Chapter II REQUIREMENT AS TO PERMIT

No person in an Indian expedition shall enter or remain in Antarctica without a permit or the written authorisation of another Party to the Protocol:

Provided that no permit shall be required in the case of a person who is travelling through, on or above the high seas, to an immediate destination outside Antarctica.

No person shall enter or remain in an Indian station in Antarctica without a permit or the written authorisation of another Party to the Protocol.

No vessel or aircraft registered in India shall enter or remain in Antarctica without a permit or the written authorisation of another Party to the Protocol:

Provided that no permit shall be required in the case of a vessel travelling through, on or above the high seas, to an immediate destination outside Antarctica:

Provided further that no permit shall be required in respect of an aircraft travelling to an immediate destination outside Antarctica.

No person or vessel in Antarctica shall—

1. (a) drill, dredge or excavate for mineral resources;
2. (b) collect any samples of mineral resources; or
3. (c) do anything for the purpose of identifying specific mineral resource occurrences or deposits, or areas where such occurrences or deposits may be found, except in accordance with a permit issued under this Act: Provided that no permit shall be issued for the purposes of this section unless the Committee is satisfied that the activities shall be carried on only for the purposes—
4. (a) of scientific research; or
5. (b) connected with the construction, maintenance or repair in Antarctica of an Indian station or any other structure, road, runway or jetty maintained by or on behalf of India. Explanation.—For the purposes of this section, “mineral resource” means any natural resource that is neither living nor renewable.

No person in Antarctica shall, without a permit or written authorisation of another Party to the Protocol—

1. (a) remove or damage native plants intentionally in a manner that significantly affects their local distribution or abundance;
2. (b) fly or land a helicopter or other aircraft intentionally in a manner that disturbs any concentration of native birds or seals;
3. (c) use a vehicle or vessel, including a hovercraft and a small boat, intentionally in a manner that disturbs any concentration of native birds or seals;
4. (d) use an explosive or firearm intentionally in a manner that disturbs any concentration of native birds or seals;
5. (e) while on foot, wilfully disturb a breeding or moulting native bird or concentration of seals;
6. (f) significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it;
7. (g) engage in any activity that results in the significant adverse change of the habitat of any specially protected species or population of native mammals, native birds, native plants or native invertebrates;
8. (h) remove soil or any biological material native to Antarctica intentionally; or
   • (i) kill, injure, capture, handle or molest a native mammal or native bird unless such act was done to protect the life of a person. Explanation.—For the purposes of this section,—
   • (i) “native bird” means a member, at any stage of its life cycle including eggs, of any species of the class Aves that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring or the dead body or parts thereof and fossils;
   • (ii) “native invertebrate” means any terrestrial or aquatic invertebrate, at any stage of its life cycle that is indigenous to Antarctica, including any part thereof and fossils;
   • (iii) “native mammal” means a member of any species of the class mammalia that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring of or the dead body or parts thereof and fossils;
   • (iv) “native plant” means any terrestrial or aquatic vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to Antarctica or parts of such vegetation, other than fossils;
   • (v) “specially protected species” means any native species designated as a specially protected species in the Protocol and the Convention.

No person, vessel or aircraft shall introduce in any part of Antarctica any animal of a species that is not indigenous to Antarctica, or any plant that is not a native plant, except in accordance with a permit or the written authorisation of another Party to the Protocol:

Provided that the provisions of this section shall not apply to food other than poultry or live animals.

No person shall introduce into any part of

Antarctica any microscopic organism of a species which is not indigenous to Antarctica, except in accordance with a permit or the written authorisation of another Party to the Protocol.

No person or vessel or aircraft shall enter into an

Antarctic Specially Protected Area or Marine Protected Area as may be prescribed except in accordance with a permit or the written authorisation of another Party to the Protocol.

No person, vessel or aircraft shall dispose of waste in Antarctica except in accordance with a permit or the written authorisation of another Party to the Protocol.

No vessel shall, while in Antarctica, discharge into the sea any oil or oily mixture, effluent, bilge water or any food waste except in accordance with a permit or the written authorisation of another Party to the Protocol.

1. (1) The Committee may, in individual cases, for reasons to be recorded in writing, grant permit for the following purposes, namely:—
   • (i) to obtain specimens or any other sample for study or scientific information;
   • (ii) to obtain specimens for museums, herbariums, zoological and botanical gardens, or other educational or cultural institutions or uses: Provided that such permission shall be limited so as to ensure that—
   • (a) only such number of native mammals, birds, invertebrates, plants or any other sample are taken that are strictly necessary to meet the purposes of this section;
   • (b) only such number of native mammals or birds are killed, such that it can normally be replaced by natural reproduction in the following season;
   • (c) the diversity of species, as well as the habitats essential to their existence and the balance of the ecological systems existing in the Antarctica are maintained;
   • (d) Ommatophocarossii (Ross Seal) or any other species as may be prescribed shall be accorded special protection and permit for killing, injuring, capturing or handling of these species may be issued only for scientific purpose, if the survival or recovery of that species or local population is not jeopardised, and non-lethal techniques are used as far as possible; and
   • (e) the killing, injuring, capturing or handling of mammals or birds is done in a manner that involves least degree of pain and suffering.
2. (2) The permit issued for the purposes of this section shall specifically mention the name of the issuing authority and the receiver of the permission, the duration and place of the activity permitted including the size, weight and volume of the sample intended to be collected.

The provisions of sections 4, 5, 6,

11, 12 and 13 shall not apply in respect of emergencies involving the safety of a person, the protection of the environment or the safety of any vessel, aircraft, equipment or facility that has a significant value.

Any person who intends to go to

Antarctica for the purpose of commercial fishing shall apply for a permit to the Secretariat of the Commission for the Conservation of Antarctic Marine Living Resources through the Committee.