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Antarctic Act 2013

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This is the original version (as it was originally enacted).

Duty to take response action

1Duty to take response action

(1)Where—

(a)activities carried out in Antarctica directly or indirectly give rise to an environmental emergency, and

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

the person who organised the activities must take reasonable, prompt and effective response action.

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

(3)A person who is guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.

(4)In determining the amount of a fine under subsection (3) the court must take into account the desirability of securing that the person pays by way of fine an amount at least equivalent to the costs specified in subsection (5) (to the extent that those costs have not been (and are not likely to be) recovered from the person under section 2 or 3).

(5)The costs referred to in subsection (4) are the costs that the person would have incurred had the person taken reasonable, prompt and effective response action.

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