Commonwealth Numbered Acts Commonwealth Numbered ActsAntarctic Treaty (Environment Protection) Act 1980
1 Subsection 3(1)
Insert:
"non-State operator" means a person who is not a Contracting Party to the Treaty.
2 Subsection 3(1)
Insert:
"safety approval" means a safety approval granted under section 13AC.
3 After Part 3
Insert:
The following is a simplified outline of this Part:
This Part deals with safety approvals.
A non-State operator may apply for a safety approval in relation to an activity (other than a mining activity) to be carried on in the Antarctic.
The Minister may grant the approval if the Minister is satisfied that the operator has or will have certain contingency plans, and insurance or other arrangements, in relation to the activity.
Mandatory conditions relating to those matters are imposed on all safety approvals and those conditions cannot be varied or revoked. The Minister may also impose further conditions on a safety approval, and may vary or revoke those conditions.
If the Minister is satisfied that it is necessary to do so, the Minister may vary a safety approval on his or her own initiative or at the request of the holder of the approval.
The Minister may suspend or revoke a safety approval if the Minister is satisfied that there has been non-compliance with the conditions imposed on the approval or that the suspension or revocation is appropriate in all the circumstances.
The Minister must cause a register of safety approvals to be kept.
Division 2 -- Obtaining a safety approval
13AB Application for safety approval
(1) A non-State operator may apply to the Minister for a safety approval in relation to an activity (other than a mining activity) that is to be carried on in the Antarctic.
(2) The application must be in the form approved, in writing, by the Minister.
Request for further information
(3) The Minister may, by written notice, request the applicant to give the Minister, within the period specified in the notice, further information in relation to the application.
(4) If:
(a) a request is made under subsection (3); and
(b) the applicant does not give the requested information within the period specified in the notice;
the Minister may refuse to grant the safety approval under section 13AC.
Withdrawal of application
(5) An applicant may, by written notice given to the Minister, withdraw the application at any time before the Minister makes a decision on the application.
(1) If a non-State operator applies for a safety approval under section 13AB in relation to an activity, the Minister may grant the approval.
(2) The Minister must not grant the approval unless the Minister is satisfied that:
(a) the operator has an appropriate contingency plan, and sufficient arrangements, for health and safety, search and rescue, and medical care and evacuation in relation to the activity; and
(b) the operator has or will have adequate insurance, or other arrangements, that will cover any costs associated with search and rescue, and medical care and evacuation, in relation to the activity.
Notice of grant
(1) If the Minister grants a non-State operator a safety approval under section 13AC in relation to an activity, the Minister must give written notice of the decision to the operator.
(2) The notice must set out:
(a) the name of the operator; and
(b) the nature of the activity; and
(c) the conditions imposed under section 13AE; and
(d) any other conditions imposed under section 13AF at the time of the grant; and
(e) any other matters relating to the approval that the Minister considers appropriate.
Notice of refusal
(3) If the Minister refuses to grant a non-State operator a safety approval under section 13AC, the Minister must give the person written notice of the decision and the reasons for the decision.
Division 3 -- Conditions of safety approvals
If the Minister grants a non-State operator a safety approval under section 13AC in relation to an activity, the following conditions are imposed on the approval:
(a) a condition that the operator must have an appropriate contingency plan, and sufficient arrangements, for health and safety, search and rescue, and medical care and evacuation in relation to the activity;
(b) a condition that the operator must have adequate insurance, or other arrangements, that will cover any costs associated with search and rescue, and medical care and evacuation, in relation to the activity.
13AF Imposition, variation and revocation of conditions
(1) Subject to subsection (5), the Minister may at any time:
(a) impose conditions, or additional conditions, on a safety approval; or
(b) vary or revoke conditions imposed on a safety approval (other than the conditions imposed under section 13AE).
(2) The Minister's power under subsection (1) may be exercised:
(a) on the Minister's own initiative; or
(b) at the request of the holder of a safety approval.
Request that condition be imposed etc.
(3) The holder of a safety approval may request the Minister to impose a condition on, or to vary or revoke a condition imposed on, the approval.
(4) The request must be made in writing and set out the reasons for the making of the request.
(5) If a request is made under subsection (3), the Minister must not impose a condition on, or vary or revoke a condition imposed on, the safety approval unless the Minister is satisfied that the reasons set out in the request justify the imposition, variation or revocation.
Notice of decision etc.
(6) If the Minister imposes a condition on, or varies or revokes a condition imposed on, a safety approval after it is granted:
(a) the Minister must give the holder of the approval written notice of the imposition, variation or revocation; and
(b) the imposition, variation or revocation takes effect on the day specified in the notice (which must be at least 5 days after the day on which the notice is given).
(7) If:
(a) the holder of a safety approval makes a request under subsection (3); and
(b) the Minister refuses to comply with the request;
the Minister must give the holder written notice of the decision and the reasons for the decision.
Division 4 -- Variation, suspension and revocation of safety approvals
13AG Variation of safety approval
Variation on Minister's own initiative
(1) The Minister may, on the Minister's own initiative, vary a safety approval if the Minister is satisfied that it is necessary to do so.
Request for variation
(2) The holder of a safety approval may request the Minister to vary the approval.
(3) The request must be made in writing and set out the reasons for the making of the request.
(4) If a request is made under subsection (2), the Minister may vary the safety approval if the Minister is satisfied that the reasons set out in the request justify the variation.
Notice of decision etc.
(5) If a safety approval is varied under subsection (1) or (4):
(a) the Minister must give the holder of the approval written notice of the variation; and
(b) the variation takes effect on the day specified in the notice (which must be at least 5 days after the day on which the notice is given).
(6) If:
(a) the holder of a safety approval makes a request under subsection (2); and
(b) the Minister refuses to comply with the request;
the Minister must give the holder written notice of the decision and the reasons for the decision.
13AH Suspension or revocation of safety approval
(1) The Minister may, by written notice given to the holder of a safety approval, suspend or revoke the approval if:
(a) the Minister is satisfied that a condition imposed on the approval has not been, or is not being, complied with; or
(b) the Minister considers the suspension or revocation is appropriate in all the circumstances.
When suspension or revocation takes effect
(2) If a safety approval is suspended or revoked under subsection (1), the suspension or revocation takes effect on the day specified in the notice (which must be at least 5 days after the day on which the notice is given).
Period of suspension etc.
(3) If a safety approval is suspended under subsection (1), the notice must specify the period of suspension (which must not be longer than 90 days after the day on which the suspension takes effect).
(4) If:
(a) a safety approval in relation to an activity is suspended under subsection (1); and
(b) proceedings relating to either of the following are started while the approval is suspended:
(i) an offence against this Act that relates to the carrying on of the activity;
(ii) a contravention of a civil penalty provision that relates to the carrying on of the activity;
then, despite subsection (3), the period of suspension continues until the proceedings (including any appeal) are completed.
(5) The suspension of a safety approval does not prevent its revocation.
(1) The Minister must cause to be kept a register of safety approvals granted under this Act.
(2) The register must include the following information about a safety approval:
(a) the name of the holder of the approval;
(b) the nature of the activity to which the approval relates;
(c) the conditions imposed on the approval;
(d) any other information prescribed by the regulations.
(3) The register must be kept in electronic form.
(4) The regulations may make provision for, or in relation to, the register.
The regulations may provide for the monitoring of an activity in relation to which a safety approval has been granted.
4 After subsection 28(1A)
Insert:
(1B) Applications may be made to the Administrative Appeals Tribunal for review of the following decisions of the Minister:
(a) a decision under subsection 13AC(1) to refuse to grant a safety approval;
(b) a decision under paragraph 13AF(1)(a) to impose, or to refuse to impose, conditions on a safety approval;
(c) a decision under paragraph 13AF(1)(b) to vary or revoke, or to refuse to vary or revoke, conditions imposed on a safety approval;
(d) a decision under subsection 13AG(1) to vary a safety approval;
(e) a decision under subsection 13AG(4) to refuse to vary a safety approval;
(f) a decision under subsection 13AH(1) to suspend or revoke a safety approval.
5 After paragraph 29(2)(ac)
Insert:
(ad) providing for:
(i) the payment of a fee in the amount, or at the rate, fixed by or calculated under the regulations in respect of the processing of an application for a safety approval, or the grant of the approval; and
(ii) the refund of the fee; and
Antarctic Treaty (Environment Protection) Act 1980
6 After subsection 9(2B)
Insert:
(2C) If a person is a non-State operator, the Minister must not grant the person a permit authorising an activity unless the person holds a safety approval in relation to the activity.
7 Section 13AA (before the last paragraph)
Insert:
A person must not carry on an activity in the Antarctic unless the non-State operator who organises the activity holds a safety approval. The conditions imposed on the approval must be complied with.
8 After Division 4 of Part 3A
Insert:
Division 5 -- Offences etc. relating to safety approvals
13AI Activity must not be carried on without safety approval
(1) A non-State operator contravenes this subsection if:
(a) the operator organises an activity to be carried on in the Antarctic; and
(b) a person carries on the activity at a particular time; and
(c) at that time, the operator does not hold a safety approval in relation to the activity.
(2) A person contravenes this subsection if:
(a) the person carries on an activity in the Antarctic at a particular time; and
(b) the activity was organised by a non-State operator; and
(c) at that time, the operator does not hold a safety approval in relation to the activity.
(3) Subsections (1) and (2) do not apply if:
(a) the activity is 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 non-State operator is authorised to carry on the activity under a law of a Contracting Party.
Offence
(4) A person commits an offence if the person contravenes subsection (1) or (2). The physical elements of the offences are set out in those subsections.
Penalty: Imprisonment for 7 years or 420 penalty units, or both.
Note: The defendant bears an evidential burden in relation to the matters in subsection (3). See subsection 13.3(3) of the Criminal Code .
Civil penalty provision
(5) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 1,000 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
(6) A person who wishes to rely on subsection (3) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.
13AJ Non-compliance with conditions
(1) A non-State operator contravenes this subsection if:
(a) the operator holds a safety approval in relation to an activity; and
(b) a person carries on the activity; and
(c) the conditions imposed on the approval are not complied with.
(2) Subsection (1) does not apply if:
(a) the activity is 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 non-State operator is authorised to carry on the activity under a law of a Contracting Party.
Offence
(3) A non-State operator commits an offence if the operator contravenes subsection (1). The physical elements of the offence are set out in that subsection.
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
Note: The defendant bears an evidential burden in relation to the matters in subsection (2). See subsection 13.3(3) of the Criminal Code .
Civil penalty provision
(4) A non-State operator is liable to a civil penalty if the operator contravenes subsection (1).
Civil penalty: 500 penalty units.
Note: It is not necessary to prove a person's state of mind in proceedings for a contravention of a civil penalty provision, except in limited circumstances (see section 22N).
(5) A non-State operator who wishes to rely on subsection (2) in proceedings for a civil penalty order bears an evidential burden in relation to the matters in that subsection.
9 After subsection 17(4)
Insert:
(4A) An inspector may require any person whom he or she finds carrying on, or whom he or she reasonably suspects of having carried on, an activity in respect of which a non-State operator is required to hold a safety approval to produce:
(a) the approval; or
(b) evidence of the existence and contents of the approval.
Part 3 -- Application provisions
10 Application--pre-commencement applications for a permit
(1) This item applies if:
(a) an application under subsection 9(1) of the Antarctic Treaty (Environment Protection) Act 1980 was made before the commencement of this item; and
(b) the Minister did not make a decision on the application before that commencement.
(2) Subsection 9(2C) of that Act, as inserted by Part 2 of this Schedule, applies in relation to the application.
11 Application--offences etc. relating to safety approvals
Sections 13AI and 13AJ of the Antarctic Treaty (Environment Protection) Act 1980 , as inserted by Part 2 of this Schedule, apply in relation to an activity carried on in the Antarctic after the commencement of this item.