Section 39:
Duties and liabilities of Operator in case of environmental emergency.
(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.