Antarctic Act 2013

16 Conservation of animals and plants

(1) The Antarctic Act 1994 is amended as follows.

(2) In section 7 (conservation of Antarctic fauna and flora), in subsection (1)(e), after “native plant” insert “or native invertebrate”.

(3) In that section, after subsection (1) insert—

“(1A) Accidental harm occurring in the course of—

(a) normal operations of a vessel, or

(b) the activity of fishing for profit,

shall not be regarded as a contravention of subsection (1)(e), (f) or (g).”

(4) In section 8 (permits required for introducing non-native animals and plants) for subsection (2) substitute—

“(2) The keeping of—

(a) a recognised assistance dog on board a vessel in Antarctica,

(b) another animal on board such a vessel where the vessel is travelling to an immediate destination outside Antarctica, or

(c) a plant on board a vessel in Antarctica,

shall not be regarded as a contravention of subsection (1).”

(5) In that section, at the end insert—

“(4) Nothing in this section prohibits the introduction of a microscopic organism.

(5) In this section—

• “plant” means any terrestrial, marine or freshwater vegetation, including bryophytes, lichen, fungi and algae, and includes such vegetation at any stage of its life cycle (including seeds and other propagules of such vegetation);

• “recognised assistance dog” means a dog which has been trained to assist a disabled person by a person, or a person of a description, prescribed in regulations.”

(6) After that section insert—

“8A Introduction of microscopic organisms

(1) No United Kingdom national, and no non-national on a British expedition, may introduce into any part of Antarctica any microscopic organism of a species which is not indigenous to Antarctica, except in accordance with a permit granted under section 12 or under written authorisation of another Contracting Party.

(2) Subsection (1) does not apply to a person if the person took reasonable precautions to prevent the introduction of the organism.

(3) Subsection (1) does not apply in relation to an organism inhabiting the human body or the body of an animal.

(4) Any person who contravenes subsection (1) shall be guilty of an offence.”

(7) In section 12 (grant of permits for activities prohibited by sections 7, 8 and 9)—

(a) in the heading, for “sections 7, 8 and 9” substitute “sections 7 to 9”;

(b) after “8(1)” insert “, 8A(1)”.

(8) After section 8A (as inserted by subsection (6) above) insert—

“8B Introduction of non-sterile soil

(1) No United Kingdom national, and no non-national on a British expedition, may introduce non-sterile soil into any part of Antarctica.

(2) Subsection (1) does not apply to a person if the person took reasonable precautions to prevent the introduction of the non-sterile soil.

(3) Any person who contravenes subsection (1) shall be guilty of an offence.”

(9) In section 31 (interpretation), in subsection (1)—

(a) in the definitions of “native bird” and “native mammal” omit “or occurring there seasonally through natural migrations”;

(b) in the definition of “native invertebrate” after “terrestrial” insert “, marine”;

(c) in the definition of “native plant” after “terrestrial” insert “, marine”.

(10) In that section, after subsection (1) insert—

“(1A) In this Act, references to a species “indigenous to Antarctica” include a species occurring in Antarctica through natural migration.”