Consideration of Mitigation Measures in Environmental Impact Assessment
The Representatives,
Recalling the Environmental Principles contained in Article 3 of the Protocol on Environmental Protection to the Antarctic Treaty (“the Protocol”), and specifically paragraph 2(c) of Article 3 which states that ‘activities in the Antarctic Treaty area shall be planned and conducted on the basis of information sufficient to allow prior assessments of, and informed judgments about, their possible impacts on the Antarctic environment and dependent and associated ecosystems and on the value of Antarctica for the conduct of scientific research’;
Recalling also the requirements under Article 8 of the Protocol and its Annex I regarding environmental impact assessment for proposed activities in the Antarctic Treaty area;
Recalling that under Article 8 of the Protocol that proposed activities shall be subject to the procedures set out in Annex I for prior assessment of the impact of those activities on the Antarctic environment or on dependent or associated ecosystems according to whether those activities are identified as having a less than a minor or transitory impact; a minor or transitory impact; or more than a minor or transitory impact;
Recalling specifically paragraph 2(g) of Article 3 of Annex I to the Protocol, which requires a Comprehensive Environmental Evaluation to include ‘identification of measures, including monitoring programmes, that could be taken to minimise or mitigate impacts of the proposed activity and to detect unforeseen impacts and that could provide early warning of any adverse effects of the activity as well as to deal promptly and effectively with accidents’;
Recognising that Article 1 of Annex I states that Parties shall consider, in accordance with appropriate national procedures, environmental impacts of proposed activities before their commencement;
Recognising that Parties are also encouraged to apply the appropriate level of environmental impact assessment commensurate with the level of environmental impact;
Noting that under Resolution 1 (1999) the Antarctic Treaty Consultative Meeting (“ATCM”) adopted Guidelines for Environmental Impact Assessment in Antarctica;
Noting also that under Resolution 1 (2016) the ATCM adopted revised Guidelines for Environmental Impact Assessment in Antarctica (“the Guidelines”); and
Desiring to ensure that, consistent with the Guidelines, all environmental impact assessment for proposed activities in Antarctica include mitigation measures, commensurate with the nature of the activity and the level of environmental impact;
Recommend that their Governments encourage that Initial Environmental Evaluation and, where appropriate and practical, Preliminary Stage levels of environmental impact assessment include identification of measures, commensurate with the nature of activity and the level of environmental impact, to minimise or mitigate the impacts of the proposed activity.
The Representatives,
Recalling the Environmental Principles contained in Article 3 of the Protocol on Environmental Protection to the Antarctic Treaty (“the Protocol”), and specifically paragraph 2(c) of Article 3 which states that ‘activities in the Antarctic Treaty area shall be planned and conducted on the basis of information sufficient to allow prior assessments of, and informed judgments about, their possible impacts on the Antarctic environment and dependent and associated ecosystems and on the value of Antarctica for the conduct of scientific research’;
Recalling also the requirements under Article 8 of the Protocol and its Annex I regarding environmental impact assessment for proposed activities in the Antarctic Treaty area;
Recalling that under Article 8 of the Protocol that proposed activities shall be subject to the procedures set out in Annex I for prior assessment of the impact of those activities on the Antarctic environment or on dependent or associated ecosystems according to whether those activities are identified as having a less than a minor or transitory impact; a minor or transitory impact; or more than a minor or transitory impact;
Recalling specifically paragraph 2(g) of Article 3 of Annex I to the Protocol, which requires a Comprehensive Environmental Evaluation to include ‘identification of measures, including monitoring programmes, that could be taken to minimise or mitigate impacts of the proposed activity and to detect unforeseen impacts and that could provide early warning of any adverse effects of the activity as well as to deal promptly and effectively with accidents’;
Recognising that Article 1 of Annex I states that Parties shall consider, in accordance with appropriate national procedures, environmental impacts of proposed activities before their commencement;
Recognising that Parties are also encouraged to apply the appropriate level of environmental impact assessment commensurate with the level of environmental impact;
Noting that under Resolution 1 (1999) the Antarctic Treaty Consultative Meeting (“ATCM”) adopted Guidelines for Environmental Impact Assessment in Antarctica;
Noting also that under Resolution 1 (2016) the ATCM adopted revised Guidelines for Environmental Impact Assessment in Antarctica (“the Guidelines”); and
Desiring to ensure that, consistent with the Guidelines, all environmental impact assessment for proposed activities in Antarctica include mitigation measures, commensurate with the nature of the activity and the level of environmental impact;
Recommend that their Governments encourage that Initial Environmental Evaluation and, where appropriate and practical, Preliminary Stage levels of environmental impact assessment include identification of measures, commensurate with the nature of activity and the level of environmental impact, to minimise or mitigate the impacts of the proposed activity.
