19Offences relating to the environment

#### 19 Offences relating to the environment (1A) A person commits an offence if: (a) the person does an act; and (b) the action: (i) causes death or injury to a native bird or a native seal in the Antarctic; or (ii) causes the taking of a native bird or a native seal in the Antarctic; or (iia) causes the taking of native invertebrates or native plants in the Antarctic; or (iii) causes other interference with a native bird or a native seal in the Antarctic; or (iiia) disturbs a native bird or native seal. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (1) A person shall not: (b) gather, or collect a native plant in the Antarctic; or (c) bring into, or keep in, the Antarctic an organism that is not indigenous to the Antarctic; or (caa) bring a dog into the Antarctic or, being the owner of a dog, allow it to remain in the Antarctic; or (cab) bring a living bird into the Antarctic; or (ca) bring into, or keep in, the Antarctic: (i) non‑sterile soil; or (ii) polychlorinated biphenyls; or (iii) polystyrene beads or chips or any similar kind of packaging material; or (cb) bring into, or keep in, the Antarctic any pesticide; or (d) enter, or carry on any other activity in, an Antarctic specially protected area; or (e) carry on any activity in an Antarctic specially managed area otherwise than as authorised by the plan of management relating to the area. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (1B) A person commits an offence if: (a) the person does an act; and (b) the action: (i) causes any damage to or in an historic site; or (ii) destroys, or causes damage to or the removal of, an historic monument. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (2) A person shall not, in the Antarctic: (a) use an aircraft in such a manner as to disturb a concentration of birds or of seals; or (b) use a vehicle or vessel in a manner that disturbs a concentration of birds or of seals; or (c) use an explosive in a manner that disturbs a concentration of birds or of seals; or (d) use a firearm in a manner that disturbs a concentration of birds or of seals; or (e) while on foot, disturb a concentration of birds or of seals; or (ea) carry on any activity that results in: (i) the habitat of any species of native seal, native bird, native invertebrate or native plant; or (ii) any population of native seals, native birds, native invertebrates or native plants; being adversely modified to a significant extent; or (g) cause or permit to escape from his or her control or the control of any other person an organism that is not indigenous to the Antarctic and has been brought into the Antarctic by virtue of a permit. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (3) This section does not apply in relation to any action if: (a) the action was done in an emergency: (i) to save a person from death or serious injury; or (ii) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or (iii) to protect the environment; or (b) in the case of action of a kind referred to in paragraph (1)(c)—the organism was brought into the Antarctic to be used as food; or (ba) in the case of action of a kind referred to in paragraph (1)(cb)—the pesticide is to be used for scientific, medical or hygienic purposes; or (c) the action in question was done in accordance with a permit or a recognised foreign authority; or (d) in the case of action of a kind referred to in paragraph (2)(a), (2)(b), (2)(c) or (2)(e)—the action in question was reasonably necessary for the construction or operation of a scientific support facility. (4) In this section: > concentration: (a) of birds, means a group of more than 20 birds; or (b) of seals, means a group of more than 20 seals.