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(5) In this Part, “response action”, in relation to an environmental emergency,
means measures taken after the emergency to prevent, minimise or contain its
impact.

(6) For the purposes of this Part, response action relating to an environmental
5emergency is “reasonable” if it is—

(a) appropriate,

(b) practicable,

(c) proportionate, and

(d) based on objective criteria and available information.

(7) 10The criteria referred to in subsection (6)(d) include in particular—

(a) risks to the environment of Antarctica and the rate of its natural
recovery,

(b) risks to human life and safety, and

(c) technological and economic feasibility.

(8) 15For the purposes of this Part, taking reasonable response action in relation to
an emergency—

(a) always includes determining the extent and impact of the emergency;

(b) may include cleaning up after it.

Activities “connected with” the UK

(9) 20For the purposes of this Part, activities are “connected with” the United
Kingdom if they are organised in the United Kingdom, the Channel Islands,
the Isle of Man or a British overseas territory and—

(a) they are, or are to be, carried out on a British expedition, within the
meaning of the Antarctic Act 1994 (see section 3(3) of that Act), or

(b) 25in all the circumstances in which they are or are to be carried out, they
require a permit under any provision of that Act.

Persons “based in” the UK etc

(10) For the purposes of this Act a person is “based in” the United Kingdom or
another State—

(a) 30in the case of an individual, if the individual’s habitual place of
residence is there;

(b) in the case of a body corporate, if the body is incorporated there or the
body’s principal place of business is there;

(c) in any other case, if the person’s principal place of business is there or
35the person’s activities (other than activities in Antarctica) are
principally carried out there.

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Part 2 Miscellaneous and final

Miscellaneous

14 Application of offences to non-nationals

(1) 5The Antarctic Act 1994 is amended as follows.

(2) In the following provisions, after “United Kingdom national” insert “, and no
non-national on a British expedition,”—

(a) section 7(1) (offence of damaging flora and fauna etc);

(b) section 8(1) (offence of introducing non-native animals and plants);

(c) 10section 9(1) (offence of entering or remaining in restricted areas);

(d) section 10(1) (offence of damaging etc certain sites and monuments);

(e) section 11(1) (offence of entering or remaining in protected place).

(3) In section 11 (protected places)—

(a) in subsection (3) (permits), after “United Kingdom national” insert “, or
15any non-national on a British expedition,”;

(b) after that subsection insert—

(4) The Secretary of State shall not grant a permit under this section
in respect of a non-national on a British expedition unless he is
satisfied that the activities authorised by the permit will be
20carried on only for the purposes of education or scientific
research.

(4) In section 12 (permits for activities prohibited by sections 7, 8 and 9)—

(a) the existing provision becomes subsection (1);

(b) in that provision, after “United Kingdom national” insert “, or any non-
25national on a British expedition,”;

(c) after that provision insert—

(2) The Secretary of State shall not grant a permit under this section
in respect of a non-national on a British expedition unless he is
satisfied that the activities authorised by the permit will be
30carried on only for the purposes of education or scientific
research.

(5) In section 31(1) (interpretation), at the appropriate place insert—

35Consequential

(6) In section 3 (permits for British expeditions), in subsection (3), for “section”
substitute “Act”.

(7) In section 31(1) (interpretation), at the appropriate place insert—

15 40Historic Sites and Monuments: permits

(1) The Antarctic Act 1994 is amended as follows.

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(2) In section 10 (Historic Sites and Monuments)—

(a) in subsection (1), at the end insert “, except in accordance with a permit
granted under this section or under the written authorisation of
another Contracting Party”;

(b) 5at the end insert—

(3) The Secretary of State may on the application of any person
grant to him a permit authorising any United Kingdom
national, or any non-national on a British expedition, who is
specified or of a description specified in the permit to do
10anything specified or of a description specified in the permit
that would otherwise constitute a contravention of subsection
(1).

(4) The Secretary of State shall not grant a permit under this section
unless he is satisfied that the activities authorised by the permit
15will be carried on only for the purposes of conservation or
repair of—

(a) the Antarctic Historic Site or Monument to which the
permit relates, or

(b) any object within it.

20Consequential

(3) In section 15 (duty to have regard to Protocol), in each of paragraphs (a), (b)
and (c), after “5” insert “, 10”.

(4) In section 16 (delegation of powers)—

(a) in the heading, after “sections” insert “10,”;

(b) 25in subsection (1), after “section”, in both places, insert “10,”.

(5) In section 30 (evidence), in subsection (3), for “or 9(1)” substitute “, 9(1) or
10(1)”.

16 Conservation of animals and plants

(1) The Antarctic Act 1994 is amended as follows.

(2) 30In section 7 (conservation of Antarctic fauna and flora), in subsection (1)(e),
after “native plant” insert “or native invertebrate”.

(3) In that section, after subsection (1) insert—

(1A) Accidental harm occurring in the course of—

(a) normal operations of a vessel, or

(b) 35the activity of fishing for profit,

shall not be regarded as a contravention of subsection (1)(e), (f) or (g).

(4) In section 8 (permits required for introducing non-native animals and plants)
for subsection (2) substitute—

(2) The keeping of—

(a) 40a recognised assistance dog on board a vessel in Antarctica,

(b) another animal on board such a vessel where the vessel is
travelling to an immediate destination outside Antarctica, or

(c) a plant on board a vessel in Antarctica,

shall not be regarded as a contravention of subsection (1).

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(5) In that section, at the end insert—

(4) Nothing in this section prohibits the introduction of a microscopic
organism.

(5) In this section—

(6) After that section insert—

8A Introduction of microscopic organisms

(1) No United Kingdom national, and no non-national on a British
15expedition, may introduce into any part of Antarctica any microscopic
organism of a species which is not indigenous to Antarctica, except in
accordance with a permit granted under section 12 or under written
authorisation of another Contracting Party.

(2) Subsection (1) does not apply to a person if the person took reasonable
20precautions to prevent the introduction of the organism.

(3) Subsection (1) does not apply in relation to an organism inhabiting the
human body or the body of an animal.

(4) Any person who contravenes subsection (1) shall be guilty of an
offence.

(7) 25In section 12 (grant of permits for activities prohibited by sections 7, 8 and 9)—

(a) in the heading, for “sections 7, 8 and 9” substitute “sections 7 to 9”;

(b) after “8(1)” insert “, 8A(1)”.

(8) After section 8A (as inserted by subsection (6) above) insert—

8B Introduction of non-sterile soil

(1) 30No United Kingdom national, and no non-national on a British
expedition, may introduce non-sterile soil into any part of Antarctica.

(2) Subsection (1) does not apply to a person if the person took reasonable
precautions to prevent the introduction of the non-sterile soil.

(3) Any person who contravenes subsection (1) shall be guilty of an
35offence.

(9) In section 31 (interpretation), in subsection (1)—

(a) in the definitions of “native bird” and “native mammal” omit “or
occurring there seasonally through natural migrations”;

(b) in the definition of “native invertebrate” after “terrestrial” insert “,
40marine”;

(c) in the definition of “native plant” after “terrestrial” insert “, marine”.

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(10) In that section, after subsection (1) insert—

(1A) In this Act, references to a species “indigenous to Antarctica” include a
species occurring in Antarctica through natural migration.

Final

17 5Northern Ireland

(1) In Schedule 2 to the Northern Ireland Act 1998 (excepted matters), after
paragraph 20 insert—

20A Regulation of activities in Antarctica (which for these purposes has
the meaning given by section 1 of the Antarctic Act 1994).

(2) 10The provision inserted by subsection (1) shall be regarded as having been
included in Schedule 2 to the Northern Ireland Act 1998 since the day on which
that Schedule came into force.

18 Extent, commencement and short title

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) 15Subsections (2) and (3) of section 34 of the Antarctic Act 1994 (power to extend
to the Channel Islands, Isle of Man and British overseas territories) apply in
relation to—

(a) the provisions of Part 1, and

(b) the provisions of the Antarctic Act 1994 as amended by sections 14 to
2016.

(3) Part 1 comes into force on such day as the Secretary of State may by order made
by statutory instrument appoint (and different days may be appointed for
different purposes).

(4) In this Part—

(a) 25sections 14 to 16 come into force at the end of the period of two months
beginning with the day on which this Act is passed;

(b) section 17 and this section come into force on the day on which this Act
is passed.

(5) This Act may be cited as the Antarctic Act 2013.

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Section 4

Schedule Civil liability: supplementary

Financial limits

1 (1) Sections 2 and 3 do not require payment, in any case, of an amount
5exceeding the limits specified in this paragraph.

(2) For an environmental emergency arising from an event involving a ship, the
limits are—

(a) for a ship with a tonnage not exceeding 2,000 tons, one million SDR;

(b) for a ship with a tonnage exceeding 2,000 tons, one million SDR for
10the first 2,000 tons and—

(i) 400 SDR for each ton from 2,001 to 30,000 tons,

(ii) 300 SDR for each ton from 30,001 to 70,000 tons, and

(iii) 200 SDR for each ton over 70,000 tons.

(3) For an environmental emergency arising from an event not involving a ship,
15the limit is three million SDR.

(4) The Secretary of State may by order make such amendments to the limits
specified in sub-paragraphs (2) and (3) as appear to the Secretary of State
appropriate for the purpose of giving effect to any amendments to the limits
specified in Article 9(1) of Annex VI which are made pursuant to Article 9(4)
20of that Annex.

(5) The limits in this paragraph do not apply in a case where the environmental
emergency arose from an act or omission of a person which was
committed—

(a) with the intention of causing an environmental emergency, or

(b) 25recklessly and with knowledge that an environmental emergency
would probably result.

(6) In this paragraph—

(7) For the purposes of any proceedings under section 2 or 3, one SDR is to be
35treated as such amount in sterling as the International Monetary Fund has
fixed as its equivalent—

(a) for the day when liability to make the payment is determined by the
court in those proceedings, or

(b) if no amount has been so fixed for that day, for the last day before
40that day for which an amount has been so fixed.

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(8) For the purposes of this paragraph, a ship’s tonnage is its gross tonnage
calculated in accordance with the tonnage measurement rules contained in
Annex 1 of the International Convention on Tonnage Measurement of Ships
1969 (as those rules have effect from time to time in relation to the United
5Kingdom).

2 (1) Sub-paragraphs (2) and (3) have effect in any case where—

(a) paragraph 1, and

(b) the provisions set out in Schedule 7 to the Merchant Shipping Act
1995 (Convention on Limitation of Liability for Maritime Claims
101976),

would apply in relation to any liability under section 2 or 3.

(2) If the application of paragraph 1 would produce the result that the amount
for which a person is liable under sections 2 and 3 is lower than that for
which the person would otherwise be liable, paragraph 1 does not apply.

(3) 15If the application of the provisions referred to in sub-paragraph (1)(b) would
produce the result that the amount for which a person is liable under
sections 2 and 3 is lower than that for which the person would otherwise be
liable, those provisions do not apply.

Joint and several liability

3 20In a case where an environmental emergency arises from activities
organised by two or more persons, liability is joint and several; but no
person is liable under section 2 or 3 in respect of any part of an
environmental emergency not arising from activities organised by that
person.

25Double recovery

4 A person is not liable under section 2 or 3 to make a payment in respect of
any costs if or to the extent that the person or another person has made a
payment in respect of those costs—

(a) under one of those sections;

(b) 30pursuant to Articles 6 and 7 of Annex VI as applied in the law of
another Party to Annex VI.

Interaction with Part 9 of the Merchant Shipping Act 1995

5 (1) A person is not liable to make a payment under section 2 to Her Majesty’s
Government or a Party to Annex VI in respect of any costs if or to the extent
35that the person has made a payment to that Government or Party in respect
of those costs under Part 9 of the Merchant Shipping Act 1995 (salvage and
wreck); and vice versa.

(2) Where a person liable to make a payment under section 2 to Her Majesty’s
Government or a Party to Annex VI is also liable to make a payment to
40another person under Part 9 of the Merchant Shipping Act 1995 in respect of
action taken pursuant to the same environmental emergency, the amount
which a person is liable to pay under that section is reduced by the amount
the person is liable to pay under that Part.

(3) Where a person liable to make a payment under section 3 to the Antarctic
45Environmental Liability Fund is also liable to make a payment to a person

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under Part 9 of the Merchant Shipping Act 1995 in respect of action taken
pursuant to the same environmental emergency, the amount which the
person is liable to pay under that section is to be reduced by the amount the
person is liable to pay under that Part.

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