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Environment Management Regulations On Activities in the Antarctica

 

February 8, 2018 

 

 

Article 1  The Environment Management Regulations on Activities in the Antarctica (Hereinafter “the Regulations”) is developed for the protection of Antarctic environment and eco-system in safeguard and promotion of safe and orderly development of Antarctic activities of China, in pursuance with the Antarctic Treaty, the Protocol on Environmental Protection to the Antarctic Treaty, and the Convention for the Conservation of Antarctic Marine Living Resources.

 

Article 2  The Regulations shall be applicable to all Chinese citizens, legal entities, and any other organizations that organize Antarctic expeditions from the territories of the People’s Republic of China.

 

Article 3  Meanings of the following terms used in the Regulations:

3.1    The Antarctica refers to the region south of 60o Latitude, including all ice shelves and air space thereof;

3.2    Antarctic activities refer to all activities undertaken in the Antarctica, including inspection, tourism, expeditions, cultural and education activities, sports, fishery, and transportations;

3.3    Organizers of Antarctic activities refer to citizens, legal entities and other organizations that organize Antarctic activities from the territories of the People’s Republic of China;

3.4    Participants of Antarctic Activities refer to citizens who participate in Antarctic activities applicable to the provisions of the Regulations.

3.5    Special Areas of the Antarctic refer to areas which are subject to special management requirements in line with the Antarctic Treaty System, including Antarctic Specially Protected Areas and Antarctic Special Management Areas, etc..

 

Article 4  The State Oceanic Administration shall be responsible for the regulatory undertakings for environment protection of Antarctic activities, and fulfilling the obligations to report to relevant international organizations as provided in the Antarctic Treaty System.

                  

              The State Oceanic Administration shall undertake its regulatory obligations as per Decree No. 412 of the State Council.

  

Article 5  Organizers and participants of Antarctic activities shall adopt necessary measures in the protection of the Antarctic environment and ecosystem, minimizing impacts on and damage of the Antarctic environment and ecosystem resulting from such activities.

 

              Organizers and participants of Antarctic activities shall bear all the expenses of potential affairs associated with logistic support, S&R, medication, and evacuation, etc. In the event of pollution or damage of the Antarctic environment or relevant historical monument, the organizers and participants thereof shall bear all expenses incurred for cleaning-up and restoration.

  

Article 6  Applications for Antarctic activities shall subject to, as per the requirements of environment impact assessment for Antarctic activities, compilation and submission of environment impact assessment reports in Chinese and English languages to the State Oceanic Administration. The State Oceanic Administration shall provide training program following acceptance of the reports.

                  

              The State Oceanic Administration shall develop area-specific aggregate activity volume control regime in light of carrying capacity of the natural and ecological environment of the Antarctic.

                    

Article 7   Organizers and participants of Antarctic activities shall be prohibited from undertaking the following activities:

7.1   introduction or disposal of radiological waste, or other toxic or hazardous substance, or potential contaminants; introduction of non-Antarctic indigenous flora, fauna, or microorganism;

7.2   collection or carrying out aerolite, rock, soil, or fossil;

7.3   hunting or acquiring complete or partial specimen of Antarctic mammal, birds, invertebrate, or fauna, or any other activities which may result in harmful disturbance to Antarctic flora and fauna;

7.4   access to Antarctic Specially Protected Areas or other areas to which access is denied by the State Oceanic Administration due to safety and environment considerations;

7.5   building man-made construction;

7.6   other activities which may result in damage of Antarctic environment and ecosystem.

 

Activities for the purposes of Antarctic scientific studies, logistic support to scientific studies, providing specimen and living bodies for cultural and education, etc. nonetheless, can be undertaken subject to application to and upon approval by the State Oceanic Administration in accordance with the Regulations of Administrative Permit for Antarctic Expeditions and the Service Guide of Approval Items for the Antarctic and Arctic Expeditions.

 

Article 8  Antarctic activities shall subject to categorized waste management, without littering at random, and records of eventual disposal. Wastes shall subject to management of specialized waste managers. Wastes shall be removed beyond the Antarctic on departure; irremovable wastes shall be disposed in incinerators and solid remnant thereof shall be removed beyond the Antarctic.

 

              Waste sorting, removal and incineration shall be undertaken in reference of the Protocol on Environmental Protection to the Antarctic Treaty and the Annex thereof, and relevant requirements of China.

 

Article 9  Vessels voyaging in the Antarctic shall be in compliance with relevant international conventions which China has concluded or entered in, as well as relevant provisions of laws and regulations of China.

 

Article 10 Aerocrafts, including UAS, participating in Antarctic activities, shall be in compliance with relevant international conventions which China has concluded or entered in, as well as relevant provisions of laws and regulations of China, by taking-off, landing, and aviating in line with approved locations and routes, and taking effective measures in prevention of unnecessary disturbance or damage to the flora and fauna, environment and ecosystem of the Antarctic.

 

              Aerocrafts, including UAS, which take off or landing inside Specially Protected Areas or aviate over the space thereof, shall subject to special permit of the State Oceanic Administration.

 

Article 11 Access to other special Antarctic areas beyond Specially Protected Areas shall subject to compliance with the management plans or conservation measures thereof.

 

              The State Oceanic Administration shall be responsible for promulgating information relevant to special Antarctic areas.

 

Article 12 Visits to the Antarctic stations of China, in safeguard of orderly undertaking of Antarctic scientific studies, shall subject to prior consent of the State Oceanic Administration. Organizers of Antarctic activities shall notify the Antarctic stations in 24-72 hours prior to arrival. Should stations encounter ad hoc circumstances and consequently become inconvenient to receive the visits, stations may consult the organizers to reschedule or cancel the visits.

 

              Participants of Antarctic activities, in the course of visit to the Antarctic stations or facilities, shall act in line with relevant requirements of the State Oceanic Administration and the stations, shall not constitute disturbance to scientific study activities, shall not access to work places without permit, shall not move or damage research devices or markers, and shall not use camp site or articles for scientific inspections in a non-emergency circumstance.

 

              Visits to stations of other countries shall proceed in accordance with relevant requirements of corresponding countries.

 

Article 13 Organizers of Antarctic activities or participants may, in the following emergency circumstances, take necessary emergency response measures without acquiring approval, in the meanwhile minimize the damage thereof to the Antarctic environment and ecosystem, and report to the State Oceanic Administration or its designated Antarctic Supervisor in a timely manner:

              13.1 Personnel, vessels and aerocrafts in danger which requires emergency aid;

              13.2 Major device, equipment and facility under safety threat;

              13.3 Environment emergency.

 

              The organizers of Antarctic activities or the participants may, in emergency circumstances, use emergency asylums. The organizers or participants, in the event to use equipment or material in the emergency asylum, shall notify the nearest station or competent department of the country concerned through the team leader or designated responsible personnel upon completion of emergency, and replenish corresponding supply as much as possible.

 

Article 14 Organizers of Antarctic activities shall provide education to participants, prior to undertaking of Antarctic activities, on knowledge of Antarctic environment and ecosystem protection, including the provisions of the Regulations and relevant legal and regulatory provisions.

 

Article 15 Organizers of Antarctic activities shall appoint competent team leaders to the participants. The team leaders shall be in possession of adequate experience of Antarctic activities and eco-protection knowledge, and shall guide and supervise participants to observe the Regulations.

 

Article 16 Organizers of Antarctic activities shall, within 30 days following the completion of Antarctic activities, submit Antarctic activity report to the State Oceanic Administration. The report shall include the following substance:

                   16.1 Complete itinerary of the Antarctic activities;

16.2 Date and location of disembark in the Antarctic, along with number of participants of each disembark;

                   16.3 Activities following disembark;

                   16.4 Information of vehicle names and nationality, etc. used in the activities;

16.5 Major impacts on the Antarctic environment and ecosystem which were not projected in environment impact assessment report;

                   16.6 Emergency and counter-measures adopted;

                   16.7 Other substance which deserves reporting.

  

Article 17 The State Oceanic Administration shall, in line with legal provisions and compliance with the Regulations, dispatch Antarctic Activity Supervisors to undertake supervision and inspection over Antarctic activities. The State Oceanic Administration may dispatch the supervisors to undertake inspections as entourage with the activities, where the organizers shall undertake cooperation in such circumstances.

 

Article 18 In the event of violating provisions of the Regulations, the State Oceanic Administration shall keep the facts of violation in record in light of specific circumstance, and include the correspondent organizers or participants in the negative list, restricting them from undertaking further activities in 1-3 years.

 

              The State Oceanic Administration shall establish information sharing regime and environment protection management coordination regime for Antarctic activities, undertaking timely reporting to competent departments of the State Council as to the negatively listed organizers or participants of Antarctic activities, and shall hand over illegal or incompliant organizers or participants to competent department to bring to justice.

 

 Article 19The Regulations shall become effect as of the date of promulgation.

 

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