Antarctic Act 1994

Permits for entering and remaining in Antarctica

3 Permits required for British expeditions to Antarctica

(1) No person who is on a British expedition may enter or remain in Antarctica except in accordance with a permit granted under this section.

(2) Subsection (1) does not apply—

(a) to a person travelling through, on or above the high seas to an immediate destination outside Antarctica, or

(b) to a person entering or remaining in Antarctica for the sole purpose of fishing for profit.

(3) Subject to subsection (4), for the purposes of this section an expedition is a British expedition if—

(a) it was organised in the United Kingdom, or

(b) the place of final departure for Antarctica of the persons on the expedition was in the United Kingdom.

(4) An expedition organised in and authorised in writing by another Contracting Party shall not be regarded as a British expedition.

(5) Any person who contravenes subsection (1) shall be guilty of an offence.

(6) If subsection (1) is contravened by a person who—

(a) is on an expedition in respect of which a permit has been granted under this section to another person, and

(b) is specified or of a description specified in that permit,

that other person shall be guilty of an offence.

(7) If a person whose place of final departure for Antarctica was in the United Kingdom enters Antarctica in contravention of subsection (1)—

(a) the operator of the vessel or aircraft on which he enters Antarctica, and

(b) the master of that vessel or the commander of that aircraft,

shall each be guilty of an offence.

(8) The Secretary of State may on the application of any person grant to him a permit authorising any person specified or of a description specified in the permit to enter and remain in Antarctica on a British expedition.

4 Permits required for British stations in Antarctica

(1) No person may remain on a British station in Antarctica except in accordance with a permit granted under this section.

(2) For the purposes of this section a station is a British station if it is maintained by or on behalf of a United Kingdom national.

(3) Any person who contravenes subsection (1) shall be guilty of an offence.

(4) If subsection (1) is contravened by a person who—

(a) is on a station in respect of which a permit has been granted under this section to another person, and

(b) is specified or of a description specified in that permit,

that other person shall be guilty of an offence.

(5) The Secretary of State may on the application of any person grant to him a permit authorising any person specified or of a description specified in the permit to remain on any British station in Antarctica specified in the permit or of a description specified in the permit.

5 Permits required for British vessels and aircraft entering Antarctica

(1) No British vessel or British aircraft may enter Antarctica except in accordance with a permit granted under this section or under the written authorisation of another Contracting Party.

(2) Subsection (1) does not apply—

(a) to a vessel or aircraft travelling to an immediate destination outside Antarctica, or

(b) to a vessel entering Antarctica for the sole purpose of fishing for profit.

(3) In this section—

• “British vessel” means a United Kingdom ship within the meaning of section 21(1) of the [1979 c. 39.] Merchant Shipping Act 1979, and

• “British aircraft” means a British-controlled aircraft within the meaning of section 92 of the [1982 c. 16.] Civil Aviation Act 1982.

(4) If subsection (1) is contravened—

(a) the operator of the vessel or aircraft, and

(b) the master of the vessel or the commander of the aircraft,

shall each be guilty of an offence.

(5) The Secretary of State may on the application of any person grant to him a permit authorising any British vessel or aircraft of which he is the operator and which is specified or of a description specified in the permit to enter Antarctica on occasions or in circumstances specified in the permit.