Document ID: chunk:federal_register_of_legislation:F2004C00355:body:0:p2
Version: federal_register_of_legislation:F2004C00355
Segment Type: other
Provision Reference: 
Character Range: 2629–5441

Committee for Environmental Protection established under Article 11 of the Madrid Protocol.
generate, in relation to waste, means:
 (a) generate waste in the Antarctic; or
 (b) import into the Antarctic:
 (i) waste; or
 (ii) an article, animal, plant, bacterium, virus, yeast or fungus from which waste is generated by a natural or mechanical process or a process involving human activity.
generator, in relation to waste, means:
 (a) the person or organisation responsible for generating the waste; and
 (b) if another person or organisation has undertaken to manage the waste — the other person or organisation.
glacier ice means ice in, or originating from, a glacier, whether on land or floating in the sea.
ice-free area means an area of the Antarctic, other than sea, that is not permanently covered by ice.
ice pit means a hole or pit in glacier ice, either occurring naturally (such as a crevasse), or constructed.
manage, in relation to waste, includes store, dispose of, and remove.
remove means remove from the Antarctic.

Note   Under section 3 of the Act, unless the contrary intention appears, terms used in both these Regulations and the Madrid Protocol have the same meaning in these Regulations  as in the Protocol.

Part 2 Waste management

Division 1 Planning and conducting waste management

4 Planning and conduct of waste minimisation and management

  A person planning or carrying on an activity in the Antarctic must:
 (a) incorporate, in the planning, measures for:
 (i) minimising the amount; and
 (ii) recycling; and
 (iii) safe storage; and
 (iv) removal; and
 (v) disposal;
  of waste associated with the activity; and
 (b) incorporate, in the planning, all reasonable measures for avoiding the use of poly-vinyl chloride products in the Antarctic; and
 (c) in carrying on the activity — take all reasonable steps to minimise the amount of waste generated or disposed of in the Antarctic.

Division 2 Storage of waste

5 How must waste be stored

 (1) A person storing waste in the Antarctic must take all reasonable steps to prevent dispersal of the waste into the environment before it is removed or disposed of.

Penalty:   20 penalty units.

 (2) An offence under subregulation (1) is an offence of strict liability.

Note   For strict liability, see section 6.1 of the Criminal Code.

Division 3 Removal of waste

6 Waste that must be removed

 (1) The generator must, as soon as practicable, remove any of the following types of waste:
 (a) radio-active material;
 (b) an electrical battery;
 (c) solid or liquid fuel;
 (d) waste containing:
 (i) a harmful level of a heavy metal; or
 (ii) an acutely toxic compound; or
 (iii) a harmful persistent compound;
 (e) poly-vinyl chloride, polyurethane foam, polystyrene foam, rubber, lubricating oils, and treated timber or