Convention on the Regulation of Antarctic Mineral Resource Activities

 

Article 41

Action by the Commission

1 The Commission shall, as soon as possible after receipt of the report of the
Special Meeting of Parties, consider whether or not it will identify an area as
requested. Taking full account of the views and giving special weight to the
conclusions of the Special Meeting of Parties, and taking full account of the
views and the conclusions of the Advisory Committee, the Commission shall
determine whether such identification would be consistent with this Convention.
For this purpose:

(a) the Commission shall ensure that an area to be identified shall be such
that, taking into account factors relevant to such identification, including the
physical, geological, environmental and other characteristics of such area, it
forms a coherent unit for the purposes of resource management. The Commission
shall thus consider whether an area to be identified should include all or part
of that which was requested in the notification and, subject to the necessary
assessments having been made, adjacent areas not covered by that notification;

(b) the Commission shall consider whether there are, within an area requested or
to be identified, any areas in which exploration and development are or should
be prohibited or restricted in accordance with Article 13;

(c) the Commission shall specify the mineral resource or resources for which the
area would be identified;

(d) the Commission shall give effect to Article 6, by elaborating opportunities
for joint ventures or different forms of participation, up to a defined level,
including procedures for offering such participation, in possible exploration
and development, within the area, by interested Parties which are Antarctic
Treaty Consultative Parties and by other interested Parties, in particular,
developing countries in either category;

(e) the Commission shall prescribe any additional associated conditions
necessary to ensure that an area to be identified is consistent with other
provisions of this Convention and may prescribe general guidelines relating to
the operational requirements for exploration and development in an area to be
identified including measures establishing maximum block sizes and advice
concerning related support activities; and

(f) the Commission shall give effect to the requirement in Article 59 to
establish additional procedures for the Settlement of Disputes .

2 After it has completed its consideration in accordance with paragraph 1 above,
the Commission shall identify an area for possible exploration and development
if there is a consensus of Commission members that such identification is
consistent with this Convention.

Article 42

Revision in the Scope of an Identified Area

1 If, after an area has been identified in accordance with Article 41, a Party
requests identification of an all or part of which is contained within the
boundaries of the area already identified but in respect of a mineral
resource or resources different from any resource in respect of which the area
has already been identified, the request shall be dealt with in accordance with
Articles 39, 40 and 41. Should the Commission identify an area in respect of
such different mineral resource or resources, it shall have regard, in addition
to the requirements of Article 41(1)(a), to the desirability of specifying the
boundaries of the area in such a way that it can be assigned to the Regulatory
Committee with competence for the area already identified.

2 In the light of increased knowledge bearing on the effective management of the
area, and after seeking the views of the Advisory Committee and the relevant
Regulatory Committee, the Commission may amend the boundaries of any area it has
identified. In making any such amendment the Commission shall ensure that
authorised exploration and development in the area are not adversely affected.
Unless there are compelling reasons for doing so, the Commission shall not amend
the boundaries of an area it has identified in such a way as to involve a change
in the composition of the relevant Regulatory Committee.

Article 43

Preparatory Work by Regulatory Committees

1 As soon as possible after the identification of an area pursuant to Article
41, the relevant Regulatory Committee established in accordance with Article 29
shall be convened.

2 The Regulatory Committee shall:

(a) subject to any measures adopted by the Commission pursuant to Article
21(1)(j) relating to maximum block sizes, divide its area of competence into
blocks in respect of which applications for exploration and development may be
submitted and make provision for a limit in appropriate circumstances on the
number of blocks to be accorded to any Party;

(b) subject to any measures adopted by the Commission pursuant to Article
21(1)(p), establish fees to be paid with any application for an exploration or
development permit lodged pursuant to Article 44 or 53;

(c) establish periods within which applications for exploration and development
may be lodged, all applications received within each such period being
considered as simultaneous;

(d) establish procedures for the handling of applications; and

(e) determine a method of resolving competing applications which are not
resolved in accordance with Article 45(4)(a), which method shall, provided that
all other requirements of this Convention are satisfied and consistently with
measures adopted pursuant to Article 41(1)(d), include priority for the
application with the broadest participation among interested Parties which are
Antarctic Treaty Consultative Parties and other interested Parties, in
particular, developing countries in either category.

3 The Regulatory Committee shall adopt guidelines which are consistent with, and
which taken together with, the provisions of this Convention and measures of
general applicability adopted by the Commission, as well as associated
conditions and general guidelines adopted by the Commission when identifying the
area, shall, by addressing the relevant items in Article 47, identify the
general requirements for exploration and development in its area of competence.

4 Upon adoption of guidelines under paragraph 3 above the Executive Secretary
shall, without delay, inform all members of the Commission of the decisions
taken by the Regulatory Committee pursuant to paragraphs 2 and 3 above and shall
make them publicly available together with relevant measures, associated
conditions and general guidelines adopted by the Commission.

5 The Regulatory Committee may from time to time revise guidelines adopted under
paragraph 3 above, taking into account any views of the Commission.

6 In performing its functions under paragraphs 3 and 5 above, the Regulatory
Committee shall seek and take full account of the views of the Advisory
Committee provided in accordance with Article 26.

Article 44

Application for an Exploration Permit

1 Following completion of the work undertaken pursuant to Article 43, any Party,
on behalf of an Operator for which it is the Sponsoring State, may lodge with
the Regulatory Committee an application for an exploration permit within the
periods established by the Regulatory Committee pursuant to Article 43(2)(c).

2 An application shall be accompanied by the fees established by the
Regulatory Committee in accordance with Article 43(2)(b) and shall contain:

(a) a detailed description of the Operator, including its managerial structure,
financial composition and resources and technical expertise, and, in the case of
an Operator being a joint venture, the inclusion of a detailed description of
the degree to which Parties are involved in the Operator through, inter alia,
juridical persons with which Parties have substantial and genuine links, so that
each component of the joint venture can be easily attributed to a Party or
Parties for the purposes of identifying the level of Antarctic mineral
resource activities thereof, which description of substantial and genuine links
shall include a description of equity sharing;

(b) a detailed description of the proposed exploration activities and a
description in as much detail as possible of proposed development activities,
including:

(i) an identification of the mineral resource or resources and the block to
which the application applies;

(ii) a detailed explanation of how the proposed activities conform with the
general requirements referred to in Article 43(3);

(iii) a detailed assessment of the environmental and other impacts of the
proposed activities, taking into account Articles 15 and 26(4); and

(iv) a description of the capacity to respond effectively to accidents,
especially those with potential environmental effects;

(c) a certification by the Sponsoring State of the capacity of the Operator to
comply with the general requirements referred to in Article 43(3);

(d) a certification by the Sponsoring State of the technical competence and
financial capacity of the Operator and that the Operator has a substantial and
genuine link with it as defined in Article 1(12);

(e) a description of the manner in which the application complies with any
measures adopted by the Commission pursuant to Article 41(1)(d); and

(f) such further information as may be required by the Regulatory Committee or
in measures adopted by the Commission.

 

Author: international

Mentioned in these Entries

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