Law relating to Protection of the Environment in Antarctica_Supplementary Provisions [MOE]

Supplementary Provisions

Article 1
(Dates of Enforcement)
The provisions of this Law shall come into force on the dates stipulated in each of the following items:
i.
the provisions of Chapter I (except Article 4); Chapter II (except Article s, paragraph 1 and Article 11, paragraph 7); Article 25, Article 27, Article 28, and Article 30, item (ii); and Article 2, Article 3, Article 8, and Articles 10 through 12 of the Annex shall come into force on the date when the Protocol (except Annex V to the Protocol) becomes effective with respect to Japan (hereinafter referred to as the "Protocol's Effective Date");
2.
the provisions of Article 20; Article 29, item (i) (only as it relates to Article 20); and Article s of the Annex shall come into force six months after Annex V to the Protocol becomes effective with respect to Japan;
3.
The provisions of Article s, paragraph 1; Article 11 , paragraph 7; Article 14, paragraph 2; Article 19; Article 29, item (i) (only as it relates to Article 14, paragraph 2 other than item (iii)) and item (iii); Article 30, item (i); Article 32, item (ii); and Articles 6 and 7 of the Annex shall come into force one year after the Protocol's Effective Date; and
4.
all provisions other than those listed in the three preceding items shall come into force six months after the Protocol's Effective Date.

Article 2
(Abolition of the Law on the Preservation of Fauna and Flora in Antarctica)
The Law on the Preservation of Fauna and Flora in Antarctica (Law No. 58 of 1982) shall be abolished.

Article 3
(Transitional Measures)

1. After the abolition the Law on the Preservation of Fauna and Flora in Antarctica (hereinafter referred to as the "Old Law") pursuant to the provisions of the preceding Article, the provisions of Articles 2 through 4, Articles (except paragraph 2), Article 6, and Articles 9 through 11 of the Old Law, to the degree they relate to the acts stipulated in each item of Article 3 , paragraph 1 , and paragraph 2 of the same Article of the Old Law, shall remain in force until the day immediately preceding the date stipulated in item (iii) of Article 1 of the Annex. In that case, the term "Minister of Foreign Affairs" and "an ordinance of the Ministry of Foreign Affairs" m the provisions shall be construed to mean "Director General of the Environment Agency" and "an ordinance of the Prime Minister's Office," respectively.

2. Permission and other treatment existing pursuant to the provisions of the Old Law at the time of enforcement of the provisions referred to in item (i) of Article 1 of the Annex shall be deemed to be permission and other treatment under the provisions of the Old Law which shall remain in force pursuant to the provisions of the preceding paragraph.

3. An Application presented to the Minister of Foreign Affairs pursuant to the provisions of Article s, paragraph 1 of the Old Law prior to the enforcement of the provisions referred to in item (i) of Article 1 of the Annex shall be deemed to have been presented to the Director General of the Environment Agency pursuant to the provisions of Article 5, paragraph 1 of the Old Law, which shall remain in force pursuant to the provisions of paragraph 1.


Article 4
Regarding the application of the provisions of paragraph 1 of the preceding Article during the period from the date specified in item (iv) of Article 1 of the Annex to the day immediately preceding the date specified in item (iii) of the same Article, the wording "Articles 2 through 4" in the said Article shall be construed to mean "Article 2, paragraph 4; Article 3; and Article 4"; the wording "in the provisions" shall be construed to mean "in the provisions, 'Antarctica' shall mean ' Antarctica stipulated in item (i) of Article 3 of the Law on Environmental Protection of Antarctica (Law No. __ of 1997, hereinafter referred to as "Antarctic Environmental Protection Law ")'", the wording "Antarctic Class Mammalia" shall be construed to mean "Antarctic Class Mammalia specified in item (x) of Article 3 of the Antarctic Environmental Protection Law" and the wording "Antarctic Class Aves" shall be construed to mean "Antarctic Class Aves specified in item (xi) of Article 3 of the Antarctic Environmental Protection Law.

Article 5
Regarding the application of the provisions of the preceding Article during the period from the date specified in item (ii) of Article 1 of the Annex to the day immediately preceding the date specified in item (iii) of the same Article, the wording "Article 2, paragraph 4; Article 3" in the Article shall be construed to mean "Article 3"; the wording "and the wording" shall be construed to mean "the wording"; and the wording "Article 3 of the Antarctic Environmental Protection Law" shall be construed to mean "'Article 3 of the Antarctic Environmental Protection Law'; and the wording 'Specially Protected Area' shall be construed to mean 'Antarctic Specially Protected Area specified in the provisions of item (v) of Article 3 of the Antarctic Environmental Protection Law.'"

Article 6

1. The provisions of Article 5, paragraph 1 and Article 11 paragraph 7 shall not apply to Antarctic Activities conducted in Antarctica by a person who was already engaged in Antarctic Activities in Antarctica at the time of the enforcement of the provisions referred to in item (iii) of Article 1 of the Annex and prior to his/her first departure from Antarctica.

2. The provisions of Article 14, paragraph 2 and Article 19 shall not apply to any act (including those mentioned in the provisions of Article 3 , paragraph 2 of the Annex) performed by a person referred to in the preceding paragraph in relation to permission he/she has received under item (iii) of Article 4 of the Old Law, which shall remain in force pursuant to the provisions of Article 3, paragraph 1 of the Annex, or to any act referred to in items (i) and (ii) of Article 4 of the Old Law performed by a person referred to in the preceding paragraph.

3. Any person referred to in paragraph 1 shall, without delay after the conclusion of an Antarctic Activity referred to in the same paragraph and in accordance with the provisions of an ordinance of the Prime Minister's Office, submit a report to the Director General of the Environment Agency on matters stipulated in an ordinance of the Prime Minister's Office.

4. Any person who has failed to submit the report referred to in the preceding paragraph or who has made a false report shall be guilty of an offense and liable to a fine not exceeding two hundred thousand yen.


Article 7
Regarding the application of this Law during the period from the date referred to in item (iii) of Article 1 of the Annex to the day immediately preceding the date referred to in item (ii) of the same Article, where the date referred to in item (ii) comes after the date referred to in item (iii), the wording "any Antarctic Specially Protected Area designated in the provisions of Article 3, paragraphs 1 and 3 of Annex V to the Protocol" in item (v) of Article 3 shall be construed to '' mean any area designated by the Antarctic Treaty Consultative Meetings, referred to in Article 1 (c) of the Protocol, where protection of the ecosystem is of particular scientific importance"; and the wording "satisfy the requirements determined by an ordinance of the Prime Minister's Office for Antarctic Specially Protected Areas pursuant to the Management Plan referred to in Article 6 of Annex V to the Protocol (in the case of the Antarctic Specially Protected Area for which the Management Plans not designated, the acts must be limited to those indispensable for scientific study)" in item (iii) of Article 7, paragraph 1 shall be construed to mean "satisfy conditions determined by an ordinance of the Prime Minister's Office as not adversely affecting the preservation of the ecosystem in the Antarctic Specially Protected Areas."

Article 8
The application of the penal provisions shall be as heretofore with respect to any act performed before the provisions of Articles 2 and 9 of the Annex came into force or to any act performed after the enforcement of the provisions of Article 2 of the Annex but before the lapse of the provisions of Articles 9 through 11 of the Old Law, which shall remain in force under the provisions of Article 3 paragraph 1 of the Annex.

Article 9
Partial Amendment to the Law Relating to the Prevention of Marine Pollution and Maritime Disaster
The Law Relating to the Prevention of Marine Pollution and Maritime Disaster shall be amended by adding, after "the designated wastes" in item (iv) of Article 10, paragraph 2, the wording "and byproducts referred to in item (iv) of Article 16 of the Law on Environmental Protection of Antarctica (Law No. __ of 1997)."

Article 10
Partial Amendment to the Environment Agency Establishment Law
The Environment Agency Establishment Law (Law No. 88 of 1971) shall be amended by replacing the wording "and the Law for the Protection of Endangered Wild Fauna and Flora (Law No. 75 of 1992)" in item (vii) of Article 4 with the wording "the Law for the Protection of Endangered Wild Fauna and Flora (Law No. 75 of 1992) and the Law on Environmental Protection in Antarctica (Law No. __ of 1997)."

Article 11
Transitional Measures Concerning Partial Amendment to the Environment Agency Establishment Law
Regarding the application of the provisions of item (vii) of Article 4 of the Environment Agency Establishment Law as amended pursuant to the provisions of the preceding Article and for the period from the date referred to in item (i) of Article 1 of the Annex to the day immediately preceding the date referred to in item (iii) of the same Article, the wording "and the Law on Environmental Protection of Antarctica (Law No. __ of 1997)" shall be amended to read "and the Law on Environmental Protection of Antarctica (Law No. __ of 1997) and the former Law on the Preservation of Fauna and Flora in Antarctica (Law No. 58 of 1982), which shall remain in force pursuant to the provisions of item (i) of Article 3 of the Annex to the Law on Environmental Protection of Antarctica."

Article 12
Partial Amendment to the Ministry of Foreign Affairs Establishment Law
The Ministry of Foreign Affairs Establishment Law (Law No. 283 of 1951) shall be partially amended by deleting item (xlvi) of Article 4 and changing item (xlvi) to item (xlv) in the same Article.