Act No. 276 / 2003 Coll.
The Antarctic Act and the amendment of certain laws
Valid
Law
Effective from 31.03.2005
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276
THE LAW
of 6 August 2003
on Antarctica and on the amendment of certain laws
Parliament has decided on this law of the Czech Republic:
INTRODUCTORY PROVISIONS
Purpose and subject matter of the law
(1) The purpose of this Act is to ensure compliance with the international legal obligations of the Czech Republic relating to Antarctica, in particular to ensure universal protection of the environment of Antarctica as a natural reserve for peace and science in accordance with the Treaty on Antarctica (1) (hereinafter referred to as the Treaty) and the Protocol on the protection of the environment to the Treaty (2) (hereinafter referred to as the Protocol).
(2) This Act provides for:
(a) the rights and obligations of national citizens of the Czech Republic, (3) legal persons established in the Czech Republic and stateless persons residing in the Czech Republic, if involved in activities in Antarctica,
(b) the rights and obligations of aliens, 4) who do not belong to the category of persons referred to in Article VIII (1) of the Treaty when participating in an expedition to Antarctica which is organised in the Czech Republic or where its final departure is in the Czech Republic,
(c) the related performance of the government.
Definition of basic terms
For the purposes of this Act:
(a) Antarctic zone south of the 60th parallel of the south latitude, including floating glaciers;
(b) the environment of Antarctica is all that creates the natural conditions of the existence of organisms, including humans in Antarctica, and is a prerequisite for their further development. Its components are mainly air, water in all stocks, rock, soil, organisms, energy and ecosystems (5), including ecosystems dependent and associated,
(c) specifically protected Antarctic territory, which has been so designated in accordance with the Protocol;
(d) the historical place or monument of the place or object which has been registered in accordance with the Protocol;
(e) harmful liquid harmful liquid as defined in Annex II to the Convention for the Prevention of Pollution from Ships, 6)
(f) crude oil occurring in nature;
(g) freshwater system flowing and standing fresh water,
(h) by an operator, a natural or legal person organising activities to be carried out in Antarctica;
(i) an environmental accident which results or is at imminent risk of having a significant and harmful impact on the environment of Antarctica;
(j) a corrective measure proportionate to the action taken following an environmental accident to prevent, suspend or minimise the impact of the accident, including the determination of the extent of the accident and its impact.
PRINCIPLES OF PROTECTION AND USE OF ANTARCTIDE
Basic principles of Antarctica protection
(1) The persons referred to in § 1 (2) (a) and (b) (hereinafter referred to as "Czech persons") are required to comply with the Treaty, the Protocol and other international legal obligations relating to Antarctica by which the Czech Republic is bound.
(2) Czech persons wishing to participate in Antarctic activities must plan and implement them in such a way as to minimise the adverse effects on the environment of Antarctica.
(3) It shall be prohibited to harm the environment of Antarctica beyond the limits laid down in the Protocol and this Act.
(4) It shall be prohibited to threaten, harm or destroy historic sites or monuments in Antarctica.
(5) An operator shall not organise the landing of persons in Antarctica from vessels carrying more than 500 passengers. In the case of vessels carrying a maximum of 500 passengers, the operator shall ensure that at no time more than one passenger vessel is present at the place of landing, limit the number of shore passengers to a maximum of 100 persons at any time and ensure that the ratio of 1 guide to 20 passengers is maintained.
Antarctica can only be used for peaceful purposes. 7)
Activities related to Antarctic mineral resources
(1) The search, exploration and exploitation of mineral resources in Antarctica, with the exception of scientific research of mineral resources (8), carried out on the basis of an authorisation under this Act, is prohibited. 9)
(2) Furthermore, the collection and export of minerals and paleontological findings, with the exception of their collection and export carried out in the framework of scientific research on mineral resources authorised under this Act, is prohibited.
CONDITIONS FOR THE IMPLEMENTATION OF ANTARCTIDE ACTIVITIES
Notification
Authorisation
(1) The Czech person may enter Antarctica or carry out activities in Antarctica only on the basis of the permission of the Ministry of the Environment (hereinafter the Ministry). No authorisation is required for activities already authorised by another Contracting Party to the Treaty.
(2) The Ministry shall not issue authorisations if:
(a) the Czech person has not fulfilled the conditions laid down by this law;
(b) the activity planned by the Czech person would be contrary to the basic principles of environmental protection of Antarctica set out in Article 3 of the Protocol; or
(c) the Czech person seeking authorisation has seriously infringed the obligations or prohibitions laid down by this law or by a decision given on its basis during the last 10 years before the date of application.
(3) Authorisations for interference in stocks or habitats of geographically indigenous plants and animals in Antarctic may only be issued for:
(a) sample measures for scientific purposes;
(b) sample arrangements for museums, herbarium and botanical gardens or other educational institutions;
(c) measures for samples for zoos, but only in the case of geographical origin mammals or birds where such samples cannot be obtained from other existing captive collections or where there is a serious requirement for conservation;
(d) the removal of the inevitable consequences of scientific activities; or
(e) the preparation and operation of scientific support facilities.
(4) The Ministry will not issue an authorisation for the collection of specially protected Antarctic species if it is not necessary for a serious scientific purpose, would jeopardise the survival or recovery of those species or local populations, or if lethal techniques were used in the collection, although such a procedure would not be necessary. The list of specially protected Antarctic species shall be laid down in implementing legislation.
(5) Authorisations for the import of geographically non-native plant species, animals and micro-organisms may be issued only for the import of cultivated plants and their propagation propagations for controlled uses and species of live organisms for controlled experimental uses.
(6) The Ministry of Foreign Affairs is authorised after consulting the Ministry of Foreign Affairs.
(7) The Ministry shall decide on the application for authorisation within 60 days of its receipt.
Application for authorisation
(1) An application for authorisation pursuant to Paragraph 8 (1) (hereinafter referred to as "the application") is submitted by a Czech person who will carry out activities in Antarctica. The request may also be lodged by several Czech persons who will jointly carry out activities in Antarctica ("the joint application '); in this case, it shall elect a common service agent.
(2) The application shall contain:
(a) in the case of natural persons, the name, surname, date of birth, nationality and place of permanent residence or place of residence of foreign natural persons;
(b) in the case of legal persons, the name and legal form, the registered office, the identification number of the person, if any, and the identification details referred to in (a) for natural persons who will carry out activities in Antarctica on behalf of the legal person;
(c) in the case of a joint application other than those referred to in (a) and (b), a list of persons who will carry out activities in the Antarctic jointly;
(d) a description of the activities to be carried out by Czech persons in Antarctica;
(e) an indication of the place where the activities in Antarctica will be carried out, the place of service of documents and the functional contact links in Antarctica;
(f) the designation of a specially protected Antarctic territory in the case of an application for authorisation to enter a specially protected Antarctic territory;
(g) the definition of the period of intended residence and conduct of Antarctic activities;
(h) the contingency plan referred to in Article 23b, including information on health and safety measures, measures for search and rescue operations, medical care and evacuation, as well as the written consent of another person if the implementation of the plan depends on it; and
(i) a waste management plan for each permanent post, for field camps in general and for each vessel, except for small boats which are part of permanent habitats or vessels and taking into account existing waste management plans on board vessels; the details of the waste management plan and the requirements for its implementation shall be laid down in implementing legislation.
(3) The application must be accompanied by:
(a) an extract from a commercial or other register where the applicant is a legal person entering a commercial or other register;
(b) a written conclusion pursuant to Article 14 (5), an opinion on an initial assessment of the effects referred to in Article 15 or an opinion on a versatile evaluation of the effects referred to in Article 16;
(c) proof of payment of the administrative fee;
(d) proof of the conclusion of an insurance contract or proof of the establishment of a sufficient financial reserve to guarantee reimbursement of the costs of emergency operations, medical care and evacuation in Antarctica, the elimination of environmental damage to Antarctica or the cost of corrective actions resulting from the responsibility for environmental accidents;
(e) in the case of a joint application by a written power of attorney or power of attorney declared in the Protocol of Authorisation for Representation,
(f) authorisation or authorisation for activities under specific legislation.
Forms of authorisation
(1) The Ministry shall indicate in the authorisation:
(a) the identification of the natural person referred to in Article 9 (2) (a) or the legal person referred to in Article 9 (2) (b), who will carry out an activity in Antarctica;
(b) conditions for carrying out activities in Antarctica;
(c) the period of validity of the authorisation.
(2) In the authorisation issued following the detection procedure (§ 14), the initial assessment of the effects (§ 15) or the universal evaluation of the effects (§ 16), the Ministry provides for an obligation to monitor and verify the effects of the planned activity on the environment of Antarctica and to submit within 30 days of the date of termination of the activity in Antarctica a final report on the follow-up and verification of those effects and a final residence report containing a temporal and factual course and a description of all the activities carried out and the results and objectives achieved.
(3) The authorisation to intervene in the populations or habitats of geographically originating plants and animals in Antarctica or to collect specially protected Antarctic plant species shall contain conditions which ensure that:
(a) no more local mammals, birds, invertebrates or plants shall be collected than is strictly necessary for the purposes referred to in Article 8 (3);
(b) only small numbers of local mammals or birds will be killed and in no case more mammals or birds from local populations will be killed than can normally replace natural reproduction in the following season in conjunction with other authorised withdrawals; and
(c) the diversity of species, as well as the habitats essential to their existence, and the balance of ecosystems in Antarctica and ecosystems related and associated.
(4) The authorisation to import non-geographically originating plant species, animals and micro-organisms shall specify the species, number of species and, where appropriate, the age and sex of the individuals of the species to be planted, together with the justification for the planting and the indication of the preventive measures to be taken to prevent the escape or contact with fauna or flora in Antarctica.
(5) The permit is issued by the Ministry in the Czech language and at the same time ensures its official translation into the English language.
(1) The Ministry may, at the request of the authorised Czech person, amend or revoke the final authorisation. The Ministry may, on its own initiative, amend or revoke a final authorisation if it finds that the activity authorised by it leads to environmental effects of Antarctica which are incompatible with the principles laid down in Article 3 of the Protocol or threaten to cause such effects. The period of validity of the authorisation may be extended by a maximum of one year.
(2) The Czech persons to whom a decision to revoke a residence permit in Antarctica has been notified are obliged to immediately abandon the activities carried out under the cancelled permit and leave Antarctica as soon as practicable.
(3) Czech persons are required to carry the original or a copy of the permit issued by the Ministry and its official translation into English or the original or a copy of the permit issued by another State during their stay in Antarctica.
(4) The authorisation expires
(a) death or declaration as a dead natural person authorised;
(b) the date of the death of the legal person authorised;
(c) the expiry of the period for which it has been granted.
(1) The Ministry of Foreign Affairs shall inform the Ministry of Foreign Affairs of the permit issued by it pursuant to Section 8 within 30 days of its issue.
(2) The authorisation provided for in Article 8 does not replace the authorisation or other authorisation for activities required by other legislation27).
ASSESSMENT OF ENVIRONMENTAL ENVIRONMENTAL AMOUNTS
Subject matter of impact assessment
The subject of the environmental impact assessment in Antarctica is all activities authorised under Section 8, including changes to those activities.
Notification and detection procedures
(1) The Czech person (the notifier) is required to submit to the Ministry a notification of the intended activity in Antarctica. The notification always includes the identification of Czech persons to participate in Antarctic activities and a description of the proposed activity including its purpose, location, duration and intensity. Czech persons who will carry out activities together in Antarctica may submit joint notifications; in this case, they may choose a joint agent for service.
(2) The notification shall be made in writing and on a technical medium, where appropriate by e-mail (hereinafter referred to as "electronic form '). The implementing act may provide for further details of the notification.
(3) The Ministry will carry out a survey procedure on the basis of a notification, in which it will determine provisionally the potential impact of the activity or change of activity on the environment of Antarctica (hereinafter referred to as the "survey procedure").
(4) Within five working days of receipt of the notification, the Ministry will publish the notification in a way that allows remote access. The administrative authorities concerned may send their written observations on the notification to the Ministry within 15 days of the date of publication of the notice. Within that period, everyone may comment on the notification.
(5) The Ministry shall, within 30 days of the date of receipt of the notification, issue a written conclusion of the investigation procedure and publish the written conclusion of the investigation procedure in a way that allows remote access.
(6) If the conclusion of the investigation procedure indicates that the activity or change of activity will have less than a small or transitional effect on the environment of Antarctica, that conclusion shall also be the technical basis for the granting of an authorisation under Section 8.
Initial impact assessment
(1) If the conclusion of the investigation procedure indicates that the activity or change of activity will have a small or temporary impact on the environment of Antarctica, the Ministry shall at the same time determine the scope and content of the documentation for the initial assessment of the effects on the environment of Antarctica (hereinafter referred to as the "initial assessment of the effects'), taking into account the nature of the activity or change of activity and the state of the environment of Antarctica, which may be affected by the implementation of the activity or change of activity. The documentation for the initial assessment of the effects shall always contain a description of the proposed activity, including its purpose, location, duration and intensity, and an assessment of the alternatives to the proposed activity and any effects that the activity may have, including an assessment of the cumulative effects, taking into account ongoing and known planned activities.
(2) The notifier shall ensure that documentation is prepared for initial assessment of the effects which it is required to submit to the Ministry in writing and electronic form. The documentation for the initial assessment of the effects shall be processed by a person who holds an authorisation under a specific legislation. The Ministry shall publish the documentation for the initial assessment of the effects in a way that allows remote access and shall simultaneously send it within 10 working days of the date on which it was delivered to it, to the administrative authorities concerned and to the relevant international organisations and shall request comments within 30 days of receipt of the documentation for the initial evaluation of the effects. Any person may comment on the dossier within that period.
(3) If the Ministry concludes that the documentation for initial assessment of the effects does not contain the required elements, it shall return it to the notifier within 10 days of receipt for addition or reprocessing, together with a specification of the required elements, or request additional information from it.
(4) The notifier shall, at his own expense, provide the Ministry with the documents used to process the documentation for the initial assessment of the effects within five working days of their request.
(5) The Ministry shall deliver an opinion on the initial assessment of the effects within 30 days of the expiry of the deadline for the comments of the administrative authorities concerned and of the relevant international organisations referred to in paragraph 2. The Ministry may arrange for the preparation of supporting documents for the initial assessment of the effects by the person holding the authorisation under a specific legislation.
(6) The Ministry will send an opinion on the initial assessment of the effects within five working days of the date of its issue to the notifier and the administrative authorities concerned and publish it at the same time in a way that allows remote access.
(7) The opinion on the initial assessment of the effects is an expert basis for the authorisation provided for in Section 8. The opinion shall be submitted by the notifier as one of the supporting documents for the follow-up to the authorisation procedure provided for in Article 8. The validity of the opinion shall be one year from the date of its issue. The validity of the opinion may be extended by one year at the request of the notifier, even repeatedly, unless substantial changes in the implementation of the activities and conditions in Antarctica, in order to obtain new knowledge related to the material content of the dossier for the initial assessment of the effects or for the development of new approaches, processes and technologies related to the activity.
(8) The implementing act may provide for further elements of the dossier and for the opinion on the initial assessment of the effects.
Versatile impact assessment
(1) If the conclusion of the investigation procedure indicates that the activity or change of activity will have a greater than small or temporary impact on the environment of Antarctica, the Ministry shall at the same time determine the extent and content of the documentation to be used for the versatile assessment of the environmental effects of Antarctica (hereinafter referred to as "the general assessment of the effects'), taking into account the nature of the activity or change in activity and the state of the environment of Antarctica, which may be affected by the implementation of the activity or change of activity.
(2) The notifier shall ensure that documentation is prepared for a versatile assessment of the effects it is required to submit to the Ministry in writing and in electronic form. The documentation for the versatile evaluation of the effects shall contain data at least to the extent specified in the last sentence of Paragraph 15 (1).
(3) The Ministry shall publish the documentation within five working days of the date of receipt of the documentation for the versatile evaluation of the effects in a manner which allows remote access and shall forward it within 10 days of its receipt to the administrative authorities concerned and to the other Parties to the Protocol, requesting observations within 90 days of its receipt. Any person may comment on the dossier within that period.
(4) The Ministry will also send documentation to the Antarctic Environmental Protection Committee (hereinafter referred to as the Committee) at least 120 days before the beginning of the Advisory Assembly of the Parties to the Treaty (hereinafter referred to as the Advisory Assembly).
(5) If the Ministry concludes that the documentation for a versatile assessment of the effects does not contain the requirements laid down, it shall return it to the notifier for completion or reprocessing, together with a specification of the required requirements, or request additional information from the notifier.
(6) Following the opinion of the Advisory Assembly, the Ministry shall arrange for the processing of an opinion on the effects of the activity or the change of activity on the environment of Antarctica (hereinafter referred to as the "opinion ') by a person who holds an authorisation under a specific legislation (hereinafter referred to as" the processor') and shall deliver to it documentation and any comments received. Anyone who has been involved in the processing of documentation cannot even partially participate in the processing of the report.
(7) The processor shall process the opinion on the basis of the documentation, where appropriate the notification and any comments thereon. The time for processing the report shall not be longer than 60 days from the date on which the documentation for the versatile assessment of the effects, including any observations received, has been delivered to the processor.
(8) The notifier shall, at his own expense, provide the processor with an opinion on the supporting documents used for the processing of the documentation for a versatile assessment of the effects within five working days of receipt of the request from the processor.
(9) The Ministry shall send the opinion within five working days of its receipt to the notifier and to the administrative authorities concerned and publish it at the same time in a manner that allows remote access.
(10) The Ministry shall issue an opinion on the versatile assessment of the effects within 30 days of the date of receipt of the opinion. Opinion on a versatile assessment of the effects is an expert basis for the granting of an authorisation under Section 8. The opinion shall be submitted by the notifier as one of the supporting documents for the follow-up to the authorisation procedure provided for in Article 8. The validity of the opinion shall be one year from the date of its issue. The validity of the opinion may be extended by one year at the request of the notifier, even repeatedly, unless substantial changes in the implementation of the activities and conditions in Antarctica, new knowledge related to the material content of the initial evaluation dossier and the development of new approaches, processes and technologies related to the activity have occurred.
(11) If the documentation has not been discussed by the Advisory Assembly, the Ministry may issue an opinion on a versatile assessment of the effects only after 15 months from the date of transmission of the documentation referred to in paragraph 4.
(12) The implementing legislation may lay down further elements of the dossier and the elements of the opinion and opinion on a versatile assessment of the effects.
Specific legislation shall apply mutatis mutandis to the costs of assessing the environmental effects of Antarctica. 15)
PROTECTION OF FAUNA AND ANTARCTIDES
Protection of local plants and animals
(1) Any interference in the stocks and habitats of geographically originating plants and animals shall be prohibited, except for interventions and withdrawals carried out on the basis of authorisation.
(2) The prohibition in paragraph 1 does not apply to fishing for fish for its own use, but the survival of each species must not be jeopardised.
(3) All sampling of local mammals and birds is carried out in a manner that minimises the available level of pain and suffering under specific legislation. 16)
Imports into Antarctica of non-originating species of animals, plants and micro-organisms
(1) The introduction into Antarctica of geographical non-native species of plants, animals and micro-organisms, with the exception of imports by authorisation, is prohibited. In the case of unauthorised imports of geographically non-native species, Czech persons are obliged to remove them, except where this would result in a greater negative impact on the environment.
(2) The prohibition provided for in paragraph 1 does not apply to the importation of food (28), provided that live animals are not introduced into Antarctica for that purpose. Imported gutted poultry as food must be certified not to be affected by Newcastle disease, tuberculosis or yeast infections.
(3) It shall be prohibited to bring dogs to the mainland, to icebergs or to icebergs at sea in Antarctica.
(4) Imports of non-sterile land into Antarctica are prohibited.
DISCLOSURE
Waste management obligations
(1) In particular, Czech persons are obliged to:
(a) prevent the generation and disposal of waste in Antarctica;
(b) to clean up earlier or existing sites intended for the storage or disposal of waste on land and abandoned sites in Antarctica where they are the producers of such waste or have been users of such sites;
(c) store waste in such a way as to prevent it from being dispersed into the Antarctic environment;
(d) to remove from Antarctica all waste for which the prohibition on storage or disposal in Antarctica applies;
(e) to burn flammable waste which may not be removed from Antarctica as referred to in (d) in the corresponding installations which minimise emissions;
(f) to remove from Antarctica all unused poultry imported as food, or to remove it by incineration or by other equivalent means to eliminate the risk to local fauna and flora; and
(g) comply with the waste management plan processed in accordance with Article 9 (2) (i).
(2) Wastes which have been removed from Antarctica pursuant to paragraph 1 (d) and (f) shall be transported to the Czech Republic or to another State in which preventive measures exist for their disposal in accordance with the relevant international agreements. The management of waste imported into the Czech Republic is subject to specific legislation. 18)
(3) Furthermore, it shall be prohibited to:
(a) to import waste into Antarctica;
(b) to dispose of waste in areas without ice and freshwater systems; storage is prohibited in freshwater systems,
(c) to remove or store radioactive waste (19) in Antarctica, unless otherwise provided for in the international treaty to which the Czech Republic is bound;
(d) to remove or store in Antarctica electrical batteries, solid and liquid fuels, waste containing harmful levels of heavy metals or acutely toxic or harmful resistant mixtures, polyvinyl chloride derivatives (PVC), polyurethane foam, polystyrene, rubber and lubricating oils, treated sawn wood, products containing additives which may produce harmful emissions during combustion, plastic waste other than polyethylene packaging of low density, fuel drums, other solid non-flammable waste, residues of dead animals imported, laboratory cultures of micro-organisms and plant diseases, imported products from birds.
(4) The prohibition on storage or disposal referred to in paragraph 3 shall not apply to residues of dead animals imported, laboratory cultures of micro-organisms and plant disease agents and imported products from birds, provided that they are burned, autoclaved or otherwise sterilised. For fuel drums and other solid non-flammable waste, the prohibition on storage or disposal shall not apply if their disposal would result in more negative environmental effects for Antarctica than leaving them on site.
Imports into Antarctica of certain substances
The import into Antarctica of pesticides, polychlorinated biphenyls (PCBs), polystyrene beads or slices and dangerous substances or preparations 20), with the exception of imports subject to authorisation for scientific, medical or hygienic uses, shall be prohibited.
PROTECTION BEFORE ANTARCTIDE EMPLOYMENT
Discharges of harmful substances into the sea
(1) The discharge into the sea of Antarctic shall be prohibited
(a) oil, petroleum mixtures, polluted ballast water, contaminated material, canister wash water and other oiled residues and mixtures;
(b) chemicals and products21) or other harmful liquid substances.
(2) In the Antarctic region, it is also prohibited to discharge sewage sludge into the sea within 12 nautical miles of the nearest country or ice cover. After this distance, sewage sludge may be discharged in proportion to the quantities of seagoing vessels having a travel speed of at least four knots. This prohibition shall apply to seagoing vessels certified to carry more than 10 persons.
Removal of waste into the sea
(1) In the Antarctic region, it is prohibited to dispose of plastic, including synthetic ropes, synthetic fishing nets and synthetic garbage bags.
(2) In the Antarctic region, it is prohibited to dispose of waste, including paper products, textiles, glass, metal, bottles, clay or porcelain dishes, ash from incineration, waste cutting and coating or packaging materials.
(3) It is possible to dispose of food waste in the Antarctic region at a distance of more than 12 nautical miles from the nearest country or ice cover, if they have passed through a shredder or mill and are so finely crushed or ground that they can pass through a sieve with openings not exceeding 25 mm large.
PERFORMANCE OF STATE MANAGEMENT
Ministry
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Regulation Information
| Citation | Act No. 276 / 2003 Coll., on Antarctica and on the amendment of certain laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.08.2003 |
|---|---|
| Effective from | 31.03.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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