Protocol on Environmental Protection to the Antarctic Treaty
The Protocol on Environmental Protection to the Antarctic Treaty (Environmental Protocol), is an agreement to protect the Antarctic environment (signed by Australia in 1991), which includes measures to conserve flora and fauna, manage waste and prevent pollution.
The Environmental Protocol requires prior assessment of environmental impacts for all proposed activities in the Antarctic region.
Antarctic Treaty (Environment Protection) Act 1980
Australia’s obligations under the Antarctic Treaty and Environmental Protocol to the Antarctic Treaty are implemented through Australian legislation, in accordance with the Antarctic Treaty (Environment Protection) Act 1980 (ATEP Act) and associated Environmental Impact Assessment Regulations (EIA Regulations), which are administered by the Australian Antarctic Division (AAD) on behalf of the Minister for the Environment and Water.
The ATEP Act aims to minimise impacts of any human activities to protect the fragile Antarctic environment and wildlife. All proposed Australian activities in the Antarctic Treaty Area (south of 60ºS), including the Australian Antarctic Territory, must comply with the ATEP Act.
Antarctic Specially Protected Areas
A protected area system in Antarctica was established under the 1964 Agreed Measures for the Conservation of Fauna and Flora, which is implemented through the ATEP Act.
Antarctic Treaty Parties developed guidelines to assess a suitable area, prepare the required management plan, and officially declare an Antarctic Specially Protected Area (ASPA). Nations can submit ASPA proposals to the Committee for Environment Protection, for consideration and approval at an Antarctic Treaty Consultative Meeting.
ASPAs aim to:
- Protect and preserve areas of significant environmental, scientific, historic, aesthetic or wilderness values.
- Reduce risk of interference with areas of exceptional scientific interest for ongoing or planned research.
It is an offence to enter an ASPA without a specific permit, authorised in accordance with the management plan. To apply for a permit to enter an ASPA, all details of proposed activities must be included in an EIA application (available under key documents and forms).
ASPA maps and management plans are available on the Antarctic Protected Areas Database (Secretariat of the Antarctic Treaty website).
Offences under the ATEP Act
The following activities are offences under the ATEP Act, unless specifically authorised in an ATEP Permit:
| ATEP Act reference | Offence (may be permitted) |
|---|---|
| 19(1A)(b)(i) | Does an act that causes death or injury to a native bird or a native seal |
| 19(1A)(b)(ii) | Does an act that causes the taking of a native bird or a native seal |
| 19(1A)(b)(iia) | Does an act that causes the taking of native invertebrates or native plants in the Antarctic |
| 19(1A)(b)(iii) | Does an act that causes other interference with a native bird or a native seal |
| 19(1A)(b)(iiia) | Does an act that disturbs a native bird or native seal |
| 19(1)(b) | Gather or collect a native plant |
| 19(1)(c) | Bring into, or keep in, the Antarctic an organism that is not indigenous to the Antarctic |
| 19(1)(d) | Enter, or carry on any other activity in, an ASPA |
| 19(2)(a) | Use an aircraft in such a manner as to disturb a concentration of birds or of seals |
| 19(2)(b) | Use a vehicle or vessel in a manner that disturbs a concentration of birds or of seals |
| 19(2)(c) | Use an explosive in a manner that disturbs a concentration of birds or of seals |
| 19(2)(d) | Use a firearm in a manner that disturbs a concentration of birds or of seals |
| 19(2)(e) | While on foot, disturb a concentration of birds or of seals |
| 19(2)(ea)(i) | Carry on an activity that results in the habitat of any species of native seal, native bird, native invertebrate or native plant being adversely modified to a significant extent |
| 19(2)(ea)(ii) | Carry on an activity that results in any population of native seals, native birds, native invertebrates or native plants being adversely modified to a significant extent |
| 19AA(1) | Gather or collect a meteorite in the Antarctic |
| 19AA(2) | Removes a rock or meteorite that was gathered or collected in the Antarctic |
| 19AB(a) | Bring into the Antarctic a native seal, a native bird or a native plant |
The following offences under the ATEP Act cannot be permitted:
| ATEP Act reference | Offence (cannot be permitted) |
|---|---|
| 19(1)(caa) | Bring a dog into the Antarctic, or being the owner of a dog, allow it to remain |
| 19(1)(cab) | Bring a living bird into the Antarctic |
| 19(1)(ca)(i) | Bring into, or keep in, the Antarctic non-sterile soil |
| 19(1)(ca)(ii) | Bring into, or keep in, the Antarctic polychlorinated biphenyls |
| 19(1)(ca)(iii) | Bring into, or keep in, the Antarctic polystyrene beads or chips or any similar kind of [particulate non-biodegradable] packaging material |
| 19(1)(cb) | Bring into, or keep in the Antarctic any pesticide, other than for use for scientific, medical or hygienic purposes |
| 19(1)(e) | Carry on any activity in an ASMA otherwise than as authorised by the plan of management |
| 19(1B)(b)(i) | Does an act that causes any damage to or in an historic site |
| 19(1B)(b)(ii) | Does an act that destroys, or causes damage to or the removal of, an historic monument |
| 19(2)(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 |
| 19AC(1) | Bring into the Antarctic an organism or an article, and by that conduct, bring into the Antarctic a micro-organism that is not indigenous to the Antarctic |
| 19AD(1) | Bring a live animal into the Antarctic for use as food |
| 19AD(3) | Bring poultry or other bird product that is to be used as food and is contaminated with disease into the Antarctic |
| 19A | Engage in mining activity in the Territory or continental shelf |
| 19B | Australian national engaging in mining in the Antarctic |
Antarctic Marine Living Resources Conservation Act 1981
The Convention on the Conservation of Antarctic Marine Living Resources (CAMLR Convention) is implemented by the Antarctic Marine Living Resources Conservation Act 1981 (AMLRC Act), which is administered by the AAD on behalf of the Minister for the Environment and Water.
The AMLRC Act aims to protect living resources and ecosystems in the Southern Ocean surrounding Antarctic by regulating harvesting and research of all living marine organisms within the Convention Area (south of the ‘Antarctic Convergence').
The following activities are offences under the AMLRC Act, unless specifically authorised in an AMLRC Permit:
- Harvesting living marine organisms
- Carrying out research with respect to living marine organisms
The Australian Fisheries Management Authority (AFMA) regulates Australian commercial harvesting of marine organisms in the CAMLR Convention Area. Activities authorised under another Commonwealth Act will not require a permit under the AMLRC Act.
Environment Protection and Biodiversity Conservation Act 1999
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all Australian Commonwealth areas, which includes the Australian Antarctic Territory (AAT) and Heard Island and McDonald Islands (HIMI).
The EPBC Act seeks to:
- Protect matters of national environmental significance
- Promote ecologically sustainable development
- Conserve biodiversity
Activities in Commonwealth areas, Commonwealth activities, and/or any activities likely to have significant impacts on matters of national environmental significance, may require referral under the EPBC Act.
Heard Island and McDonald Islands Act 1953
The sub-Antarctic Heard Island and McDonald Islands (HIMI) are a remote island group in the Southern Ocean (approximately 53º05’S and 73º30’E).
The Territory of HIMI (extending to 12 nautical mile territorial sea) is a listed World Heritage Area, and the greater HIMI Marine Reserve was declared an Australian Commonwealth Reserve in 2002, under the EPBC Act. The HIMI Marine Reserve, including the HIMI Territory, is managed as a strict nature reserve primarily for science and environmental monitoring (Category 1a Protected Area under EPBC Act).
The HIMI Territory is an Australian Territory, in accordance with the Heard Island and McDonald Islands Act 1953 (HIMI Act), which is administered by the AAD on behalf of the Minister for the Environment and Water. The HIMI Act seeks to preserve and manage the territory, and protect the fragile environment and indigenous wildlife. Activities must comply with the Heard Island and McDonald Islands Marine Reserve Management Plan 2014-2024, relevant ordinances and the EPBC Act, which include requirements for environmental impact assessments and permits.
Tasmanian Nature Conservation Act 2002
Macquarie Island is an isolated sub-Antarctic island in the Southern Ocean, halfway between Tasmania and Antarctica (approximately 1,500km southeast of Tasmania), which is managed by the Tasmanian Government.
The island and coastal waters (out to 3 nautical miles) is listed as the Macquarie Island Nature Reserve under the Tasmanian Nature Conservation Act 2002. The nature reserve and territorial sea (out to 12 nautical miles) is a listed World Heritage Area, in recognition of the island’s unique geological features.
The Commonwealth’s Macquarie Island Marine Park extends to the southeast of the island (out to the Australian Exclusive Economic Zone, from 12 to 200 nautical miles), as part of the National Representative System of Marine Protected Areas, which is administered by Parks Australia on behalf of the Minister for the Environment and Water.
Tasmanian National Parks and Reserves Management Act 2002
The Tasmanian National Parks and Reserves Management Act 2002 enforces the Macquarie Island Nature Reserve and World Heritage Area Management Plan 2006, which are administered by the Tasmanian Parks and Wildlife Service within the Department of Natural Resources and Environment.
Permits are required for entry to the Macquarie Island Nature Reserve and any proposed scientific, management or recreational activities (contact the Tasmanian Parks and Wildlife Service directly via Macquarie.Island@parks.tas.gov.au).
As a World Heritage Area, Macquarie Island is also subject to relevant obligations under the Commonwealth EPBC Act.
Biosecurity Act 2015
The Biosecurity Act 2015 (Biosecurity Act) commenced on 15 June 2016 (replacing the previous Quarantine Act 1908) and is administered by the Department of Agriculture, Fisheries and Forestry.
The Biosecurity Act requires an import permit for all biological, soil, ice and water samples returning to Australia from the Antarctic region, the Territory of Heard Island and McDonald Islands, and waters outside the Australian territory (as defined by the Biosecurity Act). Permits must be granted before samples return to Australia.
Proponents must also check if other countries require further approvals when transporting samples internationally.
Weapons Ordinance 2001
Weapons ordinances govern the possession and use of weapons in the Australian Antarctic Territory (AAT) (Weapons Ordinance 2001 (AAT)) and the Territory of Heard Island and McDonald Islands (HIMI) (Weapons Ordinance 2001 (HIMI)).
The ordinances prohibit possession and use of all automatic and semi-automatic weapons in the AAT and HIMI, but allow some possession and use of historic and non-historic weapons (subject to specific conditions).
Requests to take a non-automatic weapon (automatic weapons are completely banned) into the AAT or HIMI must apply to the Australian Antarctic Division (AAD) for a permit. Exceptions apply to members of defence forces and other select groups, which are permitted in accordance with the legislation.
