Antarctic Minerals Act 1989
An Act to make provision with respect to the exploration and exploitation of mineral resources in Antarctica; to enable proceedings with respect to matters arising under the law of the British Antarctic Territory to be brought in England and Wales; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Exploration and exploitation
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Licensing of prospecting activities
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Other controls
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Criminal and civil liability
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British Antarctic Territory
14 Jurisdiction with respect to proceedings under territorial law.
(1)
Her Majesty may by Order in Council confer on any court in England and Wales such criminal or civil jurisdiction (whether original or appellate) in respect of matters arising under the law of the British Antarctic Territory (in this section referred to as “the territory”) as Her Majesty thinks fit.
(2)
An Order in Council under this section may make such provision as Her Majesty thinks fit with respect to, or for purposes connected with, the exercise of any jurisdiction conferred by the Order on any court, including in particular provision—
(a)
as to procedure, the attendance of witnesses and the production of documents; and
(b)
as to the enforcement and execution of, and appeals from, any judgment, decree, order or sentence of the court.
(3)
Without prejudice to the generality of subsection (2) above, an Order in Council under this section which confers criminal jurisdiction may make provision for any of the following matters, that is to say—
(a)
the conveyance in custody of any person suspected of committing an offence under the law of the territory to any place in England and Wales where he can be tried for that offence;
(b)
the seizure and detention of any article which may be evidence of such an offence and its conveyance to any place in England and Wales where a person charged with that offence can be tried; and
(c)
the arrest, in any part of the United Kingdom, of any person suspected of committing such an offence.
(4)
This section shall have effect without prejudice—
(a)
to any other powers of Her Majesty;
(b)
to the jurisdiction, apart from this section, of any court (whether in the territory, any part of the United Kingdom or elsewhere) in respect of anything arising under the law of the territory.
(5)
No recommendation shall be made to Her Majesty to make an Order in Council under this section unless a draft of the Order has been laid before and approved by a resolution of each House of Parliament.
Supplemental
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20 Short title, commencement and extent.
(1)
This Act may be cited as the Antarctic Minerals Act 1989.
(2)
This Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed under this subsection for different purposes.
(3)
Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such modifications (if any) as may be specified in the Order, to the Channel Islands, the Isle of Man or any colony.
(4)
It is hereby declared that this Act extends to Northern Ireland.
F19SCHEDULE
PART I PROVISIONS OF THE CONVENTION HAVING EFFECT OF LAW
Article 8(2)
An Operator shall be strictly liable for:
- (a)
damage to the Antarctic environment or dependent or associated ecosystems arising from its Antarctic mineral resource activities, including payment in the event that there has been no restoration of thestatus quo ante;
- (b)
loss of or impairment to an established use, as referred to in Article 15, or loss of or impairment to an established use of dependent or associated ecosystems, arising directly out of damage described in sub-paragraph (a) above;
- (c)
loss of or damage to property of a third party or loss of life or personal injury of a third party arising directly out of damage described in sub-paragraph (a) above;
- (d)
reimbursement of reasonable costs by whomsoever incurred relating to necessary response action, including prevention, containment, clean up and removal measures, and action taken to restore thestatus quo antewhere Antarctic mineral resource activities undertaken by that Operator result in or threaten to result in damage to the Antarctic environment or dependent or associated ecosystems.
Article 8(4)
An Operator shall not be liable pursuant to paragraph 2 above if it proves that the damage has been caused directly by, and to the extent that it has been caused directly by:
- (a)
an event constituting in the circumstances of Antarctica a natural disaster of an exceptional character which could not reasonably have been foreseen; or
- (b)
armed conflict, should it occur notwithstanding the Antarctic Treaty, or an act of terrorism directed against the activities of the Operator, against which no reasonable precautionary measures could have been effective.
Article 8(6)
If an Operator proves that damage has been caused totally or in part by an intentional or grossly negligent act or omission of the party seeking redress, that Operator may be relieved totally or in part from its obligation to pay compensation in respect of the damage suffered by such party.
Article 8(12)
When compensation has been paid other than under this Convention liability under this Convention shall be offset by the amount of such payment.
Part II PROVISIONS FOR CONSTRUING THE PROVISIONS SET OUT IN PART I
Article 1(15)
“Damage to the Antarctic environment or dependent or associated ecosystems” means any impact on the living or non-living components of that environment or those ecosystems, including harm to atmospheric, marine or terrestrial life, beyond that which is negligible or which has been assessed and judged to be acceptable pursuant to the Convention.
Article 15(1)
Decisions about Antarctic mineral resource activities shall take into account the need to respect other established uses of Antarctica, including:
- (a)
the operation of stations and their associated installations, support facilities and equipment in Antarctica;
- (b)
scientific investigation in Antarctica and cooperation therein;
- (c)
the conservation, including rational use, of Antarctic marine living resources;
- (d)
tourism;
- (e)
the preservation of historic monuments; and
- (f)
navigation and aviation,
that are consistent with the Antarctic Treaty system.