Brief background description here
British Antarctic Territory Environmental Legislation
Environmental Protocol to the Antarctic Treaty 1991
(Article 3: Environmental Principles): 1 The protection of the Antarctic environment and dependent and associated ecosystems and the intrinsic value of Antarctica, including its wilderness and aesthetic values and its value as an area for the conduct of scientific research, in particular research essential to understanding the global environment, shall be fundamental considerations in the planning and conduct of all activities in the Antarctic Treaty area.
To this end,
- (a) activities in the Antarctic Treaty area shall be planned and conducted so as to limit adverse impacts on the Antarctic environment and dependent and associated ecosystems;
- (b) activities in the Antarctic Treaty area shall be planned and conducted so as to avoid:
- (i) adverse effects on climate or weather patterns;
- (ii) significant adverse effects on air or water quality;
- (iii) significant changes in the atmospheric, terrestrial (including aquatic), glacial or marine environments;
- (iv) detrimental changes in the distribution, abundance or productivity of species of populations of species of fauna and flora;
- (v) further jeopardy to endangered or threatened species or populations of such species; or
- (vi) degradation of, or substantial risk to, areas of biological, scientific, historic, aesthetic or wilderness significance;
(Article 8: Environmental Impact Assessment): 1 Proposed activities referred to in paragraph 2 below shall be subject to the procedures set out in Annex I for prior assessment of the impacts of those activities on the Antarctic environment or on dependent or associated ecosystems according to whether those activities are identified as having:
- (a) less than a minor or transitory impact;
- (b) a minor or transitory impact; or
- (c) more than a minor or transitory impact.
2 Each Party shall ensure that the assessment procedures set out in Annex I are applied in the planning processes leading to decisions about any activities undertaken in the Antarctic Treaty area pursuant to scientific research programs, tourism and all other governmental and non-governmental activities in the Antarctic Treaty area for which advance notice is required under Article VII (5) of the Antarctic Treaty, including associated logistic support activities.
3 The assessment procedures set out in Annex I shall apply to any change in an activity whether the change arises from an increase or decrease in the intensity of an existing activity, from the addition of an activity, the decommissioning of a facility, or otherwise.
(Annex 1: Environmental Impact Assessment) Full text??
Antarctic Act 1994
7. (1) No United Kingdom national may in Antarctica:
- (a) intentionally kill, injure, capture, handle or molest any native mammal or native bird,
- (b) while on foot intentionally disturb a breeding or moulting native bird, or a concentration of native mammals or native birds,
- (c) use a vehicle, vessel or aircraft in a manner that disturbs a concentration of native mammals or native birds,
- (d) use explosives or firearms in such a manner,
- (e) remove or damage such quantities of any native plant that its local distribution or abundance will be significantly affected,
- (f) significantly damage a concentration of native plants, or
- (g) do anything that is likely to cause significant damage to the habitat of any native mammal, bird, plant or invertebrate, except in accordance with a permit granted under section 12 or under the written authorisation of another Contracting Party.
Antarctic Regulations (as amended) 1995
Initial Environmental Evaluation
5.(1) If the Secretary of State considers that the activity for which an application has been made under regulation 4 is likely to have more than a negligible impact on the environment of Antarctica, he shall, unless he has required the applicant to submit a draft Comprehensive Environmental Evaluation in accordance with regulation 6(1), require the applicant to submit to him an Initial Environmental Evaluation.
(2) An Initial Environmental Evaluation shall be in such form, and accompanied by such number of copies, as the Secretary of State may require and shall contain sufficient information for the Secretary of State to be able to assess
- (a) the scale of the impact which the proposed activity may have on the environment of Antarctica;
- (b) whether, in the light of existing and known planned activities, it may have a cumulative impact; and
- (c) whether there may be alternative ways of carrying out the proposed activity which might lessen the environmental impact or possible cumulative impact.
(3) The applicant shall during the period the application is pending:
- (a) make available a copy of the Initial Environmental Evaluation for inspection during normal office hours by any person who may so request; and
- (b) provide copies of the Initial Environmental Evaluation to any person on receipt of a request in writing, subject to payment of reasonable charges for supplying the copies, including postage.
(4) The Secretary of State shall cause to be published annually a list of the Initial Environmental Evaluations submitted to him in accordance with this regulation during the preceding 12 months.
Comprehensive Environmental Evaluation
6.(1) If the Secretary of State at any time after the making of an application considers that the activity which is the subject of the application is likely to have more than a minor or transitory impact on the environment of Antarctica, he shall require the applicant to submit to him a draft Comprehensive Environmental Evaluation.
(2) Such draft Comprehensive Environmental Evaluation shall be in such form, and accompanied by such number of copies, as the Secretary of State may require and shall contain sufficient information for the Secretary of State to be able to consider or determine:
- (a) possible alternatives to the proposed activity, including the alternative of not proceeding with it;
- (b) the initial environmental reference state with which predicted changes are to be compared, and the likely future environmental state in the absence of the proposed activity;
- (c) whether the methods and data used to forecast the impacts of the proposed activity are satisfactory for that purpose;
- (d) the nature, extent, duration and intensity of the likely direct impacts of the proposed activity;
- (e) possible indirect or second order impacts of the proposed activity;
- (f) any cumulative impacts of the proposed activity in the light of existing activities and other known planned activities;
- (g) the measures which could be taken to minimize or mitigate impacts of the proposed activity, and whether a monitoring programme to verify foreseen impacts or detect unforeseen impacts, and provide early warning of any adverse effects of the activity, should be provided for;
- (h) the measures which could be taken to deal promptly and effectively with accidents;
- (i) whether there may be any unavoidable impacts of the proposed activity;
- (j) the effects of the proposed activity on the conduct of scientific research and on other existing uses and values; and
- (k) whether there are gaps in knowledge or uncertainties with regard to the possible impact of the proposed activity.
(3) (b) When making such a requirement the Secretary of State shall provide the applicant with
- (i) any comments in writing on the draft Comprehensive Environmental Evaluation which have been received by the Secretary of State from any person in accordance with paragraph (5);
- (ii) any comments on such Evaluation from another Contracting Party;
- (iii) any advice in respect of such Evaluation from the Committee for Environmental Protection established under the Protocol; and
- (iv) an account of the consideration by the Antarctic Treaty Consultative Meeting of such Evaluation in the light of such advice, and the applicant shall, in preparing the final Comprehensive Environmental Evaluation, take into account such comments, advice and account and include or summarize them in the final Comprehensive Environmental Evaluation.