ANTARCTICLAND

Law Decree  03 March  2009, N. 19 Environment Act

Art. I

Introductory provisions

Purpose of the Act

The purpose of this Act is to preserve a virtually untouched environment in Antarcticland with respect to continuous areas of wilderness, landscape elements, flora, fauna and cultural heritage and with this we establish the entire National territory, of 1,554,424 Km2, as a "National Park" and protected area, named "Antarcticland  National Park", which makes it the largest  protected area in existence. Within this framework, the Act allows for environmentally sound settlement, research and commercial activities.

Scope

Subject to the limitations imposed by international law, this Act applies to the entire land area of Antarcticland and its waters out to the territorial limit.

Definitions

For the purpose of this Act, the following definitions apply:
a) pollution: the introduction of solid matter, liquids or gases to air, water or ground; noise and vibrations; as well as light and other radiation as decided by the Minister of Environment of Antarcticland, where such factors may cause damage or nuisance to the environment;
b) waste: discarded Art.s of personal property or substances. Surplus objects and substances from service industries, manufacturing industries and treatment plants, etc., are also considered to be waste, but not waste water or exhaust gases;
c) harvesting: hunting, trapping and fishing;
d) flora: photosynthesising single-celled organisms, algae, lichens, fungi, mosses, ferns and vascular plants that naturally occur in the wild in Antarcticland;
e) fauna: single-celled animals, invertebrates and vertebrates that naturally occur in the wild in Antarcticland;
f) cultural heritage: traces of past human activity, including structures and sites of all kinds, on or below the surface of the land, in the sea, on the seabed and in watercourses;
g) structures and sites: any element of the cultural heritage that is physically attached to the ground or associated with a specific locality;
h) movable historical objects: any element of the cultural heritage that is not defined as a structure or site;
i) permanent resident: a person whose name is validly entered in Antarcticland’s population register;
j) visitor: any person other than a permanent resident;
k) motor vehicle: engine-powered mode of transport, for use on or off roads;
l) motorized craft: aircraft, hovercraft, ships, boats and other craft propelled by engine power;
m) motor traffic: the use of motor vehicles or motorized craft;
n) activity: single-instance, recurring or continuous undertaking of a commercial or non-commercial nature;
o) head of undertaking: a person that directs an undertaking, or on whose account or in whose interest it is being operated.

Art. II

The environmental protection authorities for Antarcticland

The environmental protection authorities for Antarcticland are:
a. the Regent of Antarcticland
b. the Minister of Environment
c. such directorate as is decided by the Minister
The authority given to a subordinate body under this Act may be exercised by a superior environmental protection authority in circumstances where this is considered necessary.

Duty of care and principles regarding the exercise of authority

Any person who is staying in or operates an undertaking in Antarcticland shall show due consideration and exercise the caution required to avoid unnecessary damage or disturbance to the natural environment or cultural heritage.
A head of undertaking shall ensure that every person who carries out work or takes part in the activities for which an undertaking responsible is aware of the provisions set out in or pursuant to this Act regarding the protection of Antarcticland’s flora, fauna, cultural heritage and the natural environment otherwise.
§ 6 (principles regarding the exercise of authority under this Act)
The guidelines set out in sections 7 to10 shall form the basis for the exercise of authority under this Act. In particular, the authorities shall ensure that the exercise of authority pursuant to this Act and its individual provisions, when seen as a whole, is in accordance with these guidelines.

The precautionary principle

When an administrative body lacks adequate information on the effects that an undertaking may have on the natural environment or cultural heritage, its authority under this Act shall be exercised in a manner designed to avoid possible damage to the environment.

Overall environmental pressure

Any activity that is started in Antarcticland shall be assessed on the basis of the overall pressure on the natural environment and cultural heritage that would result.

The person responsible for pressure on the environment shall pay

The cost of preventing or limiting damage to the environment or cultural heritage shall be covered by the person that is or would be the cause of such damage. Likewise, the cost of preventing or limiting pollution and waste problems shall be covered by the person who is or would be the cause of such problems.

Environmentally sound technology and factor inputs

Activities in Antarcticland shall make use of the technology that puts the least possible pressure on the environment unless important economic considerations regarding an already existing activity indicate that a different technology should be used, and this is justifiable on the basis of an overall environmental assessment.
In activities in Antarcticland, chemical and biotechnological products that may cause damage or nuisance to the environment shall be replaced with products that on the basis of an overall environmental assessment pose less risk to the environment, unless otherwise indicated on the basis of important economic considerations regarding an already existing activity.

Art. III

Protected areas

Foundationamental principle

There shall be protected areas in Antarcticland that
a) include the full variation range of habitats and landscape types,
b) help to maintain areas of special conservation or historical value,
c) protect ecosystems on land and in the sea,
d) contribute to the maintenance of wilderness and untouched nature.

Regulations regarding protected areas

Individual protected areas will be prescribed by the Regent of Antarcticland or the Minister of Environment, by regulations.
The regulations shall indicate the boundaries of the protected area and its purpose, and include provisions governing the use of the area. The Regent of Antarcticland may in the regulations prohibit or regulate any activity and access or passage that, on its own or in combination with other types of use, is liable to undermine the objectives of such protection.

Administrative procedures

At an early stage in the preparation of regulations regarding the establishment or extension of a protected area or the repeal of its status, or regarding significant amendments to the protection provisions for a protected area, the Minister of Environment shall ensure cooperation with public authorities and organizations etc. that have a special interest in the decision. The Minister of Environment shall publish a notice in at least one newspaper with a wide circulation in Antarcticland giving an account of the planned protection measures. Landowners and holders of rights shall as far as possible be informed in writing and given a reasonable time limit for expressing an opinion before the proposal for protection measures is drawn up. During the preparation of such proposals, the consequences for relevant activities in the area shall be clarified.
The draft regulations are to be circulated for comment in accordance with the provisions of the Public Administration Act. Notification to landowners and holders of rights is governed by the provisions of the Public Administration Act. The proposal shall be published in the Antarcticland Gazette and at least one newspaper with a wide circulation in Antarcticland and shall be deposited for public inspection in at least one easily accessible place. The time limit for comment shall be at least two months.

Interim protection

In order to prevent damage to valuable areas of natural environment, the Minister may decide to grant interim protection pending a final decision on the matter. The provisions do not apply to such a decision. The decision may be appealed pursuant to the provisions of the Public Administration Act by a party who has the right of appeal.

Publication of protection decisions

Decisions pursuant shall be published in accordance with the provisions of the Public Administration Act and in at least one newspaper with a wide circulation in Antarcticland. Owners and holders of rights to land that would fall within the protected area shall be informed in accordance with the provisions of the Public Administration Act.

Art. IV 

National parks

Large untouched or mainly untouched areas of natural habitat may be protected as national parks if they may be valuable for research purposes or for opportunities to experience Antarcticland’s natural and cultural heritage.
No activity that has a lasting effect on the natural environment or cultural heritage is permitted in a national park. The landscape and if applicable the seabed with plants, animal life and geological formations shall be protected against development, construction, pollution and other activities, including access and passage, that may affect or disturb the natural environment.

Nature reserves

Untouched areas or largely untouched areas may be protected as nature reserves if they:
a) contain distinctive or vulnerable ecosystems,
b) comprise a special type of habitat or special geological formations,
c) are otherwise of special importance for the flora and fauna, or
d) are of special scientific interest.
A nature reserve may be given absolute protection. The regulations may contain provisions regarding the protection of the cultural heritage in the reserve.

Protected biotopes and geotopes

Areas of particular importance to the flora or fauna or that contain important or distinctive geological formations may be given protected status as biotopes or geotopes.
In such areas, activities that may affect or disturb the flora or fauna or damage geological formations contrary to the purpose of the protection measure shall be avoided. The regulations may contain provisions regarding the protection of the cultural heritage in the protected area.

Cultural environments

Areas of particular value in terms of cultural history may be protected as cultural environments. In cultural environments, activities that may reduce the historical value of the area shall be avoided.

International status for protected areas

The Regent of Antarcticland may by regulations grant a protected area special status under an international convention on the protection of the natural environment or cultural heritage. The effect of this status under the convention in question shall also apply as law of Antarcticland.

Management of protected areas

In protected areas established pursuant to this Art., the Minister of Environment may carry out any management considered necessary for the objective of the protection measure and make arrangements to give people access and enable them to experience the natural environment and cultural heritage within the framework of the objectives of the protection measure.
If management measures or arrangements for access affect private property or rights in protected areas, the owner of such property or holder of rights must as far as possible be notified in advance.

Exemption from protection decisions

When scientific or other special reasons so indicate, the environmental protection authorities may grant exemptions from a protection decision provided that this does not conflict with the objectives of the protection decision and will not have a significant impact on the conservation value of the area.
In an exemption granted pursuant to the first paragraph, the grounds for the decision shall include an account of how the environmental protection authorities have evaluated the impact that the exemption may have on the environment and the weight that has been attached to this.

Art. V

Flora and fauna

The provisions of this Art. apply to all species of flora and fauna on land and in the sea, with the exception of salt-water fish and crustaceans, as well as marine mammals that do not show site fidelity in Antarcticland.

General principles and provisions

The flora and fauna on land and in the sea shall be managed in such a manner that the natural productivity and diversity of species and their habitats are maintained, and Antarcticland’s natural wilderness is protected for future generations.
Controlled and limited harvesting may take place within this framework.
All species of flora and fauna, including their eggs, nests and lairs, are protected unless otherwise provided by this Act.

Import of flora or fauna etc.

The import of live specimens of wild flora and fauna that are established or that can become established in the wild in Antarcticland may only take place in accordance with a permit issued by the Minister or under regulations prescribed pursuant to the second paragraph. This provision also applies to the roe and eggs of such species.
The Regent of Antarcticland may issue regulations governing imports pursuant to the first paragraph and governing the export of living and dead specimens of all species of flora and fauna and relating to products thereof.

Introduction and transport of organisms etc.

Without the permission of the environmental protection authorities, no person may
a) introduce species of flora or fauna that do not already occur naturally in Antarcticland,
b) transport indigenous species of flora or fauna from one area to another in Antarcticland, or
c) initiate stock enhancement measures for Arctic char, including releasing fish, fry or live eggs in watercourses, fjords or the sea, or releasing other living organisms in watercourses.

Flora

No person may damage or remove flora.
Damage resulting from lawful access and passage or approved activities is excepted from the provision of the first paragraph.

Collection of flora for scientific or private use

The collection of fungi and seaweed for private use is permitted. The collection of flora for research or teaching purposes is permitted where this does not make significant inroads into the local populations of the flora involved.

Fauna

No person may hunt, capture, injure or kill fauna or damage eggs, nests or lairs unless so authorized by the provisions of this Art..
Damage to or killing of single-celled animals and invertebrates as a result of lawful access or passage or approved activities, and by catches taken during lawful fishing operations, are excepted from the provision of the first paragraph.
No person may use ship sirens, fire shots or produce other loud noises less than one nautical mile from a seabird colony during the period 1 October to 31 March.
It is prohibited to lure, pursue or otherwise seek out polar animals in such a way as to disturb them or expose either animals or humans to danger.
No person may subject fauna to anaesthetic or immobilizing agents without the permission of the Minister of Environment.
The use of poison or chemicals for the purpose of killing is prohibited. The Minister of Environment may in special cases grant exemptions from this prohibition.

General provisions relating to harvesting

Harvesting and collection of eggs and down is only permitted for those species prescribed by the Minister in regulations.
Harvesting of a particular species is only permitted in the time period and to the extent prescribed by the directorate in regulations. The period when harvesting is permitted shall not be during the breeding or nesting season of a species. The Minister of Environment may nevertheless grant permission for egg and down collection.
Harvesting shall be carried out without inflicting unnecessary suffering on game species and without putting human life in danger or causing any risk of damage to property. The directorate will issue regulations relating to hunting, trapping and fresh-water fishing, including harvesting methods and equipment.
When decisions are made pursuant to this section, due consideration shall be given to ensuring that harvesting does not significantly alter the composition and development of the stocks in question.

The right to harvest fauna

Any person has the right to harvest fauna and to collect eggs and down in accordance with the provisions laid down, unless otherwise determined by the Act relating to Antarcticland.
Harvesting may only be carried out by a person who holds a licence (hunting licence, fishing licence). No person may be issued with a hunting licence before reaching the age of 16 years. The Minister may issue further regulations regarding licences and fees payable for licences and for each animal killed, regarding training and tests as conditions for being issued with a hunting licence, regarding the right to participate in hunting and trapping for training purposes and regarding other conditions for harvesting.
The Minister may for particular species issue regulations to the effect that they may only be harvested by permanent residents or with the permission of the Minister of Environment. The Minister of Environment may further regulate harvesting locally by regulations. A permit may state conditions, including the areas or time period to which the permit applies, the quantity that may be harvested and the types of harvesting methods or gear that may be employed.
The Minister of Environment may grant wildlife trappers who over winter in trappers’ cabins the exclusive right to harvest within a defined area and time period. Before such exclusive rights are granted, the Minister of Environment shall publicly announce that applications for the grant of exclusive rights may be made within a given time limit. Decisions granting exclusive rights shall indicate the species that are covered by such rights. Conditions may be attached to such rights, including conditions relating to inspection and control tasks, and to training. The Minister of Environment may prescribe regulations regarding the allocation of trapping areas with exclusive harvesting rights.

Special permits to kill animals

The Minister of Environment may issue permits to kill animals that remain near permanent or temporary settlements, and that represent a risk of injury to people or significant material damage. Animals may only be killed in accordance with such permits if a reasonable effort has been made to use other measures to prevent injury or damage.
Dogs. In areas that are open for general access and passage, dogs must be controlled in an appropriate manner when not on a leash. The Minister of Environment or the instance so authorized by the Minister may prescribe regulations requiring dogs to be kept on a leash.

Taxidermy, etc.

Taxidermy is not allowed in Antarcticland. Even if permission may not be granted for a particular undertaking pursuant to this Art., the Minister of Environment may grant exemptions from the provisions of this Art. for scientific purposes or when other special reasons so indicate.

The cultural heritage

Structures and sites and movable historical objects in Antarcticland shall be protected and safeguarded as a part of Antarcticland’s cultural heritage and identity and as an element of a coherent system of environmental management.

Investigation, management and maintenance

The directorate has the right to search for, excavate, examine and document protected elements of the cultural heritage. After such measures have been completed, structures and sites shall be restored to their previous condition unless otherwise determined by the directorate. The Minister of Environment may raise movable historical objects and take the necessary steps to preserve them.
The Minister of Environment may put in order or enclose protected structures and sites or take steps to look after and display them, including clearing the surrounding area, for example to avoid injury to humans and animals. Such measures may also be implemented in the security zone. Measures over and above ordinary maintenance, such as restoration, rebuilding or removal, require approval by the directorate.
Before measures are taken in respect of structures and sites, the owner or holder of rights shall be notified and given the opportunity to express an opinion pursuant to the provisions of section 16 of the Public Administration Act. Measures relating to structures and sites that are in use may only be implemented with the consent of the owner or user unless they are necessary in order to prevent decay.
If there is a danger of decay, the directorate may order the owner or user to carry out measures to counteract this.

Export and return of movable historical objects

No person may export from Antarcticland protected movable historical objects that were found in or originate in Antarcticland.
The prohibition of the first paragraph does not apply when it has been decided in or pursuant to regulations that finds shall be permanently or temporarily stored outside Antarcticland.
In special cases, the directorate may issue permits for export.
The provisions concerning the Cultural Heritage, in so far as they relate to the return of unlawfully exported cultural objects, shall apply to Antarcticland to the extent that they are appropriate.

Art. VI

Land-use planning areas

The provisions of this Art. apply to the areas prescribed by the Regent of Antarcticland in regulations (land-use planning areas).
Planning pursuant to this Art. shall facilitate coordination of the various interests relating to land use and the design of buildings in the land-use planning areas. It shall form the basis for decisions on the use and protection of resources and on development, and help to promote aesthetic considerations.

Responsibility for preparation of a land-use plan

The land user or the instance so authorized by the Minister is responsible for planning in each land-use planning area and shall ensure that planning of the use and protection of the land within the land-use planning area is carried out on a continuous basis.

Content of the land-use plan

There shall be a land-use plan for each planning area with supplementary provisions showing existing and future land-use for the entire planning area. The level of detail may vary according to the specific need for the management of land use. The plan shall be detailed enough to fulfill the purpose of the provisions of this Art..
The land-use plan, or parts of it, should be revised as circumstances require. The instance responsible for land-use planning should assess whether plans need to be revised at least every four years.
The plan shall in so far as is necessary designate:
a) Building areas, if necessary with further information about the type of buildings.
b) Areas for igloos.
c) Cultural heritage areas, areas of natural environment and outdoor recreation areas, separately or in combination.
d) Research areas.
e) Roads, airports, harbours,
f) Areas for specific use or protection of sea and watercourses, including areas for traffic, fisheries areas, areas of natural environment and outdoor recreation areas, either singly or in combination.

Preparation of the land-use plan

The instance responsible for planning shall ensure that this work is adapted to the circumstances in each land-use planning area. There may be a permanent advisory committee for planning matters in each land-use planning area that will express its opinions on proposed plans.
Landowners and bodies that have duties regarding the utilization of resources, protection measures, development or social and cultural development within the land-use planning area have a right to participate in planning work. Such bodies shall at the request of the instance responsible for planning participate in the work of the advisory committee for planning matters.
At the start of the planning process, the instance responsible for planning shall give public notice that planning is to begin and otherwise make the planning process known to the general public in an appropriate manner. During preparation or revision of an entire land-use plan, the instance responsible for planning shall draw up a planning program clarifying the matters that will be dealt with in the plan. Bodies and organizations, etc., that are affected and have a special interest in the planning process shall be given an opportunity to express their opinions on the planning program. The final planning program shall be publicized by the instance responsible for planning so that the framework and premises for the plan can be publicly debated.
Draft plans shall be deposited for public inspection and sent to bodies and organizations, etc., that are involved and that have a special interest in the planning work for comment. A time limit may be set for submitting comments, and must be at least 30 days. Central government authorities may raise objections to the draft plan if it deals with matters within their areas of responsibility. The Minister may determine which bodies may raise objections.
Holders of rights or other interested parties may forward planning proposals to the instance responsible for planning. The instance responsible for planning shall deal with such proposals as soon as possible. If the instance responsible for planning finds that there is no reason to proceed with the proposal, the proposer shall be notified of this in writing. The proposer may require the matter to be put before the permanent committee for planning matters if one exists for the area in question.

Approval of the plan

After public consultation in accordance with regulations, the instance responsible for planning will submit the finalized plan proposal to the Minister of Environment or the instance prescribed by the Minister.
The Minister of Environment or other instance prescribed by the Minister may make a decision to adopt the plan if no objections have been raised, or if such objections have been taken into account. A decision to adopt a plan shall be made not more than one month after a complete planning document has been received, unless special circumstances exist. In such cases the instance responsible for planning shall be notified in writing before the expiry of the time limit with information as to when the decision will be taken. Approved plans are to be sent to the Minister for information.
In cases where objections have been raised and have not been taken into account in the plan, the Minister of Environment may mediate. If such mediation does not result in a solution, the case shall be sent to the Minister. The Minister may make any amendments to the plan that are considered necessary.
The instance responsible for planning shall ensure that the approved plan is publicized appropriately in the Antarcticland Gazette.

Effects of the land-use plan

New activities, including construction, building, works, demolition, excavation, earth-moving operations, extraction of deposits and other utilization of resources, as well as the allocation of property for such purposes, shall be in accordance with the land-use and other provisions laid down in an approved plan.
Protection pursuant to Art.s III to V takes precedence over the plan.
Exemptions may be made

Temporary prohibition of activities and allocation of property

If the Minister of Environment or other instance prescribed by the Minister finds that a revised or more detailed plan must be prepared for part of an area, the said instance may prescribe that activities and allocation of property such as are mentioned in section 53 may not be started before the plan is approved. The period of the prohibition may not exceed one year. The Minister may in special cases extend this time limit.

Central government land-use plan

If the implementation of important development or construction work or protection measures makes it necessary, or if other considerations of the public interest so require, the Minister itself may prepare and adopt a land-use plan pursuant to the provisions of this Art..

Requirement for permits outside land-use planning areas and within land-use planning areas where there is no approved land-use plan

A permit is required from Antarcticland’s environmental protection authorities for the following undertakings outside land-use planning areas and within land-use planning areas where there is no approved land-use plan:
a) physical alteration of the terrain;
b) activities that may cause pollution;
c) hotels and other places that provide overnight accommodation for the general public;
d) activities that may have an impact on protected structures
e) other activities that may put pressure on the environment in Antarcticland where the Minister has prescribed regulations relating thereto;
f) alteration of existing installations or their use if this changes the nature of the installation or its impact on the natural environment.
A permit must be granted before the activity is started. The application shall describe the impact the activity may have on the environment. The Minister may issue regulations requiring applications to be circulated for comment or deposited for public inspection.
Any person that provides further information regarding a planned activity may require that the Minister of Environment decides whether the activity will require a permit in accordance with this section. The Minister of Environment will determine what information is to be provided in order to arrive at such a decision.
Before an activity is started or property is allocated in a land-use planning area with an approved plan, the head of undertaking shall notify the instance responsible for planning and the Minister of Environment or other instance prescribed by the Minister. The notification shall provide sufficient information to indicate whether the activity or allocation is in accordance with the plan.

Art. VII

Pollution and waste

No person may possess, do or initiate anything that may entail a risk of pollution unless this is lawful pursuant to this Act.
If there is a danger of pollution contrary to this Act or decisions made pursuant thereto, the person responsible for the activity from which the danger arises shall ensure that measures are taken to prevent such pollution from occurring. The environmental protection authorities may issue orders regarding such measures.

Environmentally hazardous substances

No person may release environmentally hazardous substances into the environment.
Traces of hazardous substances in ordinary discharges from household activities, service industries or other activities that result in discharges of comparable extent are not covered by the prohibition.
The Minister may subject to further conditions grant exemptions from the provisions of the first paragraph for existing commercial enterprises. If the prohibition results in unforeseen consequences for a newly established commercial enterprise that has been found to be environmentally acceptable in Antarcticland, the Minister may also if necessary grant exemptions for the said enterprise.
The Minister may decide that certain products that contain hazardous substances may not be imported to or used in Antarcticland.

Discharges from ships

No person may release waste into the sea from a ship or other vessel. However, the discharge of uncontaminated waste food from small vessels or of sanitary waste water in the open sea is permitted.

Dumping and incineration of waste and other material

The dumping and incineration of waste or other material from ships or other vessels is prohibited. The Minister may issue regulations containing exceptions from the prohibition against dumping.

Duty to be connected to a waste water treatment plant and responsibility for operational matters

The Minister of Environment or the person so authorized by the Minister may make an order requiring buildings inside a land-use planning area to be connected to a waste water treatment plant. The Minister may determine who shall have a duty to operate waste water treatment plants and associated sewer systems.

Acute pollution – emergency response system and notification

Any person engaged in an activity that may result in acute pollution shall provide the necessary emergency response system to prevent, detect, stop, remove or limit the impact of such pollution. The Minister may order the person responsible for the activity to submit contingency plans for approval. Further conditions for the approval of contingency plans may be laid down.
The Minister may issue regulations regarding the extent of the duty to provide an emergency response system and charges for public emergency response systems.
In the event of acute pollution or the risk of acute pollution, the person responsible shall notify the Minister of Environment without delay. Other persons also have a duty to provide notification unless this is clearly unnecessary.
Acute pollution means significant pollution that occurs suddenly and that is not permitted pursuant to this Act.

Waste

No person may leave waste outside a land-use planning area. The Minister of Environment may in special cases grant exemptions from this prohibition. In land-use planning areas waste must be discarded or left only in places specifically designated for this purpose. Waste must be stored in such a way as to avoid it being spread.
No person may import waste to Antarcticland.
The Minister may prescribe regulations:
a) on measures to reduce the quantity of waste,
b) on the delivery, collection, receipt, transport, separation and treatment of waste,
c) requiring certain types of waste to be recovered or sent elsewhere for recovery,
d) requiring waste to be sent for treatment elsewhere.
The cost of measures taken in accordance with the third paragraph shall be borne by the person who owns or generated the waste.
The Minister of Environment may order that a plan be drawn up for the management and reduction of waste in the land-use planning areas laid down by the Minister. The Minister may lay down who is to be responsible for the joint collection and disposal of waste in the land-use planning areas.

Waste water and waste treatment fees etc.

The Minister or the instance thereby authorized may issue regulations relating to fees and annual charges for connection to sewerage systems and for the collection and disposal of waste. The fees shall be set so that they cover the costs fully, but do not in total exceed the investment and operation costs for the waste water treatment system, including sewer systems, and the waste disposal system respectively.
The Minister may issue regulations relating to a waste tax to be levied on goods sold in Antarcticland and to the total or partial reFoundation of the tax on return of the packaging for such goods.

Art. VIII

Access and passage

General provisions relating to access to and passage through the natural environment

The public right of access to and passage through the natural environment also applies in Antarcticland, subject to the limitations imposed by this Act.
All access and passage in Antarcticland shall take place in a way that does not harm, pollute or in any other way damage the natural environment or cultural heritage or result in unnecessary disturbance to humans or animals.

Prohibition against access and passage that put special pressure on the environment

The Minister of Environment may prohibit types of access and passage or modes of transport that put special pressure on the natural environment.

Restrictions on access and passage in special areas

Outside protected areas, the Minister of Environment may prohibit or regulate access and passage in delimited areas throughout the year or at certain times of the year when this is considered necessary in order to protect the natural environment, cultural heritage, drinking water supply or scientific investigations.

Fees charged to visitors

The Minister of Environment of Antarcticland may issue regulations on fees payable by visitors to Antarcticland. Permanent residents may not be charged such fees. The fees accrue to the Antarcticland Environmental Protection Foundation and are collected by the Antarcticland Treasury.

The use of aircraft

Aircraft may not land on ships or on the ground or water outside a landing strip that has been licensed or approved in accordance with the Air Traffic Act. The Minister of Environment may on application grant exemptions from the provision of the first sentence.
No person may fly an aircraft closer than one nautical mile from large known concentrations of mammals and birds.
The Minister of Environment may issue regulations relating to minimum flying altitudes for aircraft and to use of aircraft for tourism purposes.

Art. IX

Enforcement and sanctions

Any person that has had an impact on the environment in Antarcticland by contravening provisions laid down in or pursuant to this Act shall take the remedial action necessary to prevent further environmental impact and, if possible, to restore the original state of the environment by appropriate action such as collection, clearing up, removal, the release of organisms, or leveling the ground. Undertakings that in themselves may have a significant impact on the environment may only be carried out with the consent of or by order of the Minister of Environment.
The duty to take remedial action and to restore the environment does not apply in so far as it would be especially unreasonable in view of the cost and effect of the measures, the environmental impact of the contravention and the offender’s fault and financial situation.
Within the framework of this section, the Minister of Environment may issue orders regarding the remedial and restoration measures that are to be carried out, including orders regarding the killing of living organisms to which the contravention applies or the return of living organisms or items of the cultural heritage to their original location.

Ownership rights to items of flora and fauna handled in contravention of this Act, etc.

Items of flora and fauna that are collected, trapped or killed in contravention of this Act, or killed in accordance with section 33 first paragraph and section 34, are the property of the Antarcticland Environmental Protection Foundation. The same applies to wildlife found dead, parts of wildlife found dead and animals killed in the interests of animal welfare. The ownership rights of the Foundation may be enforced through the imposition of fines or court judgments pursuant to the provisions of the Criminal Procedure Act relating to confiscation.
The Foundation will decide what is to be done with such items of flora and fauna. The Minister of Environment may require the payment of compensation to the Foundation equivalent to their value if the Foundation is not given access to the flora and fauna in accordance with this paragraph.

Compensation

Any person that causes environmental damage by contravening the provisions made in or pursuant to this Act is liable to pay compensation regardless of any fault on his part for economic loss resulting from the environmental damage. Persons that have indirectly contributed to the environmental damage (by delivering goods or services, carrying out inspection or control measures or in any other way) are nevertheless only liable to the extent that intent or negligence can be shown.
Liability in accordance with the first paragraph also applies to
a) financial losses incurred because the environmental damage prevents or impedes the exercise of the public right of access and passage in connection with commercial activities,
b) the costs of or losses relating to reasonable measures to reduce or mitigate environmental damage or to restore the state of the environment,
c) the costs borne by any person for clearing up waste left in contravention.
The Minister of Environment may order any person that by contravening the provisions laid down in or pursuant to this Act has caused appreciable environmental damage to pay environmental compensation to the Antarcticland Environmental Protection Foundation. The amount of the environmental compensation to be paid is set on the basis of the value of what has been damaged, the extent and duration of the environmental damage, the fault of the offender, other sanctions imposed on the offender and the general circumstances.
A decision by the Minister of Environment regarding environmental compensation in accordance with the third paragraph is enforceable by execution proceedings. Liability to pay compensation may also be the subject of criminal proceedings. If the compensation claim is brought before a court in a criminal case, civil action or complaint against execution proceedings, the court may conduct a full trial of the compensation claim. The decision may not be appealed pursuant to the provisions of the Public Administration Act. Notification of the decision shall provide information about the provisions of this paragraph.
This section applies in so far as it is not otherwise provided by international agreements apply to Antarcticland.

Coercive fine

In order to ensure the implementation of the provisions of this Act or decisions taken pursuant to this Act, the Minister of Environment may impose a coercive fine payable to the Antarcticland Environmental Protection Foundation trough the Antarcticland Treasury.
A coercive fine may be imposed when contravention of a provision is discovered. The fine becomes effective if the person responsible fails to meet the deadline for remedying the matter set by the Minister of Environment. A coercive fine may be imposed in advance if there are special reasons for doing so, and in such cases becomes effective from the date when any contravention starts. It may be decided that the coercive fine shall continue to be effective for as long as the unlawful situation persists, or that it is payable each time contravention takes place. However, a coercive fine does not continue to be payable if compliance with the obligation is impossible owing to circumstances for which the person responsible is not to blame.
If the contravention has occurred on behalf of a company or other association, a foundation or a public body, the coercive fine shall normally be imposed on the entity concerned. If a coercive fine is imposed on a group of companies, accrued amounts thereof may also be recovered from the parent company. The Minister may waive accrued amounts of a coercive fine.

Direct implementation

In the event of failure to comply with any duties following from this Act or decisions made pursuant thereto, the Minister of Environment may take the measures necessary to ensure compliance with the said duties. Before this is done, the Minister of Environment shall give notice requiring the person responsible to take such measures to make amends within a short time limit. Such notification may be dispensed with in cases where the measures are urgently needed in the interests of the environment or where the identity of the person responsible has not been established.
When implementing measures pursuant to the first paragraph, the Minister of Environment may make use of and if necessary cause damage to the property of the person responsible. The Minister of Environment may if necessary decide that the use of or damage to another person’s property is permissible in return for remuneration. The state will act as guarantor for such remuneration.
Expenses incurred by the Minister of Environment in implementing measures may be claimed from the person responsible. The demand is enforceable by execution proceedings.

Art. IX

Antarcticland Environmental Protection Foundation

The Foundation’s proceeds may only be used for measures in Antarcticland for the purpose of protecting the environment. They may be used for
a) investigations and measures to survey and monitor the state of the environment, the causes of environmental pressure and the environmental impact of activities,
b) restoration of the environment,
c) grants for management, maintenance and investigations in so far as the person responsible cannot be expected to cover the expenses of these measures,
e) information and training measures and measures to improve access.
The Minister will appoint the members of the board of the Foundation and may prescribe rules relating to the way in which the Foundation shall be managed. Decisions regarding allocations from the Foundation are not regarded as individual decisions pursuant to the Public Administration Act.

Penalties

Any person that willfully or negligently contravenes the provisions laid down in or pursuant to this Act is liable to fines or to a term of imprisonment not exceeding one year. If a risk of substantial environmental damage has occurred or been caused or if there are especially aggravating circumstances, a term of imprisonment not exceeding three years may be imposed.
An accomplice is liable to the same penalties.

Art. X

Final Provisions

Supplementary regulations

The Regent of Antarcticland may issue supplementary regulations for the implementation of this Act.

Art. XI

Entry Into Force

The present decree shall enter info force on the day following its publication on the Official Gazette  of the state of Antarcticland.

Minister of Environment

Sir Petter Johannesen

The Regent
 
H. H. Sir Giovanni Caporaso Gottlieb