10Restrictions applicable to permits

#### 10 Restrictions applicable to permits Permits for taking etc. native birds and native seals (1) A permit shall not authorize a person to kill, take, injure or otherwise interfere with a native bird or native seal unless: (a) the Minister is satisfied that: (i) the number of birds or seals of any species that may be killed or taken from local populations in that year by virtue of that permit and all other permits granted under section 9 and by virtue of corresponding laws will be replaced in the immediately succeeding breeding season by natural reproduction; and (ii) the variety of species, the habitats essential to their existence and the balance of the natural ecological systems existing within the Antarctic will be maintained; and (b) the permit is so expressed as to ensure, as far as possible, that the activities authorized by the permit will be carried on to the extent only that they are necessary for: (i) if the permit relates to native birds—the construction and operation of scientific support facilities; or (ii) if the permit relates to native birds or native seals—providing specimens for scientific research, public education (including display in museums or other educational institutions) or such other educational purposes as the Minister thinks fit; or (iia) if the permit relates to native birds or native seals—providing specimens for zoological gardens in cases where such specimens cannot be obtained from existing captive collections elsewhere or where there is a compelling conservation need; or (iii) if the permit relates to native birds—monitoring or conserving the environment or an historic site or monument; or (iv) if the permit relates to native birds—providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii) or (iia); and (c) in the case of a permit relating to a specially protected species: (i) the permit is granted for a compelling scientific purpose; and (ii) the Minister is satisfied that the activities authorized by the permit will not jeopardize the existing ecological system or the survival or recovery of that species or of the local population of that species; and (iii) if the permit is to kill a native bird or native seal of that species—there is no suitable alternative technique to achieve the purpose for which the permit is granted. (1A) A permit authorising a person to kill, take, injure or otherwise interfere with a native bird or seal must specify as a condition of the permit that the bird or seal is to be dealt with in the manner that involves the least degree of pain and suffering practicable. Permits for taking native invertebrates (1AA) A permit must not authorise a person to take native invertebrates unless: (a) the Minister is satisfied that the variety of species, the habitats essential to their existence and the balance of the natural ecological systems existing within the Antarctic will be maintained; and (b) the permit is so expressed as to ensure, as far as possible, that the taking authorised by the permit will be carried on to the extent only that it is necessary for: (i) the construction and operation of scientific support facilities; or (ii) providing specimens for scientific research, public education (including display in museums or other educational institutions) or such other educational purposes as the Minister thinks fit; or (iii) providing specimens for zoological gardens; or (iv) monitoring or conserving the environment or an historic site or monument; or (v) providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii) or (iii); and (c) in the case of a permit relating to a specially protected species: (i) the permit is granted for a compelling scientific purpose; and (ii) the Minister is satisfied that the activities authorised by the permit will not jeopardise the existing ecological system or the survival or recovery of that species or of the local population of that species; and (iii) if the permit is to kill native invertebrates of that species—there is no suitable alternative technique to achieve the purpose for which the permit is granted. Permits for gathering etc. native plants (1B) A permit must not authorise a person to gather, collect, endanger or otherwise interfere with a native plant unless: (a) the Minister is satisfied, after taking into account the number of native plants of any species that may be affected because of that permit and all other permits granted under section 9 or under corresponding laws, that the variety of species of native plants, the habitats essential to the existence of native seals, native birds, native invertebrates and native plants, and the balance of the natural ecological systems, existing within the Antarctic will be maintained; and (b) the permit is so expressed as to ensure, as far as possible, that the activities authorised by the permit will be carried on to the extent only that they are necessary for: (i) the construction and operation of scientific support facilities; or (ii) providing specimens for scientific research, public education (including display in museums, herbaria, botanical gardens or other educational institutions) or such other educational purposes as the Minister thinks fit; or (iii) monitoring or conserving the environment or an historic site or monument; or (iv) providing for unavoidable consequences of scientific activities not authorised under subparagraph (ii); and (c) in the case of a permit relating to a specially protected species: (i) the permit is granted for a compelling scientific purpose; and (ii) the Minister is satisfied that the activities authorised by the permit will not jeopardise the existing ecological system or the survival or recovery of that species or of the local population of plants of that species; and (iii) if the permit is to kill (whether by collection or any other action) a native plant of that species—there is no suitable alternative technique to achieve the purpose for which the permit is granted. Permits for gathering etc. meteorites and rocks (1C) A permit authorising a person to gather or collect a meteorite, or to remove a rock or a meteorite, must be expressed so as to ensure, as far as possible, that the activities authorised by the permit will be carried on only to the extent that they are necessary for providing specimens for scientific research, public education (including display in museums or other educational or cultural institutions) or such other educational or cultural purposes as the Minister thinks fit. Permits to bring organisms into the Antarctic (2) A permit must not authorise a person to bring into the Antarctic: (a) a dog; or (b) a live bird. (3) A permit must not authorise a person to bring into the Antarctic a cultivated plant that is not indigenous to the Antarctic or a reproductive propagule of such a plant other than for use under controls that ensure that it does not escape into the Antarctic environment. (3A) A permit must not authorise a person to bring into the Antarctic any other organism that is not indigenous to the Antarctic other than for experimental use under controls that ensure that it does not escape into the Antarctic environment. (4) The conditions of a permit authorizing the bringing into the Antarctic of an organism that is not indigenous to the Antarctic shall include the condition that it shall be: (a) kept under such control as is specified in the permit; and (b) removed from the Antarctic or destroyed: (i) if it has served its purpose before the permit ceases to be in force—as soon as possible after it has served its purpose; or (ii) if subparagraph (i) does not apply—when the permit ceases to be in force. (5) A permit authorising a person to bring into the Antarctic organisms that are not indigenous to the Antarctic must: (a) specify: (i) the number of organisms to which the permit relates; and (ii) the species of the organisms; and (iii) a rationale justifying the introduction of the organisms; and (iv) if appropriate in the case of a permit relating to animals—the age and sex of each of the animals; and (b) specify as a condition of the permit that the person must take all reasonable precautions to prevent any of the organisms from escaping or coming in contact with fauna or flora. Specially protected areas (6) A permit shall not authorize any activity to be carried on in an Antarctic specially protected area in respect of which a management plan has not been adopted; unless: (a) the activity is to be carried on for a compelling scientific purpose which cannot be served elsewhere; and (b) the Minister is satisfied that the activity will not jeopardize the natural ecological system existing in that area. (7) A permit must not authorise any activity to be carried on in an Antarctic specially protected area in respect of which a management plan has been adopted unless the activity can be carried on in accordance with the management plan. (8) A permit authorising a person to carry on an activity in an Antarctic specially protected area must specify as a condition of the permit that the person must have the permit in his or her possession when the person is in the area.