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Part 1Environmental emergencies

Information

7Duty to inform Secretary of State

(1)Where—

(a)as a result of the carrying out of activities in Antarctica the person who organised them, or any of that person’s employees or agents, becomes aware of any environmental emergency, and

(b)the activities are connected with the United Kingdom,

the person organising the activities must promptly inform the Secretary of State about the environmental emergency.

(2)It is immaterial for the purposes of subsection (1) whether the activities gave rise to the emergency.

(3)A person who fails to comply with subsection (1) is guilty of an offence.

(4)A person is not guilty of an offence under this section if the person informed the Secretary of State as soon as was practicable in all the circumstances.

(5)A person who is guilty of an offence under this section is liable—

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction to a fine not exceeding the statutory maximum.

8Secretary of State’s power to require information

(1)This section applies where—

(a)it appears to the Secretary of State that activities carried out in Antarctica have given rise directly or indirectly to—

(i)an environmental emergency, or

(ii)an incident with a potential adverse impact on the environment of Antarctica, and

(b)the activities are connected with the United Kingdom.

(2)The Secretary of State may give a notice to the person organising the activities—

(a)specifying the emergency or incident,

(b)requiring the person to give such information as may be specified in the notice about the emergency or incident and any steps taken in response, and

(c)requiring the person to give that information within the period specified in the notice.

(3)A person to whom a notice is given under subsection (2) must comply with the notice within the period specified in it.

(4)A person who fails to comply with subsection (3) is guilty of an offence.

(5)A person is not guilty of an offence under this section if that person did not have the information required and could not reasonably have been expected to obtain it.

(6)A person who is guilty of an offence under this section is liable—

(a)on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction to a fine not exceeding the statutory maximum.

(7)Information given by a person pursuant to a notice under this section may not be used in evidence against the person in any criminal proceedings.