Convention on the Regulation of Antarctic Mineral Resource Activities

 

Chapter III: Prospecting

Article 37

Prospecting

1 Prospecting shall not confer upon any Operator any right to Antarctic mineral
resources.

2 Prospecting shall at all times be conducted in compliance with this

Convention and with measures in effect pursuant to this Convention, but shall
not require authorisation by the institutions of this Convention.

3 (a) The Sponsoring State shall ensure that its Operators undertaking
prospecting maintain the necessary financial and technical means to comply with
Article 8(1), and, to the extent that any such Operator fails to take response
action as required in Article 8(1), shall ensure that this is undertaken.

(b) The Sponsoring State shall also ensure that its Operators undertaking
prospecting maintain financial capacity, comensurate with the nature and level
of the activity undertaken and the risks involved, to comply with Article 8(2).

4 In cases where more than one Operator is engaged in prospecting in the same
general area, the Sponsoring State or States shall ensure that those Operators
conduct their activities with due regard to each others’ rights.

5 Where an Operator wishes to conduct prospecting in an area identified under
Article 41 in which another Operator has been authorised to undertake
exploration or development, the Sponsoring State shall ensure that such
prospecting is carried out subject to the rights of any authorised Operator and
any requirements to protect its rights specified by the relevant Regulatory
Committee.

6 Each Operator shall ensure upon cessation of prospecting the removal of all
installations and equipment and site rehabilitation. On the request of the
Sponsoring State, the Commission may waive the obligation to remove
installations and equipment.

7 The Sponsoring State Shall notify the Commission at least nine months in
advance of the commencement of planned prospecting. The notification shall be
accompanied by such fees as may be established by the Commission in accordance
with Article 21(1)(p) and shall:

(a) identify, by reference to coordinates of latitude and longitude or
identifiable geographic features, the general area in which the prospecting is
to take place;

(b) broadly identify the mineral resource or resources which are to be the
subject of the prospecting;

(c) describe the prospecting, including the methods to be used, and the general
programme of work to be undertaken and its expected duration;

(d) provide an assessment of the possible environmental and other impacts of the
prospecting, taking into account possible cumulative impacts as referred to in
Article 4(5);

(e) describe the measures, including monitoring programmes, to be adopted to
avoid harmful environmental consequences or undue interference with other
established uses of Antarctica, and outline the measures to be put into effect
in the event of any accident and contingency plans for evacuation in an
emergency;

(f) provide details on the Operator and certify that it:

(i) has a substantial and genuine link with the Sponsoring State as defined in
Article 1(12); and

(ii) is financially and technically qualified to carry out the proposed
prospecting in accordance with this Convention; and

(g) provide such further information as may be required by measures adopted by
the Commission.

8 The Sponsoring State shall subsequently provide to the Commission:

(a) notification of any changes to the information referred to in paragraph 7
above;

(b) notification of the cessation of prospecting, including removal of any
installations and equipment as well as site rehabilitation; and

(c) a general annual report on the prospecting undertaken by the Operator.

9 Notifications and reports submitted pursuant to this Article shall be
circulated by the Executive Secretary without delay to all Parties and observers
attending Commission meetings.

10 Paragraphs 7, 8 and 9 above shall not be interpreted as requiring
the disclosure of data and information of commercial value.

11 The Sponsoring State shall ensure that basic data and information of
commercial value generated by prospecting are maintained in archives and may at
any time release part of or all such data and information, on conditions which
it shall establish, for scientific or environmental purposes.

12 The Sponsoring State shall ensure that basic data and information, other than
interpretative data, generated by prospecting are made readily available when
such data and information are not, or are no longer, of commercial value and, in
any event, no later than 10 years after the year the data and information were
collected, unless it certifies to the Commission that the data and information
continue to have commercial value. It shall review at regular intervals whether
such data and information may be released and shall report the results of such
reviews to the Commission.

13 The Commission may adopt measures consistent with this Article relating to
the release of data and information of commercial value including requirements
for certifications, the frequency of reviews and maximum time limits for
extensions of the protection of such data and information.

Article 38

Consideration of Prospecting by the Commission

1 If a member of the Commission considers that a notification submitted in
accordance with Article 37(7) or (8), or ongoing prospecting, causes concern as
to consistency with this Convention or measures in effect pursuant thereto, that
member may request the Sponsoring State to provide a clarification. If that
member considers that an adequate response is not forthcoming from the
Sponsoring State within a reasonable time, the member may request that the
Commission be convened in accordance with Article 19(2)(b) to consider the
question and take appropriate action.

2 If measures applicable to all relevant Operators are adopted by the Commission
following a request made in accordance with paragraph 1 above, Sponsoring States
that have submitted notifications in accordance with Article 37(7) or (8), and
Sponsoring States whose Operators are conducting prospecting, shall ensure that
the plans and activities of their Operators are modified to the extent necessary
to conform with those measures within such time limit as the Commission may
prescribe, and shall notify the Commission accordingly.

Chapter IV: Exploration

Article 39

Requests for Identification of an Area for Possible Exploration and
Development

1 Any Party may submit to the Executive Secretary a notification requesting that
the Commission identify an area for possible exploration and development of a
particular mineral resource or resources.

2 Any such notification shall be accompanied by such as may be established by
the Commission in accordance Article 21(1)(p) and shall contain:

(a) a precise delineation, including coordinates, of the area proposed for
identification;

(b) specification of the resource or resources for which the area would be
identified and any relevant data and information, excluding data and information
of commercial value, concerning that resource or those resources, including a
geological description of the proposed area;

(c) a detailed description of the physical and environmental characteristics of
the proposed area;

(d) a description of the likely scale of exploration and development for the
resource or resources involved in the proposed area and of the methods which
could be employed in such exploration and development;

(e) a detailed assessment of the environmental and other impacts of possible
exploration and development for the resource or resources involved, taking into
account Articles 15 and 26(4); and

(f) such other information as may be required pursuant to measures adopted by
the Commission.

3 A notification under paragraph 1 above shall be referred promptly by the
Executive Secretary to Parties and shall be circulated to observers attending
the meeting of the Commission to be convened pursuant to Article 19(2)(a).

Article 40

Action by the Advisory Committee and Special Meeting of Parties

1 The Advisory Committee shall meet as soon as possible after the meeting of the
Commission convened pursuant to Article 19(2)(a) has commenced. The Advisory
Committee shall provide advice to the Commission on the notification submitted
pursuant to Article 39(1). The Commission may prescribe a time limit for the
provision of such advice.

2 A Special Meeting of Parties shall meet as soon as possible after circulation
of the report of the Advisory Committee and in any event not later than two
months after that report has been circulated.

3 The Special Meeting of Parties shall consider whether identification of an
area by the Commission in accordance with the request contained in the
notification would be consistent with this Convention, and shall report thereon
to the Commission as soon as possible and in any event not later than 21 days
from the commencement of the meeting.

4 The report of the Special Meeting of Parties to the Commission shall reflect
the conclusions reached and all the views expressed by Parties participating in
the meeting.

 

Author: international

Mentioned in these Entries

Convention on the Regulation of Antarctic Mineral Resource Activities, The Antarctic Treaty.