Antarctic Act 2013 Explanatory Notes

Antarctic Act 2013

2013 CHAPTER 15

Commentary on Sections

Part 1 – Environmental Emergencies

Information

Section 7 – Duty to inform the Secretary of State

39.Section 7 requires organisers of activities in Antarctica which are connected to the United Kingdom to inform the Secretary of State promptly of any environmental emergency of which they become aware as a result of the carrying out of those activities. There is a duty on a person to inform the Secretary of State on becoming aware of an environmental emergency even where the activities of that person did not cause the environmental emergency (subsection (2)). Failure to inform the Secretary of State as required is an offence (subsection (3)), the penalties for which are set out in subsection (5). Subsection (4) provides that a person shall not be guilty of an offence if he or she informed the Secretary of State as soon as practicable in all the circumstances of the environmental emergency. This reflects Article 4(3) of the Liability Annex.

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