Part 5ACivil penalty provisions

An Act relating to the Antarctic and the protection and conservation of the environment of the Antarctic, and for related purposes WHEREAS Australia is a Party to the Convention for the Conservation of Antarctic Seals: AND WHEREAS it is desirable to make provision for giving effect to that Convention: AND WHEREAS Australia is a party to the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty: AND WHEREAS it is desirable to make provision for giving effect to that Treaty and Protocol: AND WHEREAS it is desirable to make other provision relating to the protection of the environment in the Antarctic: BE IT THEREFORE ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows: ## Part 1—Preliminary #### 1 Short title This Act may be cited as the Antarctic Treaty (Environment Protection) Act 1980. #### 2 Commencement (1) Subject to subsection (2), this Act shall come into operation on the day on which it receives the Royal Assent. (2) Sections 16 to 21 (inclusive) shall come into operation on the expiration of 6 months after the day on which this Act receives the Royal Assent. #### 3 Interpretation (1) In this Act, unless the contrary intention appears: > aircraft means a machine or apparatus that can derive support in the atmosphere from the reactions of the air or from buoyancy, but does not include a hovercraft. > animal includes: (a) a native bird, a native invertebrate and a native seal; and (b) an egg, part of an egg and an eggshell; and (c) a dead animal and part of a dead animal (but not something manufactured from a dead animal or from part of a dead animal). > another Contracting Party means a Contracting Party to the Treaty other than Australia. > Antarctic means the area south of 60° south latitude, including all ice shelves in the area. > Antarctic specially managed area means an area declared to be an Antarctic specially managed area under section 8. > Antarctic specially protected area means an area declared to be an Antarctic specially protected area under section 8. > article includes a substance or a mixture of substances. > Australia includes all the Territories. > Australian expedition means an expedition organized by one or more of any of the following: (a) an Australian organization; (b) an Australian citizen; (c) a person resident or domiciled in Australia. > Australian national means: (a) an Australian citizen; and (b) a body corporate that is incorporated in Australia or carries on its activities mainly in Australia. > Australian organization means: (a) a corporation that is incorporated in Australia or whose activities are carried on principally in Australia; or (b) an unincorporated body or association the majority of whose members are Australian citizens or domiciled in Australia. > Australian property means property that: (a) in the case of an aircraft or vessel—is in Australian control or is registered under regulations made under the Civil Aviation Act 1988 or, as the case may be, registered in Australia under an Act or Imperial Act relating to the registration of ships that is applicable throughout the whole of Australia (not being an Act or Imperial Act relating to the registration of ships for a particular purpose or purposes only); or (b) in any other case—is in Australian control. > basic environmental principles means the environmental principles set out in Article 3 of the Madrid Protocol. > CAMLR Convention means the Convention on the Conservation of Antarctic Marine Living Resources, a copy of the English text of which is set out in the Schedule to the Antarctic Marine Living Resources Conservation Act 1981. > CEMP site means a monitoring site: (a) established for the purposes of the Ecosystem Monitoring Program conducted by the Parties to the CAMLR Convention; and (b) the management plan for which has been adopted by the Commission for the Conservation of Antarctic Marine Living Resources in accordance with Conservation Measure 18/IX adopted by the Commission, which became binding on Australia on 7 May 1991. > civil penalty order has the meaning given by subsection 22(4). > civil penalty provision: a provision of this Act is a civil penalty provision if: (a) the provision sets out at its foot a pecuniary penalty, or penalties, indicated by the words “Civil penalty”; and (b) the provision is a subsection, or a section that is not divided into subsections. > collect, in relation to a native plant, includes severing, or applying any substance harmful to, the plant. > contravention, in relation to a provision, includes a failure to comply with that provision. > corresponding law means a law of another Contracting Party, as in force for the time being, giving effect to the Treaty or the Madrid Protocol. > Court means: (a) the Federal Court of Australia; or (b) the Federal Circuit and Family Court of Australia (Division 2); or (c) the Supreme Court of a State or Territory; or (d) a District, County or Local Court of a State or Territory; or (e) a Magistrates Court of a State or Territory. > disturb an animal means cause a change in the animal’s behaviour otherwise than by physical contact with the animal. > drive, in relation to an aircraft, means to cause the aircraft to travel on land or water. > evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist. > foreign means of or pertaining to a country other than Australia. > historic monument means a monument declared to be an historic monument under section 8A. > historic site means a site declared to be an historic site under section 8A. > ice includes snow. > in Australian control means in the control or possession of one or more of any of the following: (a) the Commonwealth (including an arm of the Defence Force) or a State or Territory; (b) a corporation established for a public purpose by or under a law of the Commonwealth or of a State or Territory; (c) a company or other body corporate incorporated under a law of a State or Territory, being a company or other body corporate in which the Commonwealth has a controlling interest; (d) a person who, or persons each of whom, is a person to whom this Act applies by virtue of paragraph 4(1)(b). > indigenous to the Antarctic includes occurring in the Antarctic through natural agencies of dispersal. > inspector means: (a) a person appointed as an inspector under section 13; or (b) a person referred to in section 14. > interfere has a meaning affected by subsection (7). > land: (a) when used as a verb in relation to an aircraft, includes to cause the aircraft to alight on water; and (b) when used as a noun, includes ice. > Madrid Protocol means the Protocol on Environmental Protection to the Antarctic Treaty, a copy of the English text of which (apart from Annex IV to it) is set out in Schedule 3, being the Protocol done, and opened for signature, at Madrid on 4 October 1991 to which, in accordance with Recommendation XVI‑10 adopted by the XVIth Antarctic Treaty Consultative Meeting at Bonn on 18 October 1991, the Annex attached to that Recommendation has been added as Annex V to the Protocol. > mineral means any non‑living, non‑renewable natural resource. > mining activity means an activity carried on for, or in connection with, the recovery or exploitation of minerals (including prospecting and exploring for minerals), but does not include an activity that is necessary for scientific investigation or scientific research within the meaning of the Treaty. > native bird means: (a) a member, at any stage of its life cycle (including an egg, part of an egg and an eggshell), of any species of bird that is indigenous to the Antarctic; or (b) a dead bird, or any part of a dead bird, of any species referred to in paragraph (a). > native invertebrate means any terrestrial or fresh water invertebrate, at any stage of its life cycle, indigenous to the Antarctic. > native plant means any kind of vegetation, at any stage of its life cycle (including seeds), indigenous to the Antarctic. > native seal means: (a) a member, at any stage of its life cycle, of any species of seal that is indigenous to the Antarctic; or (b) a dead seal, or any part of a dead seal, of a species mentioned in paragraph (a). > organism includes: (a) a living organism at any stage of its life cycle; and (b) an organism that was once alive, but is now dead; and (c) a reproductive propagule of a living organism; and (d) an article containing or infected by a virus or bacterium. > permit means a permit in force under Part 2 of this Act. > plant includes a native plant. > property means property of any description and, without limiting the generality of the foregoing, includes aircraft and vessels. > recognised foreign authority means a permit, authority or arrangement that: (a) authorises the carrying on of an activity in the Antarctic; and (b) either: (i) has been issued, given or made by a Party (other than Australia) to the Madrid Protocol that has accepted under that Protocol the same obligations as Australia in relation to the carrying on of that activity in the Antarctic; or (ii) has been issued, given or made by a Party (other than Australia) to the Seals Convention that has accepted under that Convention the same obligations as Australia in relation to the carrying on of that activity in the Antarctic. > Seals Convention means the Convention for the Conservation of Antarctic Seals (a copy of the English text of which is set out in Schedule 1) as affected by the amendments to the Annex to the Convention that: (a) were recommended by the representatives of the Contracting Parties to the Convention at their 1988 Meeting to Review the Operation of the Convention; and (b) were included in paragraphs 21, 31 and 36 of their Report of that meeting, a copy of the English text of which is set out in Schedule 2; and (c) became effective on 27 March 1990. > specially protected species means a specially protected species of native seal, native bird, native invertebrate or native plant declared under section 7C. > take: (a) in relation to a native bird or native seal—includes catch or capture; and (b) in relation to native plants—means to remove or damage such quantities of the plants that their local distribution or abundance would be significantly affected; and (c) in relation to native invertebrates—means to remove or damage such quantities of the invertebrates that their local distribution or abundance would be significantly affected. > Territory means the Australian Antarctic Territory. > this Act includes the regulations. > Treaty means the Antarctic Treaty set out in the Schedule to the Antarctic Treaty Act 1960, including any modification or amendment of that Treaty made after the commencement of this section and for the time being in force as to Australia. > vehicle includes a hovercraft. > vessel means a vessel or boat of any description and includes any floating structure, but does not include a hovercraft. (3) A reference in this Act to an offence shall be read as including a reference to an offence against section 6 of the Crimes Act 1914, or against section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to this Act. (4) A reference in this Act to a member of the Australian Federal Police or to a member of a police force shall be read as including a reference to a special member of the Australian Federal Police. (5) Except so far as the contrary intention appears, an expression that is used in both this Act and either the Treaty or the Madrid Protocol (whether or not a particular meaning is assigned to it by the Treaty or the Protocol) has, in this Act, the same meaning as in the Treaty or the Protocol, as the case may be. (6) Except so far as the contrary intention appears, an expression that is used in both this Act and in the Seals Convention (whether or not a particular meaning is assigned to it by that Convention) has, in this Act, the same meaning as in the Convention. (7) A reference in this Act to otherwise interfering with, or causing other interference with, an animal does not include a reference to disturbing the animal. > Note: Disturb is defined in subsection (1). #### 4 Application of Act (1) Subject to subsection 4(1) of the Antarctic Treaty Act 1960: (a) this Act applies in the Territory in relation to any persons and property, including foreign persons and property; and (b) this Act applies outside Australia in relation to: (i) Australian citizens; (ii) Australian expeditions and members of Australian expeditions; (iii) Australian organizations; (iv) members of the crew (including persons in charge) of aircraft, vessels or vehicles that are Australian property; and (v) Australian property. (2) This Act has effect subject to: (a) the obligations of Australia under international law, including obligations under any international agreement binding on Australia; and (b) any law of the Commonwealth giving effect to such an agreement. #### 5 Extension of Act to Territories This Act extends to every external Territory. #### 6 Crown to be bound (1) This Act binds the Crown in each of its capacities. (2) This Act does not make the Crown liable to a pecuniary penalty or to be prosecuted for an offence. #### 6A Application of the Criminal Code Chapter 2 of the Criminal Code applies to all offences against this Act. > Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility. #### 6B Contravening offence and civil penalty provisions (1) This section applies if a provision of this Act declares that a person contravening another provision of this Act (the conduct rule provision): (a) commits an offence; or (b) is liable for a civil penalty. (2) For the purposes of this Act, the person is taken to contravene the offence or the civil penalty provision (as the case requires) if the person contravenes the conduct rule provision. #### 7 Application of other laws (1) Notwithstanding any other law, but subject to the regulations, no action or proceeding lies against any person for or in relation to anything done by that person to the extent that it is authorized by a permit or by a recognised foreign authority. (2) Where a provision of Division 4 of Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 is inconsistent with a provision of this Act, then, except as otherwise specifically provided by a provision of that or any other Act coming into operation after the commencement of this Act, the latter prevails, and the former has, to the extent of the inconsistency, no effect, but, subject to subsection (1), provisions shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently. (3) Subject to paragraph 4(2)(b), where regulations made for the purposes of section 356 of the Environment Protection and Biodiversity Conservation Act 1999 are inconsistent with regulations made under this Act, the latter prevail, and the former have, to the extent of the inconsistency, no effect, but, subject to subsection (1), regulations shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently. (4) A provision of the regulations regulating or prohibiting the flying of aircraft over a specified area of the Antarctic does not have any force or effect to the extent to which it is inconsistent with a law of the Commonwealth or a corresponding law, but such a provision shall not be taken for the purposes of this subsection to be inconsistent with such a law to the extent that it is capable of operating concurrently with that law. (5) A law of the Territory has effect to the extent to which it is not inconsistent with a provision of the regulations, but such a law shall not be taken for the purposes of this subsection to be inconsistent with such a provision to the extent that it is capable of operating concurrently with that provision. (6) In this section, this Act does not include the regulations. #### 7A Necessity to act in accordance with basic environmental principles In exercising powers and performing duties under this Act, the Minister must act in a manner that is consistent with the basic environmental principles. ## Part 2—Conservation of Antarctic fauna and flora #### 7C Specially protected species (1) Subject to subsection (2), if a species of native seal, native bird, native invertebrate or native plant is specified in Annex II to the Madrid Protocol for the purpose of designation as a specially protected species, the Minister may, by notice in the Gazette, declare that species to be a specially protected species. (2) If a species of native seal or native bird was, immediately before the commencement of this section, a specially protected species because of a declaration under subsection 8(7) as then in force, that declaration has effect, for the purposes of this Act, as if it were a declaration made under subsection (1) on the commencement of this section. (3) The Minister may, by notice published in the Gazette, vary or revoke a declaration made under subsection (1) or referred to in subsection (2). #### 8 Antarctic specially protected areas etc. (1) In this section: > area means: (a) an area of land or sea within the Antarctic; or (b) an area of any such land and any such sea. (2) Subject to subsection (4), the Governor‑General may: (a) by Proclamation, declare an area specified in the Proclamation to be an Antarctic specially protected area; and (b) by the same or by another Proclamation, declare an area specified in the Proclamation to be an Antarctic specially managed area. (3) An area may not be declared to be an Antarctic specially protected area or an Antarctic specially managed area unless the Antarctic Treaty Consultative Parties have adopted a management plan in respect of the area under Article 6 of Annex V to the Madrid Protocol. (4) If an area is declared by Proclamation under subsection (2) to be an Antarctic specially protected area or an Antarctic specially managed area: (a) the subsoil beneath any land within the area, extending to the depth below the surface that is specified in the Proclamation; and (b) the waters and sea‑bed beneath any ice shelf or sea within the area; and (c) the subsoil beneath any such sea‑bed, extending to the depth below the sea‑bed that is specified in the Proclamation; is taken to be within the Antarctic specially protected area or the Antarctic specially managed area. (5) An area that was, immediately before the commencement of this section, a specially protected area or a site of special scientific interest is taken, for the purposes of this Act, to have been declared to be an Antarctic specially protected area by a Proclamation made under subsection (2) on the commencement of this section. (6) The Governor‑General may, by Proclamation: (a) vary the boundaries of an Antarctic specially protected area or Antarctic specially managed area in accordance with an amendment of the management plan adopted by the Antarctic Treaty Consultative Parties; or (b) revoke a declaration made, or taken to have been made, under subsection (2) if the management plan in respect of the area to which the declaration relates is revoked. #### 8A Historic sites and monuments (1) Subject to subsection (2), the Governor‑General may, by Proclamation, declare a site or monument specified in the Proclamation to be an historic site or an historic monument. (2) A site or a monument may not be declared to be an historic site or an historic monument unless the Antarctic Treaty Consultative Parties have approved the listing of the site or monument as an historic site or an historic monument under Article 8 of Annex V to the Madrid Protocol. (3) The Governor‑General may, by Proclamation, vary or revoke a Proclamation made under subsection (1) in respect of a site or monument if the Antarctic Treaty Consultative Parties have amended or revoked the listing of the site or monument as an historic site or historic monument. #### 9 Grant and renewal of permit (1) On application to the Minister in the prescribed form (or, if no form is prescribed, in a form approved by the Minister), the Minister may grant a person a permit in writing authorising the person, and any other person named in the permit, to carry on, during a specified period, one or more of the activities specified in the permit. (1AA) The activities that may be authorised by a permit are the following: (a) an activity that has a result mentioned in paragraph 19(1A)(b); (b) an activity mentioned in paragraph 19(1)(b); (c) an activity mentioned in paragraph 19(1)(c); (d) an activity mentioned in paragraph 19(1)(d); (e) an activity mentioned in subsection 19(2) (other than paragraph (g)); (f) an activity mentioned in paragraphs 19AA(1)(a) and (b); (g) an activity mentioned in paragraph 19AA(2)(a), if the rock or meteorite is to be gathered or collected in the Antarctic; (h) an activity mentioned in paragraph 19AB(a), if the seal, bird or plant is a native seal, native bird or native plant. (1AB) Subsection (1) is subject to this section and to section 10. (1AC) The Minister may grant a permit under subsection (1) subject to such conditions as the Minister thinks fit. (1A) The permit must specify the area in which the activity is to be carried on. (2) In deciding whether to grant a permit, and in determining the conditions and limitations to which a permit is to be subject, the Minister must have regard to: (a) the purposes and principles of the Madrid Protocol; and (b) if the decision could affect a seal in seas to which the Seals Convention applies—the purposes and principles of the Seals Convention. (2A) The Minister may not grant a permit authorising an activity to which Part 3 applies unless the Minister has, under that Part, authorised the proponent of the activity (within the meaning of that Part) to carry on the activity. (2B) The Minister may not grant a permit authorising a person to carry on an activity in a CEMP site unless a permit authorising the person to enter the site has been granted: (a) under regulations made under the Antarctic Marine Living Resources Conservation Act 1981; or (b) by another Contracting Party to the CAMLR Convention. (3) An application made under subsection (1) by an expedition or organization shall specify: (a) in the case of an expedition—every member of the expedition; or (b) in the case of an organization—every person authorized by the organization to act on its behalf; and the permit may be expressed to apply to all those members or persons or to such of them as are specified in the permit. (4) Where, subsequent to the grant of a permit to an organization, the persons authorized to act on behalf of the organization include a person or persons not referred to in subsection (3), the organization shall forthwith inform the Minister accordingly, and the Minister may, by notice in writing to the organization, extend or refuse to extend the application of the permit to that person or those persons. (5) The Minister shall cause to be kept, in such manner and at such place as he or she directs, a register of permits in force from time to time, showing the purpose for which and the conditions upon which each permit was granted and such other matters relating to each permit as the Minister thinks fit. (7) In this section, grant includes grant by way of renewal. #### 9A Authorities under permits (1) A person who is a principal under a permit (see subsection (6)) may authorise, as necessary, other persons to accompany one or more of the principals under that permit in carrying on activities authorised by the permit. (2) A principal must not authorise a person under subsection (1) unless: (a) the permit contains a condition allowing principals to do so; and (b) the authorisation is given in accordance with any requirements set out in that condition and any other conditions contained in the permit. (3) A person authorised to accompany principals under a permit must comply with the conditions of the permit. (4) Subject to subsection (3), a permit is, for the purposes of this Act, taken to authorise the carrying on by a person authorised under subsection (1) of any activity specified in the permit. (5) The authorisation of a person under subsection (1) does not prevent a principal under that permit from carrying on any activities. (6) In this section: > principal, under a permit, means a person: (a) to whom the permit was granted under subsection 9(1); or (b) who is named in the permit. #### 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. #### 11 Variation, suspension and revocation of permits (1) The Minister may, by notice in writing served personally, by post or otherwise as prescribed on the holder of the permit, vary, suspend or revoke a permit where he or she is satisfied that a provision of this Act relating to the permit or a condition of the permit has been contravened or that it is necessary or expedient to do so in order to conserve and protect the fauna and flora of the Antarctic. (1A) If the holder of a permit so requests in writing (giving reasons for the request), the Minister may, by notice in writing served as provided in subsection (1), vary the permit if the Minister is satisfied that: (a) the reasons given justify the variation; and (b) the permit if varied would not authorise any activity that is likely to affect adversely the conservation or protection of the fauna and flora of the Antarctic. (2) Subject to subsection (3), a permit shall not be suspended for a period exceeding 90 days. (3) Where proceedings for an offence in relation to a permit are commenced during the period of suspension of the permit, the suspension may be continued until the proceedings (including any appeal) are completed. (4) During the period of suspension of a permit, the permit has no force or effect, but the period of currency of the permit continues to run. (5) The suspension of a permit does not prevent its revocation. #### 12 Variation and revocation of conditions (1) Subject to this section, the Minister may, while a permit is in force, by notice in writing served personally, by post or otherwise as prescribed on the holder of the permit, vary or revoke any of the conditions of the permit or impose further conditions. (2) In deciding whether to vary or revoke any of the conditions of a permit or to impose further conditions, the Minister must have regard to: (a) the purposes and principles of the Madrid Protocol; and (b) if the decision could affect a seal in seas to which the Seals Convention applies—the purposes and principles of the Seals Convention. ## Part 3—Environmental impact assessment #### 12A Interpretation In this Part, unless the contrary intention appears: > environment means the Antarctic environment and dependent and associated eco‑systems. #### 12B Object of Part The object of this Part is to provide for: (a) the assessment of proposed activities in the Antarctic to identify the impact that they are likely to have on the environment; and (b) the regulation of activities that are likely to have an adverse impact on the environment. #### 12C Part does not apply to certain activities (1) The Minister may determine in writing that this Part does not apply to activities of a kind specified in the determination if the Minister is satisfied that, because of their nature, those activities are likely to have no more than a negligible impact on the Antarctic environment. (2) This Part does not apply to: (a) any mining activity; and (b) any activity of a kind specified in a determination under subsection (1). #### 12D Preliminary assessment of likely impact of activity on Antarctic environment (1) If, after the commencement of this Part: (a) a person or organisation proposes to carry on an activity in the Territory; or (b) a person or organisation in relation to whom this Act applies outside Australia proposes to carry on an activity in an area of the Antarctic other than the Territory; the person or organisation proposing to carry on the activity (the proponent of the activity) must: (c) make, or cause to be made, a preliminary assessment of the impact (if any) that the activity is likely to have on the environment; and (d) give a written report of the assessment to the Minister. (2) If: (a) after the commencement of this Part, a change is proposed, or occurs, in an activity (original activity) that was being carried on immediately before the commencement of this Part; or (b) a change is proposed, or occurs, in an activity (original activity) that is authorised to be carried on under this Part; the activity as proposed to be changed, or as changed, is to be treated, for the purposes of subsection (1), as being a new activity (different from the original activity) that a person or organisation proposes to carry on. #### 12E Preliminary determination of likely impact of activity After considering the preliminary assessment, the Minister must: (a) determine whether the activity is likely to have: (i) more than a minor or transitory impact; or (ii) a minor or transitory impact; or (iii) no more than a negligible impact; on the environment; and (b) inform the proponent of the activity in writing of his or her decision. #### 12F Activity to proceed if impact negligible (1) If the Minister determines that the activity is likely to have no more than a negligible impact on the environment, the Minister must, by notice in writing, authorise the proponent of the activity to carry on the activity. (2) The authorisation may be given subject to the conditions specified in the notice being complied with. #### 12G Initial environmental evaluation (1) If the Minister determines that the activity is likely to have a minor or transitory impact on the environment, the proponent of the activity must prepare or cause to be prepared, and give to the Minister, an initial environmental evaluation in respect of the activity. (2) An initial environmental evaluation in respect of an activity is a written report that: (a) contains (but is not limited to) the matters that under the regulations are required to be included in the evaluation; and (b) assesses the impact that the activity is likely to have on the environment in a manner that allows for a reasoned conclusion to be reached whether the activity is to have: (i) a minor or transitory impact; or (ii) more than a minor or transitory impact; on the environment; and (c) if the assessment indicates that the impact on the environment is likely to be minor or transitory—makes recommendations as to the measures considered necessary for assessing and verifying any impact on the environment. (3) If, after considering the initial environmental evaluation, the Minister is of the view that additional information is required to make a determination under section 12H, or to impose conditions on the giving of an authorisation under section 12J, the Minister may request in writing the proponent of the activity to submit a revised evaluation that contains the additional information required. #### 12H Determination of likely impact of activity based on initial environmental evaluation After considering the initial environmental evaluation or the revised initial environmental evaluation (as the case may be), the Minister must determine whether the activity is likely to have: (a) a minor or transitory impact; or (b) more than a minor or transitory impact; on the environment. #### 12J Authorisation of activity likely to have minor etc. impact on environment (1) If the Minister determines that the activity is likely to have a minor or transitory impact on the environment, the Minister must, by notice in writing, authorise the proponent of the activity to carry on the activity. (2) The authorisation may be given subject to the conditions specified in the notice being complied with, being conditions imposed to ensure that the activity is carried on in a manner that is consistent with the basic environmental principles. (3) The conditions must include (but are not limited to) conditions requiring that specified procedures aimed at assessing, verifying and limiting the impact of the activity on the environment are complied with. (4) The authorisation is also subject to any prescribed condition. #### 12K Comprehensive environmental evaluation (1) If the Minister determines under section 12E or 12H that the activity is likely to have more than a minor or transitory impact on the environment, the proponent of the activity must prepare or cause to be prepared, and give to the Minister: (a) a draft comprehensive environmental evaluation in relation to the activity; and (b) after the procedures provided for in the regulations for dealing with a draft comprehensive environmental evaluation have been complied with—a final comprehensive environmental evaluation in relation to the activity. (2) A draft comprehensive environmental evaluation and a final comprehensive environmental evaluation are reports that each: (a) contain (but are not limited to) the matters that under the regulations are to be included in an evaluation of that kind; and (b) make a comprehensive assessment of the impact that the activity is likely to have on the environment; and (c) make recommendations as to the measures (if any) considered necessary for assessing and verifying any impact on the environment. (3) The regulations may provide for the procedures to be followed by the Minister in dealing with: (a) a draft comprehensive environmental evaluation; and (b) a final comprehensive environmental evaluation; received by the Minister under this section. #### 12L Authorisation of activity likely to have more than minor etc. impact on environment (1) After dealing with the final comprehensive environmental evaluation in relation to the activity as required under the regulations, the Minister must decide whether or not to authorise the carrying on of the activity. (2) If, having regard to the contents of the final comprehensive environmental evaluation and any other relevant consideration, the Minister is satisfied that the activity, either as proposed or with certain modifications, can be carried on in a manner consistent with the basic environmental principles, the Minister must, by notice published in the Gazette, authorise the proponent of the activity to carry on the activity as proposed or modified. (3) The authorisation may be given subject to the conditions specified in the notice being complied with, being conditions imposed to ensure that the activity is carried on in a manner that is consistent with the basic environmental principles. (4) The authorisation is also subject to any prescribed condition. (5) If the Minister is not satisfied as provided in subsection (2), the Minister must not authorise the carrying on of the activity. (6) A decision not to approve the activity must: (a) be notified in the Gazette; and (b) give the reasons for the decision. #### 12M Notice of authorisation (1) A notice of authorisation given under section 12F, 12J or 12L must describe the activity that is authorised. (2) A notice may specify that the authorisation extends to the persons who are to carry on the activity on behalf of, or under the control, of the proponent of the activity. #### 12N Variation, suspension and revocation of authorisation (1) The Minister may, by notice given in accordance with section 12PA, vary an authorisation to carry on an activity given under this Part if the Minister is satisfied that it is necessary to do so to act consistently with the basic environmental principles. (2) If the person authorised to carry on an activity so requests in writing (giving reasons for the request) the Minister may, by notice given in accordance with section 12PA, vary the authorisation if the Minister is satisfied that: (a) the reasons given justify the variation; and (b) it would not be inconsistent with the basic environmental principles to vary the authorisation as requested. (3) The Minister may, by notice given in accordance with section 12PA, vary, suspend or revoke an authorisation to carry on an activity given under this Part if the Minister is satisfied: (a) that a condition subject to which the authorisation was given has not been, or is not being, complied with; or (b) it is necessary to do so to act consistently with the basic environmental principles. (4) Subject to subsection (5), an authorisation remains suspended for such period (not exceeding 90 days after the day on which the suspension takes effect) as is specified in the notice of suspension. (5) If proceedings for an offence relating to the carrying on of an activity authorised under this Part are started during a period when the authorisation is suspended, the suspension may be continued until the proceedings (including any appeal) are completed. (6) A variation, suspension or revocation done at the request of the person authorised to carry on an activity takes effect: (a) at the time notice of the variation, suspension or revocation is given; or (b) at any later time specified in the notice. (7) A variation, suspension or revocation not done at the request of the person authorised to carry on an activity takes effect: (a) if the Minister considers that irreversible environmental damage would be likely to occur if the variation, suspension or revocation did not take effect immediately—at the time notice of the variation, suspension or revocation is given; or (b) at the start of the 14th day after the day on which notice of the variation, suspension or revocation is given or at any later time specified in the notice. (8) Notice of a variation, suspension or revocation given under this section must state when the variation, suspension or revocation is to take effect. (9) A failure to comply with subsection (8) does not invalidate a notice. #### 12P Variation etc. of conditions (1) If an authorisation under this Part has been given subject to conditions specified in the notice of authorisation, the Minister may, by notice given in accordance with section 12PA, vary or revoke any of those conditions or impose further conditions. (2) A variation, revocation or imposition done at the request of the person authorised to carry on an activity takes effect: (a) at the time notice of the variation, revocation or imposition is given; or (b) at any later time specified in the notice. (3) A variation, revocation or imposition not done at the request of the person authorised to carry on an activity takes effect: (a) if the Minister considers that irreversible environmental damage would be likely to occur if the variation, revocation or imposition did not take effect immediately—at the time notice of the variation, revocation or imposition is given; or (b) at the start of the 14th day after the day on which notice of the variation, suspension or revocation is given or at any later time specified in the notice. (4) Notice of a variation, revocation or imposition given under this section must state when the variation, revocation or imposition is to take effect. (5) A failure to comply with subsection (4) does not invalidate a notice. #### 12PA Method of giving notice of variations etc. For the purposes of subsections 12N(1), (2) and (3) and 12P(1), the method by which notice must be given is: (a) in writing to the proponent of the activity covered by the authorisation to which the notice relates; or (b) by a message transmitted by radio, telephone or other electronic means to the proponent of the activity covered by the authorisation to which the notice relates; or (c) by notice published in the Gazette. #### 12Q Monitoring of activities The regulations may provide for the monitoring of activities authorised under this Part: (a) to find out whether the activities are carried on in accordance with the authorisation; or (b) to assess their impact on the environment. ## Part 4—Inspectors #### 13 Appointment of inspectors The Minister may, by instrument in writing, appoint a person as an inspector. #### 14 Inspectors ex officio By force of this section, any member of the Australian Federal Police or of the police force of a Territory is an inspector. #### 15 Identity cards (1) The Minister shall cause to be issued to each inspector, other than a member of a police force, an identity card in the form approved by the Minister, containing a photograph of the holder. (2) A person who ceases to be an inspector shall forthwith return his or her identity card to the Minister. (3) A person who contravenes subsection (2) commits an offence punishable on conviction by a fine not exceeding 1 penalty unit. #### 16 Arrest without warrant (1) An inspector may, without warrant, arrest any person if the inspector reasonably believes: (a) that the person has committed, or is committing, an offence against this Act; and (b) that proceedings against the person by summons would not be effective. (2) Where an inspector (other than a member of a police force who is in uniform) arrests a person under subsection (1), he or she shall: (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or (b) in any other case—produce his or her identity card for inspection by that person. (3) Where a person is arrested under subsection (1), an inspector shall forthwith bring the person, or cause him or her to be brought, before a Justice of the Peace or other proper authority to be dealt with in accordance with law. (4) Nothing in this section prevents the arrest of a person in accordance with any other law. #### 17 General powers of inspectors (1) Subject to subsection (2), an inspector may search a vehicle, sled, aircraft or vessel if he or she believes on reasonable grounds that there is in or on that vehicle, sled, aircraft or vessel: (a) any organism or article in respect of which an offence against this Act has been committed; or (b) anything that will afford evidence as to the contravention of a civil penalty provision or the commission of an offence against this Act; and for that purpose stop or detain that vehicle, sled, aircraft or vessel. (2) Subject to subsection (3), an inspector shall not search: (a) an aircraft or vessel belonging to an arm of the Defence Force; or (b) a foreign aircraft or foreign vessel; unless permission to do so is given by the person for the time being in control of the aircraft or vessel and, if that person so requires, personnel of an arm of the Defence Force or of the foreign aircraft or foreign vessel, as the case may be, are present to supervise the search. (3) Subsection (2) does not apply in relation to a foreign aircraft or foreign vessel (not being an aircraft or vessel of war) while it is in the Territory. (4) An inspector may: (a) require any person whom he or she finds committing or whom he or she reasonably suspects of having committed an offence against this Act to state his or her full name and usual place of residence; and (aa) require any person whom he or she finds contravening, or whom he or she reasonably suspects of having contravened, a civil penalty provision to state his or her full name and usual place of residence; and (b) require any person whom he or she finds doing or whom he or she reasonably suspects of having done an act in respect of which the person is required to hold a permit to produce such a permit or evidence of the existence and contents of such a permit; and (c) require any person whom he or she finds doing, or whom he or she reasonably suspects of having done, an activity in respect of which the person is required to be authorised under Part 3 to produce such an authorisation or evidence of the existence and content of such an authorisation. (5) Where an inspector (other than a member of a police force who is in uniform) stops, or proposes to search or detain, a vehicle, sled, aircraft or vessel, he or she shall: (a) in the case of a member of a police force—produce, for inspection by the person in charge of that vehicle, sled, aircraft or vessel, written evidence of the fact that he or she is a member of a police force; or (b) in any other case—produce his or her identity card for inspection by that person; and, if he or she fails to do so, he or she is not authorized to search or detain that vehicle, sled, aircraft or vessel. (6) Where an inspector (other than a member of a police force who is in uniform) makes a requirement of a person under this section, he or she shall: (a) in the case of a member of a police force—produce, for inspection by that person, written evidence of the fact that he or she is a member of a police force; or (b) in any other case—produce his or her identity card for inspection by that person; and, if he or she fails to do so, that person is not obliged to comply with the requirement. (7) A person commits an offence if: (a) an inspector makes a requirement of the person under this section; and (b) the person fails to comply with the requirement. Penalty: 10 penalty units. (7A) An offence under subsection (7) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (8) For the purposes of paragraph (4)(b), permit includes a recognised foreign authority. #### 18 Seizure (1) An inspector may seize any article that he or she reasonably believes to have been involved in the contravention of a civil penalty provision or the commission of an offence against this Act and may retain the article: (a) if proceedings for: (i) an offence against this Act in the commission of which it may have been involved; or (ii) a contravention of a civil penalty provision in the contravention of which it may have been involved; are commenced within 60 days after it is seized—until the proceedings (including any appeal) are completed; or (b) otherwise—for up to 60 days. (2) An inspector may seize any organism that he or she reasonably believes to have been involved in the commission of an offence against this Act. (3) Where anything has been seized under subsection (2), the Minister may cause it to be retained or disposed of and, if it was not involved in the commission of an offence against this Act, any person who has suffered loss or damage by reason of the seizure is entitled to reasonable compensation. ## Part 5—Offences relating to the environment etc. #### 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. #### 19AA Offences relating to rocks and meteorites (1) A person commits an offence if: (a) the person gathers or collects a meteorite; and (b) the person does so in the Antarctic; and (c) the person does not gather or collect the meteorite in accordance with a permit. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (2) A person commits an offence if: (a) the person removes a rock or a meteorite from the Antarctic; and (b) the rock or meteorite was gathered or collected in the Antarctic (whether or not by the person); and (c) the person does not remove the rock or meteorite in accordance with a permit. Penalty: Imprisonment for 2 years or 120 penalty units, or both. #### 19AB Offence relating to return of indigenous species A person commits an offence if: (a) the person brings into the Antarctic a seal, bird or plant; and (b) the seal, bird or plant is a native seal, a native bird or a native plant; and (c) the person does not bring the seal, bird or plant into the Antarctic in accordance with a permit. Penalty: Imprisonment for 2 years or 120 penalty units, or both. #### 19AC Offence relating to the accidental introduction of micro‑organisms (1) A person commits an offence if: (a) the person brings into the Antarctic an organism or an article; and (b) the person, by that conduct, brings into the Antarctic a micro‑organism that is not indigenous to the Antarctic. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (2) Subsection (1) does not apply if: (a) the person brings the organism or article into the Antarctic for use as food; or (b) the person has taken all reasonable precautions to ensure that a micro‑organism that is not indigenous to the Antarctic is not brought into the Antarctic by the conduct mentioned in paragraph (1)(a); or (c) the person has a permit or a recognised foreign authority to bring in the micro‑organism. (3) Subsection (1) does not apply in relation to the conduct mentioned in paragraph (1)(a) if the conduct was done in an emergency: (a) to save a person from death or serious injury; or (b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or (c) to protect the environment. #### 19AD Offences relating to bringing food into the Antarctic Bringing live animals into the Antarctic as food (1) A person must not bring a live animal into the Antarctic for use as food. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Controls to ensure organisms brought into Antarctic as food do not escape (2) If a person brings an organism into the Antarctic for use as food, the person must put controls in place that ensure that the organism does not escape into the Antarctic environment. Penalty: Imprisonment for 2 years or 120 penalty units, or both. Poultry and food products derived from poultry (3) A person commits an offence if: (a) the person brings poultry or any other bird product that is to be used as food into the Antarctic; and (b) the poultry or other bird product is contaminated with disease. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (4) Subsection (3) does not apply if the person has taken all reasonable precautions to ensure that disease is not brought into the Antarctic by the conduct mentioned in paragraph (3)(a). #### 19AE Offence relating to destruction of organisms brought into Antarctic without a permit (1) This section applies if: (a) a person brings into, or keeps in, the Antarctic an organism that is not indigenous to the Antarctic; and (b) that conduct is not in accordance with a permit or recognised foreign authority (either because the person does not have one to do so or because the conduct cannot be authorised by a permit or recognised foreign authority); and (c) the organism poses a risk to native fauna and flora. (2) The person must, as soon as is reasonably practicable after bringing the organism into the Antarctic or beginning to keep it, remove or destroy the organism and any progeny of the organism. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (3) Subsection (2) does not apply if: (a) it is not feasible to remove or destroy the organism or its progeny; or (b) the removal or destruction of the organism or its progeny would result in a greater adverse environmental impact than not doing so; or (c) the organism is brought into or kept in the Antarctic to be used as food. (4) The person must, as soon as is reasonably practicable after bringing the organism into the Antarctic or beginning to keep it, take all reasonable steps to avoid or, if already occurring, control the consequences of the conduct mentioned in paragraph (1)(a). Penalty: Imprisonment for 2 years or 120 penalty units, or both. (5) Subsection (4) does not apply if the organism is brought into or kept in the Antarctic to be used as food. #### 19A Prohibition against mining in the Territory (1) A person must not engage in a mining activity: (a) in the Territory; or (b) on any part of: (i) the continental shelf of the Territory; or (ii) the continental shelf of any of the islands known as Heard Island and McDonald Islands; that is within the Antarctic. Penalty: Imprisonment for 16 years or 1,000 penalty units, or both. (2) Subsection (1) does not apply to a mining activity if the activity is the gathering or collecting of a meteorite, or the removal of a rock or meteorite, in accordance with a permit. > Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code. #### 19B Prohibition against mining in the Antarctic (1) An Australian national must not engage in a mining activity in or on an area of the Antarctic other than: (a) the Territory; or (b) any area of continental shelf referred to in paragraph 19A(1)(b). Penalty: Imprisonment for 16 years or 1,000 penalty units, or both. (2) Subsection (1) does not apply to a mining activity if the activity is the gathering or collecting of a meteorite, or the removal of a rock or meteorite, in accordance with a permit. > Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code. #### 19C Prosecution of offences (1) An offence against section 19A or 19B is an indictable offence. (2) Despite subsection (1), a court of summary jurisdiction, may hear and determine proceedings in respect of an offence against section 19A or 19B if satisfied that it is proper to do so and the defendant and the prosecutor consent. (3) If, under subsection (2), a court of summary jurisdiction convicts a person of an offence against section 19A or 19B, the penalty that the court may impose is a fine not exceeding: (a) in the case of an individual—100 penalty units; or (b) in the case of a body corporate—500 penalty units. #### 20 Contravening conditions of permits (1) A person commits an offence if: (a) a provision of a condition of a permit is applicable to the person (including a provision of a condition that is applicable to the person because of subsection 9A(3)); and (b) the person engages in conduct; and (c) the conduct contravenes the condition. Penalty: Imprisonment for 1 year or 60 penalty units, or both. (2) In this section: > engage in conduct means: (a) do an act; or (b) omit to perform an act. #### 21 Furnishing information (1) A person who does an act mentioned in subsection (1AA) in accordance with a permit must notify the Minister or an authorised officer, in the prescribed form (or, if no form is prescribed, in a form approved by the Minister), that the person has done the act, as soon as practicable after doing the act. Penalty: 60 penalty units. (1AA) The acts that must be notified under subsection (1) are the following: (a) an act that has a result mentioned in paragraph 19(1A)(b); (b) an act mentioned in paragraph 19(1)(b); (c) an act mentioned in paragraph 19(1)(d). (1A) An offence under subsection (1) is an offence of strict liability. > Note: For strict liability, see section 6.1 of the Criminal Code. (2) In subsection (1), authorised officer means a person designated by the Minister, by notice published in the Gazette, for the purposes of that subsection. #### 21AA Giving information about act done in emergency situation (1) A person who, in an emergency: (a) to save a person from death or serious injury; or (b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or (c) to protect the environment; does an act mentioned in subsection (2), and does so other than in accordance with a permit or a recognised foreign authority, must notify the Minister or an authorised officer that the person has done the act, before the end of the 30th day after the act was done. Penalty: 60 penalty units. (2) The acts that must be notified under subsection (1) are the following: (a) an act that has a result mentioned in paragraph 19(1A)(b); (b) an act mentioned in subsection 19(1); (c) an act mentioned in subsection 19(2). (3) Subsection (1) does not apply if: (a) it is not possible for the person to notify the Minister or an authorised officer of the act before the end of the 30th day after the act was done; and (b) the person notifies the Minister or an authorised officer of the act as soon as practicable after that day. > Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code. (4) Strict liability applies to subsection (1). > Note: For strict liability, see section 6.1 of the Criminal Code. (5) In this section: > authorised officer means a person authorised by the Minister, by notice published in the Gazette, for the purposes of this section. #### 21AB Giving further information about act done in emergency situation (1) A person who, in an emergency: (a) to save a person from death or serious injury; or (b) to secure the safety of a ship or aircraft or the safety of equipment or facilities of high value; or (c) to protect the environment; does an act mentioned in subsection 21A(2), and does so other than in accordance with a permit or a recognised foreign authority, must, before the end of the 60th day after the day on which the act was done, give a written report to the Minister or an authorised officer, in the prescribed form (or if no form is prescribed, in the form approved by the Minister): (d) describing the action; and (e) explaining why the action was taken. Penalty: 60 penalty units. (2) Subsection (1) does not apply if: (a) it is not possible for the person to give the written report to the Minister or an authorised officer before the end of the 60th day after the act was done; and (b) the person gives the written report to the Minister or an authorised officer as soon as practicable after that day. > Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code. (3) Strict liability applies to subsection (1). > Note: For strict liability, see section 6.1 of the Criminal Code. (4) In this section: > authorised officer means a person authorised by the Minister, by notice published in the Gazette, for the purposes of this section. #### 21A Unauthorised activities (1) In this section: > activity means an activity to which Part 3 applies. (2) A person commits an offence if: (a) the person carries on an activity; and (b) the person does so in the Antarctic; and (c) the person is not authorised by the Minister under Part 3 to carry on the activity. Penalty: Imprisonment for 7 years or 420 penalty units, or both. (3) A person commits an offence if: (a) the Minister authorised the person under Part 3 to carry on an activity in the Antarctic subject to a condition being complied with; and (b) the person carries on the activity; and (c) the person does so without the condition being complied with. Penalty: Imprisonment for 2 years or 120 penalty units, or both. (4) In a prosecution of a person for an offence against subsection (2) or (3), it is a defence if: (a) the activity was carried on 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) the person was authorised to carry on the activity under a law of a Contracting Party. > Note: The defendant bears an evidential burden in relation to the matters in subsection (4). See subsection 13.3(3) of the Criminal Code. ## Part 5A—Civil penalty provisions ### Division 1—Obtaining a civil penalty order #### 22 Civil penalty orders Application for order (1) The Minister may apply to a Court for an order that a person, who is alleged to have contravened a civil penalty provision, pay the Commonwealth a pecuniary penalty. (2) The Minister must make the application within 6 years of the alleged contravention. Court may order person to pay pecuniary penalty (3) If the Court is satisfied that the person has contravened the civil penalty provision, the Court may order the person to pay to the Commonwealth such pecuniary penalty for the contravention as the Court determines to be appropriate. > Note: Subsection (5) sets out the maximum penalty that the Court may order the person to pay. (4) An order under subsection (3) is a civil penalty order. Determining pecuniary penalty (5) The pecuniary penalty must not be more than: (a) if the person is a body corporate—5 times the pecuniary penalty specified for the civil penalty provision; and (b) otherwise—the pecuniary penalty specified for the civil penalty provision. (6) In determining the pecuniary penalty, the Court must take into account all relevant matters, including: (a) the nature and extent of the contravention; and (b) the nature and extent of any loss or damage suffered because of the contravention; and (c) the circumstances in which the contravention took place; and (d) whether the person has previously been found by a court to have engaged in any similar conduct. #### 22A Civil enforcement of penalty (1) A pecuniary penalty is a debt payable to the Commonwealth. (2) The Commonwealth may enforce a civil penalty order as if it were an order made in civil proceedings against the person to recover a debt due by the person. The debt arising from the order is taken to be a judgement debt. #### 22B Conduct contravening more than one civil penalty provision (1) If conduct constitutes a contravention of 2 or more civil penalty provisions, proceedings may be instituted under this Part against a person in relation to the contravention of any one or more of those provisions. (2) However, the person is not liable to more than one pecuniary penalty under this Part in relation to the same conduct. #### 22C Multiple contraventions (1) A Court may make a single civil penalty order against a person for multiple contraventions of a civil penalty provision if proceedings for the contraventions are founded on the same facts, or if the contraventions form, or are part of, a series of contraventions of the same or a similar character. (2) However, the penalty must not exceed the sum of the maximum penalties that could be ordered if a separate penalty were ordered for each of the contraventions. #### 22D Proceedings may be heard together A Court may direct that 2 or more proceedings for civil penalty orders are to be heard together. #### 22E Civil evidence and procedure rules for civil penalty orders A Court must apply the rules of evidence and procedure for civil matters when hearing proceedings for a civil penalty order. #### 22F Contravening a civil penalty provision is not an offence A contravention of a civil penalty provision is not an offence. ### Division 2—Civil proceedings and criminal proceedings #### 22G Civil proceedings after criminal proceedings A Court may not make a civil penalty order against a person for a contravention of a civil penalty provision if the person has been convicted of an offence constituted by conduct that is the same, or substantially the same, as the conduct constituting the contravention. #### 22H Criminal proceedings during civil proceedings (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if: (a) criminal proceedings are commenced or have already been commenced against the person for an offence; and (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention. (2) The proceedings for the order (the civil proceedings) may be resumed if the person is not convicted of the offence. Otherwise: (a) the civil proceedings are dismissed; and (b) costs must not be awarded in relation to the civil proceedings. #### 22J Criminal proceedings after civil proceedings Criminal proceedings may be commenced against a person for conduct that is the same, or substantially the same, as conduct that would constitute a contravention of a civil penalty provision regardless of whether a civil penalty order has been made against the person in relation to the contravention. #### 22K Evidence given in civil proceedings not admissible in criminal proceedings (1) Evidence of information given, or evidence of production of documents by an individual, is not admissible in criminal proceedings against the individual if: (a) the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil penalty provision (whether or not the order was made); and (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention. (2) However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order. ### Division 3—Miscellaneous #### 22L Ancillary contravention of civil penalty provisions (1) A person must not: (a) attempt to contravene a civil penalty provision; or (b) aid, abet, counsel or procure a contravention of a civil penalty provision; or (c) induce (by threats, promises or otherwise) a contravention of a civil penalty provision; or (d) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of a civil penalty provision; or (e) conspire with others to effect a contravention of a civil penalty provision. > Note: Section 22N (which provides that a person’s state of mind does not need to be proven in relation to a civil penalty provision) does not apply to subsection (1) of this section. Civil penalty (2) A person who contravenes subsection (1) in relation to a civil penalty provision is taken to have contravened the provision. #### 22M Mistake of fact (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision if: (a) at or before the time of the conduct constituting the contravention, the person: (i) considered whether or not facts existed; and (ii) was under a mistaken but reasonable belief about those facts; and (b) had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision. (2) For the purposes of subsection (1), a person may be regarded as having considered whether or not facts existed if: (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion. (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection. #### 22N State of mind (1) In proceedings for a civil penalty order against a person for a contravention of a civil penalty provision (other than subsection 22L(1)), it is not necessary to prove: (a) the person’s intention; or (b) the person’s knowledge; or (c) the person’s recklessness; or (d) the person’s negligence; or (e) any other state of mind of the person. (2) Subsection (1) does not affect the operation of section 22M (which is about mistake of fact). ## Part 6—Miscellaneous #### 25 Officers and employees of governments and authorities The Governor‑General may make arrangements with the Governor of a State or the Administrator of the Northern Territory for the performance of functions and the exercise of powers under this Act by officers or employees of that State or Territory or of an authority of that State or Territory, as the case may be. #### 26 Programs etc. relating to the Antarctic The Minister may cause, make arrangements for, or co‑operate with any government, organization or person in: (a) the formulation and implementation of programs; (b) the carrying out of research; and (c) the dissemination of information; relating to the conservation of Antarctic fauna and flora and the protection of the environment of the Antarctic. #### 27 Delegation The Minister may delegate to an officer of, or a person employed in, the Department all or any of his or her functions and powers under this Act other than: (a) a function under section 12L; or (b) the power under section 12N to vary, suspend or revoke an authorisation given under section 12L; or (c) the power under section 12P to vary or revoke any condition to which an authorisation given under section 12L is subject; or (d) the power under section 22 to apply for a civil penalty order. #### 28 Review of decisions (1) An application may be made to the Administrative Review Tribunal for a review of a decision of the Minister made under section 9, 10, 11, 12, 12E, 12F, 12H, 12J, 12L, 12N or 12P. (1A) The Administrative Review Tribunal must not make an order under subsection 32(2) of the Administrative Review Tribunal Act 2024 staying, or otherwise affecting the operation or implementation, of: (a) a decision under subsection 12N(1) or (3) to which paragraph 12N(7)(a) applies; or (b) a decision under subsection 12P(1) to which paragraph 12P(3)(a) applies. (2) In this section, decision has the same meaning as in the Administrative Review Tribunal Act 2024. #### 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.