Part 1Environmental emergencies

Preparatory measures

5Duty to take preventative measures and make contingency plan

(1)This section applies to a person organising activities to be carried out in Antarctica, where the activities are connected with the United Kingdom.

(2)The person must take reasonable preventative measures designed to reduce—

(a)the risk of environmental emergencies arising from those activities, and

(b)the potential adverse impact of such environmental emergencies.

(3)Preventative measures under subsection (2) may, for example, include—

(a)specialised structures or equipment incorporated into the design and construction of facilities and means of transport;

(b)specialised procedures for the operation or maintenance of facilities and means of transport;

(c)specialised training.

(4)The person must also make a contingency plan for responding to—

(a)environmental emergencies which result from or affect the carrying on of the activities, and

(b)other incidents with a potential adverse impact on the environment of Antarctica which result from or affect the carrying on of the activities.

(5)A contingency plan under subsection (4) may, for example, include—

(a)in the case of an environmental emergency, plans for taking response action (see section 1) and informing the Secretary of State (see section 7);

(b)in the case of another incident, plans for taking steps in response to the incident and informing the Secretary of State of it.

(6)The duties in subsections (2) and (4) must be complied with by the time when any of the persons by whom the activities are to be carried out enters Antarctica.

(7)A person who fails to comply with subsection (2) by the time specified in subsection (6) is guilty of an offence.

(8)A person who fails to comply with subsection (4) by the time specified in subsection (6) is guilty of an offence.

(9)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.