value of the Antarctic field for carrying out scientific research;
d. the climate and the composition of the atmosphere.
1 This Act does not apply to:
a. the retention on board of waste or the discharge from ships in the marine environment or from aircraft during the flight;
b. to the extent that this relates to ensuring safety at sea: in any case, the design, construction, equipment and seaworthiness of ships, bemen of ships, conditions of employment and competence of the crew, the use of signals, the maintenance of connections or the occurrence of collisions;
(c) in so far as this relates to the safeguarding of airspace: in each case the design, construction, equipment and airworthiness of aircraft, working conditions and competence of the crew of aircraft; aircraft or aircraft collisions.
2 This law is, with the exception of: Article 3 , not applicable to fart and aviation which are not related to an activity.
1 Each one takes care of the Antarctic environment as much as possible in the Antarctic area.
2 The care referred to in paragraph 1 shall mean that any person who knows or may reasonably suspect that his action or failure to act may cause adverse effects on the Antarctic shall not be required to act in such a way as to be required to act. in so far as this may reasonably be required, leave any measures which can reasonably be required of him in order to avoid such effects or, where such effects cannot be prevented, to the extent possible. to be limited or undone.
3 For the purpose of preventing adverse effects on the Antarctic as referred to in the second paragraph, the organiser shall, in any event, understand reasonable preventive measures aimed at reducing the risks to the environment. the risk of environmentally threatening emergencies and their potential adverse effects.
4 In the case of, or under general management, rules may be laid down regarding the measures referred to in paragraph 3.
5 The provisions of paragraphs 1 and 2 shall be without prejudice to the liability arising from civil law and to the possibility of legal persons referred to in the second paragraph of Article 1, Book 2 of the Civil Code , and Article 1, Book 2 of the Civil Code BES In order to act in legal proceedings.
1 The organiser shall ensure that sufficient measures are taken to ensure the health and safety of man prior to the execution of an activity. Our Ministers may request the organiser to provide written supporting documents for that purpose.
2 In the case of, or under general management, rules may be laid down for the submission of the supporting documents referred to in paragraph 1.
3 For the implementation of the measures referred to in paragraph 1, the organiser shall not be dependent on the support of the parties or any other organisers, unless he proves that they are in a written agreement to that effect.
4 The Promoter shall maintain adequate insurance or other financial security to cover the costs relating to search and rescue, medical care and evacuation.
5 In so far as the activity is carried out on board a ship or an aircraft, the organiser shall be sufficient to prove that the measures referred to in paragraph 1 and the insurance or other financial security referred to in the fourth paragraph, the organiser shall be maintained by a person other than the organiser.
In exercising their powers under this Law, our Ministers shall take into account, in any event, that the importance of the protection of the Antarctic requires:
(a) the generation of waste in the Antarctic is prevented or prevented as much as possible;
b. In the manufacture of substances, preparations and other products brought into the Antarctic, substances and materials used for the purpose for which the products are used do not have any adverse effects on their manufacture. for the Antarctic environment;
c. substances, preparations or other products to be brought into the Antarctic shall be used more than once, if possible;
d. waste as much as possible, either depending on the place of commencement of activity, in the Netherlands, including public bodies, either in another country where arrangements have been made for landfilling or incineration; of such waste in accordance with international agreements;
(e) the removal of living resources from their population is prevented as much as possible and, to the extent that this cannot be prevented, causes, as little as possible, pain and suffering;
f. in the implementation and planning of activities, priority is given to scientific research, while maintaining the value of Antarctica as a field for conducting scientific research, particularly for research essential. is for an understanding of the Antarctic environment and the environment of the whole earth;
g. activities are not otherwise contrary to the principles laid down in Article 3 of the Protocol.
A general measure of management may lay down rules for the implementation of a measure as referred to in Article IX, paragraph 1, of the Treaty.
1 It is forbidden in the Antarctic:
a. Disposal of hazardous waste or other waste which is fixed and non-combustible;
b. Other wastes other than those of a, which are combustible and which the holder of the waste cannot dispose of outside the Antarctic territory, other than by burning in an emission-poor incinerator;
c. To be disposed of waste other than those referred to in (a) and (b) by:
1 °. to bring in fresh water systems; or
2 °. in an area that is ice-free in the summer of the Antarctic, on or into the soil;
d. Nuclear explosive or the removal of radioactive effluents;
e. to damage or dispose of historical sites or monuments;
f. Living organisms, with the exception of cultivated plants and their reproductive cells for controlled use, to bring on specimens of living organisms for controlled experimental uses and plants intended as food;
g. To enter dead animals or parts thereof, which are not intended as food;
h. by way of derogation from the entry in (f), birds and dogs;
to bring intentionally non-sterile earth within;
Exploration or exploitation of mineral resources.
2 It is also prohibited in or from the Antarctic area:
(a) research into the presence of mineral resources;
to extract living resources from their populations, or to act as harmful to living resources;
(c) release dead copies of living resources or any residues thereof outside the Antarctic;
d. bring in cultured plants and their reproductive cells for controlled use and specimens of living organisms for controlled experimental use;
e. To put plants and dead animals as food, to enter;
f. pesticides, polychlorinated byphenyls, crisps, polystyrene spheres or, by their nature, to produce similar packaging material;
g. Specially protected Antarctic area;
h. To dispose of the effluent arising inland by placing it on or into ice or snow;
(i) to bring waste water into the sea.
3 The prohibition referred to in paragraph 2 shall not apply to the participant in an activity organised by another country which is a party to the Protocol, provided that the authorisation granted by that country by authorization or otherwise given to it is to carry out the activity expressly includes the authorisation to carry out the act in question.
1 For activities which may have more than one minor or temporary effect on the Antarctic environment, an environmental impact assessment shall be made in the preparation of a decision on the application for authorisation.
2 The Articles 7.22 and 7.23 , the paragraphs 7.8 Other 7.9 and 7.10 , except the Articles 7.36 and 7.37, 3rd Member ; and Section 7.12 of Chapter 7 of the Environmental Protection Act shall apply mutatis mutandis, subject to the 'environment' being read: the Antarctic environment.
3 An English translation shall be attached to the environmental impact report.
1 The organizer shall prepare a contingency plan prior to each activity.
2 In the preparation and implementation of a contingency plan referred to in paragraph 1, the organiser shall cooperate as much as possible with any party or any other natural or legal person in the area of organising or hosting an activity in the area concerned. d. For the implementation of the contingency plan referred to in paragraph 1, the organiser shall not be dependent on support from parties or other organisers, unless he demonstrates that they are in a written agreement to that effect.
3 In so far as the activity is carried out on board a ship or an aircraft, the organiser shall be sufficient to show that the contingency plan referred to in paragraph 1 has been drawn up by a member other than the organiser.
1 It is an organiser prohibited without a permit from Our Ministers to bring an activity to execution.
2 It shall be prohibited to take part in an activity, for the purposes of which a licence is required under this law, but not granted.
If the application expressly relates, our Ministers may, by way of derogation from Article 6 (2), authorize the acts prohibited by that Article, in so far as they are:
a. For the purpose of a necessary scientific purpose which cannot be served elsewhere and provided that the survival or restoration of a plant species or animal species or local population is not endangered and the natural ecosystem it shall not be harmed or threatened on the spot;
b. as intended in Article 6, second paragraph, point (f) , in addition, for the purpose of hygienic or medical purposes;
c. as intended in Article 6, second paragraph, point (e) , in addition, for the purpose of food supply of the organiser, the participants in an activity and the persons employed in connection with the implementation of the activity.
1 In the case of a general measure of management, rules shall be laid down concerning the manner in which the application for authorisation is to be made and the particulars to be provided by the applicant for the purpose of the decision on the application.
2 In the case of a general measure of management, advisers may be designated, who shall be given the opportunity to deliver an opinion on the draft decision on the application for authorisation.
3 The nomination for a general measure of directors as referred to in the first or second member shall be made to Us by Our Ministers.
In the preparation of a decision on the application for authorisation Section 3.4 of the General Administrative Law and Section 13.2 of the Environmental Management Act applicable.
1 Our Ministers involved in the decision on the application in any event:
a. the size, duration and intensity of the activity in relation to the area where the activity is carried out;
b. the cumulative effects of the combination with other activities;
c. the adverse effect on the activity of other activities;
d. the availability of technology, procedures and other possibilities to prevent or minimise adverse effects on the environment which may cause the activity to occur, provided that they cannot be prevented;
e. the expertise of the organiser shall, among other things, be the persons employed in connection with the execution of an activity;
f. the contingency plan, referred to in Article 7a, first paragraph ;
g. the measures and insurance or other financial security referred to in Article 3a ;
h. the insurance or other financial security referred to in Article 25f .
2 Our Ministers shall, in the case of the decision on the application, take into account, in any case:
a. the applicable to them pursuant to Article 5 set rules;
b. If the authorisation allows access to, or undertaking an activity in, a special protected Antarctic or Antarctic-controlled area: it is determined by Article 5 of Annex V to the Protocol.
1 A licence may be refused in the interests of the protection of the Antarctic environment.
2 A licence may be refused where there are grounds for fear that the holder of the authorisation shall not act in accordance with or pursuant to this Law.
3 An authorisation shall in any case be refused if:
(a) the Consultative Assembly, established under Article IX (1) of the Antarctic Treaty, has given a negative assessment of the environmental impact assessment;
(b) lack of certainty is that serious adverse effects on the Antarctic can be prevented;
c. the measures referred to in Article 3a , are not sufficient to ensure human health and safety;
d. The contingency plan, referred to in Article 7a , is insufficient to ensure health and safety, search and rescue, medical care and evacuation;
e. the contingency plan, referred to in Article 7a , insufficient is to combat accidents with potentially adverse effects on the Antarctic environment.
1 In a licence it shall be clearly indicated to which it relates. The application for the authorisation shall be part of the licence, in so far as it is indicated in the authorisation.
2 A licence may be granted in the interests of the protection of the Antarctic environment.
3 The provisions of a licence shall be subject to the rules necessary for the protection of the Antarctic environment. To the extent that, by connecting regulations to the permit, the adverse effects that an activity can cause for the Antarctic cannot be prevented, regulations are subject to compliance, which is greatest. provide possible protection against those consequences.
In any event, the rules to be attached to a licence shall include:
a. If in the authorisation, the withdrawal of living resources from their population or harmful action against living resources is intended to be taken into account; Article 6, second paragraph, point (b) , it is allowed to:
1 °. the act which is authorized, and where and by whom the act may be carried out;
2 °. that no more copies are withdrawn from their population than is strictly necessary for the scientific purpose specified in Article 9 (a) ;
3 °. that the survival or recovery of a species of plant or animal species or local population is not endangered and the natural ecosystem on the spot is not harmed or threatened;
4 ° the withdrawal of pain and suffering as less as possible and shall only be used for the use of lethal techniques if there is no suitable alternative technique for it;
b. where the authorisation permits the introduction of cultivated plants and their reproductive cells for controlled use and specimens of living organisms for controlled experimental use:
1 °. the species, numbers, ages and genders as well as the precautions taken to prevent escape or contact with the native flora and fauna;
2 °, that they are removed from the Antarctic territory by incineration or disposed of by incineration or by means of equally effective means of exclusion for indigenous flora and fauna;
c. If the authorisation permits the introduction of plants and dead animals as food:
1 °. that slaughter poultry before being packed for dispatch to the Antarctic is controlled for signs of disease, such as Newcastle disease, tuberculosis and yeast infection;
2 °. that the non-consumed parts of animals and plants are kept under carefully controlled conditions and removed from the Antarctic territory or disposed of by incineration in an emission-poor incinerator or by means of incineration. the use of equally effective means, which excludes the risk to indigenous flora and fauna;
(d) that the unintended use of non-sterile earth within the Antarctic is prevented by taking precautions;
e. that the unintentional within the Antarctic territory of non-native flora and fauna species, such as viruses, bacteria, yeasts and fungi, is prevented by taking precautions;
f. that if a waste water canister that originated inland, is allowed to discharge from this waste water by placing it on or into ice, it is permitted only in deep ice wells, which are not constructed on known power lines in ice ending in ice-free areas or in areas with high melting;
g. that effluent may be discharged into the sea only if:
1 °. This is led by a septic tank and
2 °. the discharge point shall be so arranged that the effluent is immediately diluted and distributed;
(h) that the waste to be disposed of is stored in such a way as to avoid spreading it to the Antarctic;
i. where the permit allows access to or undertaking an activity in a specially protected Antarctic area:
1 °. the extent and location of the portion of the associated special protected Antarctic territory in respect of which authorisation has been granted, and the activity for which it is granted;
2 °, that the organiser and an organiser, in connection with the performance of an activity, carry a copy of the licence, if they are situated in the area of the Antarctic in particular;
3 °. the requirements to be attached to the licence for the implementation of the provisions of Article 5 of Annex V to the Protocol;
(j) that if the organiser uses a vessel with more than 500 passengers on board in the Antarctic territory, it shall not be allowed to land in the Antarctic;
k. that, if the organiser uses a vessel with 500 or fewer passengers on board, in the Antarctic area:
1 °. the organiser shall cooperate with the other organisers present in the relevant part of the Antarctic territory, in order to prevent the presence of more than one tourist vessel at any time from a landing site;
2. in the case of landings in the Antarctic, the number of passengers coming from that landed ship, at the same time as ashore, remains at any time limited to a maximum of 100 persons;
3 °. for landings in the Antarctic area, the organiser ensures a ratio of 1 guide per 20 passengers;
(l) that by way of derogation from points j and k, at 2 ° and 3 °, at least the limits laid down shall apply to a measure as referred to in Article IX, paragraph 1, of the Treaty. A limit referred to in the first sentence shall apply with effect from a date published in the Official Journal.
1 The rules to be attached to a licence may, in any event, include:
a. that the measurements, calculations and counts are provided to determine the extent to which the activity causes adverse effects on the Antarctic;
b. to be carried out to an extent as specified in the regulation, to the possibilities of further protection of the Antarctic environment than the other requirements of the authorisation;
c. that the results of measurements, calculations and counts, or surveys, are recorded and stored or reported or made available to our Ministers;
(d) compliance with the requirements laid down in respect of the organisor's competence or in relation to the performance of an activity;
e. to give written instructions to participants and to an organiser in connection with the execution of an activity, to act in violation of the licence or the associated rules and to do so; monitoring compliance with those instructions;
(f) that the person to whom the licence is granted provides financial security for the fulfilment of the obligations under the licence and to cover his liability for damage resulting from the application of the authorisation. Activity caused adverse effects on the Antarctic environment.
2 In the case of a prescription as referred to in paragraph 1 (f), our Ministers shall give at least the amount for which and the period during which the security must be maintained and the conditions to be satisfied before the date of expiry of that provision, and the conditions to be fulfilled before the date of expiry of the obligation may be cancelled.
3 In the case of a prescription as referred to in paragraph 1 (f), further requirements may be laid down for cases where the obligation is implemented by the conclusion and the holding of an insurance. This shall take into account what can reasonably be covered by insurance.
4 If a prescription as referred to in paragraph 1 (f) is attached to a licence, Our Ministers may in failure to comply with the licence holder ' s licence for which it is subject to authorisation. The amount of the financial security shall be determined to the extent to which they shall determine the security lodged. Our Ministers are able to recover the sum to be recovered in the case of a compulsory order.
The following permit may be authorised:
a. to enter into force at a specified time or when the specified condition occurs;
(b) that the relevant rules apply only to a time or circumstance specified at that time;
If the licence has lost its validity, it shall remain in force for a period specified in that procedure.
A licence shall stipulate that it shall apply only to a period of time to be fixed.
1 An authorisation shall apply to the person to whom it is granted. The latter shall ensure that the requirements of the authorisation are complied with.
2 The holder of the authorisation shall provide all participants with a copy of the licence, accompanied by a translation in the English language, to all participants in the activity concerned.
1 If this is necessary in the interests of the protection of the Antarctic environment, restrictions under which a permit has been granted and regulations attached thereto shall be amended, supplemented or cancelled by Our Ministers; or any restrictions or regulations shall be subject to a licence.
2 Any person, with the exception of the holder of the authorisation, may request that our Ministers amend a permit in the interest of the protection of the Antarctic environment, subject to the first paragraph.
3 With regard to the decision on the content of the restrictions and regulations, the Articles 12 , 14, third member , and 15 to 19 applicable mutatis mutandis.
4 At the time of preparation of the decision Section 3.4 of the General Administrative Law and Section 13.2 of the Environmental Management Act applicable.
1 At the request of the holder of the authorisation, our Ministers may amend, supplement, supplement or revoke any restrictions under which a licence has been granted, or any restrictions or restrictions or regulations to be applied to the holder of the authorisation. permit connection.
2 With regard to the decision on the matter and the content of those restrictions and regulations, the Articles 12 to 19 applicable mutatis mutandis.
3 At the time of preparation of the decision Section 3.4 of the General Administrative Law and Section 13.2 of the Environmental Management Act applicable.
1 Our Ministers shall withdraw an authorization for an activity, in whole or in part, if the activity causes or threatens to cause undue adverse effects on the Antarctic, and by amending the authorisation the effects of such an impact cannot be avoided.
2 Our Ministers are authorized, in so far as rules have been established, under the conditions laid down in Article 5 -To commit this.
3 Any person may ask our Ministers to withdraw a licence by application of the first paragraph.
4 With regard to a decision as referred to in the first paragraph, the Articles 13 to 19 applicable mutatis mutandis.
5 At the time of preparation of the decision pursuant to paragraph 1, Section 3.4 of the General Administrative Law and Section 13.2 of the Environmental Management Act applicable.
If an unusual occurrence occurs or has occurred during an activity, thereby endangering the safety of life, ships, aircraft or other equipment and facilities of great value or adverse effects, are or are likely to arise for the Antarctic, the rules laid down by or under this Act, with the exception of: Article 3 , not applicable in so far as it concerns measures which are necessary to prevent the effects of that event without delay or, to the extent that such effects cannot be prevented, to minimise or eliminate as far as possible.
Living organisms, including progeny brought in without a permit within the Antarctic, shall be removed from the region or destroyed by the organiser of the activity, where possible, unless: removal or destruction would have more damaging effects on the environment. The organiser of the activity shall take all reasonable measures to control the effects of the introduction and to prevent damage to the native flora and fauna.
1 If an unusual occurrence occurs or has occurred during the performance of an activity, the organiser of that activity or the persons working in relation to the performance of that activity shall notify it as soon as possible. to our Ministers.
2 The organiser or the persons employed in connection with the performance of the activity shall also provide to our Ministers as soon as possible with the information relating to:
a. the causes of the occurrence and the circumstances under which the occurrence has occurred;
b. Substances released as a result of the occurrence, and their properties;
c. other information which is relevant for assessing the nature and gravity of the effects on the environment of the occurrence;
d. measures taken or envisaged to prevent, reduce or eliminate the effects of the occurrence;
e. the measures being considered to prevent such occurrence from occurring again during an activity.
3 Our Ministers may, in the interests of the protection of the Antarctic environment, provide guidance on the measures provided for in paragraph 2 (d) and (e).
For the purpose of this paragraph and in the following provisions, the following definitions shall apply:
Lot: State of which Annex VI to the Protocol is in force, in accordance with Article 9 of the Protocol.
1 The organiser shall immediately undertake effective control measures in an environmentally threatening emergency resulting from its activity.
2 If, in the opinion of Our Ministers, the organiser fails to comply with the provisions of the first paragraph or does not comply immediately with the directions provided for in Article 25, third paragraph , may our Ministers let such actions or other measures be taken.
1 The organiser who does not immediately address control measures as referred to in Article 25b shall be liable for the costs of the control actions undertaken by a Party in the relevant environmentally threatening emergency.
2 If the organizer referred to in paragraph 1 is not the State and no control actions have been taken, the organiser shall be liable for an amount reflecting as far as possible the cost of the control actions taken. they should have been reasonably undertaken. The organiser shall pay the amount for the fund to Our Ministers. Our Ministers shall transfer the amount received to the Fund.
3 Our Ministers shall determine the amount of the amount referred to in paragraph 2, taking into account the nature and extent of the environmental emergency and all the circumstances of the case. Detailed rules may be laid down in the case of ministerial arrangements for fixing the amount of the amount.
4 When an environmentally threatening emergency is partly the result of another activity, each of the organisers shall be jointly and severally liable, unless he demonstrates that only part of the environmental threatening emergency is due to his activity, in which case he is only liable for that part.
1 The organizer shall not be liable under Article 25c, first and second paragraphs , if the environmentally threatening emergency is caused by:
a. an act or omission in order to protect human life or security;
(b) an incident which, in the light of the circumstances of the Antarctic, constitutes a natural disaster of an exceptional nature and which could not reasonably have been foreseen, provided that: Article 3, third paragraph ;
c. an act of terrorism; or
d. a war act, directed against his activity.
2 Our Ministers are not liable for an environmentally threatening emergency resulting from a control action taken by them.
1 For the purposes of this Article:
a. BTR: special drawing rights as defined by the International Monetary Fund;
b. ship: vessel, regardless of the type deployed in the marine environment, including carrier vessels, air-cushion vessels, retractable vessels, floating equipment and fixed or floating platforms;
c. tonnage: gross tonnage calculated in accordance with the rules for the calculation of tonnage set out in Annex I to the International Convention on Tonnage Measurement of Ships, held in London on 23 June 1969, (Trb. 1970, 122).
2 The maximum amount for which the organiser is Article 25c, first and second paragraphs The following shall be liable, subject to amendment, in accordance with the procedure laid down in Article 9 (4) of Annex VI to the Protocol:
a. If a ship is involved in an event leading to an environmentally threatening emergency:
1 °. for a ship of a tonnage not exceeding 2000 tonnes, one million BTR;
2 °. for a ship with a tonnage above 2000 tonnes, the following amount in addition to the amount referred to in subparagraph 1:
-for each tonne from 2001 up to and including 30 000 tonnes, 400 BTR,
-for each tonne from 30.001 to 70,000 tonnes, 300 BTR,
-for each tonne above 70,000 tonnes, 200 BTR.
b. If no ship is involved in an event leading to an environmentally threatening emergency, three million BTR.
3 If a ship is involved in an event leading to an environmental emergency, the Articles 25c , 25d and 25th It shall not affect:
a. the liability or the right to limit liability pursuant to any applicable international convention on limitation of liability; or
(b) the exclusion of the application of the restrictions referred to in such a Treaty in respect of certain claims, if, in accordance with the relevant Treaty, there has been a reservation to that effect;
provided that the applicable maximum amounts are at least as high as determined in accordance with paragraph (a) of the first paragraph.
4 The liability shall not be limited if the environmentally threatening emergency is the result of:
a. the act or omission of the organizer with the intent to cause such an emergency; or
b. recklessness of the organizer in the knowledge that such an emergency of that could be the outcome.
5 A change as referred to in paragraph 2 shall apply with effect from a time which is published in the Official Journal.
1 An organizer maintains a sufficient insurance or other financial security to cover his liability under the conditions of Article 25c, first and second paragraphs , at an amount calculated in accordance with Article 25e, second and third paragraphs .
2 If the organizer does not comply with the obligation, Article 25b , having fulfilled, our Ministers can determine to what amount they will take account of the security provided, referred to in the first paragraph. Our Ministers can use the funds to pay for other parties in order to reduce costs. Article 25c, first paragraph -To comply. Our Ministers are able to recover the sum to be recovered in the case of a compulsory order.
Further rules may be laid down in respect of, or under general management measures, the rules governing the Article 25f to provide financial security.
If another party has established that a natural or legal person, performing or organizing an activity in the Antarctic territory, is liable for an amount as referred to in Article 25c, second paragraph , at the request of that party, our Ministers may claim payment for the Fund, provided that such natural or legal person is established in the Netherlands, or there is a main place of business or his habitual residence This is Article 25c shall apply mutatis mutandis.
1 The power to set cost-related items as referred to in Article 2 (1) Article 25c, first paragraph , as a result of a period of three years from the date on which the control measures were taken or after the date on which the party which instituted the claim was informed or could reasonably be deemed to have been informed of the date on which the action was taken, the the identity of the organiser, whichever is the later.
2 In no case shall a claim, as provided for in paragraph 1, be made later than 15 years after the start of the control measures.
3 The power to set up a claim, as referred to in Article 3 (1) Article 25c, second paragraph , or Article 25h A limitation period of 15 years from the date on which the party, referred to in Article 25c, second paragraph, or Article 25h, was informed of the environmental threat.
Our Ministers are empowered to impose a burden under administrative constraints in order to maintain the obligations imposed by or under this law.
With regard to the enforcement of the aid provided for or under this law, the Articles 5.10 , 5.13 to 5.16 , 5.18 , 5.19, first and third members , and 5.20 to 5.23 of the General Provisions Act applicable.
Each person shall be obliged to provide any assistance to international observers as referred to in Article 14, second paragraph, of the Protocol and to provide any information which they may reasonably require in the performance of their duties.
A practice violates a requirement attached to an under-law Article 8 Authorisation granted shall be prohibited.
1 The provisions of this Act also apply to the Dutchman who is in the Antarctic.
2 The Dutch penal code shall also apply to the Dutchman who is acting in the Antarctic in violation of, by or under this law, certain. The first sentence shall not apply to the Dutchman who is a resident of public bodies.
This law and the provisions based thereon shall also apply to public bodies.
If:
a. An application for a permit as referred to in Article 8 be done by a resident of public bodies, or
b. the limitations under which a permit has been granted to a resident of public bodies and the regulations attached thereto shall be amended, supplemented or revoked as intended; Article 20, first paragraph , or
c. a resident of public bodies a request as intended in the Article 20, second paragraph , 21, 1st Member , or 22, third member , submits, or
d. A withdrawal of a licence as referred to in Article 22 , which has been granted to a resident of public bodies, takes place,
by way of derogation from Article 3 of the Importing Act public bodies Bonaire, Sint Eustatius and Saba , the Articles 11 , 20 , 21 and 22 without prejudice to application.
If this is addressed to a natural person or a legal person who organises an activity from public bodies, a decision pursuant to this Law shall be regarded as a decision in the sense of the Law on Administrative Law (BES) .
In relation to enforcement in public bodies, of being subject to or under this Act, the Articles 10.1 , 10.3 , 10.4 , 10.6 and 10.8 to 10.11 of the Housing, Spatial Planning and Environment Act BES applicable mutatis mutandis.
1 For residents of public bodies:
a. Act in violation of the regulations or violation of the prohibited entry in the Article 3, first paragraph , 5 , 6, first and second members , 8 , 25, first and second members , 29 and 30 :
1 °. in so far as intentionally committed, a criminal offence punting to a maximum of two years ' imprisonment or a fine of the fourth category;
2 °. in so far as no offence, an offence punished with custody of not more than six months or a fine of the fourth category;
b. act in violation of regulations in the Article 19, second paragraph , and 33 an infringement punting to the custody of a maximum of six months or a fine of the fourth category.
2 In the case of penalties referred to in paragraph 1, additional penalty may be imposed:
a. whole or partial cessation of the establishment of the convict in which the offence was committed, for a period not exceeding one year;
b. The confiscation of the objects referred to in Article 35 of the Criminal Code BES ;
(c) confiscation of property belonging to the company of a convicted person in which the offence was committed, to the extent that they are similar to and related to the offence related to the offence, cited above, Article 35 of the Criminal Code BES , and
d. the denial, in whole or in part, of certain rights or partial or partial denial of certain advantages, the rights or benefits of which the convicted person may be, or might be, granted in connection with his or her establishment of the public authority; for a period not exceeding two years.
3 Together with the penalties provided for in paragraphs 1 and 2, the following measures may be imposed:
(a) underwind of the undertaking of the convict in which the offence was committed, in the case of a criminal offence, for a period not exceeding three years and in the case of an infringement for a period not exceeding two years; and
(b) the imposition of the obligation to act on the unlawful conduct of the goods, the failure to comply with the law and the provision of benefits to make amends, all costs incurred by the sentenced person; to the extent that the judge is no different.
The BES Criminal Code shall also apply to the resident of public bodies operating in the Antarctic contrary to the status of, or determined by, this Act.
1 An organiser shall draw up a report within six weeks of the termination of the activity, which shall be made available to our Ministers immediately.
2 The report gives a precise description of the activity carried out and contains at least:
a. An indication of the areas where the activity was carried out, of the dates on which those territories were entered and of the duration of the stay there;
b. a description of the waste arising during the performance of the activity and the way in which such waste has been stored and disposed of;
c. a description of the adverse effects of the activity on the Antarctic;
d. a description of the measures taken in addition to the rules laid down in or pursuant to this Act to prevent adverse effects on the Antarctic or, to the extent that these effects could not be prevented, so far -to be limited and undone.
3 The report was drawn up in the Dutch language. An English translation shall be attached to this report.
1 Our Ministers shall report biannually to the States-General of major developments in the implementation of the Protocol.
Any information to be made available to the public pursuant to the Protocol shall be communicated in the Official Gazette.
1 The State or any other party may, subject to a moderation by the court, reduce the cost to be incurred of the undoing of adverse effects on the Antarctic, the cost of preventing such action cost, or costs, as referred to in Article 25c, second paragraph , and Article 25h stories on the person whose wrongful act has caused those costs, or the person who is otherwise liable for the consequences thereof by civil law under civil law.
2 For the purpose of application of paragraph 1, it is not required that at the time when the activity was carried out, the public or other parties were already in the process of being unlawfully acted upon.
3 In this Article, the following definitions shall apply:
Lot: State of which Annex VI to the Protocol is in force, in accordance with Article 9 of the Protocol.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Protection of the Antarctic Law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 5 March 1998
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
Margaretha de Boer
The Minister for Agriculture, Nature Management and Fisheries,
J. J. van Aartsen
Published on the twenty-first April 1998The Minister of Justice,
W. Sorgdrager
