Antarctic Act 2013
| Jurisdiction | UK Non-devolved |
| Citation | 2013 c. 15 |
| Year | 2013 |
activities carried out in Antarctica directly or indirectly give rise to an environmental emergency, andthe activities are connected with the United Kingdom,(2) A person who fails to comply with subsection (1) is guilty of an offence.(3) A person who is guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.(4) In determining the amount of a fine under subsection (3) the court must take into account the desirability of securing that the person pays by way of fine an amount at least equivalent to the costs specified in subsection (5) (to the extent that those costs have not been (and are not likely to be) recovered from the person under section 2 or 3) .(5) The costs referred to in subsection (4) are the costs that the person would have incurred had the person taken reasonable, prompt and effective response action.activities carried out in Antarctica directly or indirectly give rise to an environmental emergency,the person organising the activities does not take reasonable, prompt and effective response action, andreasonable response action is taken pursuant to Article 5(2) of Annex VI (action by Parties to Annex VI) .the person organising the activities is based in the United Kingdom, orthe activities are connected with the United Kingdom,the person organising the activities is based in the United Kingdom, orthat person is based in a State which is not a Party to Annex VI but the activities are connected with the United Kingdom,the Crown or a contractor, sub-contractor or agent of the Crown, oranother Party to Annex VI or a contractor, sub-contractor or agent of such a Party.(5) Proceedings pursuant to this section may be brought by any Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) .the end of the period of three years beginning with the day on which the reasonable response action referred to in subsection (1) (c) was commenced, orif later, the end of the period of three years beginning with the day on which Her Majesty's Government or the Party to Annex VI (as the case may be) ascertained, or ought reasonably to have ascertained, the identity of the person organising the activities.(7) Subsection (6) (b) does not permit the bringing of proceedings pursuant to this section after the end of the period of fifteen years beginning with the day on which the reasonable response action referred to in subsection (1) (c) was commenced.in England and Wales, to section 9(1) of the Limitation Act 1980 (time limit for actions for sums recoverable by statute) ;in Scotland, to section 6 of the Prescription and Limitation (Scotland) Act 1973 (extinction of obligations by prescriptive periods of 5 years) ;in Northern Ireland, to Article 4(d) of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11) ) (time limit for actions for sums recoverable by virtue of any statutory provision) .activities carried out in Antarctica directly or indirectly give rise to an environmental emergency,the person organising the activities does not take reasonable, prompt and effective response action, andno Party to Annex VI takes response action pursuant to Article 5(2) of Annex VI.(2) Where the person organising the activities is the Crown, the Secretary of State is (subject to this Part) liable to pay to the Antarctic Environmental Liability Fund an amount equal to the recoverable costs of the response action.the person organising the activities is based in the United Kingdom, orthe activities are connected with the United Kingdom,the Crown or a contractor, sub-contractor or agent of the Crown, oranother Party to Annex VI or a contractor, sub-contractor or agent of such a Party.(5) For the purposes of this section, the “recoverable costs” of any response action relating to an environmental emergency arising from any activities are the costs that the person organising the activities would have incurred had the person taken reasonable, prompt and effective response action.(6) An amount payable under subsection (3) is recoverable by the Secretary of State as if it were a debt due to the Secretary of State.the Antarctic Environmental Liability Fund, orsuch person as the Secretary of State considers appropriate for the purposes of securing that the amount is paid to that Fund.the Antarctic Environmental Liability Fund, orsuch person as the Secretary of State considers appropriate for the purposes of securing that the amount is paid to that Fund.(9) Proceedings may not be brought pursuant to subsection (6) at any time after the end of the period of fifteen years beginning with the day on which the Secretary of State became aware, or ought to have become aware, of the environmental emergency.
To continue reading
Request your trial