Antarctic Treaty (Environment Protection) Act 1980

This Act, which applies to the area south of 60°S, is administered on behalf of the Minister for the Environment and Water Resources by the Australian Antarctic Division (AAD). The Act and supporting regulations implements Australia's obligations under the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol) and the Agreed Measures for the Conservation of Antarctic Fauna and Flora (Agreed Measures - Recommendation III-VIII under the Antarctic Treaty).

In particular, Antarctic fauna and flora are protected by Article 3 of Annex II to the Madrid Protocol through a permit system. The ATEP Act also encorporates measures to protect seals after the Antarctic Seals Conservation Regulations 1987 were revoked on 11 June 2007.

Activities requiring permits

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

The permit system regulates certain activities. Unless authorised in a permit; or if the action was (i) for the establishment, supply or operation of a station; or (ii) in the case of an emergency; or (iii) to protect the environment, the following activities are prohibited:

• the killing or taking of specimens of birds and seals;
• gathering or collecting specimens of native plants;
• the killing or taking of terrestrial or freshwater invertebrates (does not include living marine invertebrates for which an Antarctic Marine Living Resources Act 1981 permit is required);
• interference with or disturbance of birds and seals on foot or in a vehicle, ship or aircraft;
• entry into and activities in protected areas;
• cause any damage to or in a historic site;
• damage, remove or destroy a historic monument;
• the introduction of non-indigenous species (such as animals, plants, viruses, bacteria, yeasts or fungi);
• gathering or collecting a meteorite; and
• removing a rock or meteorite gathered in the Antarctic.

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.

Note 1: It is an offence to disturb animals with a helicopter, a vehicle, a vessel or on foot unless authorised in a permit. Over the past few seasons Australian scientists have worked together with Australian Antarctic Division environmental officers to develop approach distances to minimise disturbance on foot or in helicopters.

Restrictions/conditions

Restrictions and conditions apply to the granting of permits for the taking of animals and plants. Permits may only be granted for scientific, educational or cultural purposes and must be restricted to ensure that no more animals or plants are taken than can be replaced by the next breeding season and that the variety of species, the habitats and the balance of the natural ecological systems existing within the Antarctic Treaty area are maintained.

In addition, conditions and restrictions apply to the granting of permits for entry to protected areas and activities involving protected species.

Environmental impact assessment (EIA)

Before a permit can be granted under the Antarctic Treaty (Environment Protection) Act 1980 the proposed activity must be assessed in accordance with Part 3 of the Act and the Antarctic Treaty (Environment Protection) (Environmental Impact Assessment) Regulations 1993 to identify the impact the activity is likely to have on the environment. The person proposing to carry out the activity (the 'proponent') must prepare an Preliminary Environmental Impact Assessment using the Antarctic Approvals Online (AAO) System.

Prohibited Antarctic activities

Activities prohibited under the Act and for which permits will not be issued include:

• taking non-sterile soil and polystyrene beads or chips (or similar packaging material);
• carrying on any activity that results in:
  (i) the habitat of any species of native fauna or flora; or
  (ii) any population of native fauna or flora being adversely modified to a significant extent;
• undertake mining;
• keep a dog;
• bring into, or keep non-sterile soil, or polychlorinated biphenyls; or polystyrene beads or chips or any similar kind of packaging material;
• bring into, or keep any pesticide, unless it is for scientific, medical or hygienic purposes;
• do anything in a site of special scientific interest unless authorised by the plan of management relating to the site;
• drive a vehicle in a specially protected area;

Specially Protected species

Native animals and plants may be given added protection under the Madrid Protocol by being designated specially protected species. Currently Ross Seals are listed as a Specially Protected Species. Whilst no birds or plants are currently listed as Specially Protected Species on Appendix A of Annex II, it is likely that the Threatened Southern Giant Petrels and Macaroni Penguins will be included in the near future.

Geological specimens

After the 2007 amendments to this Act a permit is required to collect geological specimens in the Antarctic. It is an offence to gather or collect meteorites without a permit. It is also an offence to remove from Antarctica a rock or a meteorite without a permit. They may only be collected in accordance with a permit and scientists are encouraged to collaborate with other scientists doing similar projects with the objective of sharing samples. Additionally specimens must be declared to Customs on return to Australia.

Other permit considerations

You may need to satisfy a number of other environmental permit requirements. In particular, if your research proposes to interfere with native birds or seals or to disturb or interfere with whales it is likely that you will require additional permits under the Environment Protection Biodiversity Conservation Act 1999. If any proposed research comprises bird banding, additional requirements may apply in accordance with the Australian Bird Banding Scheme (ABBS). This scheme is administered by the Department of Environment and Water Resources.

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 that these requirements have been satisfied before you depart on your voyage.

Changes to work program

If, for any reason after a 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 Antarctic Territories, Environment and Policy Section. In addition, variations to work programs are required to go through a similar assessment process to the original research proposal before a permit can be varied. That is, scientific, ethical, environmental and operational considerations.

Reporting requirements

Permit-holders are required by the Act to provide a report. Permits are likely to have a condition requiring a report within 30 days after expiration of the permit [report forms]. This requirement is additional to Antarctic Science Advisory Committee (ASAC) and Antarctic Animal Ethics Committee (AAEC) reporting requirements and the Protected Areas Site Visit Report.

Enforcement

The Act also provides for the appointment of inspectors with limited powers of arrest and seizure, to ensure compliance with its provisions. At present, leaders of Antarctic voyages and stations, and field leaders plus other selected persons are appointed as inspectors, where appropriate.

The Act provides for penalties of a fine and/or imprisonment for offences.

Enquiries

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