The Indian Antarctic Act, 2022
Administered Ministry: Ministry of Earth Sciences
Section
Section 1 Short title and commencement.
(1) This Act may be called the Indian Antarctic Act, 2022.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
1. 7th August, 2023, vide notification No. S.O. 3509(E), dated 7th August, 2023, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
Section 2 Application.
This Act shall apply to,---
(a) a citizen of India; or
(b) a citizen of any other country; or
(c) a company, body corporate, corporation, partnership firm, joint venture, an association of persons or any other entity incorporated, established or registered as such under any law in force in India; or
(d) any vessel or aircraft registered in India or outside India,
if such person, vessel or aircraft is part of an Indian expedition to Antarctica under a permit issued under this Act and shall include any such vessel or aircraft which is registered in India but chartered by any other Party for entering into Antarctica;
(e) Antarctica, comprising of the following areas, namely:--
(i) the continent of Antarctica, including its ice-shelves;
(ii) all islands south of 60o South Latitude, including their ice-shelves;
(iii) all areas of the continental shelf that are adjacent to that continent or to those islands that are south of 60o South Latitude;
(iv) all sea and air space south of 60o South Latitude; and
(v) the area specified in Article I of the Convention on the Conservation of Antarctic Marine Living Resources.
(a) a citizen of India; or
(b) a citizen of any other country; or
(c) a company, body corporate, corporation, partnership firm, joint venture, an association of persons or any other entity incorporated, established or registered as such under any law in force in India; or
(d) any vessel or aircraft registered in India or outside India,
if such person, vessel or aircraft is part of an Indian expedition to Antarctica under a permit issued under this Act and shall include any such vessel or aircraft which is registered in India but chartered by any other Party for entering into Antarctica;
(e) Antarctica, comprising of the following areas, namely:--
(i) the continent of Antarctica, including its ice-shelves;
(ii) all islands south of 60o South Latitude, including their ice-shelves;
(iii) all areas of the continental shelf that are adjacent to that continent or to those islands that are south of 60o South Latitude;
(iv) all sea and air space south of 60o South Latitude; and
(v) the area specified in Article I of the Convention on the Conservation of Antarctic Marine Living Resources.
Section 3 Definitions.
(1) In this Act, unless the context otherwise requires,--
(a) "activity" means any kind of operation in Antarctica, including tourism, research, conservation, fishing and commercial fishing;
(b) "aircraft" shall have the same meaning as assigned to it in clause (1) of section 2 of the Aircraft Act, 1934 (22 of 1934);
(c) "Analyst" means a person designated as such by the Committee to collect and analyse any sample or matter under sub-section (2) of section 31;
(d) "another Party to the Treaty" or "another Party to the Protocol" means any Party other than India;
(e) "Antarctica" means the Antarctic area referred to in clause (e) of section 2;
(f) "Antarctic environment" means the ecosystems dependent on and associated with the Antarctic environment, the intrinsic value of its wilderness and aesthetics, its value as an area for the conduct of scientific research or research that is essential to understand the global environment, the climate and the composition of the atmosphere;
(g) "Committee" means the Committee on Antarctic Governance and Environmental Protection established under sub-section (1) of section 23;
(h) "Comprehensive Environmental Evaluation" means a comprehensive evaluation of environmental impact assessment referred to in sub-section (5) of section 27;
(i) "Convention" means the Convention on the Conservation of Antarctic Marine Living Resources signed on the 20th day of May, 1980 in Canberra, Australia;
(j) "Consultative Parties" means any State Party signatory to the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty having voting rights in any decision, measures and resolutions adopted by the Antarctica Treaty Consultative Meeting;
(k) "Indian expedition" means a journey undertaken by any person or persons to the Antarctica organised by India;
(l) "Initial Environmental Evaluation" means a preliminary evaluation of environmental impact assessment referred to in sub-section (5) of section 27;
(m) "land" includes all islands, continental shelf and any ice-shelf, without prejudice to scientific definition of ice-shelf;
(n) "notification" means a notification published in the Official Gazette and the expressions "notify" or "notified" shall be construed accordingly;
(o) "Operator", in relation to a vessel or aircraft, means the owner or the person for the time being having the management of that vessel or aircraft;
(p) "Party" means a State Party signatory to the Antarctic Treaty or a member State of the United Nations;
(q) "permit" means a permit issued by the Committee under section 27;
(r) "person" means a person or entity referred to in clauses (a), (b) and (c) of section 2;
(s) "prescribed" means prescribed by rules made under this Act;
(t) "Protocol" means the Protocol on Environmental Protection to the Antarctic Treaty signed at Madrid on the 4th day of October, 1991, which came into force on the 14th day of January, 1998;
(u) "station" includes any worksites, building or group of buildings or any temporary facility in Antarctica;
(v) "Treaty" means the Antarctic Treaty signed at Washington D.C. on the 1st day of December, 1959 which came into force on the 23rd day of June, 1961;
(w) "vessel" shall have the same meaning as assigned to it in clause (55) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958);
(x) "waste" means unusable unserviceable movable property, including solid, liquid and gaseous matter, which the possessor or generator wants to discharge, or the controlled disposal of which is called for in order to preserve public welfare and in particular, the protection of the environment; or residual radioactive matter or radioactive components of disassembled or dismantled facilities, the controlled disposal of which shall be made in accordance with the Atomic Energy Act, 1962 (33 of 1962).
(2) The words and expressions used herein and not defined but defined in the Treaty or the Convention or the Protocol shall have the same meaning as respectively assigned to them in the Treaty or the Convention or the Protocol.
(a) "activity" means any kind of operation in Antarctica, including tourism, research, conservation, fishing and commercial fishing;
(b) "aircraft" shall have the same meaning as assigned to it in clause (1) of section 2 of the Aircraft Act, 1934 (22 of 1934);
(c) "Analyst" means a person designated as such by the Committee to collect and analyse any sample or matter under sub-section (2) of section 31;
(d) "another Party to the Treaty" or "another Party to the Protocol" means any Party other than India;
(e) "Antarctica" means the Antarctic area referred to in clause (e) of section 2;
(f) "Antarctic environment" means the ecosystems dependent on and associated with the Antarctic environment, the intrinsic value of its wilderness and aesthetics, its value as an area for the conduct of scientific research or research that is essential to understand the global environment, the climate and the composition of the atmosphere;
(g) "Committee" means the Committee on Antarctic Governance and Environmental Protection established under sub-section (1) of section 23;
(h) "Comprehensive Environmental Evaluation" means a comprehensive evaluation of environmental impact assessment referred to in sub-section (5) of section 27;
(i) "Convention" means the Convention on the Conservation of Antarctic Marine Living Resources signed on the 20th day of May, 1980 in Canberra, Australia;
(j) "Consultative Parties" means any State Party signatory to the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic Treaty having voting rights in any decision, measures and resolutions adopted by the Antarctica Treaty Consultative Meeting;
(k) "Indian expedition" means a journey undertaken by any person or persons to the Antarctica organised by India;
(l) "Initial Environmental Evaluation" means a preliminary evaluation of environmental impact assessment referred to in sub-section (5) of section 27;
(m) "land" includes all islands, continental shelf and any ice-shelf, without prejudice to scientific definition of ice-shelf;
(n) "notification" means a notification published in the Official Gazette and the expressions "notify" or "notified" shall be construed accordingly;
(o) "Operator", in relation to a vessel or aircraft, means the owner or the person for the time being having the management of that vessel or aircraft;
(p) "Party" means a State Party signatory to the Antarctic Treaty or a member State of the United Nations;
(q) "permit" means a permit issued by the Committee under section 27;
(r) "person" means a person or entity referred to in clauses (a), (b) and (c) of section 2;
(s) "prescribed" means prescribed by rules made under this Act;
(t) "Protocol" means the Protocol on Environmental Protection to the Antarctic Treaty signed at Madrid on the 4th day of October, 1991, which came into force on the 14th day of January, 1998;
(u) "station" includes any worksites, building or group of buildings or any temporary facility in Antarctica;
(v) "Treaty" means the Antarctic Treaty signed at Washington D.C. on the 1st day of December, 1959 which came into force on the 23rd day of June, 1961;
(w) "vessel" shall have the same meaning as assigned to it in clause (55) of section 3 of the Merchant Shipping Act, 1958 (44 of 1958);
(x) "waste" means unusable unserviceable movable property, including solid, liquid and gaseous matter, which the possessor or generator wants to discharge, or the controlled disposal of which is called for in order to preserve public welfare and in particular, the protection of the environment; or residual radioactive matter or radioactive components of disassembled or dismantled facilities, the controlled disposal of which shall be made in accordance with the Atomic Energy Act, 1962 (33 of 1962).
(2) The words and expressions used herein and not defined but defined in the Treaty or the Convention or the Protocol shall have the same meaning as respectively assigned to them in the Treaty or the Convention or the Protocol.
Section 4 Permit for Indian expedition to Antarctica.
No person in an Indian expedition shall enter or remain in Antarctica without a permit or the written authorisation of another Party to the Protocol:
Provided that no permit shall be required in the case of a person who is travelling through, on or above the high seas, to an immediate destination outside Antarctica.
Provided that no permit shall be required in the case of a person who is travelling through, on or above the high seas, to an immediate destination outside Antarctica.
Section 5 Permit for Indian station in Antarctica.
No person shall enter or remain in an Indian station in Antarctica without a permit or the written authorisation of another Party to the Protocol.
Section 6 Permit for vessel and aircraft entering Antarctica.
No vessel or aircraft registered in India shall enter or remain in Antarctica without a permit or the written authorisation of another Party to the Protocol:
Provided that no permit shall be required in the case of a vessel travelling through, on or above the high seas, to an immediate destination outside Antarctica:
Provided further that no permit shall be required in respect of an aircraft travelling to an immediate destination outside Antarctica.
Provided that no permit shall be required in the case of a vessel travelling through, on or above the high seas, to an immediate destination outside Antarctica:
Provided further that no permit shall be required in respect of an aircraft travelling to an immediate destination outside Antarctica.
Section 7 Permit for mineral resource activities.
No person or vessel in Antarctica shall---
(a) drill, dredge or excavate for mineral resources;
(b) collect any samples of mineral resources; or
(c) do anything for the purpose of identifying specific mineral resource occurrences or deposits, or areas where such occurrences or deposits may be found,
except in accordance with a permit issued under this Act:
Provided that no permit shall be issued for the purposes of this section unless the Committee is satisfied that the activities shall be carried on only for the purposes---
(a) of scientific research; or
(b) connected with the construction, maintenance or repair in Antarctica of an Indian station or any other structure, road, runway or jetty maintained by or on behalf of India.
Explanation.--For the purposes of this section, "mineral resource" means any natural resource that is neither living nor renewable.
(a) drill, dredge or excavate for mineral resources;
(b) collect any samples of mineral resources; or
(c) do anything for the purpose of identifying specific mineral resource occurrences or deposits, or areas where such occurrences or deposits may be found,
except in accordance with a permit issued under this Act:
Provided that no permit shall be issued for the purposes of this section unless the Committee is satisfied that the activities shall be carried on only for the purposes---
(a) of scientific research; or
(b) connected with the construction, maintenance or repair in Antarctica of an Indian station or any other structure, road, runway or jetty maintained by or on behalf of India.
Explanation.--For the purposes of this section, "mineral resource" means any natural resource that is neither living nor renewable.
Section 8 Permit for certain activities in Antarctica.
No person in Antarctica shall, without a permit or written authorisation of another Party to the Protocol--
(a) remove or damage native plants intentionally in a manner that significantly affects their local distribution or abundance;
(b) fly or land a helicopter or other aircraft intentionally in a manner that disturbs any concentration of native birds or seals;
(c) use a vehicle or vessel, including a hovercraft and a small boat, intentionally in a manner that disturbs any concentration of native birds or seals;
(d) use an explosive or firearm intentionally in a manner that disturbs any concentration of native birds or seals;
(e) while on foot, wilfully disturb a breeding or moulting native bird or concentration of seals;
(f) significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it;
(g) engage in any activity that results in the significant adverse change of the habitat of any specially protected species or population of native mammals, native birds, native plants or native invertebrates;
(h) remove soil or any biological material native to Antarctica intentionally; or
(i) kill, injure, capture, handle or molest a native mammal or native bird unless such act was done to protect the life of a person.
Explanation.--For the purposes of this section,--
(i) "native bird" means a member, at any stage of its life cycle including eggs, of any species of the class Aves that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring or the dead body or parts thereof and fossils;
(ii) "native invertebrate" means any terrestrial or aquatic invertebrate, at any stage of its life cycle that is indigenous to Antarctica, including any part thereof and fossils;
(iii) "native mammal" means a member of any species of the class mammalia that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring of or the dead body or parts thereof and fossils;
(iv) "native plant" means any terrestrial or aquatic vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to Antarctica or parts of such vegetation, other than fossils;
(v) "specially protected species" means any native species designated as a specially protected species in the Protocol and the Convention.
(a) remove or damage native plants intentionally in a manner that significantly affects their local distribution or abundance;
(b) fly or land a helicopter or other aircraft intentionally in a manner that disturbs any concentration of native birds or seals;
(c) use a vehicle or vessel, including a hovercraft and a small boat, intentionally in a manner that disturbs any concentration of native birds or seals;
(d) use an explosive or firearm intentionally in a manner that disturbs any concentration of native birds or seals;
(e) while on foot, wilfully disturb a breeding or moulting native bird or concentration of seals;
(f) significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it;
(g) engage in any activity that results in the significant adverse change of the habitat of any specially protected species or population of native mammals, native birds, native plants or native invertebrates;
(h) remove soil or any biological material native to Antarctica intentionally; or
(i) kill, injure, capture, handle or molest a native mammal or native bird unless such act was done to protect the life of a person.
Explanation.--For the purposes of this section,--
(i) "native bird" means a member, at any stage of its life cycle including eggs, of any species of the class Aves that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring or the dead body or parts thereof and fossils;
(ii) "native invertebrate" means any terrestrial or aquatic invertebrate, at any stage of its life cycle that is indigenous to Antarctica, including any part thereof and fossils;
(iii) "native mammal" means a member of any species of the class mammalia that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring of or the dead body or parts thereof and fossils;
(iv) "native plant" means any terrestrial or aquatic vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to Antarctica or parts of such vegetation, other than fossils;
(v) "specially protected species" means any native species designated as a specially protected species in the Protocol and the Convention.
Section 9 Permit for introducing non-native animals and plants into Antarctica.
No person, vessel or aircraft shall introduce in any part of Antarctica any animal of a species that is not indigenous to Antarctica, or any plant that is not a native plant, except in accordance with a permit or the written authorisation of another Party to the Protocol:
Provided that the provisions of this section shall not apply to food other than poultry or live animals.
Provided that the provisions of this section shall not apply to food other than poultry or live animals.
Section 10 Permit for introducing microscopic organisms.
No person shall introduce into any part of Antarctica any microscopic organism of a species which is not indigenous to Antarctica, except in accordance with a permit or the written authorisation of another Party to the Protocol.
Section 11 Permit to enter protected areas.
No person or vessel or aircraft shall enter into an Antarctic Specially Protected Area or Marine Protected Area as may be prescribed except in accordance with a permit or the written authorisation of another Party to the Protocol.
Section 12 Permit for waste disposal.
No person, vessel or aircraft shall dispose of waste in Antarctica except in accordance with a permit or the written authorisation of another Party to the Protocol.
Section 13 Permit for discharge into sea.
No vessel shall, while in Antarctica, discharge into the sea any oil or oily mixture, effluent, bilge water or any food waste except in accordance with a permit or the written authorisation of another Party to the Protocol.
Section 14 Permit for removal of biological specimen or any other sample from Antarctica.
(1) The Committee may, in individual cases, for reasons to be recorded in writing, grant permit for the following purposes, namely:--
(i) to obtain specimens or any other sample for study or scientific information;
(ii) to obtain specimens for museums, herbariums, zoological and botanical gardens, or other educational or cultural institutions or uses:
Provided that such permission shall be limited so as to ensure that--
(a) only such number of native mammals, birds, invertebrates, plants or any other sample are taken that are strictly necessary to meet the purposes of this section;
(b) only such number of native mammals or birds are killed, such that it can normally be replaced by natural reproduction in the following season;
(c) the diversity of species, as well as the habitats essential to their existence and the balance of the ecological systems existing in the Antarctica are maintained;
(d) Ommatophocarossii (Ross Seal) or any other species as may be prescribed shall be accorded special protection and permit for killing, injuring, capturing or handling of these species may be issued only for scientific purpose, if the survival or recovery of that species or local population is not jeopardised, and non-lethal techniques are used as far as possible; and
(e) the killing, injuring, capturing or handling of mammals or birds is done in a manner that involves least degree of pain and suffering.
(2) The permit issued for the purposes of this section shall specifically mention the name of the issuing authority and the receiver of the permission, the duration and place of the activity permitted including the size, weight and volume of the sample intended to be collected.
(i) to obtain specimens or any other sample for study or scientific information;
(ii) to obtain specimens for museums, herbariums, zoological and botanical gardens, or other educational or cultural institutions or uses:
Provided that such permission shall be limited so as to ensure that--
(a) only such number of native mammals, birds, invertebrates, plants or any other sample are taken that are strictly necessary to meet the purposes of this section;
(b) only such number of native mammals or birds are killed, such that it can normally be replaced by natural reproduction in the following season;
(c) the diversity of species, as well as the habitats essential to their existence and the balance of the ecological systems existing in the Antarctica are maintained;
(d) Ommatophocarossii (Ross Seal) or any other species as may be prescribed shall be accorded special protection and permit for killing, injuring, capturing or handling of these species may be issued only for scientific purpose, if the survival or recovery of that species or local population is not jeopardised, and non-lethal techniques are used as far as possible; and
(e) the killing, injuring, capturing or handling of mammals or birds is done in a manner that involves least degree of pain and suffering.
(2) The permit issued for the purposes of this section shall specifically mention the name of the issuing authority and the receiver of the permission, the duration and place of the activity permitted including the size, weight and volume of the sample intended to be collected.
Section 15 Certain provisions not to apply during emergencies.
The provisions of sections 4, 5, 6, 11, 12 and 13 shall not apply in respect of emergencies involving the safety of a person, the protection of the environment or the safety of any vessel, aircraft, equipment or facility that has a significant value.
Section 16 Special permit for commercial fishing in Antarctica.
Any person who intends to go to Antarctica for the purpose of commercial fishing shall apply for a permit to the Secretariat of the Commission for the Conservation of Antarctic Marine Living Resources through the Committee.
Section 17 Prohibition of nuclear explosion or disposal of radioactive waste material in Antarctica.
No person shall carry out any nuclear explosion or dispose of any radioactive waste material in Antarctica.
Section 18 Prohibition of introducing non-sterile soil in Antarctica.
No person or vessel shall introduce non-sterile soil into any part of Antarctica.
Section 19 Prohibition of introducing specified substances and products.
No person, vessel or aircraft shall introduce into Antarctica any substance or product as may be prescribed.
Section 20 Prohibition relating to historic sites and monuments.
No person shall damage, destroy or remove any historic site or monument or any of its part in Antarctica as may be prescribed.