Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:2_9:p2
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 2 cl 9 (pt 2/9)
Character Range: 41147–44245

Antarctic Treaty Consultative Meeting;

(b) "Environmental emergency" means any accidental event that has occurred, having taken place after the entry into force of this Annex, and that results in, or imminently threatens to result in, any significant and harmful impact on the Antarctic environment;

(c) "Operator" means any natural or juridical person, whether governmental or nongovernmental, which organises activities to be carried out in the Antarctic Treaty area. An operator does not include a natural person who is an employee, contractor, subcontractor, or agent of, or who is in the service of, a natural or juridical person, whether governmental or non‑governmental, which organises activities to be carried out in the Antarctic Treaty area, and does not include a juridical person that is a contractor or subcontractor acting on behalf of a State operator;

(d) "Operator of the Party" means an operator that organises, in that Party's territory, activities to be carried out in the Antarctic Treaty area, and:

    (i) those activities are subject to authorisation by that Party for the Antarctic Treaty area; or

    (ii) in the case of a Party which does not formally authorise activities for the Antarctic Treaty area, those activities are subject to a comparable regulatory process by that Party.

The terms "its operator", "Party of the operator", and "Party of that operator" shall be interpreted in accordance with this definition;

(e) "Reasonable", as applied to preventative measures and response action, means measures or actions which are appropriate, practicable, proportionate and based on the availability of objective criteria and information, including:

    (i) risks to the Antarctic environment, and the rate of its natural recovery;

    (ii) risks to human life and safety; and

    (iii) technological and economic feasibility;

(f) "Response action" means reasonable measures taken after an environmental emergency has occurred to avoid, minimise or contain the impact of that environmental emergency, which to that end may include clean‑up in appropriate circumstances, and includes determining the extent of that emergency and its impact;

(g) "The Parties" means the States for which this Annex has become effective in accordance with Article 9 of the Protocol.

Article 3

Preventative Measures

1. Each Party shall require its operators to undertake reasonable preventative measures that are designed to reduce the risk of environmental emergencies and their potential adverse impact.

2. Preventative measures may include:

    (a) specialised structures or equipment incorporated into the design and construction of facilities and means of transportation;

    (b) specialised procedures incorporated into the operation or maintenance of facilities and means of transportation; and

    (c) specialised training of personnel.

Article 4

Contingency Plans

1. Each Party shall require its operators to:

    (a) establish contingency plans for responses to incidents with potential adverse impacts on the Antarctic environment or