Chapter V GRANT, SUSPENSION OR CANCELLATION OF PERMIT

1. (1) Every application for grant of permit under this Act shall be made to the Committee in accordance with the provisions of this Chapter.
2. (2) Every application under sub-section (1) shall be in such form, contain such particulars and be accompanied by such fees as may be prescribed.
3. (3) The Committee may, after making such inquiry as it deems fit and having regard to the particulars referred to in sub-section (4) and subject to such terms and conditions as may be prescribed, grant permit for the purposes of this Act.
4. (4) While granting permit under sub-section (3), the Committee shall have regard to the following matters, namely:—
   • (a) adverse effect on climate or weather patterns;
   • (b) adverse effect on air, snow, soil, land or water quality;
   • (c) significant changes in the atmospheric, terrestrial, aquatic, glacial, noise or marine environment;
   • (d) harmful changes in the distribution, abundance or productivity of native microbes, animal or plant species or their population;
   • (e) harm or jeopardise endangered species or population;
   • (f) harm or significantly jeopardise the areas of environmental, biological, geological, scientific, historic, wilderness or aesthetic significance or of a primeval nature; and
   • (g) such other significant detrimental effects on the Antarctic environment and its dependent and associated ecosystems as may be prescribed.
5. (5) The Committee shall, before issuing a permit, require the applicant to carry out the environmental impact assessment of the proposed activities in such manner as may be prescribed and shall issue a permit if the conditions specified therein has been complied with: Provided that any application for a permit relating to activities in Antarctica which has reasonable apprehension of causing less than a minor or transitory impact on the environment shall be made to the Committee six months prior to the commencement of the proposed activity: Provided further that while examining an activity, the Committee shall take into account the opinion of the independent experts: Provided also that if after examination, the Committee is satisfied that such activity has reasonable apprehension of causing minor or transitory impact on the environment, then it shall require the applicant to conduct an Initial Environmental Evaluation and to submit a report thereon to it, three months prior to the commencement of the proposed activity: Provided also that if after conducting the Initial Environmental Evaluation, the Committee is of the opinion that the activities will have more than a minor or transitory impact on the environment, it shall require the applicant to conduct a Comprehensive Environmental Evaluation and to submit a report thereon.
6. (6) Notwithstanding anything contained in this Act, the Committee shall not grant a permit under this section authorising any person or a vessel or an aircraft on an Indian expedition, unless it is satisfied that a waste management plan and an emergency plan for the expedition have been prepared in such manner as may be prescribed: Provided that the waste management plan shall include details of such wastes which are intended to be shipped from Antarctica into the Indian territory or territory of any other Party for disposal. Explanation.—For the purposes of this sub-section,—
   • (i) “waste management plan” means the waste management plan referred to in sub-section (3) of section 34;
   • (ii) “emergency plan” means a plan to meet the environmental emergency referred to in section 39.
7. (7) The permit granted under this section, unless sooner revoked, shall remain in force for such period as specified in the permit and may be renewed, on an application made in this behalf sixty days before the date of its expiration, for such period and on payment of such fees as may be prescribed: Provided that a permit may be renewed on an application made within sixty days before the date of its expiration, if the Committee is satisfied that there was sufficient cause for not making the application on time.

Notwithstanding anything contained in any other law for the time being in force, where a vessel or aircraft is part of an Indian expedition or fishing in Antarctica but whose owner or Operator is not part of such expedition or fishing, then such owner or Operator who is sufficiently identified in the permit, either by class or other description shall also be bound by the conditions of the permit.

1. (1) If the Committee has reasonable grounds to believe that the holder of any permit has made any incorrect or false statement or concealed any material fact in the application or has contravened any of the provisions of this Act or the rules or orders made or notifications issued thereunder or contravened any conditions of permit, it may, by order, suspend the permit pending the completion of any inquiry against such permit holder.
2. (2) After making an inquiry under sub-section (1), the Committee may, without prejudice to any other penalty to which such permit holder may be liable under the provisions of this Act, cancel the permit: Provided that no permit shall be suspended under sub-section (1) or cancelled under this sub-section, unless the holder of the permit has been given a reasonable opportunity of being heard: Provided further that the Committee may suspend or cancel a permit without giving the permit holder an opportunity of being heard, if it is satisfied, for reasons to be recorded in writing, that it is not reasonably practicable to do so.
3. (3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Central Government or the Committee may, in the interest of national security, maintenance of law and order or any other matter of public interest and without prejudice to any additional penalty to which such permit holder may be liable under the provisions of this Act, order the suspension or cancellation of such permit.
4. (4) Any person whose permit has been suspended under sub-section (1) shall, immediately after such suspension, stop all activities in respect of which the permit has been granted, until the order of suspension has been revoked.
5. (5) Every holder of a permit which is suspended or cancelled shall, immediately after such suspension or cancellation, surrender the permit to the Committee.
6. (6) Every order of suspension or cancellation of a permit under this section shall be in writing.