Auchinvole Chris: Antarctica (Environmental Protection: Liability Annex) Amendment Bill — First Reading 
Auchinvole Chris: Antarctica (Environmental Protection: Liability Annex) Amendment Bill — First Reading 
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CHRIS AUCHINVOLE (National—West Coast - Tasman) 
: 
 It is a pleasure to follow on from the Hon Nathan Guy and indeed from the Hon Chris Carter; we heard from the previous speaker of his experience as a Minister of Conservation. He talked of the need to guard against accidents from tourism operators and that sort of thing. 
I thought it might be useful to viewers and listeners and indeed to the House to flesh some of those figures out a little bit. In preparation for this speech I noted that in 2003 there were some 13500 visitors to the Antarctic—13500 visitors in the very fragile infrastructure down there. Some 4000 people are there on a permanent basis as part of the Antarctic teams. So in 2003 there were 13500 visitors to the Antarctic but if we look at the figures for 2007 and 2008 we see that the totals have risen to 46000 so the numbers are really increasing in view of the fragile nature of the environment down there. I know of some tourism operators from New Zealand who are very responsible. They will charter vessels that operate only on light diesel so that if there were an accident the diesel would at least evaporate. That is in contrast to other countries whose ships go down there using heavy oil which of course would create a slick and cause untold damage. 
I think this is a most timely bill because the vessels are getting larger and the rescuing of large vessels from that distance and in that environment is a logistical exercise in itself. Anybody who has been responsible for civil defence will of course be able to imagine the complexities and difficulties that would occur because of those large boats which often have incorrect superstructure for the Antarctic. That is a concern. 
I am pleased to be speaking on the Antarctica (Environmental Protection: Liability Annex) Amendment Bill. The bill as the previous speakers have detailed amends the Antarctica (Environmental Protection) Act 1994 by inserting a new Part 5A. It is necessary that we do so because it is important that the Government implements New Zealand’s international treaty obligations regarding liability for environmental emergencies in Antarctica. This bill will implement New Zealand’s obligations under annex VI to the Protocol on Environmental Protection to the Antarctic Treaty. This Government takes its international obligations seriously so it is indeed good to see that this bill enshrines many of those obligations in law. 
Let us delve a little bit into the bill’s background and history. New Zealand is one of the 12 original signatories of the Antarctic Treaty—and is proud to be so—which was signed on 1 December 1959 in Washington DC. New Zealand is also party to the Protocol on Environmental Protection to the Antarctic Treaty concluded by the treaty parties in Madrid Spain in 1991. Annex VI commonly known as the Antarctic liability annex was adopted in 2005 by the 28th Antarctic treaty consultative meeting held in Stockholm Sweden. Though not yet entered into force that will happen once it has been approved by all 28 Antarctic treaty consultative parties including New Zealand. 
 It is without doubt that New Zealand has strong historic links with Antarctica in exploration research and environmental protection and indeed in proximity. This bill solidifies our links and our excellent relationship. If we look into the details of the bill it becomes clear that it is a strong and decisive bill that is eminently sensible and will have an effect on the international scene. In new section 37B an environmental emergency is described as “an accidental event that—(a) results in or imminently threatens to result in a significant and harmful impact on the Antarctic environment;”. Again the fragile nature of that environment makes it vulnerable. 
I believe that another feature of New Zealand vessels taking tourists there is that they are particularly careful with any food scraps because goodness knows what could happen to the avian life if disease were introduced from food refuse thrown overboard. 
This bill requires New Zealand operators whose activities give rise to an environmental emergency to notify the Ministry of Foreign Affairs and Trade and it makes it an offence not to do so. It also requires New Zealand operators to take prompt and effective response action to such an emergency. The bill provides that if a New Zealand operator whose activities give rise to an environmental emergency fails to take a prompt and effective response action then that operator is liable to pay the cost incurred by the annex party that does take responsive action. 
I am delighted with this bill especially as the punishment for these crimes is not in any way lenient but instead reflects the seriousness with which we take the issue. Failing to take prompt and effective response action to an environmental emergency constitutes an offence for which the punishment is a healthy period of imprisonment for up to 2 years or a fine of up to $200000 or both. In addition failing to notify the appropriate authorities when an emergency has been caused is also an offence punishable by imprisonment of up to 12 months a fine of up to $100000 or both. 
This bill is not simply a matter of fulfilling our international obligations. It also recognises and gives effect to the importance of protecting Antarctica’s unique environment. The annex will encourage good environmental practice and ensure international cooperation and action on environmental emergencies in the Antarctic region. I am talking about such things as oil spills the disposal of waste and the impacts of tourism. I think the Antarctic is particularly vulnerable to those impacts if they are not controlled. 
The annex will help protect the natural and unique resources and wildlife in Antarctica. The protocol provides for a comprehensive regime for the protection of the Antarctic environment as well as dependent and associated ecosystems. Under the protocol Antarctica is designated as a natural reserve devoted to peace and science. Indeed Antarctica is a crucial area for environmental research including research into climate and it is an outstanding example of cooperation between scientists from around the world. 
Parties have been working on the liability annex required by the protocol since 1991. I have heard progress on this issue described as glacial and every permutation of approach and philosophy has been tried. It has been a slow but thorough negotiating process for all parties but the general consensus on the protocol as it stands focused mainly on the emergency response action is that it will be effective. In the text of article 16 of the protocol the parties made a commitment to elaborate rules and procedures relating to damage arising from the activities taking place in the Antarctic Treaty area. 
We are fulfilling our obligations and that is important not just for our relationships with other countries. We are also being true to ourselves and to the commitment of New Zealanders who have gone down to the Antarctic and who have done so much to make it known to the world. This bill will achieve what it sets out to do and the National-led Government strongly supports it.