Convention on the Regulation of Antarctic Mineral Resource Activities

 

Article 12

Inspection under this Convention

1 In order to promote the objectives and principles and to ensure the observance
of this Convention and measures in effect pursuant to it, all stations,
installations and equipment relating to Antarctic mineral resource
activities in the area in which these activities are regulated by this
Convention, as well as ships and aircraft supporting such activities at points
of discharging or embarking cargoes or personnel anywhere in that area shall be
open at all times to inspection by:

(a) observers designated by any member of the Commission who shall be nationals
of that member; and

(b) observers designated by the Commission or relevant Regulatory Committees.

2 Aerial inspection may be carried out at any time over the area in which
Antarctic mineral resource activities are regulated by this Convention.

3 The Commission shall maintain an up-to-date list of observers designated
pursuant to paragraph 1(a) and (b) above.

4 Reports from the observers shall be transmitted to the Commission and to any
Regulatory Committee having competence in the area where the inspection has been
carried out.

5 Observers shall avoid interference with the safe and normal operations of
stations, installations and equipment visited and shall respect measures adopted
by the Commission to protect confidentiality of data and information.

6 Inspections undertaken pursuant to paragraph 1(a) and (b) above shall be
compatible and reinforce each other and shall not impose an undue burden on the
operation of stations, installations and equipment visited.

7 In order to facilitate the exercise of their functions under this Convention,
and without prejudice to the respective positions of the Parties relating to
jurisdiction over all other persons in the area in which Antarctic mineral
resource activities are regulated by this Convention, observers designated under
this Article shall be subject only to the jurisdiction of the Party of which
they are nationals in respect of all acts or omissions occurring while they are
in that area for the purpose of exercising their functions.

8 No exploration or development shall take place in an area identified pursuant
to Article 41 until effective provision has been made for inspection in that
area.

Article 13

Protected areas
1 Antarctic mineral resource activities shall be prohibited in any area
designated as a Specially Protected Area or a Site of Special Scientific
Interest under Article IX(1) of The Antarctic Treaty . Such activities shall
also be prohibited in any other area designated as a protected area in
accordance with Article IX(1) of The Antarctic Treaty , except to the extent that
the relevant measure provides otherwise. Pending any designation becoming
effective in accordance with article IX(4) of the Antarctic Treaty, no
Antarctic mineral resource activities shall take place in any such area which
would prejudice the purpose for which it was designated.

2 The Commission shall also prohibit or restrict Antarctic mineral resource
activities in any area which, for historic, ecological, environmental,
scientific or other reasons, it has designated as a protected area.

3 In exercising its powers under paragraph 2 above or under Article 41 the
Commission shall consider whether to restrict or prohibit Antarctic mineral
resource activities in any area, in addition to those referred to in paragraph 1
above, protected or set aside pursuant to provisions of other components of the
Antarctic Treaty system, to ensure the purposes for which they are designated.

4 In relation to any area in which Antarctic mineral resource activities are
prohibited or restricted in accordance with paragraph 1, 2 or 3 above, the
Commission shall consider whether, for the purposes of Article 4(2)(e), it would
be prudent, additionally, to prohibit or restrict Antarctic mineral resource
activities in adjacent areas for the purpose of creating a buffer zone.

5 The Commission shall give effect to Article 10(2) in acting pursuant to
paragraphs 2, 3 and 4 above.

6 The Commission shall, where appropriate, bring any decisions it takes pursuant
to this Article to the attention of the Antarctic Treaty Consultative Parties,
the Contracting Parties to the Convention for the Conservation of Antarctic
Seals, the Commission for the Conservation of Antarctic Marine Living
Resources and the Scientific Committee on Antarctic Research.

Article 14

Non-Discrimination

In the implementation of this Convention there shall be no discrimination
against any Party or its Operators.

Article 15

Respect for other Uses of Antarctica

1 Decisions about Antarctic mineral resource activities shall take into account
the need to respect other established uses of Antarctica, including:

(a) the operation of stations and their associated installations, support
facilities and equipment in Antarctica;

(b) scientific investigation in Antarctica and cooperation therein;

(c) the conservation, including rational use, of Antarctic marine living
resources;

(d) tourism;

(e) the preservation of historic monuments; and

(f) navigation and aviation,

that are consistent with the Antarctic Treaty system.

2 Antarctic mineral resource activities shall be conducted so as to respect any
uses of Antarctica as referred to in paragraph 1 above.

Article 16

Availability and Confidentiality of Data and Information

Data and information obtained from Antarctic mineral resource activities shall,
to the greatest extent practicable and feasible, be made freely available,
provided that:

(a) as regards data and information of commercial value deriving from
prospecting, they may be retained by the Operator in accordance with Article 37;

(b) as regards data and information deriving from exploration or development,
the Commission shall adopt measures relating, as appropriate, to their release
and to ensure the confidentiality of data and information of commercial value.

Article 17

Notifications and Provisional Exercise of Functions of the Executive
Secretary

1 Where in this Convention there is a reference to the provision of information,
a notification or a report to any institution provided for in this Convention
and that institution has not been established, the information, notification or
report shall be provided to the Executive Secretary who shall circulate it as
required.

2 Where in this Convention a function is assigned to the Executive Secretary and
no Executive Secretary has been appointed under Article 33, that function shall
be performed by the Depositary.

 

Author: international

Mentioned in these Entries

The Antarctic Treaty.