Home > Administrative Regulations on Environment Impact Assessment of Antarctic Expeditions
 
 

Law & Treaty

Antarctic Treaty
Svalbard Treaty
Convention for the Conservation of Antarctic Seals
Convention on the Conservation of Antarctic Marine Living Resources
Protocol on Environmental Protection to the Antarctic Treaty
Regulations of Administrative Permit for Antarctic Expeditions
Environment Management Regulations On Activities in the Antarctica
Regulations of Administrative Permit for Arctic Expedition
Administrative Regulations on Environment Impact Assessment of Antarctic Expeditions
The Management Stipulations of Visits to the Antarctic Stations of China

Administrative Regulations on Environment Impact Assessment of Antarctic Expeditions

 

 May 18, 2017

 

Chapter 1    General Provisions

 

Article 1.    The Administrative Regulations on Environment Impact Assessment of Antarctic Expeditions (hereinafter “the Regulations”) is developed in the view to stringentizing environment management vis-à-vis Antarctic expeditions, preventing Antarctic expeditions from adverse impacts on the Antarctic environment and eco-system, ensuring sound implementation of Antarctic expeditions, fulfilling such international instruments as the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty, in accordance with relevant provisions as set forth in the Decision of the State Council to Set Up Administrative Permit Regime for Administrative Approval Items Necessary to Retain, and the Administrative Permit Regulations of Antarctic Expeditions.

 

Article 2.    The Environment Impact Assessment as referred to in the Regulations means the exercises of analysis, prediction and assessment on the potential impacts of Antarctic expeditions on Antarctic environment and eco-system in a proposed phase of time, and that which provides measures to prevent or mitigate adverse environment impacts thereof.

                     

                      The Antarctic expeditions as referred to in the Regulations means activities of exploration, investigation, survey, observation, monitoring, research, and associated logistic support, in the region south to 60 degrees south latitude, including all the ice shelf thereof, in the purposes of exploration and cognition of the nature and human features.

 

                      Minor or transitory impacts as referred to in the Regulations means those minor or transitory impacts as provided in the Protocol on Environmental Protection to the Antarctic Treaty.

 

Article 3.    Citizens, legal entities or other organizations that intend to organize Antarctic expeditions shall, prior to applying for approval for Antarctic expeditions, undertake environment impact assessment as per provisions of the Regulations.

 

Article 4.    Environment Impact Assessment exercise shall be proceeded in pursuance of the principles of objectiveness, openness and impartiality.

 

Antarctic expeditions shall be undertaken in the principle of minimizing the adverse impacts on the Antarctic environment and eco-system thereof.

 

Article 5.        The state maritime administrative department shall be the centralized management body in respect of the environment impact assessment of Antarctic expeditions, of which the main responsibilities include:

                         

(1)    Formulation of administrative regulations of the environment impact assessment for Antarctic expeditions;

(2)    Formulation and promulgation of contents of document framework, applicable language, and formatting requirements vis-à-vis environment impact assessment of Antarctic expeditions;

(3)    Review, putting into record and reporting to international organizations with the environment impact assessment reports of Antarctic expeditions;

(4)    Supervision, inspection and coordination of administrative procedures vis-à-vis environment impact assessment of Antarctic expeditions;

(5)    Organizing and undertaking scientific studies, international cooperation and technical exchanges vis-à-vis the management of environment impact assessment of Antarctic expeditions;

(6)    Development of index system and standards for the environment impact assessment of Antarctic expeditions;

(7)    Development of basic database of environment impact assessment of Antarctic expeditions. 

 

 

Chapter 2    Documentation of Environment Impact Assessment

 

Article 6.       Citizens, legal entities or other organizations, prior to applying for Antarctic expeditions, shall undertake environment impact assessment vis-à-vis corresponding expedition plans, and fill in complete forms of environment impact assessment in Chinese and English languages.

 

                         On the basis of the conclusions of environment impact assessment form where proposed expedition may result in impacts equivalent or beyond minor or transitory impacts, citizens, legal entities or other organizations thereof shall compile environment impact assessment reports in Chinese and English languages, which are categorized into comprehensive environment impact assessment report and preliminary environment impact assessment depending on the extent of impact on the Antarctic environment resulting from proposed Antarctic expeditions. Where the likely impact on Antarctic environment and associated ecosystem appears minor or transitory, environment impact assessment report shall not be required.

 

Article 7.       Comprehensive environment impact assessment reports shall be required in events of building or retrofitting stations, airports, and docks amongst other large artificial constructions, along with other activities deemed by the national maritime administrative department as impactful to the Antarctic environment and ecosystem to the extent beyond minor or transitory impacts.

 

Article 8.       Comprehensive environment impact assessment reports shall include the following contents:

                        

(1)      Information of personnel or organization accountable for the proposed Antarctic expedition, compiler of the environment impact assessment report and advisory experts, summary of proposed activities and environment impact assessment thereof;

(2)      Expedition plan, including objectives, significance, necessity, time, area, route, content, vehicles, logistic support measures, waste disposal methods, material proposed to carry into Antarctica, and special activities proposed;

(3)      Description of the inception environment of the expedition area;

(4)      Methodology and data of the environment impact assessment report;

(5)      Analysis, prediction and assessment of direct and cumulative impacts on the Antarctic environment as a result of the proposed expedition;

(6)      Analysis, prediction and assessment of indirect impact on the Antarctic environment and scientific studies and other purposes or values;

(7)      Alternative plan of activities and impact thereof;

(8)      Alternative plan in lieu of activities and impact thereof;

(9)      Preventive and mitigating measures and technical argumentation thereof;

(10)  Environment impact monitoring plan;

(11)  Plan of emergency response to environment risks;

(12)  Cognition gap;

(13)  Conclusion.

 

The comprehensive environment impact assessment report may be compiled by the applicant itself or organizations which are competent in compiling environment impact assessment reports of Antarctic expeditions.

 

Article 9.       With exception of the circumstances where comprehensive environment impact assessment reports are required in line with the Administrative Regulations on Environment Impact Assessment of Antarctic Expeditions and Article 7 of the Regulations, preliminary environment impact assessment reports are required for relevant activities undertaken in the Antarctic with minor or transitory impacts to the Antarctic environment.

 

Article 10.     Preliminary environment impact assessment reports shall include the following contents:

                        

(1)    Information of personnel or organization accountable for the proposed Antarctic expedition, compiler of the environment impact assessment report, summary of proposed activities and environment impact assessment thereof;

(2)    Expedition plan, including objectives, significance, necessity, time, area, route, content, vehicles, logistic support measures, waste disposal methods, material proposed to carry into the Antarctic, and special activities proposed, and impact on other scientific studies, local purposes and values;

(3)    Description of the inception environment of the expedition area;

(4)    Analysis, prediction and assessment of direct impact, indirect impact and cumulative impact on the Antarctic environment, description of methodology and data adopted for the environment impact assessment;

(5)    Alternative expedition plan and impact thereof;

(6)    Preventive and mitigating measures and technical argumentation thereof;

(7)    Cognition gap;

(8)    Conclusion.

 

The preliminary environment impact assessment report may be compiled by the applicant itself or organizations which are competent in compiling environment impact assessment reports of Antarctic expeditions.

 

Article 11.     The Chinese version and English version of the environment impact assessment document shall be consistent in description with contents in authenticity and accuracy, which shall be able to objectively reflect actual impacts of the proposed Antarctic expedition on the Antarctic environment and ecosystem. The preventive and mitigating measures shall be authentic and feasible.

 

Article 12.     Re-assessment shall be undertaken in one of the following circumstances:

                        

(1)    Alteration of purposes, contents and anticipated objectives of the expedition;

(2)    Alteration of routes of activities in the Antarctic;

(3)    Activities to be undertaken beyond the valid period as approved;

(4)    Non-existence of preliminary or comprehensive environment impact assessment reports where such reports are required;

(5)    Alteration of other major matters.

 

Article 13.     Approved Antarctic expeditions shall be undertaken in stringent compliance with approved plans and any measures shall be taken as far as possible to minimize impacts on the Antarctic environment and ecosystem.

 

 

Chapter 3          Acceptance and review of environment impact assessment document

 

Article 14.           Antarctic expeditions applicable for preliminary environment impact assessment shall include environment impact assessment form and preliminary environment impact assessment document in the package of application documentation to be submitted to national maritime administrative department as of April 1-30 each year.

 

                                Antarctic expeditions applicable for comprehensive environment impact assessment shall, at minimum 15 months in advance, submit application documentation to the national maritime administrative department. Application documentation shall include comprehensive environment impact assessment document.

 

The national maritime administrative department shall forward eligible comprehensive environment impact assessment document to ATCM for deliberation. The time entailed by ATCM deliberation shall not be counted in that of Antarctic expedition permit review.

                  

Article 15.           Review of environment impact assessment reports of Antarctic expeditions shall be completed within the time limit of Antarctic expedition permit review.

 

Article 16.           The review authority may take the discretion to invite experts of relevant professions to provide evaluation for environment impact assessment document. Expert evaluation may be undertaken by expert group or expert evaluation group comprised of members in odd numbers above 5, in the forms of evaluation meetings, evaluation by letters, amongst other forms. Expert evaluation groups shall provide evaluation opinions and be accountable for evaluation results.

 

Article 17.           Review authority shall inform applicants of the evaluation results of environment impact assessment reports thereof, which shall serve as an important basis of review and approval of the proposed Antarctic expedition by the national maritime administrative department.

 

Article 18.           The Regulations shall apply to Antarctic expeditions of international cooperation where Chinese party shall undertake environment impact assessment as per cooperation agreement thereof. Where foreign party shall undertake environment impact assessment, the participating Chinese citizens, legal entities or other organizations may submit the environment impact assessment document as approved by the corresponding country, which the national maritime administrative department may deem as eligible as a result of review and approval. Antarctic expedition applicant thereof shall remain obligated to submit Antarctic expedition application documentation.

 

 

Chapter 4        Supervision

 

Article 19.           The citizens, legal entities, or the personnel accountable of other organizations shall, within 30 days of conclusion of the Antarctic expedition, compile and submit expedition report to the national maritime administrative department.

 

                                The report shall include actual environment impact of the Antarctic expedition and mitigating measures already adopted along with outcomes thereof.

 

Article 20.          The national maritime administrative department shall, in accordance with relevant law provisions, dispatch regulatory inspection personnel to the Antarctic to undertake regulatory inspections over approved Antarctic expeditions and impacts thereof on the Antarctic environment and ecosystem.

 

Article 21.           On-site regulatory inspection personnel shall immediately halt and expel with a deadline any expeditions which fail to undertake their activities in line with the contents of environment impact assessment document thereof, or fail to actively adopt preventive and mitigating measures to eliminate environment impacts thereof, or those whose impacts of de facto activities undertaken on the Antarctic environment and ecosystem seriously exceeds the conclusion of environment impact assessment thereof. In case of gross violation, the national maritime administrative department may reject the subsequent application for Antarctic expedition thereof.

 

 

Chapter 5        Supplementary provisions

 

Article 22.           Supervisory exercise vis-à-vis environment impact assessment of activities undertaken in other polar regions beyond Antarctic expeditions shall be undertaken in reference to the Regulations.

 

Article 23.           National maritime administrative department shall be responsible for construing the Regulations.

Article 24.       The Regulations shall become effect as of the date of promulgation.

 

WELCOME | Chinese | 
Copyright © 2014 Chinese Arctic and Antarctic Administration