Antarctic Treaties Act

1. In this Act, unless the context indicates otherwise- (i) "Antarctica" means the area to whicha particular treaty applies; (i) (ii) "Contracting Party" means a Contracting Party to any treaty, and "another Contracting Party~· means a "Contracting Party" other than the Government ofthe Republic; (v) · (iii)· "Department" means the Department of Environmental Affairs and Tourism; · · 00 (iv) "Director-General" means the Director-General: Environmental Affairs and Tourism; (iii) (v) "Minister" means the Minister of Environmental Affairs and Tourisrq; (vi) (vi) "regu~atibn" me~s any fegulation:m~qe unaer this Act;' (vii) (vii) "this Act" includes the regulations; (iv} (viii) "treaty" means an international agreement (howsoever described) relating to Antarctica which in terms of this Act and the Constitution forms part of the law of South Africa and which is mentioned in Schedule 1, and includes any annexure to such international agreement. (viii) Application of Act 2. this Act shall apply in Antarctica to- (a) a South African citizen; (b) a person who is not a South African citizen, but who is ordinarily resident in 5 10 15 20 the Republic, except if that person is- (i) _on board any. ship, vessel or aircraft that. is .. operating, ,_whether 25 exclusively or not, in support of any expedition organised by the government_ of another Contracting Party; or ... _ . (ii) a citizen of another Contracting Party, while' that person is in any part of Antarctica for the purpose of exercising his 01: her functions, whether as an inspector, observer or other official or exchange scientist contem- 30 pl~t_ed in a treaty; · (c) a citizen of another Contracting Party, if immunity of that person has been waived by that Party; (d) __ any person, whether a South African citizen or not. who is a member of or is responsible for organising an expedition which has been organised in the 35 · Republic to visit Antarctica,, but- not:· an expedition organised by the government, of another Contracting Party; , (e) 'companie's;'close corporations or other juristic persons registered as 'such ·under_ the laws of the Republic •. operating or using any ship; vessel or aircnut registered iri the Republic. 40 Application and 'publication of treaty 3. ( 1) Subject to this Act, the treaties mentioned in Schedule 1 shall form part of the law of the Republic. 4 No.-17536 GOVERNMENTGAZETIE,1 NOVEMBER 1996 Act No. 60, 1996 ANTARCTIC TREATIES ACT, 1996 (2) The Minister shall, as soon as practicable after the promulgation of this Act, cause to be published in the Gazette the texts of the treaties mentioned in Schedule I. (3) The Minister may by notice in the Gazette amend Schedule 1 to reflect the number and date of a Gazette in which the treaties were published. ' .. - Powers of Minister where Antarctic environment is damaged, endangered or detrimentally affected 5 ,, 4. (I) If any person to whom this Act applies performs any activity or fails to perform any activity in contravention of a treaty as a result of which the Antarctic environment is or may be seriously damaged, endangered or detrimentally affected, the Minister may in writing direct that person, within a period specified in the direction- I 0 (a) (b) to cease that activity; or to take such steps as the Minister may deem fit with a view to eliminating, reducing or preventing the damage, danger or detrimental effect. (2) The Minister may in writing direct the person referred to in subsection (I) to perform any activity or function, at the expense of that person, with a view to repairing 15 or rehabilitating any damage caused to the Antarctic environment. (3) If the person referred to in subsection (2) refuses or fails to comply with the direction of the Minister, the Minister may take the necessary steps in order to repair or rehabilitate the damage, and the Minister may authorise any person to take all steps required for that purpose._ .. ·. . . . . . _ . . ·. . . · - · · . · (4) The Minister may recover any expenditure incurred in the performance of any function contemplated in subsection (3) from the person who refused or failed to comply · with a direction under subsection (2). · (5) This section also applies, with the necessary changes, to acts relating to animals · and plants in Antarctica. . · · · · · · · · 20 25 Inspectors, ~bserver5 and other officiais 5. (1) The Minister may- . . . (a) subject to the Public Service. Act, 1994 (Proclamation No. 103 of 1994), designate posts in the Department, the incumbents of which shall be inspectors, observers or other offiCials contemplated in any treaty; .. 30 . (b)' by notice in the Gazette and with the concurrence of the Minister of Defence designate a particular nink or ranks in the South African Navy, the incumbents of which shall be inspectors, observers or other officials contemplated in any treaty; and - (c) by notice in the Gazette designate any other person as an inspector, observer 35 or other official contemplated in any treaty. . . (2) The incumbent of any post or rank designated under subsection (J)(a) and (b), as well as any person designated under subsection (!)(c), shall be furnished by the Director-General, or any other. officer designated_ by the Director-General for that purpose, with an identity card prescribed by regulation, and whenever the incumbent or 40 designated person exercises any power or performs any duty in terms of this Act or any treaty, he or she shall, at the request of any person affected thereby, produce that identity c<lfd to. that person for inspection. · Regulations . 6. (I) Th~ Minlster may make 'regulations with regard to-- 45 (a). the qualifications and functions of persons applying· this Act or a treaty, including a person authorised interms of section 4(3) and the incumbent of a . post or rank or any other person designated in terms of section 5(1 ); the issuing' of permits contemplated in any treaty; and ·(b) (c) 'generally, any matter which may benecessary or expedient to prescribe in 50 · · ·order to achieve the objects of this Act or any treaty. - (2) A regulation made under subsection (I), may provide that any person contravening a provision thereof or failing to comply with a provision thereof, shall be guilty of an 6 No. 17536 Act No. 60, 1?96 GOVERNMENT GAZETIE, I NOVEMBER 1996 ANTARCTIC TREATIES ACf, 1996 offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years. Delegation

7. The Minister may on such conditions as he or she may deem fit, delegate or assign any power or duty conferred upon or assigned to him or her by this Act, excluding the power to make regulations, to any officer or employee of the Department. 5 Jurisdiction . M. ror the purposes of the application of this Act, Antarctica shall be deemed to be situated within the magisterial district of Cape Town. Offences . 9. Any person who contravenes a provision of a treaty mentioned in Column I of Schedule 2 shall, subject to .the particular treaty, be guilty of an offence and on conviction liable to a fine or to imprisonment for a period not exceeding the period mentioned in Column 2 of that Schedule opposite the number of that provision. Saving 10 15

10. Nothing in this Act shall affect the rights or the exercise of the rights of any country under international law with regard to the high seas within Antarctica. Application of Act to Prince Edward Islands · ll. Where, by virtue of the definition of "Antarctica", a treaty is applicable to the Prince Edward Islands, referred to in section I of the Prince Edward Islands Act, 1948 20 (Act No. 43 of 1948), this Act shall also apply to those islands. Application of Act in event of conflict with certain other laws · 12. In the event of any conflict between the provisions of this Act and those of the Prince Edwards Islands Act, 1948 (Act No. 43 of 1948), the South African Citizens in Antarctica Act, 1962 (Act No. 55 of 1962), the Sea Birds and Seals Protection Act, 1973 25 (Act No. 46 of 1973), the Sea Fishery Act, 1988 (Act No. 12 of 1988). and the Maritime Zones Act; 1994 (Act No. 15 of 1994), the provisions of this Act shall prevail. State bound

13. This Act shall bind the State except in so far as criminal liability is concerned. Short title 30 14. (1) This Act shall be ca1led the Antarctic Treaties Act, 1996, and shall come into operation on a date fixed by the President by proclamation in the Gazette. · · . (2) The date contemplated in subsection ( 1) shall be a date after the publication of the treaties in terms of section 3(2). · · · 8 No. 17536 Act No. 60, 1996· GOVERNMENTGAzmiTE,1NOVEMBER1~6 · ANTARCilCTREATIESACf, 1996 SCHEDULE 1 I Antarctic Treaty · II Protocol on Environmental Protection to the Antarctic Treaty III Convention for the Conservation of Antarctic Seals IV; Convention on the. ~onservation of Antru;ctic.Mar!ne Living Resources . •.· ~r·_~ :' · · .. ... ~: ·.r SCHEDULE2 Column2 Column 1 I. (a) Antarctic Treaty .. Article I (Useof Antarctica for purposes other than peaceful Five years ·purposes) · '· ' ·· · · · ' · · · ··· ·' · · . · (b) Article V (Nuclear explosions and disposal of radioactive Twenty years . ·. waste material) ' J • · ' - • • ~ ll. I. Protocol on Environmental Protection to the Antarctic .. ' Treaty fa) ' Article 3 (Activities damaging the Antarctic environment) . Two years Fi~·eyeani·: (b) 2. AiticteHMirie~~Ires~iii:c'e dctivhi~~j' :. Annex II to the Protocol on Environmental Protection to the Antarctic Treaty: Conservation of Antarctic Fauna and Flora .· · ., ~, ', · ·•· (a) Article 3 (Taking of or harmful interference with animals or One year ; ; . · · (b)'; 'ArtiCle 4 (IntroduCing forei'gn animals or plants into' Antarc· Two years .. ·plants) 3. tica) Annex III to the Protocol on Environmental Protection to the Antarctic Treaty: Waste Disposaland Waste Management (a) . • Arti_cles 2 to 6 (Disposal or storage of waste) r-' · · .• ;; (b) 4. .. Article 7 (Introducing a prohibited productiri Antarctica) -·Annex W to the Protocol on Environmental Protection to the ' Antarctic Treaty: Prevention of Marine Pollution Article 3 (Discharge of 9il or oily mixture into the sea).. Article 4 (Di~chai-g~· ~f n~~i~u~ iiqutd ()~ ~heinicaJ. ~ubstance .. , .. · into the sea)_ . ,, ... , . .. (c) : 'Article 5 (Disposal of garbage into the sea) (d) · Article 6 (Discharge of sewage into the sea) 5. ·' Annex V to the Protocol on Environmental Protection to the (a) (b) ' · Antarciic Treaty: Area Protection and Ma~agement · (a) (b) Article 3 (Entry into A~tarctic Spec.ially Protected Area) Article 8 (Damaging, removing or destroying a historic site or monument) III ·. Convention for the Conservation of Antarctic Seals ' · ' (a) Article 2 (Capturing or killing of seals) IV Convention on the Conservation of Antarctic Marine One year One year: · Five.years. Five years Two years Two years ' I One year Two years Two years Living Resources . Article II (H~esting of marine living resources). (a) - . i Five ye..3!s