Commentary on Sections Preparatory measures Section 5 – Duty to take preventative measures and make contingency plan
28.Section 5(2) requires the organiser of activities in Antarctica, where those activities are connected to the United Kingdom, to take reasonable preventative measures designed to reduce the risk of environmental emergencies arising from those activities and their potential adverse impact. This reflects Article 3 of the Liability Annex.
29.“Activities connected with the United Kingdom” is defined in section 13(9). “Environmental emergency” is defined in section 13(3), which reflects the definition in Article 2(b) of the Liability Annex.
30.Subsection (3) gives some examples of the preventative steps that the organiser may need to take to satisfy the obligation in subsection (2) to reduce the risk of environmental emergencies and reduce the potential adverse impact of any such emergencies. The examples of preventative measures outlined in subsection (3) are not exhaustive. Subsection (6) requires the measures to be taken before the persons who will carry out the activities enter Antarctica.
31.Subsection (4) requires those organising activities in Antarctica, where those activities are connected to the United Kingdom, to develop a contingency plan for responding to environmental emergencies and other incidents which may have a potential adverse impact on the Antarctic environment. This reflects Article 4 of the Liability Annex.
32.Subsection (5) gives examples of what a contingency plan required by subsection (4) might include, such as setting out plans for taking action in response to an environmental emergency or incident and arrangements for informing the Secretary of State. The examples outlined in subsection (5) are not exhaustive. Subsection (6) requires the plan to be made before the persons who will carry out the activities enter Antarctica.
33.Subsections (7) and (8) make it an offence to contravene the requirements of subsection (2) or (4) by the time specified in subsection (6). The penalties are set out in subsection (9).