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Antarctic Treaty Act 1967

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This is the original version (as it was originally enacted).

Schedule 1THE ANTARCTIC TREATY

The Governments of Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America,

Recognising that it is in the interest of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord ;

Acknowledging the substantial contributions to scientific knowledge resulting from international co-operation in scientific investigation in Antarctica ;

Convinced that the establishment of a firm foundation for the continuation and development of such co-operation on the basis of freedom of scientific investigation in Antarctica as applied during the International Geophysical Year accords with the interests of science and the progress of all mankind ;

Convinced also that a treaty ensuring the use of Antarctica for peaceful purposes only and the continuance of international harmony in Antarctica will further the purposes and principles embodied in the Charter of the United Nations ;

Have agreed as follows:

Article I

1The present Treaty shall be subject to ratification by the signatory States. It shall be open for accession by any State which is a Member of the United Nations, or by any other State which may be invited to accede to the Treaty with the consent of all the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX of the Treaty.

(a)information regarding plans for scientific programmes in Antarctica shall be exchanged to permit maximum economy and efficiency of operations ;

(b)scientific personnel shall be exchanged in Antarctica between expeditions and stations ;

(c)scientific observations and results from Antarctica shall be exchanged and made freely available.

(a)a renunciation by any Contracting Party of previously asserted rights of or claims to territorial sovereignty in Antarctica;

(b)a renunciation or diminution by any Contracting Party of any basis of claim to territorial sovereignty in Antarctica which it may have whether as a result of its activities or those of its nationals in Antarctica, or otherwise;

(c)prejudicing the position of any Contracting Party as regards its recognition or non-recognition of any other State's right of or claim or basis of claim to territorial sovereignty in Antarctica.

(a)use of Antarctica for peaceful purposes only ;

(b)facilitation of scientific research in Antarctica ;

(c)facilitation of international scientific co-operation in Antarctica ;

(d)facilitation of the exercise of the rights of inspection provided for in Article VII of the Treaty ;

(e)questions relating to the exercise of jurisdiction in Antarctica;

(f)preservation and conservation of living resources in Antarctica.

(b)Such modification or amendment shall thereafter enter into-force as to any other Contracting Party when notice of ratification by it has been received by the depositary Government. Any such Contracting Party from which no notice of ratification is received within a period of two years from the date of entry into force of the modification or amendment in accordance with the provisions of sub-paragraph 1 (a) of this Article shall be deemed to have withdrawn from the present Treaty on the date of the expiration of such period.

2Ratification of or accession to the present Treaty shall be effected by each State in accordance with its constitutional processes.

(b)Any modification or amendment to the present Treaty which is approved at such a Conference by a majority of the Contracting Parties there represented, including a majority of those whose representatives are entitled to participate in the meetings provided for under Article IX, shall be communicated by the depositary Government to all the Contracting Parties immediately after the termination of the Conference and shall enter into force in accordance with the provisions of paragraph 1 of the present Article.

(c)If any such modification or amendment has not entered into force in accordance with the provisions of sub-paragraph 1 (a) of this Article within a period of two years after the date of its communication to all the Contracting Parties, any Contracting Party may at any time after the expiration of that period give notice to the depositary Government of its withdrawal from the present Treaty; and such withdrawal shall take effect two years after the receipt of the notice by the depositary Government. Article XIII

3Instruments of ratification and instruments of accession shall be deposited with the Government of the United States of America, hereby designated as the depositary Government.

4The depositary Government shall inform all signatory and acceding States of the date of each deposit of an instrument of ratification or accession, and the date of entry into force of the Treaty and of any modification or amendment thereto.

5Upon the deposit of instruments of ratification by all the signatory States, the present Treaty shall enter into force for those States and for States which have deposited instruments of accession. Thereafter the Treaty shall enter into force for any acceding State upon the deposit of its instrument of accession.

(a)all expeditions to and within Antarctica, on the part of its ships or nationals, and all expeditions to Antarctica organized in or proceeding from its territory;

(b)all stations in Antarctica occupied by its nationals ; and

(c)any military personnel or equipment intended to be introduced by it into Antarctica subject to the conditions prescribed in paragraph 2 of Article I of the present Treaty. Article VIII

6The present Treaty shall be registered by the depositary Government pursuant to Article 102 of the Charter of the United Nations. Article XIV The present Treaty, done in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited in the archives of the Government of the United States of America, which shall transmit duly certified copies thereof to the Governments of the signatory and acceding States.

Schedule 2AGREED MEASURES FOR THE CONSERVATION OF ANTARCTIC FAUNA AND FLORA

PREAMBLE The Governments participating in the Third Consultative Meeting under Article IX of the Antarctic Treaty,

Desiring to implement the principles and purposes of the Antarctic Treaty ;

Recognising the scientific importance of the study of Antarctic fauna and flora, their adaptation to their rigorous environment, and their inter-relationship with that environment;

Considering the unique nature of these fauna and flora, their circum-polar range, and particularly their defencelessness and susceptibility to extermination ;

Desiring by further international collaboration within the framework of the Antarctic Treaty to promote and achieve the objectives of protection, scientific study, and rational use of these fauna and flora ; and

Having particular regard to the conservation principles developed by the Scientific Committee on Antarctic Research (SCAR) of the International Council of Scientific Unions ;

Hereby consider the Treaty Area as a Special Conservation Area and have agreed on the following measures :

Article I

[Species recommended for inclusion in this Annex in pursuance of Article IX(1) of the Antarctic Treaty[Areas recommended for inclusion in this Annex in pursuance of Article IX(1) of the Antarctic Treaty

3Ardery Island and Odbert Island, Budd Coast. Lat. 66° 22' S., Long. 110° 28' E. and Lat. 66° 22' S., Long 110° 33' E.

(a)" Native mammal" means any member, at any stage of its life cycle, of any species belonging to the Class Mammalia indigenous to the Antarctic or occurring there through natural agencies of dispersal, excepting whales.

(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 or occurring there through natural agencies of dispersal.

(c)" Native plant " means any kind of vegetation at any stage of its life cycle (including seeds), indigenous to the Antarctic or occurring there through natural agencies of dispersal.

(d)" Appropriate authority " means any person authorised by a Participating Government to issue permits under these Agreed Measures.

(e)" Permit " means a formal permission in writing issued by an appropriate authority.

(f)" Participating Government" means any Government for which these Agreed Measures have become effective in accordance with Article XIII of these Agreed Measures. Article III Each participating Government shall take appropriate action to carry out these Agreed Measures. Article IV The Participating Governments shall prepare and circulate to members of expeditions and stations information to ensure understanding and observance of the provisions of these Agreed Measures, setting forth in particular prohibited activities, and providing lists of specially protected species and specially protected areas. Article V The provisions of these Agreed Measures shall not apply in cases of extreme emergency involving possible loss of human life or involving the safety of ships or aircraft. Article VI

4Sabrina Island, Balleny Islands. Lat. 66° 54' S., Long. 163° 20' E.

(a)no more native mammals or birds are killed or taken in any year than can normally be replaced by natural reproduction in the following breeding season ;

(b)the variety of species and the balance of the natural ecological systems existing within the Treaty Area are maintained.

(a)it was issued for a compelling scientific purpose which cannot be served elsewhere ; and

(b)the actions permitted thereunder will not jeopardise the natural ecological system existing in that Area. Article IX

5Beaufort Island, Ross Sea. Lat. 76° 58' S., Long. 167° 03' E.

6Cape Crozier, Ross Island. Lat. 77° 32' S., Long. 169° 19' E.

7Cape Hallett, Victoria Land. Lat. 72° 18' S., Long. 170° 19' E.

(a)it is issued for a compelling scientific purpose, and

(b)the actions permitted thereunder will not jeopardise the existing natural ecological system or the survival of that species. Article VII

8Dion Islands, Marguerite Bay, Antarctic Peninsula. Lat. 67° 52' S., Long. 68° 43' W.

9Green Island, Berthelot Islands, Antarctic Peninsula. Lat. 65° 19' S., Long. 64° 10' W.

10Byers Peninsula, Livingston Island, South Shetland Islands. Lat. 62° 38' S., Long. 61° 05' W.

11Cape Shirreff, Livingston Island, South Shetland Islands. Lat. 62° 28' S., Long. 60° 48' W.

12Fildes Peninsula, King George Island, South Shetland Islands. Lat. 62° 12' S., Long. 58° 58' W.

13Moe Island, South Orkney Islands. Lat. 60° 45' S., Long. 45° 41' W.

14Lynch Island, South Orkney Islands. Lat. 60° 40' S., Long. 45° 38' W.

15Southern Powell Island and adjacent islands, South Orkney Islands. Lat. 60" 45' S., Long. 45" 02' W.] Annex C Importation of animals and plants The following animals and plants may be imported into the Treaty Area in accordance with permits issued under Article IX (2) of these Agreed Measures:

(a)sledge dogs,

(b)domestic animals and plants,

(c)laboratory animals and plants. Annex D Precautions to prevent accidental introduction of parasites and diseases into the Treaty Area The following precautions shall be taken:

1Dogs: All dogs imported into the Treaty Area shall be innoculated against the following diseases:

(a)the collection and exchange of records (including records of permits) and statistics concerning the numbers of each species of native mammal and bird killed or captured annually in the Treaty Area ;

(b)the obtaining and exchange of information as to the status of native mammals and birds in the Treaty Area, and the extent to which any species needs protection ;

(c)the number of native mammals or birds which should be permitted to be harvested for food, scientific study, or other uses in the various regions ;

(d)the establishment of a common form in which this information shall be submitted by Participating Governments in accordance with paragraph 2 of this Article.

(a)distemper;

(b)contagious canine hepatitis ;

(c)rabies ;

(d)leptospirosis (L. canicola and L. ieterohaemorrhagicae). Each dog shall be inoculated at least two months before the time of its arrival in the Treaty Area.

2Poultry: Notwithstanding the provisions of Article IX (3) of these Agreed Measures, no living poultry shall be brought into the Treaty Area after 1st July, 1966.

(a)to provide indispensable food for men or dogs in the Treaty Area in limited quantities, and in conformity with the purposes and principles of these Agreed Measures ;

(b)to provide specimens for scientific study or scientific information ;

(c)to provide specimens for museums, zoological gardens, or other educational or cultural institutions or uses.

(a)allowing dogs to run free,

(b)flying helicopters or other aircraft in a manner which would unnecessarily disturb bird and seal concentrations, or landing close to such concentrations (e.g. within 200 m.),

(c)driving vehicles unnecessarily close to concentrations of birds and seals (e.g. within 200 m.),

(d)use of explosives close to concentrations of birds and seals,

(e)discharge of firearms close to bird and seal concentrations (e.g. within 300 m.),

(f)any disturbance of bird and seal colonies during the breeding period by persistent attention from persons on foot. However, the above activities, with the exception of those mentioned in (a) and (e) may be permitted to the minimum extent necessary for the establishment, supply and operation of stations.

(a)the collection of any native plant, except in accordance with a permit;

(b)the driving of any vehicle.

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