Document ID: chunk:federal_register_of_legislation:C2024C00551:section:8
Version: federal_register_of_legislation:C2024C00551
Segment Type: section
Provision Reference: s 8
Character Range: 22971–25082

8  Antarctic specially protected areas etc.
 (1) In this section:
area means:
 (a) an area of land or sea within the Antarctic; or
 (b) an area of any such land and any such sea.
 (2) Subject to subsection (4), the Governor‑General may:
 (a) by Proclamation, declare an area specified in the Proclamation to be an Antarctic specially protected area; and
 (b) by the same or by another Proclamation, declare an area specified in the Proclamation to be an Antarctic specially managed area.
 (3) An area may not be declared to be an Antarctic specially protected area or an Antarctic specially managed area unless the Antarctic Treaty Consultative Parties have adopted a management plan in respect of the area under Article 6 of Annex V to the Madrid Protocol.
 (4) If an area is declared by Proclamation under subsection (2) to be an Antarctic specially protected area or an Antarctic specially managed area:
 (a) the subsoil beneath any land within the area, extending to the depth below the surface that is specified in the Proclamation; and
 (b) the waters and sea‑bed beneath any ice shelf or sea within the area; and
 (c) the subsoil beneath any such sea‑bed, extending to the depth below the sea‑bed that is specified in the Proclamation;
is taken to be within the Antarctic specially protected area or the Antarctic specially managed area.
 (5) An area that was, immediately before the commencement of this section, a specially protected area or a site of special scientific interest is taken, for the purposes of this Act, to have been declared to be an Antarctic specially protected area by a Proclamation made under subsection (2) on the commencement of this section.
 (6) The Governor‑General may, by Proclamation:
 (a) vary the boundaries of an Antarctic specially protected area or Antarctic specially managed area in accordance with an amendment of the management plan adopted by the Antarctic Treaty Consultative Parties; or
 (b) revoke a declaration made, or taken to have been made, under subsection (2) if the management plan in respect of the area to which the declaration relates is revoked.