Law relating to Protection of the Environment in Antarctica_Chapter I

Chapter I GENERAL PROVISIONS

Article 1 (Purposes): This Law aims at protecting through international cooperation the environment of Antarctica (hereinafter referred to as the "Antarctic Environment" and including dependent and associated ecosystems and the Intrinsic Value of Antarctica, which must be comprehensively protected) by establishing a system to certify Antarctic Activity Plans and by taking measures to restrict certain acts in Antarctica, so as to secure the smooth and accurate implementation of the Protocol on Environmental Protection to the Antarctic Treaty (hereinafter referred to as the "Protocol." and including Annexes I through V thereof), thereby contributing to the welfare of humankind as well as ensuring the health and culture of Japanese nationals now and in the future.

Article 2 (Scope of Application): This Law shall apply to Japanese nationals, juridical persons of Japan, aliens residing in Japan, and foreign juridical persons having offices in Japan whose employees engage in Antarctic Activities or are involved in the supervision of Antarctic Activities in connection with the business of the said juridical persons.

Article 3 (Definitions)

For the purposes of this Law, the following terms shall have the meanings specified below:

i.

"Antarctica" means the land areas (including ice shelves and the space above them) and the marine areas (including the sea below the ice shelves) south of 60 degrees South latitude.

2.

"Intrinsic Value of Antarctica" means the scientific, historical, and aesthetic value of Antarctica as well as the value inherent in maintaining wildness.

3.

"Antarctic Activities" means scientific research, tourism, and certain other activities that involve a series of acts aimed at achieving a certain purpose.

4.

"Antarctic Activity Plan" means a plan related to one or more Antarctic Activities.

5.

"Antarctic Specially Protected Area" means any Antarctic Specially Protected Area as defined in the provisions of Article 3, paragraphs 1 and 3 of Annex V to the Protocol and designated by an ordinance of the Prime Minister's Office.

6.

"Specified Activities" means the following activities when conducted in the marine areas of Antarctica (except those performed in unison with Antarctic Activities not listed below):

a.: the killing or captivity Of marine animals or plants living in the marine areas of Antarctica without violating the provisions of any law or regulation restricting or prohibiting such action (such provisions being limited to those designated by a Cabinet order) and any act incidental thereto that is designated by an ordinance of the Prime Minister's Office;
2.: the sailing of ships or flying of aircraft (not including entry into a Antarctic Specially Protected Area) and any act incidental thereto that is designated by an ordinance of the Prime Minister's Office; and
3.: the conducting of scientific research (except that listed in (a) above) the results of which are to be made public.

7.

"Components of the Antarctic Environment" means the atmosphere of Antarctica, the water of Antarctica, animals and plants living in or growing in Antarctica, and other aspects of the Antarctic Environment (including its weather and other phenomena and conditions related to the components of Antarctica) as designated by an ordinance of the Prime Minister's Office.

8.

"Impact on the Antarctic Environment" means any impact that an Antarctic Activity may have on the Components of the Antarctic Environment.

9.

"Mineral Resource Activity" means exploration, prospecting, and mining of minerals (including coal, lignite, petroleum, and natural gas).

10.

"Antarctic Mammals" means a live member of a species belonging to the Class Mammalia that is determined by an ordinance of the Prime Minister's Office to be living in Antarctica.

11.

"Antarctic Birds" means a live member of a species belonging to the Class Aves that is determined by an ordinance of the Prime Minister's Office to be living in Antarctica.

12.

"Waste" means useless solids or liquids that have been generated on the land area of Antarctica (not including the atmosphere) or have been brought into the land area of Antarctica.

13.

"Antarctic Historic Sites and Monuments" means historic sites and monuments registered in the list of Historic Sites and Monuments (which are referred to in the latter half of Article 8, paragraph 5 of Annex V to the Protocol) and so designated by an Ordinance of the Prime Minister's Office.

Article 4 (Publication of the Basic Principles for Consideration)

1. For the smooth and accurate, implementation of the Protocol, the Director General of the Environment Agency shall determine and make public the basic principles for consideration for the protection of the Antarctic Environment (hereinafter in this Article referred to as "Basic Principles for Consideration") that must be observed by any person (hereinafter referred to as a "Supervisor") who supervises any Antarctic Activity that has received certification under paragraph 1 of the following Article and by anyone engaged in any Antarctic Activity.

2. In determining the Basic Principles for Consideration, the Director General of the Environment Agency shall consult with the Minister of Education, Science, Sports and Culture and heads of other related administrative agencies.

3. The provisions of the two preceding paragraphs shall apply, mutatis mutandis, to revisions of the Basic Principles for Consideration.