Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:2_9:p3
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 2 cl 9 (pt 3/9)
Character Range: 43949–46950

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 dependent and associated ecosystems; and

    (b) co‑operate in the formulation and implementation of such contingency plans.

2. Contingency plans shall include, when appropriate, the following components:

    (a) procedures for conducting an assessment of the nature of the incident;

    (b) notification procedures;

    (c) identification and mobilisation of resources;

    (d) response plans;

    (e) training;

    (f) record keeping; and

    (g) demobilisation.

3. Each Party shall establish and implement procedures for immediate notification of, and co‑operative responses to, environmental emergencies, and shall promote the use of notification procedures and co‑operative response procedures by its operators that cause environmental emergencies.

Article 5

Response Action

1. Each Party shall require each of its operators to take prompt and effective response action to environmental emergencies arising from the activities of that operator.

2. In the event that an operator does not take prompt and effective response action, the Party of that operator and other Parties are encouraged to take such action, including through their agents and operators specifically authorised by them to take such action on their behalf.

    3. (a) Other Parties wishing to take response action to an environmental emergency pursuant to paragraph 2 above shall notify their intention to the Party of the operator and the Secretariat of the Antarctic Treaty beforehand with a view to the Party of the operator taking response action itself, except where a threat of significant and harmful impact to the Antarctic environment is imminent and it would be reasonable in all the circumstances to take immediate response action, in which case they shall notify the Party of the operator and the Secretariat of the Antarctic Treaty as soon as possible.

    (b) Such other Parties shall not take response action to an environmental emergency pursuant to paragraph 2 above, unless a threat of significant and harmful impact to the Antarctic environment is imminent and it would be reasonable in all the circumstances to take immediate response action, or the Party of the operator has failed within a reasonable time to notify the Secretariat of the Antarctic Treaty that it will take the response action itself, or where that response action has not been taken within a reasonable time after such notification.

    (c) In the case that the Party of the operator takes response action itself, but is willing to be assisted by another Party or Parties, the Party of the operator shall coordinate the response action.

4. However, where it is unclear which, if any, Party is the Party of