Antarctic Minerals Act 1989

Exploration and exploitation

1 General prohibition

(1) Except as provided by section 2 below, a person to whom this section applies shall not carry on in Antarctica any activities for, or for purposes connected with, the exploration or exploitation of mineral resources.

(2) This section applies to United Kingdom nationals, Scottish firms, and bodies incorporated under the law of any part of the United Kingdom.

(3) Her Majesty may by Order in Council extend the application of this section to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.

(4) In this Act—

• “Antarctica” means the following areas—

  (a)

  the continent of Antarctica (including all its ice shelves);

  (b)

  all Antarctic islands, that is to say, islands south of 60° South Latitude; and

  (c)

  all areas of continental shelf which are adjacent to that continent or those islands,

  and for this purpose “continental shelf” shall be construed in accordance with the rules of international law;

• “mineral resource” means any natural resource which is neither living nor renewable;

• “United Kingdom national” means an individual who is—

  (a)

  a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

  (b)

  a person who under the [1981 c. 61.] British Nationality Act 1981 is a British subject; or

  (c)

  a British protected person within the meaning of that Act.

2 Exception for prospecting activities

(1) Section 1 above does not apply to any activities which are carried on in Antarctica by any person for, or for purposes connected with, the identification of suitable areas for the further exploration or the exploitation of mineral resources (in this Act referred to as “prospecting activities”) if—

(a) he is authorised to carry on those activities by a licence granted under section 3 below or by an authorisation granted under the corresponding law of another Contracting State; or

(b) he is an agent or employee of (or an employee of an agent of) a person so authorised, the Crown or another Contracting State and is acting in accordance with the terms of his agency or employment.

(2) In this Act—

• “the Commission” means the Antarctic Mineral Resources Commission established in pursuance of Article 18 of the Convention;

• “Contracting State” means a State which is a party to the Convention;

• “the Convention” means the Convention on the Regulation of Antarctic Mineral Resource Activities done at Wellington on 2nd June 1988;

• “the Crown” means the Crown in right of Her Majesty’s Government in the United Kingdom;

• “prospecting activities” includes field observations, geological, geochemical and geophysical investigations, the use of remote sensing techniques and the collection of samples, but does not include—

  (a)

  drilling to depths exceeding 25 metres or such other depth as the Commission may determine for particular circumstances; or

  (b)

  dredging or excavation otherwise than for the purpose of obtaining small-scale samples.

(3) For the purposes of this Act persons in the service of the Crown shall be taken to be employees of the Crown whether or not they would be so taken apart from this subsection.