Law relating to Protection of the Environment in Antarctica_Chapter IV

Chapter IV CONTROL

Article 21
(Collection of Reports)

The Director General of the Environment Agency may, to the extent necessary for the enforcement of this Law, ask a Supervisor and those persons performing acts in Antarctica to report on the status of their performance and other necessary matters.

Article 22
(On-the-Spot Inspections)

1. The Director General of the Environment Agency may, to the extent necessary for the enforcement of this Law, cause an Agency official to enter into buildings, Japanese ships, or Japanese aircraft in Antarctica that are managed by persons referred to in the preceding Article, to inspect the vehicles, documents, or other things, or to question the persons concerned.

2. The Observers referred to in Article 14, paragraph 2 of the Protocol may, to the extent stipulated by the Protocol, enter into buildings, ships, or aircraft that are managed by persons referred to in the preceding Article, to inspect the vehicles, documents, or other things, or to question the persons concerned.

3. Any Agency official who conducts on-the-spot inspections pursuant to the provisions of paragraph 1 shall carry a certificate verifying his/her identity and show the same to the persons concerned.

4. The powers stipulated in paragraph 1 shall not be construed as authorizing criminal investigations.

Article 23
(Orders for Measures to Be Taken)

1. If a person performing acts in Antarctica violates the provisions of Article 13; Article 14, paragraph 1 or 2; Article 16; or Articles 18 through 20 or performs or attempts to perform in a manner falling under the purview of any of the items in Article 7, paragraph 2 (except as provided for in the ensuing paragraph), the Director General of the Environment Agency may, if he/she determines it necessary for the protection of the Antarctic Environment, order that person or his/her Supervisor to halt such conduct, restore the original conditions within a reasonable period of time, or, if restoration of the original conditions is extremely difficult, take any alternative measures that may be necessary.

2. If the Antarctic Activities included in a certified Antarctic Activity Plan come under the purview of any of the items in Article 7, paragraph 2 due to any change in the Antarctic Environment that occurred after the Certification of the Plan and could not have been presupposed at the time of Certification or due to any advance in scientific knowledge regarding the Antarctic Environment that took place after Certification, and if the Director General of the Environment Agency determines that the said Antarctic Activities cannot be left as they are for fear they will cause serious damage to the Antarctic Environment, he/she may order the Supervisor of the Antarctic Activities or persons performing or seeking to perform acts that constitute the said Antarctic Activities to halt the Antarctic Activities or the acts, and to take any measures that may be deemed necessary for the protection of the Antarctic Environment.

3. If a person who has been ordered to restore the original conditions or to take alternative necessary measures pursuant to the provisions of paragraph 1 fails to comply with the order within the time limit specified in the order, the Director General of the Environment Agency may, on his/her own, restore the original conditions or take alternative necessary measures, as the case may be, and make the person who has failed to comply bear all or part of the expenses therefor.