Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698938949729.pdf (New Zealand)
Reprint as at 19 December 2018 Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 (LI 2018/85) Patsy Reddy, Governor-General Order in Council At Wellington this 28th day of May 2018 Present: Her Excellency the Governor-General in Council This order is made under section 55(2)(a) of the Antarctica (Environmental Protec- tion) Act 1994 on the advice and with the consent of the Executive Council.
Contents 1 2 3 Title Commencement Amendment of Schedule 2 of Antarctica (Environmental Protection) Act 1994 Schedule Annex II to the Protocol on Environmental Protection to the Antarctic Treaty replaced Page 2 2 2 2 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Foreign Affairs and Trade.
1 cl 1 1 2 3 (1) (2) Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 Reprinted as at 19 December 2018 Title Order This order is the Antarctica (Environmental Protection) Act (Schedule 2) Order 2018.

Commencement This order comes into force on 28 June 2018.

Order: confirmed, on 19 December 2018, by section 8 of the Subordinate Legislation Confirmation Act (No 2) 2018 (2018 No 56).
Amendment of Schedule 2 of Antarctica (Environmental Protection) Act 1994 This order amends Schedule 2 of the Antarctica (Environmental Protection) Act 1994.

In Schedule 2, replace Annex II with the Annex II set out in the Schedule of this order.
Schedule Annex II to the Protocol on Environmental Protection to the Antarctic Treaty replaced cl 3(2) Annex II to the Protocol on Environmental Protection to the Antarctic Treaty Conservation of Antarctic fauna and flora Article 1 Definitions For the purposes of this Annex: “native mammal” means any member of any species belonging to the Class Mammalia, indigenous to the Antarctic Treaty area or occurring there naturally through migrations; “native bird” means any member, at any stage of its life cycle (including eggs), of any species of the Class Aves indigenous to the Antarctic Treaty area or occurring there naturally through migrations; “native plant” means any member of any species of terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle (including seeds, and other propagules), indigenous to the Antarctic Treaty area; (a) (b) (c) 2 Reprinted as at 19 December 2018 Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 Schedule (d) (e) (f) (g) “native invertebrate” means any member of any species of terrestrial or fresh- water invertebrate, at any stage of its life cycle, indigenous to the Antarctic Treaty area; “appropriate authority” means any person or agency authorised by a Party to issue permits under this Annex; “permit” means a formal permission in writing issued by an appropriate author- ity; “take” or “taking” means to kill, injure, capture, handle or molest a native mammal or bird, or to remove or damage such quantities of native plants or invertebrates that their local distribution or abundance would be significantly affected; (h) “harmful interference” means: (i) (ii) (iii) flying or landing helicopters or other aircraft in a manner that disturbs concentrations of native birds or seals; using vehicles or vessels, including hovercraft and small boats, in a man- ner that disturbs concentrations of native birds or seals; using explosives or firearms in a manner that disturbs concentrations of native birds or seals; (iv) wilfully disturbing breeding or moulting native birds or concentrations of native birds or seals by persons on foot; (v) (vi) significantly damaging concentrations of native terrestrial plants by landing aircraft, driving vehicles, or walking on them, or by other means; and any activity that results in the significant adverse modification of habi- tats of any species or population of native mammal, bird, plant or inver- tebrate.
“International Convention for the Regulation of Whaling” means the Conven- tion done at Washington on 2 December 1946.

“Agreement on the Conservation of Albatrosses and Petrels” means the Agree- ment done at Canberra on 19 June 2001.

Article 2 Cases of emergency This Annex shall not apply in cases of emergency relating to the safety of human life or of ships, aircraft, or equipment and facilities of high value, or the protection of the environment.
Notice of activities undertaken in cases of emergency that result in any taking or harmful interference shall be circulated immediately to all Parties and to the Committee.

(i) (j) 1.

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3 Schedule Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 Reprinted as at 19 December 2018 Article 3 Protection of native fauna and flora 1.

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Taking or harmful interference shall be prohibited, except in accordance with a permit.
Such permits shall specify the authorised activity, including when, where and by whom it is to be conducted and shall be issued only in the following circum- stances: (a) (b) (c) (d) to provide specimens for scientific study or scientific information; to provide specimens for museums, herbaria and botanical gardens, or other educational institutions or uses; to provide specimens for zoological gardens but, in respect of native mammals or birds, only if such specimens cannot be obtained from existing captive collections elsewhere, or if there is a compelling conser- vation requirement; and to provide for unavoidable consequences of scientific activities not otherwise authorised under sub-paragraphs (a), (b) or (c) above, or of the construction and operation of scientific support facilities.
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The issue of such permits shall be limited so as to ensure that: (a) (b) (c) no more native mammals, birds, plants or invertebrates are taken than are strictly necessary to meet the purposes set forth in paragraph 2 above; only small numbers of native mammals or birds are killed, and in no case more are killed from local populations than can, in combination with other permitted takings, normally be replaced by natural reproduc- tion in the following season; and the diversity of species, as well as the habitats essential to their exis- tence, and the balance of the ecological systems existing within the Ant- arctic Treaty area are maintained.
Any species of native mammals, birds, plants and invertebrates listed in Appendix A to this Annex shall be designated “Specially Protected Species”, and shall be accorded special protection by the Parties.

Designation of a species as a Specially Protected Species shall be undertaken according to agreed procedures and criteria adopted by the ATCM.
The Committee shall review and provide advice on the criteria for proposing native mammals, birds, plants or invertebrates for designation as a Specially Protected Species.

Any Party, the Committee, the Scientific Committee on Antarctic Research or the Commission for the Conservation of Antarctic Marine Living Resources may propose a species for designation as a Specially Protected Species by sub- mitting a proposal with justification to the ATCM.

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A permit shall not be issued to a Specially Protected Species unless the taking: 4 Reprinted as at 19 December 2018 Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 Schedule 9.

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(a) is for a compelling scientific purpose; and (b) will not jeopardise the survival or recovery of that species or local popu- lation; The use of lethal techniques on Specially Protected Species shall only be per- mitted where there is no suitable alternative technique.
Proposals for the designation of a species as a Specially Protected Species shall be forwarded to the Committee, the Scientific Committee on Antarctic Research and, for native mammals and birds, the Commission for the Conser- vation of Antarctic Marine Living Resources, and as appropriate, the Meeting of the Parties to the Agreement on the Conservation of Albatrosses and Petrels and other organisations.
In formulating its advice to the ATCM on whether a species should be designated as a Specially Protected Species, the Committee shall take into account any comments provided by the Scientific Committee on Antarctic Research, and, for native mammals and birds, the Commission for the Conservation of Antarctic Marine Living Resources, and as appropriate, the Meeting of the Parties to the Agreement on the Conservation of Albatrosses and Petrels and other organisations.

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All taking of native mammals and birds shall be done in the manner that involves the least degree of pain and suffering practicable.

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Article 4 Introduction of non-native species and diseases No species of living organisms not native to the Antarctic Treaty area shall be introduced onto land or ice shelves, or into water, in the Antarctic Treaty area except in accordance with a permit.

Dogs shall not be introduced onto land, ice shelves or sea ice.
Permits under paragraph 1 above shall: (a) (b) be issued to allow the importation only of cultivated plants and their reproductive propagules for controlled use, and species of living organ- isms for controlled experimental use; and specify the species numbers and, if appropriate, age and sex of the spe- cies to be introduced, along with a rationale, justifying the introduction and precautions to be taken to prevent escape or contact with fauna or flora.
Any species for which a permit has been issued in accordance with paragraphs 1 and 3 above shall, prior to expiration of the permit, be removed from the Ant- arctic Treaty area or be disposed of by incineration or equally effective means that eliminates risk to native fauna or flora.

The permit shall specify this obli- gation.


Any species, including progeny, not native to the Antarctic Treaty area that is introduced into that area without a permit that has been issued in accordance with paragraph 1 and 3 above, shall be removed or disposed of whenever feasi- 5 Schedule Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 Reprinted as at 19 December 2018 ble, unless the removal or disposal would result in a greater adverse environ- mental impact.
Such removal or disposal may include by incineration or by equally effective means, so as to be rendered sterile, unless it is determined that they pose no risk to native flora or fauna.

In addition, all reasonable steps shall be taken to control the consequences of that introduction to avoid harm to native fauna or flora.
Nothing in this Article shall apply to the importation of food into the Antarctic Treaty area provided that no live animals are imported for this purpose and all plants and animal parts and products are kept under carefully controlled condi- tions and disposed of in accordance with Annex III to the Protocol.
Each Party shall require that precautions are taken to prevent the accidental introduction of micro-organisms (e.g., viruses, bacteria, yeasts, fungi) not present naturally in the Antarctic Treaty area.

No live poultry or other living birds shall be brought into the Antarctic Treaty area.
All appropriate efforts shall be made to ensure that poultry or avian prod- ucts imported into Antarctica are free from contamination by diseases (such as Newcastle’s Disease, tuberculosis, and yeast infection) which might be harmful to native flora and fauna.

Any poultry or avian products not consumed shall be removed from the Antarctic Treaty area or disposed of by incineration or equivalent means that eliminates the risks of introduction of micro-organisms (e.g.
viruses, bacteria, yeasts, fungi) to native flora and fauna.

The deliberate introduction of non-sterile soil into the Antarctic Treaty area is prohibited.

Parties should, to the maximum extent practicable, ensure that non- sterile soil is not unintentionally imported into the Antarctic Treaty area.

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Article 5 Information Each Party shall make publicly available information on prohibited activities and Specially Protected Species to all those persons present in or intending to enter the Antarctic Treaty area with a view to ensuring that such persons understand and observe the provisions of this Annex.

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The Parties shall make arrangements for: Article 6 Exchange of information (a) (b) collecting and annually exchanging records (including records of per- mits) and statistics concerning the numbers or quantities of each species of native mammal, bird, plant or invertebrate taken in the Antarctic Treaty area; and obtaining and exchanging information as to the status of native mam- mals, birds, plants, and invertebrates in the Antarctic Treaty area, and the extent to which any species or population needs protection.
As early as possible, after the end of each austral summer season, but in all cases before 1 October of each year, the Parties shall inform the other Parties as 2.

6 Reprinted as at 19 December 2018 Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 Explanatory note well as the Committee of any step taken pursuant to paragraph 1 above and of the number and nature of permits issued under this Annex in the preceding period of 1 April to 31 March.
Article 7 Relationship with other agreements outside the Antarctic Treaty system Nothing in this Annex shall derogate from the rights and obligations of Parties under the International Convention for the Regulation of Whaling.

Article 8 Review The Parties shall keep under continuing review measures for the conservation of Ant- arctic fauna and flora, taking into account any recommendations from the Committee.

Article 9 Amendment or modification 1.

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This Annex may be amended or modified by a measure adopted in accordance with Article IX (1) of the Antarctic Treaty.
Unless the measure specifies other- wise, the amendment or modification shall be deemed to have been approved, and shall become effective, one year after the close of the Antarctic Treaty Consultative Meeting at which it was adopted, unless one or more of the Ant- arctic Treaty Consultative Parties notifies the Depositary, within that time period, that it wishes an extension of that period or that it is unable to approve the measure.
Any amendment or modification of this Annex which becomes effective in accordance with paragraph 1 above shall thereafter become effective as to any other Party when notice of approval by it has been received by the Depositary.

Appendices to the Annex Appendix A—Specially protected species Ommatophoca rossii, Ross Seal.

Michael Webster, Clerk of the Executive Council.

Explanatory note This note is not part of the order, but is intended to indicate its general effect.
The Antarctica (Environmental Protection) Act 1994 sets out, in Schedule 2, the text of the Protocol on Environmental Protection to the Antarctic Treaty.

Annex II of that Protocol has been amended by various measures of the consultative parties to the Antarctic Treaty.
This order, which comes into force on 28 June 2018, replaces Annex 7 Explanatory note Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 Reprinted as at 19 December 2018 II of that Protocol with the current text of that Annex, updated to reflect those amend- ments.

This order is a confirmable instrument under section 47B of the Legislation Act 2012.

It will be revoked at the close of 30 June 2019 unless earlier confirmed by an Act of Parliament.
Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 31 May 2018.

8 Reprinted as at 19 December 2018 Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 Notes Reprints notes 1 General This is a reprint of the Antarctica (Environmental Protection) Act (Schedule 2) Order 2018 that incorporates all the amendments to that order as at the date of the last amendment to it.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint Subordinate Legislation Confirmation Act (No 2) 2018 (2018 No 56): section 8 Wellington, New Zealand: Published under the authority of the New Zealand Government—2019 9