Section 39
Duties and liabilities of Operator in case of environmental emergency.
The Indian Antarctic Act, 2022
About this Act
An Act to provide for the national measures for protecting the Antarctic environment and dependent and associated ecosystems and to give effect to the Antarctic Treaty, the Convention on the Conservation of Antarctic Marine Living Resources and to the Protocol on Environmental Protection to the Antarctic Treaty and for matters connected therewith or incidental thereto.
(1) If an
environmental emergency occurs from any activity in Antarctica and dependent and associated
ecosystems, the Operator shall, without delay, take effective response action and inform the
Committee and the Director General appointed under the Merchant Shipping Act, 1958 (44 of 1958)
of such environmental emergency and thereafter, the Committee shall transmit it to the Parties to the
Treaty.
(2) If no response action is taken by the Operator under sub-section (1) and the nature of the environmental emergency requires immediate response action, the Party, where the vessel or aircraft is registered, may undertake such action on behalf of the Operator, and the Operator shall be liable to pay the cost of such response action taken by the Party or Parties, as may be prescribed in accordance with Annex VI to the Protocol.
(3) If no response action is taken by the Operator or by any Party or Parties, the Operator shall be liable to such penalty as may be prescribed in accordance with Annex VI to the Protocol.
Explanation.--For the purposes of this section, the expression "environmental emergency" means any unforeseen or accidental event that results in, or imminently threatens to result in, significant and harmful impact on the Antarctic environment.
(2) If no response action is taken by the Operator under sub-section (1) and the nature of the environmental emergency requires immediate response action, the Party, where the vessel or aircraft is registered, may undertake such action on behalf of the Operator, and the Operator shall be liable to pay the cost of such response action taken by the Party or Parties, as may be prescribed in accordance with Annex VI to the Protocol.
(3) If no response action is taken by the Operator or by any Party or Parties, the Operator shall be liable to such penalty as may be prescribed in accordance with Annex VI to the Protocol.
Explanation.--For the purposes of this section, the expression "environmental emergency" means any unforeseen or accidental event that results in, or imminently threatens to result in, significant and harmful impact on the Antarctic environment.