Document ID: chunk:federal_register_of_legislation:F2013L01343:front:0:p11
Version: federal_register_of_legislation:F2013L01343
Segment Type: other
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Character Range: 27644–30540

current plans).

ASPA and ASMA management plans explain reasons for designation, identify zones (such as the Visual Protection Zone in this site), and set conditions under which permits may be granted, and other conditions applying to access and activities which may be carried out in the area.

ASPA and ASMA management plans are reviewed every 5 years as a minimum. The most recently approved versions are available on the Antarctic Treaty Secretariat website, under 'Information – List and status of ASPA and ASMA management plans': http://www.ats.aq/e/ep_protected.htm

Australian Legislation

 Antarctic Treaty (Environmental Protection) Act 1980

Australia's obligations under the Madrid Protocol are given effect by the Antarctic Treaty (Environmental Protection) Act 1980 (ATEP Act). Works parties, tourist visits and other private and Australian Government visitors to Cape Denison are subject to the ATEP Act.

The ATEP Act requires that all Australian activities in the Antarctic undergo environmental impact assessment before they commence. The proponent of the activity must provide a preliminary assessment of the likely environmental impacts of their proposed activity, which is used to assess whether the activity is likely to have (i) more than a minor or transitory impact; (ii) a minor or transitory impact; or (iii) no more than a negligible impact on the environment. The AAD then advises the Minister or delegate of this assessment.

If the Minister (or delegate) considers that the environmental impact is likely to be less than minor or transitory, the Minister grants the proponent a written authorisation to carry on the activity. The Minister may also choose to impose conditions to protect the environment. More detailed assessments are required for activities likely to involve higher levels of impact. For the purposes of the Madrid Protocol and the ATEP Act, the environment includes heritage values.

The ATEP Act (section 19(1) (d)) prohibits entering or carrying on any activity in an ASPA without a permit. An environmental impact assessment of such an activity is a prerequisite for a permit authorising access to the ASPA. In issuing a permit, the Minister is authorised to impose conditions. The AAD administers the granting of permits by delegation from the Minister.

Environment Protection and Biodiversity Conservation Act 1999

Mawson's Huts Historic Site is listed on Australia's National and Commonwealth Heritage Lists under Part 15 Divisions 1A and 3A of the EPBC Act. The Act requires the responsible government agency, in this case the AAD, to make a plan to protect and manage the National and Commonwealth Heritage values of such places that it owns or controls.

Since the site is listed as both a National and Commonwealth Heritage place, sections 324S and 341S of the EPBC Act requires that the Environment Minister make a plan to protect and