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ANTARCTIC TREATY (ENVIRONMENT PROTECTION) ACT 1980 - SECT 9

Grant and renewal of permit

  (1)   On application to the Minister in the prescribed form (or, if no form is prescribed, in a form approved by the Minister), the Minister may grant a person a permit in writing authorising the person, and any other person named in the permit, to carry on, during a specified period, one or more of the activities specified in the permit.

  (1AA)   The activities that may be authorised by a permit are the following:

  (a)   an activity that has a result mentioned in paragraph   19(1A)(b);

  (b)   an activity mentioned in paragraph   19(1)(b);

  (c)   an activity mentioned in paragraph   19(1)(c);

  (d)   an activity mentioned in paragraph   19(1)(d);

  (e)   an activity mentioned in subsection   19(2) (other than paragraph   (g));

  (f)   an activity mentioned in paragraphs 19AA(1)(a) and (b);

  (g)   an activity mentioned in paragraph   19AA(2)(a), if the rock or meteorite is to be gathered or collected in the Antarctic;

  (h)   an activity mentioned in paragraph   19AB(a), if the seal, bird or plant is a native seal, native bird or native plant.

  (1AB)   Subsection   (1) is subject to this section and to section   10.

  (1AC)   The Minister may grant a permit under subsection   (1) subject to such conditions as the Minister thinks fit.

  (1A)   The permit must specify the area in which the activity is to be carried on.

  (2)   In deciding whether to grant a permit, and in determining the conditions and limitations to which a permit is to be subject, the Minister must have regard to:

  (a)   the purposes and principles of the Madrid Protocol; and

  (b)   if the decision could affect a seal in seas to which the Seals Convention applies--the purposes and principles of the Seals Convention.

  (2A)   The Minister may not grant a permit authorising an activity to which Part   3 applies unless the Minister has, under that Part, authorised the proponent of the activity (within the meaning of that Part) to carry on the activity.

  (2B)   The Minister may not grant a permit authorising a person to carry on an activity in a CEMP site unless a permit authorising the person to enter the site has been granted:

  (a)   under regulations made under the Antarctic Marine Living Resources Conservation Act 1981 ; or

  (b)   by another Contracting Party to the CAMLR Convention.

  (3)   An application made under subsection   (1) by an expedition or organization shall specify:

  (a)   in the case of an expedition--every member of the expedition; or

  (b)   in the case of an organization--every person authorized by the organization to act on its behalf;

and the permit may be expressed to apply to all those members or persons or to such of them as are specified in the permit.

  (4)   Where, subsequent to the grant of a permit to an organization, the persons authorized to act on behalf of the organization include a person or persons not referred to in subsection   (3), the organization shall forthwith inform the Minister accordingly, and the Minister may, by notice in writing to the organization, extend or refuse to extend the application of the permit to that person or those persons.

  (5)   The Minister shall cause to be kept, in such manner and at such place as he or she directs, a register of permits in force from time to time, showing the purpose for which and the conditions upon which each permit was granted and such other matters relating to each permit as the Minister thinks fit.

  (7)   In this section, grant includes grant by way of renewal.



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