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Regulations of Administrative Permit for Antarctic Expeditions

 

May 30, 2014 

 

Chapter 1                  General Provisions

 

Article 1 The Regulations is developed in accordance with the Administrative Permit Law of the People’s Republic of China and the State Council Decree No. 412, in a view to standardizing the conduct of administrative permit for Antarctic expeditions of China, fulfilling the rights and obligations as set forth in the Antarctic Treaty system, and ensuring orderly undertaking of Antarctic expeditions.

 

Article 2 Antarctic expeditions referred in the Regulations means relevant activities undertaken for purposes of scientific studies in the region south to 60 degrees south latitude, including all ice shelf thereof.

 

Article 3 Citizens, legal entities or other organizations shall apply for permit from the national maritime administrative department in event of undertaking Antarctic expeditions in relation with the following circumstances:

                  

(1).    Taking along non-indigenous organisms of the Antarctic, including animals, plants or microorganisms, except for food;

(2).    Activities of hunting mammals, birds or invertebrates, picking or collecting plants, and any other activities which may disturb local flora and fauna;

(3).    Collection of Antarctic meteorolite;

(4).    Activities inside ASPAs;

(5).    Building artificial constructions in the Antarctic;

(6).    Other activities which may impair the Antarctic environment and ecosystem;

 

Article 4  The Regulations shall apply to the exercises of application, acceptance, review, approval and supervisory administration of Antarctic expeditions as set forth in Article 3 of the Regulations.

 

Article 5  Review and approval of the applications for Antarctic expeditions shall be undertaken based on the principles of openness, fairness, justice, convenience and efficiency.

 

Article 6  Aggregate volume of Antarctic expeditions shall subject to control in pursuance of the principles of science, feasibility, sustainability, environmentally friendliness, and ecological balance.

 

Article 7  Citizens, legal entities or other organizations shall be entitled to the rights to statement and defense, vis-à-vis the expedition activities as set forth in Article 3 of the Regulations, as well as the rights to applying for administrative review or administrative proceedings.

 

Article 8  Any organization and individual are entitled to reporting of any violation of the Regulations, where the administrative department shall undertake verification and disposal in a timely manner.

 

Chapter 2    Application and acceptance

 

Article 9        The national maritime administrative department shall be responsible for review and approval of expedition activities as stated in Article 3 of the Regulations. Chinese Arctic and Antarctic Administration of the State Oceanic Administration of China shall undertake specific tasks thereof.

 

Article 10      The national maritime administrative department shall provide public notification in its government website with the following contents of relevant administrative permit vis-à-vis expedition activities as set forth in Article 3 of the Regulations.

 

(1).    Subject matters, basis and procedure of administrative permit for Antarctic expeditions;

(2).    List of all documentation which applicants shall submit;

(3).    Name of the office responsible for review and approval for Antarctic expeditions, and mailing address, phone number and supervisory phone number thereof.

 

The national maritime administrative department shall provide explanation and interpretation to the content of public notification as per request of applicants.

 

Article 11      Citizens, legal entities or other organizations, prior to undertaking Antarctic expeditions as set forth in Article 3 of the Regulations, shall submit applications to the national maritime administrative department, and shall be accountable for the authenticity of the contents and shall bear corresponding legal accountabilities thereof. Application documentation shall include the following contents:

 

(1).    Title of the expedition;

(2).    Applicant’s information;

(3).    Program of expedition (including, objectives, cycle, route, area, activities, vehicles, and in-situ logistic support capabilities, etc.);

(4).    List of bring-along articles;

(5).    Assessment of potential environment impact of the expedition;

(6).    Emergency response plan;

(7).    Name list and identity material of expeditioners;

(8).    Health certifications of expeditions;

(9).    Antarctic expeditions with self-supported vessels or aircrafts are subject to the provision of photocopies of corresponding certificates and insurance contracts; Antarctic expeditions with leased vessels or aircrafts shall subject to the provision of lessee’s contracts or letters of commitment.

 

Article 12      Environment impact assessment shall include the following contents:

(1).    Time, area, route, and summary of activities in the Antarctic;

(2).    Alternative program of activities and impacts thereof;

(3).    Potential direct and cumulative impacts of activities on the Antarctic environment or ecology of collected flora and fauna;

(4).    Preventive and mitigating measures and technical argumentations thereof;

(5).    Conclusion.

 

Article 13      Where activities may result in minor or transitory impacts on the Antarctic environment and ecosystem, preliminary environment impact assessment report shall be required and reviewed by the national maritime administrative department;

 

                     Where activities may result in impacts beyond minor or transitory impacts, comprehensive environment impact assessment report shall be required, and shall be forwarded to ATCM for deliberation.

 

Article 14      Applicants shall submit, as of April 1-30 of each year, applications for Antarctic expeditions as set forth in Article 3 of the Regulations proposed for the period of June 1 of the same year until May 31 of the subsequent year.

 

Article 15      The national maritime administrative department shall process the applications for expeditions as set forth in Article 3 of the Regulations per the following circumstances:

 

(1).    Where the subject matter of the application shall not subject to review and approval, immediate notification of non-acceptance shall be issued to the applicant thereof;

(2).    Where the subject matter of application shall not fall into the terms of reference of the national maritime administrative department, immediate decision of non-acceptance shall be made and notification be issued to the applicant thereof notifying that the application shall be submitted to relevant national administrative department;

(3).    Where application document contains error which can be corrected on-site, the applicant thereof may make corrections and re-submit on-site, except for errors in relation to material technical substance;

(4).    Where application document is incomplete or does not conform to statutory format, notification shall be issued to the applicant there of, on-site or within five days, elaborating all material which shall be supplemented or corrected. Failure of notification as such beyond the timeline thereof shall be deemed as accepted as of the date of receipt of the application document. Supplementary or corrected material thereof shall be submitted within five days following the date of notification issuance. Where supplementary or corrected material remains in inconformity with relevant requirements, the national maritime administrative department may require for continued supplementation or correction.

(5).    Where application document is complete and conforms to statutory format, or supplementary or corrected material is submitted as per requirement, administrative permit application thereof shall be accepted.

 

Article 16      The national maritime administrative department shall issue notification in writing with specialized official seal affixed and date of issuance vis-à-vis acceptance or non-acceptance of the applications for Antarctic expeditions as set forth in Article 3 of the Regulations.

 

Article 17      The applicant may request in writing to withdraw the application for Antarctic expeditions as set forth in Article 3 of the Regulations following the issuance of acceptance and prior to the determination of administrative permit; In the event of request for withdrawal, the national maritime administrative department shall terminate the review process and issue corresponding notification to the applicant thereof.

 

Article 18      The applicant shall, prior departure for the Antarctic, submit application for alteration to the national maritime administrative department for in one of the following items:

 

(1).    Starting or ending time of the expedition;

(2).    Name list of the expeditioners and fundamental information thereof;

(3).    Vehicles;

(4).    List of bring-along articles.

 

Article 19      Re-application shall apply in one of the following circumstances:

 

(1).    Alteration of purposes, content or anticipated goals;

(2).    Alteration of routes in the Antarctic;

(3).    Activities beyond the timeline as approved;

(4).    Alteration of other major matters.

 

Chapter 3    Review and Decision

 

Article 20      The national maritime administrative department may delegate to professional institutions or experts to undertake review, evaluation or testing, and to provide reports of review, evaluation or testing thereof, in events involving professional expertise or technical issues which require such review, evaluation or testing, and which administrative review decisions shall be made on the basis of reports of such review, evaluation or testing per law.

 

Article 21      The national maritime administrative department shall, following acceptance of relevant application, organize experts to undertake comprehensive evaluation and argumentation depending on the circumstances, and make decisions of administrative permit thereof.

 

Article 22      Administrative permit certificates shall be issued to approved Antarctic expeditions as set forth in Article 3 of the Regulations; notification in writing shall be issued to applicants where proposed expeditions are not granted with approval.

 

Article 23      Administrative permit certificate shall include the following contents:

 

(1).    Information of expeditioners thereof;

(2).    Areas approved for expedition thereof;

(3).    Expedition activities as approved;

(4).    Obligations thereof;

(5).    Period of validity;

(6).    Authority, date and number of approval.

 

The administrative certificate shall be carried by the expeditioners in the course of expedition as set forth in Article 3 of the Regulations.

 

Article 24      The national maritime administrative department shall not grant administrative permit in one of the following circumstances:

 

(1).    Where the applicant bears no capacity or limited capacity of civil conduct, or the applicant be a legal entity or other organization where the legal representative thereof bears no capacity or limited capacity of civil conduct;

(2).    Where the proposed Antarctic expedition constitutes violation of the provisions of the Antarctic Treaty system;

(3).    Where the expedition may cause major damage to the Antarctic environment or ecosystem;

(4).    Where subsequent Antarctic expeditions are restricted per law as a result of previous violation of relevant provisions of the Antarctic Treaty system;

(5).    Other circumstances restricted by laws and regulations.

 

Chapter 4   Supervision

 

Article 25      The citizens, legal persons or other organizations concerned shall, upon completion of the expedition as set forth in Article 3 of the Regulations, complete expedition report and submit to the national maritime administrative department within 30 days.

 

                     The expedition report shall include the following contents:

 

(1).    Summary of expedition activities;

(2).    Illustration on article disposal where activities as set forth in Section (1) of Article 3 of the Regulations were undertaken;

(3).    Illustration on the activities as set forth in Section (2), (3), (4) and (5) of Article 3 of the Regulations should such activities have be undertaken;

(4).    Environment impact and mitigating measures thereof;

(5).    Other circumstances which shall be illustrated.

 

Article 26      Expeditioners may, in event of the following emergency circumstances, adopt necessary emergency measures without prior approval. Should such circumstances involve activities as set forth in Article 3 of the Regulations, every effort shall be made to minimize the damage to the Antarctic environment and ecosystem, and report shall be delivered to the national maritime administrative department or supervisory personnel.

 

(1).    Where personnel, vessels and aircrafts are in danger and require emergency assistance;

(2).    Where important equipment, devices and facilities are under safety threat;

(3).    Antarctic environment emergencies.

 

Expeditioners shall, within 30 days following the completion of the emergency measures, submit report in detail to the national maritime administrative department.

 

Article 27      The national maritime administrative department shall establish and improve administrative permit regime, and undertake supervisory inspections to expeditions as set forth in Article 3 of the Regulations and permit receivers.

 

Article 28      The national maritime administrative department, in event of issuance of administrative permit certificate in violation of relevant stipulations by its own staff to expeditions as set forth in Article 3 of the Regulations, shall undertake rectification immediately.

 

Article 29      The national maritime administrative department, in the course of fulfilling its on-site supervisory obligations in the Antarctic, may adopt the following measures:

 

(1).    Inspection of specimen collected from the Antarctic;

(2).    Inspection of facilities, equipment, vehicles, vessels, and aircrafts used in the Antarctic, and records thereof, and matters in relation to the preservation of the Antarctic environment and ecosystem;

(3).    Checking the administrative permit certificate;

(4).    Requiring inspectees to illustrate the compliance status with this Regulations;

(5).    Requiring inspectees to suspend any conduct in violation of the Regulations and fulfill statutory obligations.

 

Article 30      Supervisory inspection personnel shall, in the course of fulfilling obligations, demonstrate valid work identity certificate thereof, put in record inspection situation and solutions, and keep in file with signatures.

 

                      Inspectees shall cooperate with inspectors in the course of inspections.

 

Article 31      The national maritime administrative department shall issue a warning to the applicant that obtained permit certificate for expeditions as set forth in Article 3 of the Regulations through improper means as defraud or bribery, and shall revoke the permit certificate thereof; Where expedition is already underway in the Antarctic, orders shall be issued to halt the activities thereof and leave the Antarctic within required deadline.

 

Chapter 5    Annex

 

Article 32      The dates as mentioned in the Regulations refer to working days and do not include public holidays.

 

Article 33      The Regulations shall subject to interpretation by the national maritime administrative department and shall become effect as of the date of promulgation.

 

 

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