Antarctic Treaties Act, 1996 (Act No. 60 of 1996)4. Powers of Minister where Antarctic environment is damaged, endangered or detrimentally affected |
(1) | If any person to whom this Act applies performs any activity or fails to perform any activity in contravention of a treaty as a result of which the Antarctic environment is or may be seriously damaged, endangered or detrimentally affected, the Minister may in writing direct that person, within a period specified in the direction— |
(a) | to cease that activity; or |
(b) | to take such steps as the Minister may deem fit with a view to eliminating, reducing or preventing the damage, danger or detrimental effect. |
(2) | The Minister may in writing direct the person referred to in subsection (1) to perform any activity or function, at the expense of that person, with a view to repairing or rehabilitating any damage caused to the Antarctic environment. |
(3) | If the person referred to in subsection (2) refuses or fails to comply with the direction of the Minister, the Minister may take the necessary steps in order to repair or rehabilitate the damage, and the Minister may authorise any person to take all steps required for that purpose. |
(4) | The Minister may recover any expenditure incurred in the performance of any function contemplated in subsection (3) from the person who refused or failed to comply with a direction under subsection (2). |
(5) | This section also applies, with the necessary changes, to acts relating to animals and plants in Antarctica. |