Document ID: chunk:federal_register_of_legislation:C2010A00023:clause:1_32:p1
Version: federal_register_of_legislation:C2010A00023
Segment Type: clause
Provision Reference: sch 1 cl 32 (pt 1/5)
Character Range: 15180–18090

32  Schedule 3 (Annex II to the Protocol on Environmental Protection to the Antarctic Treaty)
Repeal the Annex, substitute:

ANNEX II TO THE PROTOCOL ON ENVIRONMENTAL PROTECTION TO THE ANTARCTIC TREATY

CONSERVATION OF ANTARCTIC FAUNA AND FLORA

ARTICLE 1

DEFINITIONS
  For the purposes of this Annex:
 (a) "native mammal" means any member of any species belonging to the Class Mammalia, indigenous to the Antarctic Treaty area or occurring there naturally through migrations;
 (b) "native bird" means any member, at any stage of its life cycle (including eggs), of any species of the Class Aves indigenous to the Antarctic Treaty area or occurring there naturally through migrations;
 (c) "native plant" means any member of any species of terrestrial or freshwater vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle (including seeds, and other propagules), indigenous to the Antarctic Treaty area;
 (d) "native invertebrate" means any member of any species of terrestrial or freshwater invertebrate, at any stage of its life cycle, indigenous to the Antarctic Treaty area;
 (e) "appropriate authority" means any person or agency authorised by a Party to issue permits under this Annex;
 (f) "permit" means a formal permission in writing issued by an appropriate authority;
 (g) "take" or "taking" means to kill, injure, capture, handle or molest a native mammal or bird, or to remove or damage such quantities of native plants or invertebrates that their local distribution or abundance would be significantly affected;
 (h) "harmful interference" means:
 (i) flying or landing helicopters or other aircraft in a manner that disturbs concentrations of native birds or seals;
 (ii) using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of native birds or seals;
 (iii) using explosives or firearms in a manner that disturbs concentrations of native birds or seals;
 (iv) wilfully disturbing breeding or moulting native birds or concentrations of native birds or seals by persons on foot;
 (v) significantly damaging concentrations of native terrestrial plants by landing aircraft, driving vehicles, or walking on them, or by other means; and
 (vi) any activity that results in the significant adverse modification of habitats of any species or population of native mammal, bird, plant or invertebrate.
 (i) "International Convention for the Regulation of Whaling" means the Convention done at Washington on 2 December 1946.
 (j) "Agreement on the Conservation of Albatrosses and Petrels" means the Agreement done at Canberra on 19 June 2001.

ARTICLE 2

CASES OF EMERGENCY
 1. This Annex shall not apply in cases of emergency relating to the safety of human life or of ships, aircraft, or equipment and facilities of high value, or the protection of the environment.
 2. Notice of activities undertaken in cases of