1 Procedures

An Advance Notification must be submitted to the Ministry of Foreign Affairs and Trade and an Environmental Impact Assessment (EIA) (Section 3.2) must be sent to the Minister of Foreign Affairs under the Antarctica (Environmental Protection) Act 1994, before any Antarctic activity can commence. People planning to go to Antarctica should contact the Ministry of Foreign Affairs and Trade’s Antarctic Policy Unit in the earliest planning stages.

Some types of activity will also require permits under this and other Acts. Following the flow chart will help to identify the particular approvals and permits which may be required for your activity. The sections below outline including time-lines and contact points.

1.1 Advance notification

Details of any planned activity should be provided to the Ministry of Foreign Affairs and Trade as soon as possible, or before the end of September each year prior to the activity taking place. This allows New Zealand to submit information to other Antarctic Treaty Parties regarding planned Antarctic activities by 1 October each year. Appendix 1 outlines Antarctic Treaty Resolution XVIII-1 guidance on this.

A standard form for Advance Notifications is provided in Appendix 3.

1.2 EIA under the Antarctica (Environmental Protection) Act

The Antarctica (Environmental Protection) Act 1994 implements the Protocol on Environmental Protection to the Antarctic Treaty. The Act applies to all people except members of official expeditions of other Antarctic Treaty Parties.

The Ministry of Foreign Affairs and Trade (MFAT) administers the Act and the Minister of Foreign Affairs makes the final determination on whether an activity may proceed. An Environmental Impact Assessment (EIA) to identify and predict the likely environmental impact of the proposed activity and determine ways of preventing or minimising any adverse effects on the environment must be provided. It is an offence to carry out an activity without completing this process.

There are three levels of Environmental Impact Assessment:

• a Preliminary Environmental Evaluation if the proposed activity is likely to have less than a minor or transitory effect on the Antarctic environment
• an Initial Environmental Evaluation (IEE) if the activity is likely to have no more than a minor or transitory effect on the Antarctic environment (s18)
• a Comprehensive Environmental Evaluation (CEE) if the activity is likely to have more than a minor or transitory effect on the Antarctic environment (ss19-20).

Prospective applicants should contact the Ministry of Foreign Affairs Antarctic Policy Unit as early as possible to discuss their plans and the appropriate level of EIA.

A guide to EIA preparation is on the Council of Managers of National Antarctic Programmes (COMNAP) website, and the Ministry of Foreign Affairs and Trade can provide a model IEE on request, as well as advise on the EIA type and content.

To allow timely assessment of all EIAs, they should be submitted as early as possible and no later than three months before the proposed activity is expected to start. This is necessary for the Ministry to obtain expert advice on the the proposed activity’s potential environmental impact.

The Minister of Foreign Affairs then makes the decision on whether an activity may proceed taking into account the Ministry’s recommendations. The Minister also has discretion under the Act to set conditions and make directions regarding the proposed activities, to protect the environment, and manage compliance, environmental monitoring and post-activity reporting. Non-compliance is an offence carrying a penalty of up to one year’s imprisonment or a fine of up to $100,000 (s 10(2) and (3)).

A general condition for tourist or other non-governmental activities is to demonstrate that appropriate contingency plans and sufficient arrangements for health and safety, search and rescue and evacuation are in place prior to the start of the activity. This is in addition to having adequate insurance or other arrangements to cover any risks associated with search and rescue and medical care and evacuation (see 3.2).

The Minister also has discretion to exempt a person from the EIA requirements of the Act (Part III) if satisfied that another Contracting Party to the Antarctic Treaty is applying, or has applied the EIA procedures set out in Annex I of the Protocol.

Inquiries and EIA submissions should be made to:

Antarctic Policy Unit
Ministry of Foreign Affairs and Trade
Private Bag 18-901
Wellington
Telephone: +64 4 439 8000, Facsimile: +64 4 439 8103
E-mail: apu@mfat.govt.nz

1.3 Permits under the Antarctica (Environmental Protection) Act

The Act prohibits the following unless a permit is obtained:

• entering or carrying out any activity in an Antarctic Specially Protected Area (ASPA)
• taking any native bird or mammal in Antarctica
• removing or damaging native plants so their local distribution or abundance is significantly affected
• harmfully interfering with native plants, mammals, birds or invertebrates
• introducing any species of non native animal, plant or micro-organism
• importing any non-sterile soil into Antarctica
• removing any part of or the contents of any historic site or monument.

A permit can be considered at the same time as the EIA if any of the above activities are identified in the EIA document. After consideration, the Minister advises the applicant if the activity can proceed or not. If the activity can proceed, permits are issued, often with conditions attached.

All historic huts in the Ross Sea region are designated as Antarctic Specially Protected Areas and require a permit for entry. A map and list of all protected areas in the Ross Sea region is provided in Appendix 4.

1.4 Permits under the Antarctic Marine Living Resources Act

Under the Antarctic Marine Living Resources (AMLR) Act no marine organism, alive or dead, may be taken from the area without a permit from the Minister of Fisheries. This applies to both scientific and exploratory commercial fishing activities. Commercial fishing vessels are required to carry both New Zealand and international observers. The Ministry of Fisheries manages this process and can be contacted for further information and inquiries:

Ministry of Fisheries
PO Box 1020, Wellington
Telephone: +64 4 470 2600
Facsimile: +64 4 470 2669
Website: Ministry of Fisheries