The Indian Antarctic Act, 2022
Administered Ministry: Ministry of Earth Sciences
Section
Section 21 Prohibition of possessing, selling, etc.
No person or vessel or aircraft while in Antarctica, shall possess, sell, offer for sale, trade, give, transport, transfer or send anything that has been obtained in contravention of the provisions of this Act.
Section 22 Prohibition of discharge of certain products or substances.
No vessel shall, while in Antarctica, discharge into the sea any garbage, plastic or other product or substance that is harmful to the marine environment.
Explanation.--For the purposes of this section, garbage, in respect of a vessel, means all kinds of victual, domestic and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically.
Explanation.--For the purposes of this section, garbage, in respect of a vessel, means all kinds of victual, domestic and operational waste, excluding fresh fish and parts thereof, generated during the normal operation of the ship and liable to be disposed of continuously or periodically.
Section 23 Constitution of Committee.
(1) The Central Government shall, by notification, establish a Committee to be called the Committee on Antarctic Governance and Environmental Protection consisting of the following members, namely:--
(a) Secretary, Ministry of Earth Sciences, Chairperson, ex officio;
(b) ten members not below the rank of Joint Secretary, ex officio, to be nominated by the Central Government, from any of the Ministries or Departments or organisations of the Central Government dealing with,---
(i) Defence;
(ii) External Affairs;
(iii) Finance;
(iv) Fisheries;
(v) Legal Affairs;
(vi) Science and Technology;
(vii) Shipping;
(viii) Tourism;
(ix) Environment;
(x) Communication;
(xi) Space;
(xii) National Centre for Polar and Ocean Research; and
(xiii) National Security Council Secretariat;
(c) two experts to be nominated by the Central Government, from the fields of,--
(i) Antarctic environment; and
(ii) Geo-politics;
(d) such other experts in the relevant field, to be nominated by the Central Government.
(2) An officer, not below the rank of Joint Secretary in the Ministry of Earth Sciences, shall be the Member-Secretary, ex officio.
(3) The members nominated under clauses (c) and (d) of sub-section (1) shall hold office for such period and subject to such terms and conditions as may be specified in the notification referred to in sub-section (1).
(4) The members nominated under clauses (c) and (d) of sub-section (1) shall be entitled to receive such allowances or fees as may be prescribed, for attending the meetings of the Committee.
(5) In the discharge of their functions, the members shall follow such procedure as may be prescribed.
(a) Secretary, Ministry of Earth Sciences, Chairperson, ex officio;
(b) ten members not below the rank of Joint Secretary, ex officio, to be nominated by the Central Government, from any of the Ministries or Departments or organisations of the Central Government dealing with,---
(i) Defence;
(ii) External Affairs;
(iii) Finance;
(iv) Fisheries;
(v) Legal Affairs;
(vi) Science and Technology;
(vii) Shipping;
(viii) Tourism;
(ix) Environment;
(x) Communication;
(xi) Space;
(xii) National Centre for Polar and Ocean Research; and
(xiii) National Security Council Secretariat;
(c) two experts to be nominated by the Central Government, from the fields of,--
(i) Antarctic environment; and
(ii) Geo-politics;
(d) such other experts in the relevant field, to be nominated by the Central Government.
(2) An officer, not below the rank of Joint Secretary in the Ministry of Earth Sciences, shall be the Member-Secretary, ex officio.
(3) The members nominated under clauses (c) and (d) of sub-section (1) shall hold office for such period and subject to such terms and conditions as may be specified in the notification referred to in sub-section (1).
(4) The members nominated under clauses (c) and (d) of sub-section (1) shall be entitled to receive such allowances or fees as may be prescribed, for attending the meetings of the Committee.
(5) In the discharge of their functions, the members shall follow such procedure as may be prescribed.
Section 24 Meetings of Committee.
The Committee shall meet at such intervals and observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum thereat) as may be prescribed.
Section 25 Functions of Committee.
The Committee shall perform the following functions, namely:--
(a) monitor, implement and ensure compliance of the relevant international laws, emission standards and rules for the protection of Antarctic environment by the Operators or by any other persons engaged in programmes and activities in Antarctica;
(b) undertake any advisory, supervisory or enforcement activities in relation to programmes and activities in Antarctica;
(c) obtain and review relevant information and reports provided by Parties to the Treaty, the Convention, the Protocol and other Parties engaged in programmes and activities in Antarctica;
(d) maintain records pertaining to the programmes and activities conducted by Parties in Antarctica;
(e) ensure that the programmes and activities are consistent with India's obligations under the Treaty, the Convention, the Protocol and with such other relevant law for the time being in force in India;
(f) determine the terms and conditions of the permit issued under this Act;
(g) negotiate fees or charges with other Parties to the Treaty, the Convention and the Protocol on a case to case basis in respect of the programmes and activities in Antarctica;
(h) collaborate with other Parties to attain the above goals; and
(i) such other functions as may be delegated to it by the Central Government.
(a) monitor, implement and ensure compliance of the relevant international laws, emission standards and rules for the protection of Antarctic environment by the Operators or by any other persons engaged in programmes and activities in Antarctica;
(b) undertake any advisory, supervisory or enforcement activities in relation to programmes and activities in Antarctica;
(c) obtain and review relevant information and reports provided by Parties to the Treaty, the Convention, the Protocol and other Parties engaged in programmes and activities in Antarctica;
(d) maintain records pertaining to the programmes and activities conducted by Parties in Antarctica;
(e) ensure that the programmes and activities are consistent with India's obligations under the Treaty, the Convention, the Protocol and with such other relevant law for the time being in force in India;
(f) determine the terms and conditions of the permit issued under this Act;
(g) negotiate fees or charges with other Parties to the Treaty, the Convention and the Protocol on a case to case basis in respect of the programmes and activities in Antarctica;
(h) collaborate with other Parties to attain the above goals; and
(i) such other functions as may be delegated to it by the Central Government.
Section 26 Power of Central Government to give directions.
(1) The Central Government may give such directions, as it may deem necessary, to the Committee for the effective administration of this Act and the Committee shall comply with such directions.
(2) In case of a dispute between the Committee and the Central Government, the decision of the Central Government shall be final.
(2) In case of a dispute between the Committee and the Central Government, the decision of the Central Government shall be final.
Section 27 Application for permit.
(1) Every application for grant of permit under this Act shall be made to the Committee in accordance with the provisions of this Chapter.
(2) Every application under sub-section (1) shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed.
(3) The Committee may, after making such inquiry as it deems fit and having regard to the particulars referred to in sub-section (4) and subject to such terms and conditions as may be prescribed, grant permit for the purposes of this Act.
(4) While granting permit under sub-section (3), the Committee shall have regard to the following matters, namely:--
(a) adverse effect on climate or weather patterns;
(b) adverse effect on air, snow, soil, land or water quality;
(c) significant changes in the atmospheric, terrestrial, aquatic, glacial, noise or marine environment;
(d) harmful changes in the distribution, abundance or productivity of native microbes, animal or plant species or their population;
(e) harm or jeopardise endangered species or population;
(f) harm or significantly jeopardise the areas of environmental, biological, geological, scientific, historic, wilderness or aesthetic significance or of a primeval nature; and
(g) such other significant detrimental effects on the Antarctic environment and its dependent and associated ecosystems as may be prescribed.
(5) The Committee shall, before issuing a permit, require the applicant to carry out the environmental impact assessment of the proposed activities in such manner as may be prescribed and shall issue a permit if the conditions specified therein has been complied with:
Provided that any application for a permit relating to activities in Antarctica which has reasonable apprehension of causing less than a minor or transitory impact on the environment shall be made to the Committee six months prior to the commencement of the proposed activity:
Provided further that while examining an activity, the Committee shall take into account the opinion of the independent experts:
Provided also that if after examination, the Committee is satisfied that such activity has reasonable apprehension of causing minor or transitory impact on the environment, then it shall require the applicant to conduct an Initial Environmental Evaluation and to submit a report thereon to it, three months prior to the commencement of the proposed activity:
Provided also that if after conducting the Initial Environmental Evaluation, the Committee is of the opinion that the activities will have more than a minor or transitory impact on the environment, it shall require the applicant to conduct a Comprehensive Environmental Evaluation and to submit a report thereon.
(6) Notwithstanding anything contained in this Act, the Committee shall not grant a permit under this section authorising any person or a vessel or an aircraft on an Indian expedition, unless it is satisfied that a waste management plan and an emergency plan for the expedition have been prepared in such manner as may be prescribed:
Provided that the waste management plan shall include details of such wastes which are intended to be shipped from Antarctica into the Indian territory or territory of any other Party for disposal.
Explanation.--For the purposes of this sub-section,--
(i) "waste management plan" means the waste management plan referred to in sub-section (3) of section 34;
(ii) "emergency plan" means a plan to meet the environmental emergency referred to in section 39.
(7) The permit granted under this section, unless sooner revoked, shall remain in force for such period as specified in the permit and may be renewed, on an application made in this behalf sixty days before the date of its expiration, for such period and on payment of such fees as may be prescribed:
Provided that a permit may be renewed on an application made within sixty days before the date of its expiration, if the Committee is satisfied that there was sufficient cause for not making the application on time.
(2) Every application under sub-section (1) shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed.
(3) The Committee may, after making such inquiry as it deems fit and having regard to the particulars referred to in sub-section (4) and subject to such terms and conditions as may be prescribed, grant permit for the purposes of this Act.
(4) While granting permit under sub-section (3), the Committee shall have regard to the following matters, namely:--
(a) adverse effect on climate or weather patterns;
(b) adverse effect on air, snow, soil, land or water quality;
(c) significant changes in the atmospheric, terrestrial, aquatic, glacial, noise or marine environment;
(d) harmful changes in the distribution, abundance or productivity of native microbes, animal or plant species or their population;
(e) harm or jeopardise endangered species or population;
(f) harm or significantly jeopardise the areas of environmental, biological, geological, scientific, historic, wilderness or aesthetic significance or of a primeval nature; and
(g) such other significant detrimental effects on the Antarctic environment and its dependent and associated ecosystems as may be prescribed.
(5) The Committee shall, before issuing a permit, require the applicant to carry out the environmental impact assessment of the proposed activities in such manner as may be prescribed and shall issue a permit if the conditions specified therein has been complied with:
Provided that any application for a permit relating to activities in Antarctica which has reasonable apprehension of causing less than a minor or transitory impact on the environment shall be made to the Committee six months prior to the commencement of the proposed activity:
Provided further that while examining an activity, the Committee shall take into account the opinion of the independent experts:
Provided also that if after examination, the Committee is satisfied that such activity has reasonable apprehension of causing minor or transitory impact on the environment, then it shall require the applicant to conduct an Initial Environmental Evaluation and to submit a report thereon to it, three months prior to the commencement of the proposed activity:
Provided also that if after conducting the Initial Environmental Evaluation, the Committee is of the opinion that the activities will have more than a minor or transitory impact on the environment, it shall require the applicant to conduct a Comprehensive Environmental Evaluation and to submit a report thereon.
(6) Notwithstanding anything contained in this Act, the Committee shall not grant a permit under this section authorising any person or a vessel or an aircraft on an Indian expedition, unless it is satisfied that a waste management plan and an emergency plan for the expedition have been prepared in such manner as may be prescribed:
Provided that the waste management plan shall include details of such wastes which are intended to be shipped from Antarctica into the Indian territory or territory of any other Party for disposal.
Explanation.--For the purposes of this sub-section,--
(i) "waste management plan" means the waste management plan referred to in sub-section (3) of section 34;
(ii) "emergency plan" means a plan to meet the environmental emergency referred to in section 39.
(7) The permit granted under this section, unless sooner revoked, shall remain in force for such period as specified in the permit and may be renewed, on an application made in this behalf sixty days before the date of its expiration, for such period and on payment of such fees as may be prescribed:
Provided that a permit may be renewed on an application made within sixty days before the date of its expiration, if the Committee is satisfied that there was sufficient cause for not making the application on time.
Section 28 Liability of owner or Operator in certain cases.
Notwithstanding anything contained in any other law for the time being in force, where a vessel or aircraft is part of an Indian expedition or fishing in Antarctica but whose owner or Operator is not part of such expedition or fishing, then such owner or Operator who is sufficiently identified in the permit, either by class or other description shall also be bound by the conditions of the permit.
Section 29 Suspension or cancellation of permit.
(1) If the Committee has reasonable grounds to believe that the holder of any permit has made any incorrect or false statement or concealed any material fact in the application or has contravened any of the provisions of this Act or the rules or orders made or notifications issued thereunder or contravened any conditions of permit, it may, by order, suspend the permit pending the completion of any inquiry against such permit holder.
(2) After making an inquiry under sub-section (1), the Committee may, without prejudice to any other penalty to which such permit holder may be liable under the provisions of this Act, cancel the permit:
Provided that no permit shall be suspended under sub-section (1) or cancelled under this subsection, unless the holder of the permit has been given a reasonable opportunity of being heard:
Provided further that the Committee may suspend or cancel a permit without giving the permit holder an opportunity of being heard, if it is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to do so.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Central Government or the Committee may, in the interest of national security, maintenance of law and order or any other matter of public interest and without prejudice to any additional penalty to which such permit holder may be liable under the provisions of this Act, order the suspension or cancellation of such permit.
(4) Any person whose permit has been suspended under sub-section (1) shall, immediately after such suspension, stop all activities in respect of which the permit has been granted, until the order of suspension has been revoked.
(5) Every holder of a permit which is suspended or cancelled shall, immediately after such suspension or cancellation, surrender the permit to the Committee.
(6) Every order of suspension or cancellation of a permit under this section shall be in writing.
(2) After making an inquiry under sub-section (1), the Committee may, without prejudice to any other penalty to which such permit holder may be liable under the provisions of this Act, cancel the permit:
Provided that no permit shall be suspended under sub-section (1) or cancelled under this subsection, unless the holder of the permit has been given a reasonable opportunity of being heard:
Provided further that the Committee may suspend or cancel a permit without giving the permit holder an opportunity of being heard, if it is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to do so.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Central Government or the Committee may, in the interest of national security, maintenance of law and order or any other matter of public interest and without prejudice to any additional penalty to which such permit holder may be liable under the provisions of this Act, order the suspension or cancellation of such permit.
(4) Any person whose permit has been suspended under sub-section (1) shall, immediately after such suspension, stop all activities in respect of which the permit has been granted, until the order of suspension has been revoked.
(5) Every holder of a permit which is suspended or cancelled shall, immediately after such suspension or cancellation, surrender the permit to the Committee.
(6) Every order of suspension or cancellation of a permit under this section shall be in writing.
Section 30 Inspection in India.
(1) The Central Government may designate any officer as an Inspector, having such qualifications and experience as may be prescribed, for performing the duties and exercising the powers of inspections in India under this Act.
(2) The Inspector may, for the purposes of this Act--
(a) enter and search any place including vessel, container, platform anchored at sea, shipping container or conveyance;
(b) examine any substance, product or thing;
(c) open and examine any receptacle or package, if it contains any doubtful substance, product or thing;
(d) examine any book, record, data or other documents and make copies or take extracts of the same;
(e) take samples of things, if relevant;
(f) conduct any test or take any measurement; and
(g) such other functions as may be prescribed.
(3) The Inspector may confiscate a sample taken in violation of the permit issued under this Act.
(4) The owner or person-in-charge of a place being inspected and every person found in the place of inspection shall--
(a) extend all reasonable assistance to enable the Inspector to carry out his duties under this Act; and
(b) provide any information which the Inspector may require.
(2) The Inspector may, for the purposes of this Act--
(a) enter and search any place including vessel, container, platform anchored at sea, shipping container or conveyance;
(b) examine any substance, product or thing;
(c) open and examine any receptacle or package, if it contains any doubtful substance, product or thing;
(d) examine any book, record, data or other documents and make copies or take extracts of the same;
(e) take samples of things, if relevant;
(f) conduct any test or take any measurement; and
(g) such other functions as may be prescribed.
(3) The Inspector may confiscate a sample taken in violation of the permit issued under this Act.
(4) The owner or person-in-charge of a place being inspected and every person found in the place of inspection shall--
(a) extend all reasonable assistance to enable the Inspector to carry out his duties under this Act; and
(b) provide any information which the Inspector may require.
Section 31 Inspection of international facilities.
(1) The Committee shall constitute an inspection team consisting of such number of observers as it may deem necessary and shall designate one of them as the head of the team, for the purposes of carrying out inspections in Antarctica in such manner as may be prescribed.
(2) The Committee may designate any of its officer having such qualifications and experience as may be prescribed, to be an Analyst who shall be a part of the inspection team.
(3) The Analyst shall collect and examine any sample or matter and perform such other duties as may be delegated to him by the head of the inspection team.
(4) The inspections in Antarctica may be carried out jointly with one or more Parties, if deemed necessary.
(5) The inspection team may inspect any station after giving prior notice to the Party or Parties whose station it proposes to inspect.
(6) The inspection team may, at any reasonable time, enter any place including vessel, aircraft, container, platform anchored at sea, shipping container or conveyance, managed by India in Antarctica to which it has reasonable grounds to believe that the provisions of this Act apply:
Provided that nothing in this sub-section shall apply to such vessel or aircraft which is not part of an Indian expedition.
(7) The inspection team may, at any reasonable time, board or travel in a vessel or an aircraft in Antarctica and may carry out inspection of such vessel or aircraft or its communication system after giving prior notice to the Party concerned.
(8) Notwithstanding anything contained in this section, the inspection team shall not inspect any station, installation, equipment, platform anchored at sea, shipping container or conveyance that is owned by a person who is neither a citizen of India nor a part of Indian expedition unless due notice for inspection of the property or installation has been served to the Party who is the owner of such property or installation.
(9) The owner of a place or a person-in-charge of a place being inspected under this Act and every person found in the place shall give all reasonable assistance to enable the inspection team to carry out its functions under this Act and provide with any information as may be required by it.
(2) The Committee may designate any of its officer having such qualifications and experience as may be prescribed, to be an Analyst who shall be a part of the inspection team.
(3) The Analyst shall collect and examine any sample or matter and perform such other duties as may be delegated to him by the head of the inspection team.
(4) The inspections in Antarctica may be carried out jointly with one or more Parties, if deemed necessary.
(5) The inspection team may inspect any station after giving prior notice to the Party or Parties whose station it proposes to inspect.
(6) The inspection team may, at any reasonable time, enter any place including vessel, aircraft, container, platform anchored at sea, shipping container or conveyance, managed by India in Antarctica to which it has reasonable grounds to believe that the provisions of this Act apply:
Provided that nothing in this sub-section shall apply to such vessel or aircraft which is not part of an Indian expedition.
(7) The inspection team may, at any reasonable time, board or travel in a vessel or an aircraft in Antarctica and may carry out inspection of such vessel or aircraft or its communication system after giving prior notice to the Party concerned.
(8) Notwithstanding anything contained in this section, the inspection team shall not inspect any station, installation, equipment, platform anchored at sea, shipping container or conveyance that is owned by a person who is neither a citizen of India nor a part of Indian expedition unless due notice for inspection of the property or installation has been served to the Party who is the owner of such property or installation.
(9) The owner of a place or a person-in-charge of a place being inspected under this Act and every person found in the place shall give all reasonable assistance to enable the inspection team to carry out its functions under this Act and provide with any information as may be required by it.
Section 32 Obstruction and false information.
(1) No person shall obstruct an Inspector or inspection team or hinder any of them in performing their functions in India or in Antarctica.
(2) No person shall knowingly or negligently provide any person false or misleading information, results or samples or file a document containing false or misleading information.
(2) No person shall knowingly or negligently provide any person false or misleading information, results or samples or file a document containing false or misleading information.
Section 33 Waste disposal.
The waste disposal sites on land and abandoned worksites shall be cleaned up by the generators of such waste and the users of such sites:
Provided that the provisions of this section shall not apply if the removal of any structure or waste material may result in any adverse environmental impact referred to in sub-section (5) of section 27 than leaving the structure or waste material in its existing location.
Provided that the provisions of this section shall not apply if the removal of any structure or waste material may result in any adverse environmental impact referred to in sub-section (5) of section 27 than leaving the structure or waste material in its existing location.
Section 34 Establishment of waste classification system and waste management plans.
(1) The Committee shall establish a waste classification system--
(a) for recording waste in Antarctica from activities by the persons authorised under this Act; and
(b) to facilitate studies on the environmental impacts of scientific activities and associated activities.
(2) For the purposes of sub-section (1), the waste shall be segregated into the following categories, namely:--
(a) sewage and domestic liquid waste;
(b) other liquid waste such as medical and chemical waste including fuels and lubricants;
(c) solids, including organic waste, to be incinerated;
@ (d) other solid waste;
(e) radioactive material; and
(f) any other waste as may be prescribed.
(3) The Committee shall prepare, review annually and update its waste management plans, including plans on waste reduction, storage and disposal, specifying for each station, facility, field site, field camps, vessel and aircraft--
(a) programmes for cleaning up existing waste disposal sites and abandoned worksites;
(b) current and planned waste management arrangements;
(c) current and planned arrangements for analysing the environmental effects of waste and waste management;
(d) other measures aimed at minimising the environmental effects of waste and waste management.
(4) No separate information shall be required for small boats which are part of the operations of fixed sites or of vessels.
(5) The existing management plans for vessels and aircraft shall be taken into account in preparing the waste management plans under this section.
(6) The Committee shall, as far as practicable, prepare an inventory of locations of past activities, including traverses, fuel depots, field bases, crashed aircraft or any other accidents and such other areas as may be prescribed.
(7) The waste management plans and reports on their implementation shall be included in the annual exchange of information with other Parties to the Treaty.
(8) The Committee shall appoint or designate a waste management officer for each station, facility and worksite who shall monitor the implementation of the waste reduction and disposal plans and make proposals for their continued development.
(a) for recording waste in Antarctica from activities by the persons authorised under this Act; and
(b) to facilitate studies on the environmental impacts of scientific activities and associated activities.
(2) For the purposes of sub-section (1), the waste shall be segregated into the following categories, namely:--
(a) sewage and domestic liquid waste;
(b) other liquid waste such as medical and chemical waste including fuels and lubricants;
(c) solids, including organic waste, to be incinerated;
@ (d) other solid waste;
(e) radioactive material; and
(f) any other waste as may be prescribed.
(3) The Committee shall prepare, review annually and update its waste management plans, including plans on waste reduction, storage and disposal, specifying for each station, facility, field site, field camps, vessel and aircraft--
(a) programmes for cleaning up existing waste disposal sites and abandoned worksites;
(b) current and planned waste management arrangements;
(c) current and planned arrangements for analysing the environmental effects of waste and waste management;
(d) other measures aimed at minimising the environmental effects of waste and waste management.
(4) No separate information shall be required for small boats which are part of the operations of fixed sites or of vessels.
(5) The existing management plans for vessels and aircraft shall be taken into account in preparing the waste management plans under this section.
(6) The Committee shall, as far as practicable, prepare an inventory of locations of past activities, including traverses, fuel depots, field bases, crashed aircraft or any other accidents and such other areas as may be prescribed.
(7) The waste management plans and reports on their implementation shall be included in the annual exchange of information with other Parties to the Treaty.
(8) The Committee shall appoint or designate a waste management officer for each station, facility and worksite who shall monitor the implementation of the waste reduction and disposal plans and make proposals for their continued development.
Section 35 Removal of waste from Antarctica.
(1) The following waste produced in Antarctica by generators of such waste shall be removed from there, namely:--
(a) radioactive substances within the meaning of the Atomic Energy Act, 1962 (33 of 1962);
(b) all kinds of batteries or components thereof;
(c) fuel, both liquid and solid;
(d) waste containing harmful levels of heavy metals or acutely toxic or harmful persistent compounds;
(e) Polyvinyl chloride, polyurethane, polystyrene foam, rubber, lubricating oils, treated timbers and other products which contain additives that may produce harmful emissions, if incinerated;
(f) all other plastic waste;
(g) fuel drums other than those required for logistics purposes;
(h) other solid, non-combustible waste including but not restricted to glass and metal scraps;
(i) residues of carcasses of imported animals;
(j) laboratory culture of microorganisms and plant pathogens;
(k) introduced avian products;
(l) ash and products of incineration;
(m) unserviceable machineries and equipment including electronics; and
(n) such other waste as may be prescribed.
(2) The provisions of sub-section (1) shall not apply to waste,---
(a) if they are incinerated, autoclaved or otherwise treated to be made sterile; or
(b) if the removal of such waste shall result in greater adverse environmental impact referred to in sub-section (5) of section 27, than leaving them in their existing locations.
(3) The domestic waste and other liquid waste shall be treated before removing from Antarctica and shall be disposed of on ice-free land areas, sea ice, ice shelves or the grounded ice-sheet and shall not be discharged into the lake either directly or indirectly:
Provided that the standards for effluent discharge shall be such as may be prescribed.
(4) The provisions of sub-section (3) shall not apply to substances generated by station located on ice shelves or the grounded ice-sheet, provided that such waste are disposed of after treatment in deep ice pits which is the only practicable option and such pits are not located on known ice-flow lines which terminate at ice-free areas or in areas of high ablation.
(5) The waste under this section shall be disposed of into the sea subject to a permit issued in that regard under section 12.
(6) The waste generated at field camps shall be removed to supporting stations or vessels for disposal.
(a) radioactive substances within the meaning of the Atomic Energy Act, 1962 (33 of 1962);
(b) all kinds of batteries or components thereof;
(c) fuel, both liquid and solid;
(d) waste containing harmful levels of heavy metals or acutely toxic or harmful persistent compounds;
(e) Polyvinyl chloride, polyurethane, polystyrene foam, rubber, lubricating oils, treated timbers and other products which contain additives that may produce harmful emissions, if incinerated;
(f) all other plastic waste;
(g) fuel drums other than those required for logistics purposes;
(h) other solid, non-combustible waste including but not restricted to glass and metal scraps;
(i) residues of carcasses of imported animals;
(j) laboratory culture of microorganisms and plant pathogens;
(k) introduced avian products;
(l) ash and products of incineration;
(m) unserviceable machineries and equipment including electronics; and
(n) such other waste as may be prescribed.
(2) The provisions of sub-section (1) shall not apply to waste,---
(a) if they are incinerated, autoclaved or otherwise treated to be made sterile; or
(b) if the removal of such waste shall result in greater adverse environmental impact referred to in sub-section (5) of section 27, than leaving them in their existing locations.
(3) The domestic waste and other liquid waste shall be treated before removing from Antarctica and shall be disposed of on ice-free land areas, sea ice, ice shelves or the grounded ice-sheet and shall not be discharged into the lake either directly or indirectly:
Provided that the standards for effluent discharge shall be such as may be prescribed.
(4) The provisions of sub-section (3) shall not apply to substances generated by station located on ice shelves or the grounded ice-sheet, provided that such waste are disposed of after treatment in deep ice pits which is the only practicable option and such pits are not located on known ice-flow lines which terminate at ice-free areas or in areas of high ablation.
(5) The waste under this section shall be disposed of into the sea subject to a permit issued in that regard under section 12.
(6) The waste generated at field camps shall be removed to supporting stations or vessels for disposal.
Section 36 Disposal of combustive wastes.
(1) The combustible waste which are not removed by generators of such waste shall be burnt in incinerators to a maximum extent practicable to avoid harmful emissions and shall not be burned openly.
(2) The standards for emission from incineration of waste under sub-section (1) and from other equipment and vehicles shall be such as may be prescribed.
(2) The standards for emission from incineration of waste under sub-section (1) and from other equipment and vehicles shall be such as may be prescribed.
Section 37 Storage of wastes.
(1) All waste to be removed from Antarctica, or otherwise disposed of by the generators of such waste, shall be segregated, contained, confined and stored in such a way so as to prevent their dispersal into the environment.
(2) The containers and tank-systems holding or used for storing hazardous waste shall be--
(a) in good and non-leaking condition;
(b) made of or lined with materials which will not react with, and are otherwise compatible with, the waste to be stored, so that the ability of the containers to contain such waste is not impaired;
(c) stored in a manner that allows access for inspection and response to emergencies; and
(d) inspected at least once in a week for identifying any leakage and deterioration thereof and shall be documented.
(2) The containers and tank-systems holding or used for storing hazardous waste shall be--
(a) in good and non-leaking condition;
(b) made of or lined with materials which will not react with, and are otherwise compatible with, the waste to be stored, so that the ability of the containers to contain such waste is not impaired;
(c) stored in a manner that allows access for inspection and response to emergencies; and
(d) inspected at least once in a week for identifying any leakage and deterioration thereof and shall be documented.
Section 38 Committee to ensure compliance of international obligations.
(1) The Committee shall ensure compliance of any activity undertaken in the Antarctic environment and dependent and associated ecosystems by the permit holder, including compliance of such International Conventions or Treaty or Protocol or such other international obligations, as may be prescribed.
(2) The permit holder shall maintain records of all waste and sewages, including all introductions and discharges into the marine environment caused by operation of vessels as part of the activity and the said records shall be submitted to the Director General appointed under the Merchant Shipping Act, 1958 (44 of 1958) and the Committee, whenever required
(2) The permit holder shall maintain records of all waste and sewages, including all introductions and discharges into the marine environment caused by operation of vessels as part of the activity and the said records shall be submitted to the Director General appointed under the Merchant Shipping Act, 1958 (44 of 1958) and the Committee, whenever required
Section 39 Duties and liabilities of Operator in case of environmental emergency.
(1) If an environmental emergency occurs from any activity in Antarctica and dependent and associated ecosystems, the Operator shall, without delay, take effective response action and inform the Committee and the Director General appointed under the Merchant Shipping Act, 1958 (44 of 1958) of such environmental emergency and thereafter, the Committee shall transmit it to the Parties to the Treaty.
(2) If no response action is taken by the Operator under sub-section (1) and the nature of the environmental emergency requires immediate response action, the Party, where the vessel or aircraft is registered, may undertake such action on behalf of the Operator, and the Operator shall be liable to pay the cost of such response action taken by the Party or Parties, as may be prescribed in accordance with Annex VI to the Protocol.
(3) If no response action is taken by the Operator or by any Party or Parties, the Operator shall be liable to such penalty as may be prescribed in accordance with Annex VI to the Protocol.
Explanation.---For the purposes of this section, the expression "environmental emergency" means any unforeseen or accidental event that results in, or imminently threatens to result in, significant and harmful impact on the Antarctic environment.
(2) If no response action is taken by the Operator under sub-section (1) and the nature of the environmental emergency requires immediate response action, the Party, where the vessel or aircraft is registered, may undertake such action on behalf of the Operator, and the Operator shall be liable to pay the cost of such response action taken by the Party or Parties, as may be prescribed in accordance with Annex VI to the Protocol.
(3) If no response action is taken by the Operator or by any Party or Parties, the Operator shall be liable to such penalty as may be prescribed in accordance with Annex VI to the Protocol.
Explanation.---For the purposes of this section, the expression "environmental emergency" means any unforeseen or accidental event that results in, or imminently threatens to result in, significant and harmful impact on the Antarctic environment.
Section 40 Exemption of Operator from liability in certain cases.
An Operator shall not be liable for an environmental emergency under section 39, if it is proved that such emergency is caused by---
(a) an act or omission that was necessary to protect human life;
(b) a natural disaster of an extraordinary nature which could not reasonably be foreseen and the Operator had taken all reasonable measures to reduce the risk and potentially harmful effects of the environmental emergency;
(c) an act of terrorism; and
(d) an act of war aimed at the Operator's activity:
Provided that the Operator shall submit an explanation to the Committee of his act or omission within a period of sixty days from the date of such emergency, stating the reasons therefor.
(a) an act or omission that was necessary to protect human life;
(b) a natural disaster of an extraordinary nature which could not reasonably be foreseen and the Operator had taken all reasonable measures to reduce the risk and potentially harmful effects of the environmental emergency;
(c) an act of terrorism; and
(d) an act of war aimed at the Operator's activity:
Provided that the Operator shall submit an explanation to the Committee of his act or omission within a period of sixty days from the date of such emergency, stating the reasons therefor.