Overview

This bill implements Annex VI of the Protocol on Environmental Protection to the Antarctic Treaty, establishing legal frameworks for responding to environmental emergencies in Antarctica and strengthening existing regulations.

Description

Environmental Emergencies

The bill introduces a duty for UK-connected organizations to take reasonable, prompt, and effective action to respond to environmental emergencies in Antarctica. Failure to do so results in criminal liability (up to two years imprisonment or a fine). Civil liability is established, where costs of response action by other Parties to Annex VI (or the UK) can be recovered from the responsible UK-connected organization. An Antarctic Environmental Liability Fund will be used for emergencies where no other Party to Annex VI acts. There are time limits for bringing legal proceedings.

Preventative Measures and Information

The bill requires UK-connected organizations to take reasonable preventative measures and create contingency plans before carrying out activities. They also must promptly inform the Secretary of State of any environmental emergencies. The Secretary of State also has powers to request information.

Exclusions and Crown Liability

The bill specifies various exclusions from liability, including actions taken to protect human life and natural disasters where preventative measures were taken, and specifies that the Crown is bound by the act, though it is not criminally liable.

Amendments to the Antarctic Act 1994

The bill amends the Antarctic Act 1994, extending its provisions to non-nationals on British expeditions to improve the protection of the Antarctic environment, including new offenses for introducing non-sterile soil and microscopic organisms.

Government Spending

The bill does not directly specify government spending but may lead to increased expenditure related to enforcement and potential contributions to the Antarctic Environmental Liability Fund.

Groups Affected

• UK-based organizations operating in Antarctica: These organizations face new responsibilities regarding environmental emergency response, preventative measures, and reporting requirements. They may also incur costs associated with insurance and liability.
• Individuals working for UK organizations in Antarctica: These individuals could face criminal prosecution if their organizations fail to comply with the bill's requirements.
• The UK government: The government will have new responsibilities related to enforcement, potential payments to the Antarctic Environmental Liability Fund, and potential legal action.
• Other Parties to Annex VI: These parties could potentially recover costs from UK organizations for responding to emergencies.
• The Antarctic environment: The aim of the bill is to enhance protection of the environment.

Powered by nyModel