National Centre For Polar And Ocean Research

National Centre For Polar And Ocean Research

Subject :International relations

Section: International conventions

Ministry of Earth Sciences, Government of India

The Indian Antarctic Act 2022

• The Indian Antarctic Act, 2022 received the assent of the Hon’ble President of India on 6th August 2022 and was notified in the Gazette of India on 8th August 2022.
• The Act aims to provide for national measures for protecting the Antarctic environment and dependent and associated ecosystems and to give effect to the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources and the Protocol on Environmental Protection to the Antarctic Treaty and for matters connected therewith or incidental thereto.
• Under the Act, the Committee on Antarctic Governance and Environmental Protection (CAG-EP) shall be constituted and notified by the Central Government which shall (but not be limited to) have the following function:

1. monitor, implement and ensure compliance with the relevant international laws, emission standards and rules for the protection of the Antarctic environment by the Operators or by any other persons engaged in programmes and activities in Antarctica;
2. undertake any advisory, supervisory or enforcement activities in relation to programmes and activities in Antarctica;
3. 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;
4. ensure that the programmes and activities are consistent with India’s obligations under the Treaty, the Convention, and the Protocol and with such other relevant laws for the time being in force in India.

• Any Indian Expedition which involves scientific, logistic, tourism/recreational, or fishing activity, under certain conditions requires a Permit from the CAG-EP in advance, providing all relevant information including environmental impact assessment of the proposed activity, wherever applicable.
• For the contraventions of any provisions of the Act, the offender shall draw moderate to severe penalties or punishment or both.

Environment and Treaty Obligation:

• Recognizing the environmental values of pristine Antarctica, the Environmental Protocol stemmed through the Antarctic Treaty.
  • The Treaty applies to the area south of 60° South Latitude, including all ice shelves, but nothing in the Treaty “shall prejudice or in any way affect the rights, or the exercise of the rights, of any State under international law with regard to the high seas within that area”.
• “Environmental monitoring is a fundamental element of basic research, environmental management, and conservation.
• The collection and evaluation of monitoring data is essential for the detection of human perturbation within the natural variability of ecosystem processes.
• Since all environmental monitoring must be based on testable hypotheses it can also contribute to advancement in both basic and applied research.”
• There are three distinct objectives for monitoring in Antarctica: 

1. to protect the scientific value of the Antarctic
2. to help in the continuous improvement of Antarctic environmental management, and
3. to meet the legal requirements of the Protocol and national legislation

Madrid Protocol:

• The Protocol on Environmental Protection to the Antarctic Treaty was signed in Madrid on October 4, 1991 and entered into force in 1998.
• It designates Antarctica as a “natural reserve, devoted to peace and science” (Art. 2). Article 3 of the Environment Protocol sets forth basic principles applicable to human activities in Antarctica and Article 7 prohibits all activities relating to Antarctic mineral resources, except for scientific research.
• Until 2048 the Protocol can only be modified by unanimous agreement of all Consultative Parties to the Antarctic Treaty.
• In addition, the prohibition on mineral resource activities cannot be removed unless a binding legal regime on Antarctic mineral resource activities is in force.
• Environmental Monitoring is important to observe the human induced change in natural Antarctic environment.
• The Protocol builds upon the Antarctic Treaty and Recommendations adopted by Antarctic Treaty Consultative Meetings to extend and improve the Treaty’s effectiveness as a mechanism for ensuring the protection of the Antarctic environment.
• The Protocol establishes a Committee for Environmental Protection as an expert advisory body to provide advice and formulate recommendations to the Consultative Meetings in connection with the implementation of the Protocol.
• Dispute settlement procedures are included in the Protocol.
  • These include compulsory and binding procedures for disputes over the interpretation or application of, and compliance with, the provisions of the Protocol relating to mineral resource activities, environmental impact assessment and response action, as well as most provisions included in the Six Annexes.

Non-native species:

• The Committee for Environmental (CEP), the Council of Managers of National Antarctic Programs (COMNAP), has produced biosecurity guidelines for supply chain managers, and the International Association of Antarctica Tour Operators (IAATO) has produced guidelines for boat, clothing and equipment decontamination appropriate for small boat landing operations.
• Rats and  Dogs are not permitted to land within the Antarctic Treaty area.