NO. 60 OF 1996: ANTARCTIC TREATIES ACT, 1996
PRESIDENT'S OFFICE
No. 1760.
1 November 1996
NO. 60 OF 1996: ANTARCTIC TREATIES ACT, 1996
It is hereby notified that the President has assented to the following Act
which is hereby published for general information:-
ACT
To provide for the application of certain treaties relating to Antarctica;
and to provide for matters connected therewith.
(English text signed by the President.)
(Assented to 24 October 1996.)
BE IT ENACTED by the Parliament of the Republic of South Africa, a
follows:-
Definitions
1. In this Act, unless the context indicates otherwise-
(i) "Antarctica" means the area to which a particular treaty applies; (i)
(ii) "Contracting Party" means a Contracting Party to any treaty, and
"another Contracting Party" means a "Contracting Party" other than
the Government of the Republic; (v)
(iii) "Department" means the Department of Environmental Affairs and
Tourism; (ii)
(iv) "Director-General" means the Director-General: Environmental Affairs
and Tourism; (iii)
(v) "Minister" means the Minister of Environmental Affairs and Tourism;
(vi)
(vi) "regulation" means any regulation made under; this Act, (vii)
(vii) "this Act" includes the regulations; (iv)
(viii) "treaty" means an international agreement (howsoever described)
relating to Antarctica which in terms of this Act and the
Constitution forms part of the law of South Africa and which is
mentioned in Schedule 1, and includes any annexure to such
international agreement. (viii)
Application of Act
2. This Act shall apply in Antarctica to-
(a) a South African citizen;
(b) a person who is not a South African citizen, but who is ordinarily
resident in the Republic, except if that person is-
(i) on board any ship, vessel or aircraft that is operating, whether
exclusively or not, in support of any expedition organised by the
government of another Contracting Party; or$
(ii) a citizen of another Contracting Party, while that person is in any
part of Antarctica for the purpose of exercising his or her
functions, whether as an inspector, observer or other official or
exchange scientist contemplated in a treaty;
(c) a citizen of another Contracting Party, if immunity of that person has
been waived by that Party;
(d) any person, whether a South African citizen or not, who is a member of
or is responsible for organising an expedition which has been organised
in the Republic to visit Antarctica, but not an expedition organised by
the government of another Contracting Party;
(e) companies, close corporations, or other juristic persons registered
as such under the laws of the Republic, operating or using any ship,
vessel or aircraft registered in the Republic.
Application and publication of treaty
3. (1) Subject to this Act, the treaties mentioned in Schedule I shall form
part of the law of the Republic.
(2) The Minister shall, as soon as practicable after the promulgation of
this Act, cause to be published in the Gazette the texts of the treaties
mentioned in Schedule 1.
(3) The Minister may by notice in the Gazette amend Schedule 1 to reflect
the number and date of a Gazette in which the treaties were published.
Powers of Minister where Antarctic environment is damaged, endangered or
detrimentally affected
4. (1) If any person to whom this Act applies performs any activity or
fails to perform any activity in contravention of a treaty as a result of
which the Antarctic environment is or may be seriously damaged, endangered or
detrimentally affected, the Minister may in writing direct that person, within
a period specified in the direction-
(a) to cease that activity; or
(b) to take such steps as the Minister may deem fit with a view to
eliminating, reducing or preventing the damage, danger or detrimental
effect.
(2) The Minister may in writing direct the person referred to in subsection
(1) to perform any activity or function, at the expense of that person, with a
view to repairing or rehabilitating any damage caused to the Antarctic
environment.
(3) If the person referred to in subsection (2) refuses or fails to comply
with the direction of the Minister, the Minister may take the necessary steps
in order to repair or rehabilitate the damage, and the Minister may authorise
any person to take all steps required for that purpose.
(4) The Minister may recover any expenditure incurred in the performance of
any function contemplated in subsection (3) from the person who refused or
failed to comply with a direction under subsection (2).
(5) This section also applies, with the necessary changes, to acts relating
to animals and plants in Antarctica.
Inspectors, observers and other officials
5. (1) The Minister may-
(a) subject to the Public Service Act, 1994 (Proclamation No. 103 of
1994), designate posts in the Department, the incumbents of which shall
be inspectors, observers or other officials contemplated in any treaty;
(b) by notice in the Gazette and with the concurrence of the Minister of
Defence designate a particular rank or ranks in the South African Navy,
the incumbents of which shall be inspectors, observers or other
officials contemplated in any treaty; and
(c) by notice in the Gazette designate any other person as an inspector,
observer or other official contemplated in any treaty.
(2) The incumbent of any post or rank designated under subsection (1)(a)
and (b), as well as any person designated under subsection (1)(c), shall be
furnished by the Director-General, or any other officer designated by the
Director-General for that purpose, with an identity card prescribed by
regulation, and whenever the incumbent or designated person exercises any
power or performs any duty in terms of this Act or any treaty, he or she
shall, at the request of any person affected thereby, produce that identity
card to that person for inspection.
Regulations
6. (1) The Minister may make regulations with regard to-
(a) the qualifications and functions of persons applying this Act or a
treaty, including a person authorised in terms of section 4(3) and the
incumbent of a post or rank or any other person designated in terms of
section 5(1);
(b) the issuing of permits contemplated in any treaty; and
(c) generally, any matter which may be necessary or expedient to prescribe
in order to achieve the objects of this Act or any treaty.
(2) A regulation made under subsection (1), may provide that any person
contravening a provision thereof or failing to comply with a provision
thereof, shall be guilty of an offence and liable on conviction to a fine or
to imprisonment for a period not exceeding five years.
Delegation
7. The Minister may on such conditions as he or she may deem fit, delegate
or assign any power or duty conferred upon or assigned to him or her by this
Act, excluding the power to make regulations, to any officer or employee of
the Department.
Jurisdiction
8. For the purposes of the application of this Act, Antarctica shall be
deemed to be situated within the magisterial district of Cape Town.
Offences
9. Any person who contravenes a provision of a treaty mentioned in Column I
of Schedule 2 shall, subject to the particular treaty, be guilty of an offence
and on conviction liable to a fine or to imprisonment for a period not
exceeding the period mentioned in Column 2 of that Schedule opposite the
number of that provision.
Saving
10. Nothing in this Act shall affect the rights or the exercise of the
rights of any country under international law with regard to the high seas
within Antarctica.
Application of Act to Prince Edward Islands
11. Where, by virtue of the definition of "Antarctica", a treaty is
applicable to the Prince Edward Islands, referred to in section I of the
Prince Edward Islands Act, 1948 (Act No. 43 of 1948), this Act shall also
apply to those islands.
Application of Act in event of conflict with certain other laws
12. In the event of any conflict between the provisions of this Act and
those of the Prince Edwards Islands Act, 1948 (Act No. 43 of 1948), the South
African Citizens in Antarctica Act, 1962 (Act No. 55 of 1962), the Sea Birds
and Seals Protection Act, 1973 (Act No. 46 of 1973), the Sea Fishery Act,
1988 (Act No. 12 of 1988), and the Maritime Zones Act, 1994 (Act No. 15 of
1994), the provisions of this Act shall prevail.
State bound
13. This Act shall bind the State except in so for as criminal liability
is concerned.
Short title
14. (1) This Act shall be called the Antarctic Treaties Act, 1996, and
shall come into operation on a date fixed by the President by proclamation in
the Gazette.
(2) The date contemplated in subsection (1) shall be a date after the
publication of the treaties in terms of section 3(2).
SCHEDULE 1
I Antarctic Treaty
II Protocol on Environmental Protection to the Antarctic Treaty
III Convention for the Conservation of Antarctic Seals
IV Convention on the Conservation of Antarctic Marine Living Resources
SCHEDULE 2
________________________________________________________________________________
Column 1 |Column 2
_____________________________________________________________________|_________
I. Antarctic Treaty |
|
(a) Article I (Use of Antarctica for purposes other than peaceful|Five years
purposes) |
|
(b) Article V (Nuclear explosions and disposal of radioactive |Twenty
waste material) |years
_____________________________________________________________________|__________
II. 1. Protocol on Environmental Protection to the Antarctic Treaty |
|
(a) Article 3 (Activities damaging the Antarctic environment) |Two years
|
(b) Article 7 (Mineral resource activities) |Five years
_____________________________________________________________________|__________
2. Annex II to the Protocol on Environmental Protection to the |
Antarctic Treaty: Conservation of Antarctic Fauna and Flora |
|
(a) Article 3 (Taking of or harmful interference with animals or |One year
plants) |
|
(b) Article 4 (Introducing foreign animals or plants into Antarc-|Two years
tica) |
_____________________________________________________________________|__________
3. Annex III to the Protocol on Environmental Protection to the |
Antarctic Treaty: Waste Disposal and Waste Management |
|
(a) Articles 2 to 6 (Disposal or storage of waste) |One year
|
(b) Article 7 (Introducing a prohibited product in Antarctica) |One year
_____________________________________________________________________|__________
4. Annex IV to Le Protocol on Environmental Protection to the |
Antarctic Treaty: Prevention of Marine Pollution |
|
(a) Article 3 (Discharge of oil or oily mixture into the sea) |Five years
|
(b) Article 4 (Discharge of noxious liquid or chemical substance |Five years
into the sea) |
|
(c) Article 5 (Disposal of garbage into the sea) |Two years
|
(d) Article 6 (Discharge of sewage into the sea) |Two years
_____________________________________________________________________|__________
5. Annex V to Le Protocol on Environmental Protection to the |
Antarctic Treaty: Area Protection and Management |
|
(a) Article 3 (Entry into Antarctic Specially Protected Area) |One year
|
(b) Article 8 (Damaging, removing or destroying a historic site |Two years
or monument) |
_____________________________________________________________________|__________
III Convention Or the Conservation of Antarctic Seals |
|
(a) Article 2 (Capturing or killing of seals) |Two years
_____________________________________________________________________|__________
IV Convention on the Conservation of Antarctic Marine Living |
Resources |
|
(a) Article II (Harvesting of marine living resources) |Five years
_____________________________________________________________________|__________