Convention on the Regulation of Antarctic Mineral Resource Activities

Chapter I: General Provisions

Article 1

Definitions

For the purposes of this Convention:

1 “Antarctic Treaty” means The Antarctic Treaty done at Washington on 1 December
1959.

2 “Antarctic Treaty Consultative Parties”means the Contracting Parties to the
Antarctic Treaty entitled to appoint representatives to participate in the
meetings referred to in Article IX of that Treaty.

3 “Antarctic Treaty area”means the area to which the provisions of the
Antarctic Treaty apply in accordance with Article VI of that Treaty.

4 “Convention for the Conservation of Antarctic Seals”means the Convention done
at London on 1 June 1972.

5 “Convention on the Conservation of Antarctic Marine Living
Resources”means the Convention done at Canberra on 20 May 1980.

6 “Mineral resources”means all non-living natural non-renewable resources,
including fossil fuels, metallic and non-metallic minerals.

7 “Antarctic mineral resource activities”means prospecting, exploration or
development, but does not include scientific research activities within the
meaning of Article III of The Antarctic Treaty .

8 “Prospecting”means activities, including logistic support, aimed at
identifying areas of mineral resource potential for possible exploration and
development, including geological, geochemical and geophysical investigations
and field observations, the use of remote sensing techniques and collection of
surface, seafloor and sub-ice samples. Such activities do not include dredging
and excavations, except for the purpose of obtaining small-scale samples, or
drilling, except shallow drilling into rock and sediment to depths not exceeding
25 metres, or such other depth as the Commission may determine for particular
circumstances.

9 “Exploration”means activities, including logistic support, aimed at
identifying and evaluating specific mineral resource occurrences or deposits,
including exploratory drilling, dredging and other surface or subsurface
excavations required to determine the nature and size of mineral resource
deposits and the feasibility of their development, but excluding pilot projects
or commercial production.

10 “Development”means activities, including logistic support, which take place
following exploration and are aimed at or associated with exploitation of
specific mineral resource deposits, including pilot projects, processing,
storage and transport activities.

11 “Operator”means:

(a) a Party; or

(b) an agency or instrumentality of a Party; or

(c) a juridical person established under the law of a Party; or

(d) a joint venture consisting exclusively of any combination of any of the
foregoing, which is undertaking Antarctic mineral resource activities and for
which there is a Sponsoring State.

12 “Sponsoring State”means the Party with which an Operator has a substantial
and genuine link, through being:

(a) in the case of a Party, that Party;

(b) in the case of an agency or instrumentality of a Party, that Party;

(c) in the case of a juridical person other than an agency or instrumentality of
a Party, the Party:

(i) under whose law that juridical person is established and to whose law it is
subject, without prejudice to any other law which might be applicable, and

(ii) in whose territory the management of that juridical person is located, and

(iii) to whose effective control that juridical person is subject;

(d) in the case of a joint venture not constituting a juridical person:

(i) where the managing member of the joint venture is a Party or an agency or
instrumentality of a Party, that Party; or

(ii) in any other case, where in relating to a Party the managing member of the
joint venture satisfies the requirements of subparagraph (c) above, the Party.

13 “Managing member of the joint venture”means that member which the
participating members in the joint venture have by agreement designated as
having responsibility for central management of the joint venture, including the
functions of organising and supervising the activities to be undertaken, and
controlling the financial resources involved.

14 “Effective control”means the ability of the Sponsoring State to ensure the
availability of substantial resources of the Operator for purposes connected
with the implementation of this Convention, through the location of such
resources in the territory of the Sponsoring State or otherwise.

15 “Damage to the Antarctic environment or dependent or associated ecosystems”
means any impact on the living or non-living components of that
environment or those ecosystems, including harm to atmospheric, marine or
terrestrial life, beyond that which is negligible or which has been assessed and
judged to be acceptable pursuant to this Convention.

16 “Commission”means the Antarctic Mineral Resources Commission established
pursuant to Article 18.

17 “Regulatory Committee”means an Antarctic Mineral Resources Regulatory
Committee established pursuant to Article 29.

18 “Advisory Committee”means the Scientific, Technical and Environmental
Advisory Committee established pursuant to Article 23.

19 “Special Meeting of Parties”means the Meeting referred to in Article 28.

20 “Arbitral Tribunal”means an Arbitral Tribunal constituted as provided for in
the Annex, which forms an integral part of this Convention.

Article 2

Objectives and General Principles

1 This Convention is an integral part of the Antarctic Treaty system, comprising
the Antarctic Treaty, the measures in effect under that Treaty, and its
associated separate legal instruments, the prime purpose of which is to ensure
that Antarctica shall continue forever to be used exclusively for peaceful
purposes and shall not become the scene or object of international discord. The
Parties provide through this Convention, the principles it establishes, the
rules it prescribes, the institutions it creates and the decisions adopted
pursuant to it, a means for:

(a) assessing the possible impact on the environment of Antarctic mineral
resource activities;

(b) determining whether Antarctic mineral resource activities are acceptable;

(c) governing the conduct of such Antarctic mineral resource activities as may
be found acceptable; and

(d) ensuring that any Antarctic mineral resource activities are undertaken in
strict conformity with this Convention.

2 In implementing this Convention, the Parties shall ensure that Antarctic
mineral resource activities, should they occur, take place in a manner
consistent with all the components of the Antarctic Treaty system and the
obligations flowing therefrom.

3 In relation to Antarctic mineral resource activities, should they occur, the
Parties acknowledge the special responsibility of the Antarctic Treaty
Consultative Parties for the protection of the environment and the need to:

(a) protect the Antarctic environment and dependent and associated ecosystems;

(b) respect Antarctica’s significance for, and influence on, the global
environment;

(c) respect other legitimate uses of Antarctica;

(d) respect Antarctica’s scientific value and aesthetic and wilderness
qualities;

(e) ensure the safety of operations in Antarctica;

(f) promote opportunities for fair and effective participation of all Parties;
and

(g) take into account the interests of the international community as a whole.

Author: international

Mentioned in these Entries

Convention on the Regulation of Antarctic Mineral Resource Activities 2, Convention on the Regulation of Antarctic Mineral Resource Activities 2, Convention on the Regulation of Antarctic Mineral Resource Activities 3, Convention on the Regulation of Antarctic Mineral Resource Activities 3, Convention on the Regulation of Antarctic Mineral Resource Activities 4, Convention on the Regulation of Antarctic Mineral Resource Activities 4, Convention on the Regulation of Antarctic Mineral Resource Activities 5, Convention on the Regulation of Antarctic Mineral Resource Activities 5, Convention on the Regulation of Antarctic Mineral Resource Activities 6, Convention on the Regulation of Antarctic Mineral Resource Activities 7, Convention on the Regulation of Antarctic Mineral Resource Activities 8, Convention on the Regulation of Antarctic Mineral Resource Activities 9, Conventions: Chronological Index 1971-1990, Flora and Fauna – Biodiversity conventions, The Antarctic Treaty, country.