Convention on the Regulation of Antarctic Mineral Resource Activities

 

Article 50

Rights of Authorized Operators

1 No Management Scheme shall be suspended or modified and no Management Scheme,
exploration or development permit shall be cancelled without the consent of the
Sponsoring State except pursuant to Article 51, or Article 54 or the Management
Scheme itself.

2 Each Operator authorised to conduct activities pursuant to a Management Scheme
shall exercise its rights due regard to the rights of other Operators
undertaking exploration or development in the same identified area.

Article 51

Suspension, Modification or Cancellation of the Management Scheme and
Monetary Penalties

1 If a Regulatory Committee determines that exploration or development
authorised pursuant to a Management Scheme has resulted or is about to result in
impacts on the Antarctic environment or dependent or associated ecosystems
beyond those judged acceptable pursuant to this Convention, it shall suspend the
relevant activities and as soon as possible modify the Management Scheme so as
to avoid such impacts. If such impacts cannot be avoided by the modification of
the Management Scheme, the Regulatory Committee shall suspend it, or cancel it
and the exploration or development permit.

2 In performing its functions under paragraph 1 above a Regulatory Committee
shall, unless emergency action is required, seek and take into account the views
of the Advisory Committee.

3 If a Regulatory Committee determines that an Operator has failed to comply
with this Convention or with measures in effect pursuant to it or a Management
Scheme applicable to that Operator, the Regulatory Committee may do all or any
of the following:

(a) modify the Management Scheme;

(b) suspend the Management Scheme;

(c) cancel the Management Scheme and the exploration or development permit; and

(d) impose a monetary penalty. %
4 Sanctions determined pursuant to paragraph 3(a) to (d) above shall be
proportionate to the seriousness of the failure to comply.

5 A Regulatory Committee shall cancel a Management Scheme and the exploration or
development permit if an Operator ceases to have a substantial and genuine link
with the Sponsoring State as defined in Article 1(12).

6. The Commission shall adopt general measures, which may include
mitigation, relating to action by Regulatory Committees pursuant to paragraphs 1
and 3 above and, as appropriate, to the consequences of such action. No
application pursuant to Article 44 may be lodged until such measures have come
into effect.

Article 52

Monitoring in Relation to Management Schemes

1. Each Regulatory Committee shall monitor the compliance of Operators with
Management Schemes within its area of competence.

2. Each Regulatory Committee, taking into account the advice of the Advisory
Committee, shall monitor and assess the effects on the Antarctic environment and
on dependent and on associated ecosystems of Antarctic mineral resource
activities within its area of competence, particularly by reference to key
environmental parameters and ecosystem components.

3. Each Regulatory Committee shall, as appropriate, inform the Commission and
the Advisory Committee in a timely fashion of monitoring under this Article.

 

Chapter V: Development

Article 53

Application for a Development Permit

1. At any time during the period in which an approved Management Scheme and
exploration permit are in force for an Operator, the Sponsoring State may, on
behalf of that Operator, lodge with the Regulatory Committee an application
for a development permit.

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) an updated description of the planned development identifying any
modifications proposed to the approved Management Scheme and any additional
measures to be taken, consequent upon such modifications, to ensure consistency
with this Convention, including any measures in effect pursuant thereto and the
general requirements referred to in Article 43(3);

(b) a detailed assessment of the environmental and other impacts of the planned
development, taking into account Articles 15 and 26(4);

(c) a recertification 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);

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

(e) updated information in relation to all other matters specified in Article
44(2); and

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

Article 54

Examination of Applications and Issue of Development Permits

1 The Regulatory Committee shall meet as soon as possible after an application
has been lodged pursuant to Article 53.

2 The Regulatory Committee shall determine whether the application contains
sufficient or adequate information pursuant to Article 53(2). In performing
this function it at any time seek further information from the Sponsoring State
consistent with Article 53(2).

3 The Regulatory Committee shall consider whether:

(a) the application reveals modifications to the planned development previously
envisaged;

(b) the planned development would cause previously unforeseen impacts on the
Antarctic environment or dependent or associated ecosystems, either as a result
of any modifications referred to in subparagraph (a) above or in the light of
increased knowledge.

4 The Regulatory Committee shall consider any modifications to the
Management Scheme necessary in the light of paragraph 3 above to ensure that the
development activities proposed would be undertaken consistently with this
Convention as well as measures in effect pursuant thereto and the general
requirements referred to in Article 43(3). However, the financial obligations
specified in the approved Management Scheme may not be revised without the
consent of the Sponsoring State, unless provided for in the Management Scheme
itself.

5 If the Regulatory Committee in accordance with Article 32 approves
modifications under paragraph 4 above or if it does not consider that such
modifications are necessary, the Regulatory Committee shall issue without delay
a development permit.

6 In performing its functions under this Article, the Regulatory Committee shall
seek and take full account of the views of the Advisory Committee. To that end
the Regulatory Committee shall refer to the Advisory Committee all parts of the
application which are necessary for it to provide advice pursuant to Article 26,
together with any other relevant information.

 

Author: international

Mentioned in these Entries

Convention on the Regulation of Antarctic Mineral Resource Activities.