ANTARCTIC TREATY (ENVIRONMENT PROTECTION) AMENDMENT BILL 2010

i Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

Contents

1 Short

title

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2 Commencement

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3 Schedule(s)

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Schedule 1--Implementation of amendments to Annex II of the

Madrid Protocol

Part 1--Amendments

Antarctic Treaty (Environment Protection) Act 1980

Part 2--Application and transitional

Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010 1

A Bill for an Act to amend the law relating to the

protection of the Antarctic environment, and for

related purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Antarctic Treaty (Environment

Protection) Amendment Act 2010.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1

The later of:

(a) the day this Act receives the Royal

Assent; and

(b) the day Measure 16, adopted by the

XXXIInd Antarctic Treaty Consultative

Meeting at Baltimore on 17 April 2009,

comes into force for Australia.

However, the provision(s) do not commence

at all if the event mentioned in paragraph (b)

does not occur.

The Minister must announce by notice in the

Gazette the day the Measure comes into

force for Australia.

Note:

This table relates only to the provisions of this Act as originally

passed by both Houses of the Parliament and assented to. It will not be

expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Implementation of amendments to Annex II of the Madrid Protocol Schedule 1

Amendments Part 1

Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010 3

Schedule 1--Implementation of amendments

to Annex II of the Madrid Protocol

Part 1--Amendments

Antarctic Treaty (Environment Protection) Act 1980

1 Subsection 3(1)

Insert:

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

(d) an article containing or infected by a virus or bacterium.

2 Subsection 3(1) (definition of specially protected species)

After "native bird", insert ", native invertebrate".

3 Subsection 3(1) (definition of take)

Repeal the definition, substitute:

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

damage such quantities of the invertebrates that their local

distribution or abundance would be significantly affected.

4 Subsection 3(2)

Repeal the subsection.

5 Subsection 7C(1)

After "native bird", insert ", native invertebrate".

Schedule 1 Implementation of amendments to Annex II of the Madrid Protocol

Part 1 Amendments

4 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

6 Subparagraph 10(1)(b)(ii)

Omit "(including display in museums, zoological gardens or other

educational or cultural institutions) or such other educational or cultural

purposes", substitute "(including display in museums or other

educational institutions) or such other educational purposes".

Note:

The following heading to subsection 10(1) is inserted "Permits for taking etc. native

birds and native seals".

7 After subparagraph 10(1)(b)(ii)

Insert:

(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

8 Subparagraph 10(1)(b)(iv)

After "subparagraph (ii)", insert "or (iia)".

9 At the end of paragraph 10(1)(c)

Add:

; 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.

10 After subsection 10(1A)

Insert:

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:

Implementation of amendments to Annex II of the Madrid Protocol Schedule 1

Amendments Part 1

Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010 5

(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

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.

11 Subparagraph 10(1B)(b)(ii)

Omit "(including display in museums, herbaria, botanical gardens or

other educational or cultural institutions) or such other educational or

cultural purposes", substitute "(including display in museums, herbaria,

botanical gardens or other educational institutions) or such other

educational purposes".

Note:

The following heading to subsection 10(1B) is inserted "Permits for gathering etc.

native plants".

12 At the end of paragraph 10(1B)(c)

Add:

; 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.

Schedule 1 Implementation of amendments to Annex II of the Madrid Protocol

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6 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

Note:

The following heading to subsection 10(1C) is inserted "Permits for gathering etc.

meteorites and rocks".

13 Subsection 10(1D)

Repeal the subsection.

14 Paragraph 10(2)(b)

Omit "that is not indigenous to the Antarctic".

Note:

The following heading to subsection 10(2) is inserted "Permits to bring organisms into

the Antarctic".

15 Subsection 10(3)

Repeal the subsection, substitute:

(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.

16 Subsection 10(4)

Omit "an animal, plant, virus, bacterium, yeast or fungus that is not

indigenous to the Antarctic and might cause harmful interference with

the natural system if left unsupervised within the Antarctic", substitute

"an organism that is not indigenous to the Antarctic".

17 Subsection 10(5)

Repeal the subsection, substitute:

(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

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Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010 7

(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.

Note:

The following heading to subsection 10(6) is inserted "Specially protected areas".

18 Paragraph 17(1)(a)

Omit "any animal, plant, virus, bacterium, yeast, fungus", substitute

"any organism".

19 Subsection 18(2)

Omit "any animal, plant, virus, bacterium, yeast or fungus", substitute

"any organism".

20 Subparagraph 19(1A)(b)(i)

Omit ", a native invertebrate".

21 Subparagraph 19(1A)(b)(ii)

Omit ", a native invertebrate".

22 After subparagraph 19(1A)(b)(ii)

Insert:

(iia) causes the taking of native invertebrates or native plants

in the Antarctic; or

23 Subparagraph 19(1A)(b)(iii)

Omit ", a native invertebrate".

24 Subparagraph 19(1A)(b)(iiia)

Omit "seal; or", substitute "seal.".

25 Subparagraph 19(1A)(b)(iv)

Repeal the subparagraph.

26 Paragraph 19(1)(c)

Schedule 1 Implementation of amendments to Annex II of the Madrid Protocol

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8 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

Omit "an animal, plant, virus, bacterium, yeast or fungus", substitute

"an organism".

27 After paragraph 19(1)(caa)

Insert:

(cab) bring a living bird into the Antarctic; or

28 Paragraph 19(2)(g)

Repeal the paragraph, substitute:

(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.

29 Paragraph 19(3)(b)

Omit "the animal (not being a live bird), plant, virus, bacterium, yeast

or fungus, as the case may be,", substitute "the organism".

30 After section 19AB

Insert:

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

Implementation of amendments to Annex II of the Madrid Protocol Schedule 1

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Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010 9

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

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).

Schedule 1 Implementation of amendments to Annex II of the Madrid Protocol

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10 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

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

(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

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.

31 Paragraphs 29(2)(f) and (g)

Omit "animals, plants, viruses, bacteria, yeasts and fungi", substitute

"organisms".

Implementation of amendments to Annex II of the Madrid Protocol Schedule 1

Amendments Part 1

Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010 11

32 Schedule 3 (Annex II to the Protocol on Environmental

Protection to the Antarctic Treaty)

Repeal the Annex, substitute:

ANNEX II TO THE PROTOCOL ON ENVIRONMENTAL

PROTECTION TO THE ANTARCTIC TREATY

CONSERVATION OF ANTARCTIC FAUNA AND FLORA

ARTICLE 1

DEFINITIONS

For the purposes of this Annex:

(a) "native mammal" means any member of any species

belonging to the Class Mammalia, indigenous to the

Antarctic Treaty area or occurring there naturally through

migrations;

(b) "native bird" means any member, at any stage of its life cycle

(including eggs), of any species of the Class Aves indigenous

to the Antarctic Treaty area or occurring there naturally

through migrations;

or freshwater vegetation, including bryophytes, lichens, fungi

and algae, at any stage of its life cycle (including seeds, and

other propagules), indigenous to the Antarctic Treaty area;

(d) "native invertebrate" means any member of any species of

terrestrial or freshwater invertebrate, at any stage of its life

cycle, indigenous to the Antarctic Treaty area;

(e) "appropriate authority" means any person or agency

authorised by a Party to issue permits under this Annex;

(f) "permit" means a formal permission in writing issued by an

appropriate authority;

(g) "take" or "taking" means to kill, injure, capture, handle or

molest a native mammal or bird, or to remove or damage

such quantities of native plants or invertebrates that their

local distribution or abundance would be significantly

affected;

(h)

"harmful

interference"

means:

Schedule 1 Implementation of amendments to Annex II of the Madrid Protocol

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12 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

(i) flying or landing helicopters or other aircraft in a

manner that disturbs concentrations of native birds or

seals;

(ii) using vehicles or vessels, including hovercraft and small

boats, in a manner that disturbs concentrations of native

birds or seals;

(iii) using explosives or firearms in a manner that disturbs

concentrations of native birds or seals;

(iv) wilfully disturbing breeding or moulting native birds or

concentrations of native birds or seals by persons on

foot;

(v) significantly damaging concentrations of native

terrestrial plants by landing aircraft, driving vehicles, or

walking on them, or by other means; and

(vi) any activity that results in the significant adverse

modification of habitats of any species or population of

native mammal, bird, plant or invertebrate.

(i) "International Convention for the Regulation of Whaling"

means the Convention done at Washington on 2 December

1946.

(j) "Agreement on the Conservation of Albatrosses and Petrels"

means the Agreement done at Canberra on 19 June 2001.

ARTICLE 2

CASES OF EMERGENCY

1. This Annex shall not apply in cases of emergency relating to the

safety of human life or of ships, aircraft, or equipment and

facilities of high value, or the protection of the environment.

2. Notice of activities undertaken in cases of emergency that result in

any taking or harmful interference shall be circulated immediately

to all Parties and to the Committee.

ARTICLE 3

PROTECTION OF NATIVE FAUNA AND FLORA

1. Taking or harmful interference shall be prohibited, except in

accordance with a permit.

Implementation of amendments to Annex II of the Madrid Protocol Schedule 1

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2. Such permits shall specify the authorised activity, including when,

where and by whom it is to be conducted and shall be issued only

in the following circumstances:

(a) to provide specimens for scientific study or scientific

information;

(b) to provide specimens for museums, herbaria and botanical

gardens, or other educational institutions or uses;

native mammals or birds, only if such specimens cannot be

obtained from existing captive collections elsewhere, or if

there is a compelling conservation requirement; and

(d) to provide for unavoidable consequences of scientific

activities not otherwise authorised under sub-paragraphs (a),

(b) or (c) above, or of the construction and operation of

scientific support facilities.

3. The issue of such permits shall be limited so as to ensure that:

(a) no more native mammals, birds, plants or invertebrates are

taken than are strictly necessary to meet the purposes set

forth in paragraph 2 above;

(b) only small numbers of native mammals or birds are killed,

and in no case more are killed from local populations than

can, in combination with other permitted takings, normally

be replaced by natural reproduction in the following season;

and

their existence, and the balance of the ecological systems

existing within the Antarctic Treaty area are maintained.

4. Any species of native mammals, birds, plants and invertebrates

listed in Appendix A to this Annex shall be designated "Specially

Protected Species", and shall be accorded special protection by the

Parties.

5. Designation of a species as a Specially Protected Species shall be

undertaken according to agreed procedures and criteria adopted by

the ATCM.

6. The Committee shall review and provide advice on the criteria for

proposing native mammals, birds, plants or invertebrates for

designation as a Specially Protected Species.

Schedule 1 Implementation of amendments to Annex II of the Madrid Protocol

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14 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

7. Any Party, the Committee, the Scientific Committee on Antarctic

Research or the Commission for the Conservation of Antarctic

Marine Living Resources may propose a species for designation as

a Specially Protected Species by submitting a proposal with

justification to the ATCM.

8. A permit shall not be issued to take a Specially Protected Species

unless the taking:

(a) is for a compelling scientific purpose; and

(b) will not jeopardise the survival or recovery of that species or

local population;

9. The use of lethal techniques on Specially Protected Species shall

only be permitted where there is no suitable alternative technique.

10. Proposals for the designation of a species as a Specially Protected

Species shall be forwarded to the Committee, the Scientific

Committee on Antarctic Research and, for native mammals and

birds, the Commission for the Conservation of Antarctic Marine

Living Resources, and as appropriate, the Meeting of the Parties to

the Agreement on the Conservation of Albatrosses and Petrels and

other organisations. In formulating its advice to the ATCM on

whether a species should be designated as a Specially Protected

Species, the Committee shall take into account any comments

provided by the Scientific Committee on Antarctic Research, and,

for native mammals and birds, the Commission for the

Conservation of Antarctic Marine Living Resources, and as

appropriate, the Meeting of the Parties to the Agreement on the

Conservation of Albatrosses and Petrels and other organisations.

11. All taking of native mammals and birds shall be done in the

manner that involves the least degree of pain and suffering

practicable.

ARTICLE 4

INTRODUCTION OF NON-NATIVE SPECIES AND DISEASES

1. No species of living organisms not native to the Antarctic Treaty

area shall be introduced onto land or ice shelves, or into water, in

the Antarctic Treaty area except in accordance with a permit.

2. Dogs shall not be introduced onto land, ice shelves or sea ice.

Implementation of amendments to Annex II of the Madrid Protocol Schedule 1

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Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010 15

3. Permits under paragraph 1 above shall:

(a) be issued to allow the importation only of cultivated plants

and their reproductive propagules for controlled use, and

species of living organisms for controlled experimental use;

and

(b) specify the species, numbers and, if appropriate, age and sex

of the species to be introduced, along with a rationale,

justifying the introduction and precautions to be taken to

prevent escape or contact with fauna or flora.

4. Any species for which a permit has been issued in accordance with

paragraphs 1 and 3 above shall, prior to expiration of the permit, be

removed from the Antarctic Treaty area or be disposed of by

incineration or equally effective means that eliminates risk to

native fauna or flora. The permit shall specify this obligation.

5. Any species, including progeny, not native to the Antarctic Treaty

area that is introduced into that area without a permit that has been

issued in accordance with paragraph 1 and 3 above, shall be

removed or disposed of whenever feasible, unless the removal or

disposal would result in a greater adverse environmental impact.

Such removal or disposal may include by incineration or by

equally effective means, so as to be rendered sterile, unless it is

determined that they pose no risk to native flora or fauna. In

addition, all reasonable steps shall be taken to control the

consequences of that introduction to avoid harm to native fauna or

flora.

6. Nothing in this Article shall apply to the importation of food into

the Antarctic Treaty area provided that no live animals are

imported for this purpose and all plants and animal parts and

products are kept under carefully controlled conditions and

disposed of in accordance with Annex III to the Protocol.

7. Each Party shall require that precautions are taken to prevent the

accidental introduction of micro-organisms (e.g., viruses, bacteria,

yeasts, fungi) not present naturally in the Antarctic Treaty area.

8. No live poultry or other living birds shall be brought into the

Antarctic Treaty area. All appropriate efforts shall be made to

ensure that poultry or avian products imported into Antarctica are

free from contamination by diseases (such as Newcastle's Disease,

tuberculosis, and yeast infection) which might be harmful to native

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16 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

flora and fauna. Any poultry or avian products not consumed shall

be removed from the Antarctic Treaty area or disposed of by

incineration or equivalent means that eliminates the risks of

introduction of micro-organisms (e.g. viruses, bacteria, yeasts,

fungi) to native flora and fauna.

9. The deliberate introduction of non-sterile soil into the Antarctic

Treaty area is prohibited. Parties should, to the maximum extent

practicable, ensure that non-sterile soil is not unintentionally

imported into the Antarctic Treaty area.

ARTICLE 5

INFORMATION

Each Party shall make publicly available information on prohibited

activities and Specially Protected Species to all those persons

present in or intending to enter the Antarctic Treaty area with a

view to ensuring that such persons understand and observe the

provisions of this Annex.

ARTICLE 6

EXCHANGE OF INFORMATION

1. The Parties shall make arrangements for:

(a) collecting and annually exchanging records (including

records of permits) and statistics concerning the numbers or

quantities of each species of native mammal, bird, plant or

invertebrate taken in the Antarctic Treaty area; and

(b) obtaining and exchanging information as to the status of

native mammals, birds, plants, and invertebrates in the

Antarctic Treaty area, and the extent to which any species or

population needs protection.

2. As early as possible, after the end of each austral summer season,

but in all cases before 1 October of each year, the Parties shall

inform the other Parties as well as the Committee of any step taken

pursuant to paragraph 1 above and of the number and nature of

permits issued under this Annex in the preceding period of 1 April

to 31 March.

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Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010 17

ARTICLE 7

RELATIONSHIP WITH OTHER AGREEMENTS OUTSIDE THE

ANTARCTIC TREATY SYSTEM

Nothing in this Annex shall derogate from the rights and

obligations of Parties under the International Convention for the

Regulation of Whaling.

ARTICLE 8

REVIEW

The Parties shall keep under continuing review measures for the

conservation of Antarctic fauna and flora, taking into account any

recommendations from the Committee.

ARTICLE 9

AMENDMENT OR MODIFICATION

1. This Annex may be amended or modified by a measure adopted in

accordance with Article IX (1) of the Antarctic Treaty. Unless the

measure specifies otherwise, the amendment or modification shall

be deemed to have been approved, and shall become effective, one

year after the close of the Antarctic Treaty Consultative Meeting at

which it was adopted, unless one or more of the Antarctic Treaty

Consultative Parties notifies the Depositary, within that time

period, that it wishes an extension of that period or that it is unable

to approve the measure.

2. Any amendment or modification of this Annex which becomes

effective in accordance with paragraph 1 above shall thereafter

become effective as to any other Party when notice of approval by

it has been received by the Depositary.

APPENDICES TO THE ANNEX

APPENDIX A:

SPECIALLY PROTECTED SPECIES

Ommatophoca rossii, Ross Seal.

Schedule 1 Implementation of amendments to Annex II of the Madrid Protocol

Part 2 Application and transitional

18 Antarctic Treaty (Environment Protection) Amendment Bill 2010 No. , 2010

Part 2--Application and transitional

33 Application and transitional provisions

(1)

The amendments made by items 6 to 17 apply to permits issued on or

after the commencement of this Schedule.

(2)

The amendments made by items 20, 21, 23, 24, 25, 26, 27, 28 and 29

apply to acts done on or after the commencement of this Schedule.

(3)

The amendment made by item 22 applies to acts done wholly on or after

the commencement of this Schedule.

(4)

To avoid doubt:

(a) if an action is done in accordance with a permit or recognised

foreign authority issued before the commencement of this

Schedule, section 19 of the Antarctic Treaty (Environment

Protection) Act 1980 (whether as in force before or after the

commencement of this Schedule) does not apply to that

action; and

(b) if a permit issued before the commencement of this Schedule

refers to the taking of a native invertebrate or a native plant,

that term has a meaning unaffected by the amendment made

by item 3 of this Schedule.

(5)

The amendment made by item 30 applies to:

(a) to the extent that the amendment relates to the insertion of

section 19AC into the Antarctic Treaty (Environment

Protection) Act 1980--bringing an organism or article into

the Antarctic on or after the commencement of this Schedule;

and

(b) to the extent that the amendment relates to the insertion of

section 19AD into that Act--bringing an organism or bird

product into the Antarctic on or after the commencement of

this Schedule; and

section 19AE into that Act--any organism that is brought

into, kept or continues to be kept in the Antarctic on or after

the commencement of this Schedule.

(6)

Despite the amendment made by item 31, regulations in force under

section 29 of the Antarctic Treaty (Environment Protection) Act 1980

immediately before the commencement of this Schedule continue in

Commonwealth of Australia Bills

ANTARCTIC TREATY (ENVIRONMENT PROTECTION) AMENDMENT BILL 2010