Antarctic Marine Living Resources Conservation Act 1981

Antarctic Marine Living Resources Conservation Act 1981

This Act is administered on behalf of the Minister for the Environment and Heritage by the Australian Antarctic Division. The Act implements the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR). It regulates harvesting of, or research into, all living organisms that are found in the marine environment within the Convention area. However, if your activity involves birds, seals or cetaceans and it is to be authorised under another Commonwealth Act, you will not require a permit under this Act. This area is defined in the Convention as south of a series of coordinates which approximate the 'Antarctic Convergence' and includes Heard Island, but not Macquarie Island. The Australian Fisheries Management Authority has responsibility for regulating Australian commercial harvesting of marine organisms in the CCAMLR area.

Activities requiring permits

Permits for Antarctic activities can be applied for using the Antarctic Applications Online (AAO) System.

Activities for which permits are required under the Act include:

• Harvesting living marine organisms of a specified kind or kinds;
• Carrying out research with respect to living marine organisms [this does not include terrestrial and freshwater invertebrates for which an Antarctic Treaty (Environment Protection) Act 1980 permit is required] of a specified kind or kinds;
• Fishing for recreational purposes

Permits for these activities within the Convergence Area can be applied for using the Antarctic Applications Online (AAO) System. Contact the Antarctic Territories, Environment and Policy Section for directions on how to apply for your permits. The generic email is permits@aad.gov.au or alternatively telephone Kerry on +61 3 6232 3347. Applications must be submitted no less than six weeks before departure to the Antarctic.

Restrictions/conditions

Restrictions and conditions apply to the granting of permits for these activities. In considering the granting of a permit, due regard must be given to the conservation of Antarctic marine living resources and such conservation will include rational use, having regard to principles of maintaining population size, ecological balance and avoiding signficant impacts on the marine ecosystem.

Environmental impact assessment (EIA)

Should your research include nearshore activities, the proposed activity may require assessment in accordance with Part 3 of the Antarctic Treaty (Environment Protection) Act 1980 to identify the impact the activity is likely to have on the environment. The person proposing to carry out the activity (the 'proponent') can complete a preliminary environmental impact asssessment using the Antarctic Applications Online (AAO) System. 

Other environmental approval and permit considerations

You may need to satisfy a number of other environmental approval and permit requirements. Please ensure that you are aware of all other environmental protection legal requirements for the Antarctic and subantarctic, most of which have been summarised in this website or relevant links provided for, and ensure they have been satisfied before you depart on your voyage.

Changes to work program

If, for any reason after the permit has been granted the permit-holder proposes to make changes to the research program, a request to vary the permit is to be made in writing to the Director of the Australian Antarctic Division and marked for the attention of the Environmental Policy and Protection Section.

Reporting requirements

Permit-holders are generally required as a condition of permit to provide a report within 30 days after expiration of the permit. A report directed to the Permits Officer by e-mail to 'permits@aad.gov.au' will meet this requirement. This report is additional to the Australian Antarctic Science Programme reporting requirements.

Enforcement

The Act provides penalties for non-compliance.

The Act also provides for the appointment of inspectors with powers of arrest and seizure, to ensure compliance with its provisions.

Enquiries

Any queries can be directed to the Permits Officer on 03 6232 3347 or by e-mail 'permits@aad.gov.au'.