29Regulations

#### 29 Regulations (1) The Governor‑General may make regulations: (a) not inconsistent with this Act, prescribing matters: (i) required or permitted by this Act to be prescribed; or (ii) necessary or convenient to be prescribed for carrying out or giving effect to this Act; or (c) providing for the procedures to be followed in dealing with a comprehensive environmental evaluation received from a party to the Madrid Protocol in relation to an activity proposed to be carried on by the party in the Antarctic; or (d) providing for: (i) the management and disposal of waste in the Antarctic; or (ii) the removal of waste from the Antarctic. (2) Without limiting the generality of subsection (1), regulations may be made: (a) providing for functions and powers to be conferred, and duties to be imposed, upon inspectors; and (ab) providing for the payment of a fee in the amount, or at the rate, fixed by or calculated under the regulations in respect of: (i) the processing of an application for a permit; or (ii) the grant of a permit; or (iii) the processing of a preliminary assessment, an initial environmental evaluation or a comprehensive environmental evaluation under Part 3; or (iv) the authorisation of an activity under Part 3; and (ac) providing for the refund of a fee referred to in paragraph (ab); and (b) providing for the conservation of Antarctic fauna and flora and the protection of the environment of the Antarctic; and (c) regulating or prohibiting the pollution of soil, air, water or ice where such pollution is, or is likely to be, harmful to the fauna, flora and environment of the Antarctic; and (d) regulating the conduct of persons in an Antarctic specially protected area or an Antarctic specially managed area; and (f) regulating or prohibiting the taking of organisms into, or out of, the Antarctic; and (g) providing for the control and destruction in the Antarctic of organisms that are not indigenous to the Antarctic; and (h) providing for the prevention of the introduction of diseases and parasites into the Antarctic; and (i) providing for the collection of specimens and the pursuit of research in the Antarctic for scientific purposes; and (j) regulating or prohibiting, for purposes related to the conservation of Antarctic fauna and flora and the protection of the environment of the Antarctic, the use of vehicles, sleds and vessels in, and the landing and use of aircraft in and the flying of aircraft over, specified areas of the Antarctic; and (k) providing for any matter incidental to or connected with any of the foregoing. (2A) A fee under subsection (2) must not be such as to amount to taxation. (3) The power to make regulations conferred by this Act may be exercised: (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of case; and (b) so as to make, as respects the cases in relation to which it is exercised, the same provision for all those cases or different provision for different cases or classes of case. (4) The power to make regulations conferred by this Act shall not be taken, by implication, to exclude the power to make provision for or in relation to a matter by reason only of the fact that: (a) a provision is made by this Act in relation to that matter or another matter; or (b) power is expressly conferred by this Act to make provision by regulation for or in relation to another matter. (5) The regulations may prescribe penalties, not exceeding 50 penalty units, for offences against the regulations. (6) The limitation imposed by subsection (5) on the penalties that may be prescribed by the regulations does not prevent the regulations from requiring a person to make a statutory declaration.