Antarctic Treaties Act, 1996 (Act No. 60 of 1996)RegulationsAntarctic Treaties Regulations, 2021Chapter 3 - Liability arising from Environmental Emergencies11. Response Action |
| (1) | Any authorised operator, operating in or located within the Antarctic Treaty area who causes or is responsible for an environmental emergency shall take immediate steps as contemplated in section 30 of the National Environmental Management Act. For the purposes of these regulations the term ‘relevant authority’ in section 30 shall mean the Minister. |
| (2) | Any other State that wishes to take response action to an environmental emergency must notify the authorised operator and the secretariat of the Antarctic Treaty prior to taking any such response action, except where a threat of significant and harmful impact to the Antarctic environment is imminent and it would be reasonable in all the circumstances to take immediate response action, in which case the relevant State shall notify the authorised operator and the secretariat of the Antarctic Treaty as soon as possible. |
| (3) | Such other State contemplated in sub-regulation (2), shall not take response action to an environmental emergency unless: |
| (a) | A threat of significant and harmful impact to the Antarctic environment is imminent and it would be reasonable in all the circumstances to take immediate response action; or |
| (b) | the authorised operator has failed within a reasonable time to notify the secretariat of the Antarctic Treaty that it will take the response action itself; or |
| (c) | where that response action has not been taken within a reasonable time after such notification. |
| (4) | Where an authorised operator takes response action itself, but is willing to be assisted by another State, the authorised operator shall coordinate the response action as directed by the Minister in terms of sub-regulation (1). |
| (5) | If any authorised operator takes any response action in respect of any other State’s operator or other person, which has caused or was responsible for an environmental emergency, it shall notify the Minister, who shall notify the other State and the secretariat of the Antarctic Treaty of theintention to assist or take action beforehand, except where a threat of significant and harmful impact to the Antarctic Treaty area is imminent and it would be reasonable in all the circumstances to take immediate response action, in which case such authorised operator shall notify the Minister as soon as possible. |
| (6) | An authorised operator shall not take response action to an environmental emergency contemplated in sub-regulation (5) unless: |
| (a) | A threat of significant and harmful impact to the Antarctic environment is imminent and it would be reasonable in all the circumstances to take immediate response action; or |
| (b) | the responsible person or State has failed within a reasonable time to notify the secretariat of the Antarctic Treaty that it will take the response action itself; or |
| (c) | where that response action has not been taken within a reasonable time after such notification. |
| (7) | Where it is unclear which person or State is the responsible person for the environmental emergency, or it appears that there may be more than one person or State responsible, if the authorised operator takes response action, it shall notify the Minister who must consult and notify the secretariat of the Antarctic Treaty of the circumstances. |
| (8) | If any authorised operator takes response action it shall consult and coordinate their action as directed by the Minister and shall, where practicable, take into account all relevant expert guidance which has been provided to the Antarctic Treaty Consultative Meeting. |