Basic information
Outline of the system
Under the Antarctica (Environmental Protection) Act 1994 and consistent with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol), the importation of certain items into Antarctica is restricted or prohibited.
This legislation applies:
- to any person in the Ross Dependency;
- to any New Zealand citizen and to any person ordinarily resident in New Zealand;
- to any person who is for the time being a member of, or responsible for organising, any expedition to Antarctica which is organised in New Zealand or which proceeds from New Zealand as its final point of departure for Antarctica; and
- in respect of any act or omission occurring on board any ship or aircraft, to any person on board any ship or aircraft that is:
- a New Zealand ship or a New Zealand aircraft; or
- any other ship, whether registered or not and of whatever nationality, which proceeds from New Zealand as its final point of departure for Antarctica.
Product coverage
The import licensing system is implemented through the Antarctica (Environmental Protection) Act 1994 which provides that:
- No person shall introduce onto land or ice shelves or into water in Antarctica any species of animal, plant, or micro-organism not native to that area (s28(1) (e).
- No person shall import any non-sterile soil into Antarctica – except in accordance with a permit issued under the Act (s28(1) (f).
- No person shall import into Antarctica any dressed poultry knowing that an inspection in accordance with the Protocol on Environmental Protection to the Antarctic Treaty reveals evidence of disease.
- Permits to bring into Antarctica any animal, plant, or micro-organism not native to Antarctica, or to import any non-sterile soil shall only be issued in accordance with and subject to the restrictions and conditions set out in Article 4 of Annex II to the Madrid Protocol and appendices to that Annex and subject to other conditions as the Minister considers appropriate and not inconsistent with the purposes and principles in section 9 of the Antarctica (Environmental Protection) Act 1994.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The above restrictions have been put in place to implement the Protocol on Environmental Protection to the Antarctic Treaty. The objective of the Protocol on Environmental Protection to the Antarctic Treaty is the comprehensive protection of the Antarctic environment and its dependent and associated ecosystems.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The system applies to goods from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The permitting regime for Antarctic activities including the importation of certain goods as highlighted above is a statutory requirement.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The Antarctica (Environmental Protection) Act 1994 grants the Minister of Foreign Affairs the power to grant some permits with respect to proposed activities in Antarctica based on their likely impact on the Antarctic environment. Other permits require the approval of Antarctic Treaty Consultative Parties.
Is it possible for the government to abolish the system without legislative approval?
The Antarctica (Environmental Protection) Act 1994 may not be repealed without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
Not applicable.
What persons or firms are eligible to apply for a licence?
All persons to whom the Antarctica (Environmental Protection) Act 1994 applies are eligible to apply for a permit for a proposed activity in Antarctica.
Is there a registration fee?
There is no fee.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The applicants are required to provide the following information:
- A description of the proposed activity;
- A statement as to the likely environmental impact of the proposed activity;
- A statement as to whether the applicant is applying or has applied the environmental; assessment procedures set out in Annex I of the Madrid Protocol to the activity;
- The name and contact address in New Zealand of the person;
- The number of person the in the expedition likely to carry out the activity;
- The date and place of final departure from Antarctica;
- Further information may be required to be submitted based on the initial evaluation of the proposed activity.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Persons proposing to undertake activities in Antarctica including those which may involve the importation of certain goods are encouraged to contact the Ministry of Foreign Affairs as early as possible to discuss their plans and no later than three months before the proposed activity is expected to start.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Applicants are encouraged to seek permit before the end of September each year prior to the activity taking place but applications can be received through the year.
Issuing the license
Can a licence be granted immediately on request?
Permits cannot be granted immediately upon request. Permits should generally be obtained prior to activities being pursued in Antarctica. In exceptional circumstance permits can be issued retrospectively.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Permit applications are assessed by the Environment Division of the Ministry of Foreign Affairs who seek expert advice on the likely environmental impact of proposed activities and provide advice to the Minister of Foreign Affairs on whether to permit the activity and whether to impose conditions on the activity to protect the environment, and manage compliance, environmental monitoring and post-activity reporting.
Must the applications be passed on to other organs for visa, note or approval?
Applicants deal exclusively, with the Ministry of Foreign Affairs.
Are there any other conditions attached to the issue of a licence?
The Minister of Foreign Affairs can impose additional conditions on permits in order to minimise the effects of the activity on the Antarctic environment.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
No fee is charged.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
The issuance or denial of a permit is based on the likely impact of the activity on the Antarctic Environment.
Are the reasons for any refusal given to applicants?
The reason for a decision or conveyed to the applicant.
Have applicants a right of appeal in the event of refusal to issue a licence?
The applicants have recourse to judicial review of the decision under the Judicature Amendment Act 1972.
If so, to what bodies and under what procedures?
The applicants have recourse to judicial review of the decision under the Judicature Amendment Act 1972.
Importation
Are there any limitations as to the period of year during which importation may be made?
Applicants are encouraged to seek permit before the end of September each year prior to the activity taking place but applications can be received through the year.
What documents are required upon actual importation?
Permits are required to be carried at all times when undertaking approved activities.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative processes required.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of the permit depends upon the specific activity. Extensions to permits can be applied for by applicants.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty fee for not using a permit or portion of a permit.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits are not transferable but can be varied by the addition or omission of persons covered.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
No applicable.
Is a licence required as a condition to obtaining foreign exchange?
No applicable.
Is foreign exchange always available to cover licences issued?
No applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
No applicable.