Prospective
(1)A person organising activities to be carried out in Antarctica must secure adequate insurance cover or other financial security in respect of the matters referred to in subsection (2).
(2)Those matters are—
(a)the cost of taking any response action which the person may be required to take under section 1 in relation to an environmental emergency arising directly or indirectly from the activities organised by the person;
(b)any liability which the person may incur under section 2 or 3 in relation to such an environmental emergency.
(3)The duty in subsection (1) must be complied with by the time when any of the persons by whom the activities are to be carried out enters Antarctica.
(4)For the purposes of subsection (1), cover or security is not adequate if it is subject to any limitation, exception or exclusion which makes it fundamentally deficient for the purposes of providing the cover referred to in that subsection.
(5)In particular, any cover or security required for the purposes of subsection (2)(b) is not adequate if it does not extend up to the limits referred to in the Schedule which are applicable in the particular case.
(6)A person who fails to comply with subsection (1) by the time specified in subsection (3) is guilty of an offence.
(7)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.
(8)Subsection (1) does not apply to—
(a)the Crown, or
(b)another Party to Annex VI or a contractor, sub-contractor or agent of such a party.