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The Antarctic Act 1994 (Overseas Territories) (Amendment) Order 2017

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Article 1(2)

SCHEDULE 1

This schedule has no associated Explanatory Memorandum

Historic Sites and Monuments

1.  In section 10 (Historic Sites and Monuments), for subsections (3) and (4) substitute—

“(3) The Governor, with the consent of the Secretary of State, may on the application of any person grant to that person a permit authorising any United Kingdom national, or any non-national on a British expedition, who is specified or of a description specified in the permit, to do anything specified or of a description specified in the permit that would otherwise constitute a contravention of subsection (1).

(4) The Governor must not grant a permit under this section unless the Governor is satisfied that the activities authorised by the permit will be carried on only for the purposes of conservation or repair of–

(a)the Antarctic Historic Site or Monument to which the permit relates, or

(b)any object within it.”.

Protected places

2.  In section 11 (Places protected under the Convention), for subsection (4) substitute—

“(4) The Governor must not grant a permit under this section in respect of a non-national on a British expedition unless the Governor is satisfied that the activities authorised by the permit will be carried on only for the purposes of education or scientific research.”.

Grant of permits for activities prohibited by section 7, 8 and 9

3.  In section 12 (Grant of permits for activities prohibited by sections 7, 8 and 9), for subsection (2) substitute—

“(2) The Governor must not grant a permit under this section in respect of a non-national on a British expedition unless the Governor is satisfied that the activities authorised by the permit will be carried on only for the purposes of education or scientific research.”.

Penalties

4.  For section 20, substitute—

“20.—(1) Subject to subsection (2), any person who is guilty of an offence under this Part is liable on conviction on indictment to imprisonment for a term not exceeding two years, or to a fine, or to both, and on summary conviction to a fine not exceeding £5,000 or its equivalent.

(2) In the Falkland Islands, South Georgia and the South Sandwich Islands, St Helena, Ascension and Tristan da Cunha any person who is guilty of an offence under this Part is liable on conviction to imprisonment for a term not exceeding two years or to a fine or to both.”.

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