Antarctic Marine Living Resources Act 1981 (No. 53 of 1981)

Reprint as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Public Act 1981 No 53 Date of assent 20 October 1981 Commencement 1 January 1982 Contents Page Title 2 1 Short Title, commencement, and application 2 2 Interpretation 2 3 Act to bind the Crown 4 4 Restrictions on taking marine organisms 4 5 Permits 4 6 Register of permits 6 7 Offence to take marine organism without permit 6 8 Inspectors and special inspectors [Repealed] 7 9 Powers of search 7 10 Inspectors, etc, protected from proceedings 8 11 Programmes, etc, relating to marine organisms 8 12 Evidentiary certificates 8 13 Offences and penalties 9 14 Defences in respect of certain offences 10 15 Liability for causing inspector to incur expense 10 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint. A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint. This Act is administered by the Ministry of Foreign Affairs and Trade. 1 Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 16 No derogation from certain enactments 11 17 Regulations 11 Schedule 13 An Act to give effect to the Convention on the Conservation of Antarctic Marine Living Resources 1 Short Title, commencement, and application (1) This Act may be cited as the Antarctic Marine Living Re sources Act 1981. (2) This Act shall come into force on 1 January 1982. (3) The provisions of this Act shall apply in respect of— (a) any matter or thing done, to be done, or omitted to be done within New Zealand or New Zealand fisheries waters: (b) any act or omission occurring on any New Zealand ship or aircraft, or by any New Zealand citizen, wherever that ship or aircraft or person may be. 2 Interpretation (1) In this Act, unless the context otherwise requires,— aircraft has the same meaning as in section 2 of the Civil Aviation Act 1990 another contracting party means a contracting party to the Convention other than New Zealand Antarctic Convergence has the meaning given to it by Art icle I of the Convention conservation measures means measures for the conservation of Antarcticmarine living resources that are adopted from time to time by the Commission for the Conservation of Antarctic Marine Living Resources under Article IX of the Convention Convention means the Convention on the Conservation of Antarctic Marine Living Resources that was opened for sig nature at Canberra on 1 August 1980, a copy of the English text of which is set out in Schedule 1 2 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 s 2 Convention Area means the area south of the Antarctic Con vergence hovercraft means a machine designed to be supported in the atmosphere, wholly or partly by air expelled from the machine to form a cushion extending beneath themachine to the surface of any ground, water, or other portion of the earth’s surface inspectormeans a person who is a high seas fishery inspector by virtue of section 113Q of the Fisheries Act 1996 marine organism means any organism in the Convention Area that belongs to any species of living organisms that are found in the Convention Area Minister means the Minister of Fisheries; and includes any person authorised by the Minister to exercise all or any of his powers under this Act New Zealand includes the Ross Dependency New Zealand fisheries waters has the same meaning as in section 2(1) of the Fisheries Act 1996 New Zealand national means— (a) a New Zealand citizen; or (b) an individual who is ordinarily resident inNewZealand, as defined in section 6(2) and (3) of the Overseas Invest ment Act 2005; or (c) a body corporate established by or under New Zealand law New Zealand ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 permit means a permit issued under this Act take includes— (a) to take, catch, kill, injure, attract, poison, tranquilise, herd, harass, disturb, or possess: (b) to brand, tag, mark, or do any similar thing: (c) to attempt to do any act specified in paragraph (a) or paragraph (b) vessel means any ship, boat, steamer, lighter, launch, raft, barge, punt, or ferry boat; and includes every description of vessel, whether used in navigation or in any way kept or used as a hulk or storeship or for any other purpose. 3 s 3 Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 (2) Terms and expressions used in this Act but defined in the Con vention shall, unless the context otherwise requires, have the same meaning as in the Convention. Section 2(1) aircraft: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104). Section 2(1) hovercraft: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104). Section 2(1) inspector: inserted, on 1 May 2001, by section 2(2) of the Antarctic Marine Living Resources Amendment Act 1999 (1999 No 104). Section 2(1) inspector of sea fishing: repealed, on 1 May 2001, by section 2(2) of the AntarcticMarine Living Resources Amendment Act 1999 (1999No 104). Section 2(1) New Zealand fisheries waters: amended, on 1 May 2001, by section 2(1) of the Antarctic Marine Living Resources Amendment Act 1999 (1999 No 104). Section 2(1) New Zealand national: inserted, on 1 May 2001, by section 2(3) of the AntarcticMarine Living Resources Amendment Act 1999 (1999No 104). Section 2(1) New Zealand national paragraph (b): substituted, on 19 December 2002, by section 3 of the Antarctic Marine Living Resources Amendment Act 2002 (2002 No 56). Section 2(1) New Zealand national paragraph (b): amended, on 25 August 2005, by section 75 of the Overseas Investment Act 2005 (2005 No 82). Section 2(1) New Zealand ship: substituted, on 1 February 1995, by section 203 of the Maritime Transport Act 1994 (1994 No 104). 3 Act to bind the Crown This Act shall bind the Crown. 4 Restrictions on taking marine organisms Subject to this Act, no person shall in the Convention Area take any marine organism, whether alive or dead, without first obtaining a permit to do so from the Minister. 5 Permits (1) Subject to this section, upon application made to the Minis ter in writing, accompanied by the prescribed fee (if any), the Minister may grant to a person a permit in writing authorising the person to take marine organisms of a specified kind or kinds in, or in a specified part of, the Convention Area. (2) In considering any application for a permit, the Minister shall have regard to— 4 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 s 5 (a) the need to conserve marine organisms in accordance with the Convention: (b) the object and principles of the Convention. (3) The Minister may attach to any permit such conditions as he thinks fit, including conditions relating to— (a) the taking of marine organisms solely for the purposes of research: (b) the designation of the quantity of any species of marine organisms which may be taken in the Convention Area: (c) the designation of regions and subregions in the Con vention Area: (d) the designation of the quantity of any species of marine organisms which may be taken from the populations of regions and subregions: (e) the designation of protected species of marine organ isms: (f) the designation of the size, age, and, as appropriate, sex of the species of marine organisms which may be taken: (g) the designation of open and closed seasons for taking marine organisms: (h) the designation of the opening and closing of areas, re gions or subregions for purposes of scientific study or conservation, including special areas for protection and scientific study: (i) the regulation of the effort employed and methods of taking (including the vessels, gear, and equipment to be used): (j) the implementation of any system or interim arrange ment relating to observation and inspection established under Article XXIV of the Convention: (k) the taking of any other conservation measures: (l) the records that are to be kept and the data that is to be collected by the permit holder in relation to activities conducted under the permit, and any information which is to be supplied to the Minister. (4) Any permit may be revoked or suspended, and the conditions attached to it amended, at any time by the Minister. (5) No permit shall be transferred to any other person except with the consent in writing of the Minister. 5 s 6 Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 (6) The decision of the Minister as to whether or not to grant a permit, to impose or amend the conditions attached to a permit, or to revoke, suspend, or transfer a permit under this section shall be final. (7) The Minister shall give notice in the Gazette of any permit granted under this section. 6 Register of permits (1) The Minister shall cause to be kept, in such manner and at such place or places as he directs, a register of permits in force from time to time, showing the purpose for which the permit was granted and the conditions (if any) to which each permit is from time to time subject, and such other matters relating to each permit as the Minister thinks fit. (2) The register shall be open to the public, and shall be available for inspection during ordinary office hours on payment of the prescribed fee (if any). 7 Offence to take marine organism without permit (1) Subject to subsection (2), every person commits an offence against this Act and is liable on conviction to a fine not exceed ing $250,000 who, in the Convention Area, takes any marine organism otherwise than under or pursuant to this Act or a per mit. (2) No offence is committed against this Act by reason of any act or omission by a person— (a) to the extent that the act or omission is authorised under or pursuant to any enactment other than this Act; or (b) in the case of an act or omission by any person who is not a New Zealand national (otherwise than on board a New Zealand ship or aircraft), to the extent that the act or omission is authorised, whether expressly or im pliedly, by another contracting party. (3) Upon the conviction of any person for an offence against sub section (1), any marine organism unlawfully taken, and all vessels, vehicles, aircraft, hovercraft, gear, nets, tackle, equip ment, and apparatus used in respect of the commission of the 6 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 s 9 offence shall be forfeit to the Crown, and shall be disposed of as the Minister thinks fit. Section 7(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 7(1): amended, on 27 September 2001, by section 3 of the Antarctic Marine Living Resources Amendment Act 2001 (2001 No 53). Section 7(2)(b): amended, on 1 May 2001, by section 3 of the Antarctic Marine Living Resources Amendment Act 1999 (1999 No 104). 8 Inspectors and special inspectors [Repealed] Section 8: repealed, on 1May 2001, by section 4 of the AntarcticMarine Living Resources Amendment Act 1999 (1999 No 104). 9 Powers of search (1) Subject to this Act and notwithstanding anything to the con trary in the Fisheries Act 1996, every inspector who has rea son to believe or suspect that a breach of this Act or of any regulation made under it has been or is being committed, may stop, enter, inspect, and examine any vehicle, vessel, aircraft, or hovercraft. (2) An inspector shall not enter, inspect, or examine any aircraft or hovercraft unless he is accompanied by the pilot in command, or the owner, or a representative or agent of the owner, of the aircraft or hovercraft. (3) [Repealed] (4) Every inspector may, in the course of any search under this section, open (by force if necessary) any container, package, or receptacle, or seize and take away anything which he has reason to believe will be evidence of a breach of the provisions of this Act or of any regulation made under it. (5) Every person in or about any vehicle or vessel inspected under the provisions of this Act, and the pilot in command and the owner and every agent or representative of the owner of any aircraft or hovercraft so inspected, shall— (a) facilitate the entry, inspection, and examination by an inspector: (b) facilitate the removal of any container, package, recep tacle, or thing. 7 s 10 Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 (6) The provisions of Part 4 of the Search and Surveillance Act 2012 (except for subparts 3 and 8) apply. Section 9(1): amended, on 1 May 2001, by section 5 of the Antarctic Marine Living Resources Amendment Act 1999 (1999 No 104). Section 9(3): repealed, on 1 October 2012, by section 199(2) of the Search and Surveillance Act 2012 (2012 No 24). Section 9(6): inserted, on 1 October 2012, by section 199(3) of the Search and Surveillance Act 2012 (2012 No 24). 10 Inspectors, etc, protected from proceedings No action or proceedings shall be brought against the Crown, or any inspector, or any person acting under the instructions of an inspector, in respect of any thing done or undertaken for the purpose of carrying out the provisions of this Act or any regulations made under it where the Crown or those persons have acted in good faith and with reasonable care. 11 Programmes, etc, relating to marine organisms The Minister may make arrangements for, or co-operate with any government, organisation, or person in— (a) the formulation and implementation of programmes; and (b) the carrying out of research; and (c) the dissemination of information— relating to the conservation of marine organisms. 12 Evidentiary certificates (1) The Minister may give a certificate stating— (a) that, at a time specified in the certificate, a vessel spe cified in the certificate was, or was not, a New Zealand ship: (b) that an area specified in the certificate is in the Conven tion Area, or is in a part of the Convention Area: (c) that, at a time specified in the certificate, an area speci fied in the certificate was part of New Zealand fisheries waters: (d) that, at a time specified in the certificate, a person spe cified in the certificate was, or was not, the holder of a permit authorising the person, in the Convention Area, 8 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 s 13 or in that part of the Convention Area specified in the certificate, to take marine organisms of a kind or kinds specified in the certificate. (2) A person giving a certificate under paragraph (1)(d) that a per son was, at a time specified in the certificate, the holder of a permit may, in the certificate, certify that the conditions speci fied in the certificate were the conditions to which the permit was subject at the time so specified. (3) In any proceedings for an offence against this Act, a certificate given under this section is prima facie evidence of the matters specified in the certificate. (4) For the purposes of this section, a writing purporting to be a certificate under this section shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given. 13 Offences and penalties (1) Every person commits an offence against this Act who— (a) acts in contravention of or fails to comply in any respect with any notice, direction, restriction, requirement, or condition given, made, or imposed under this Act or any regulations made under it; or (b) wilfully makes any false or misleading statement or any material omission in any communication with or appli cation or return to theMinister, or to any duly authorised officer performing his functions in pursuance of this Act (including any inspector); or (c) refuses or fails to furnish any return or information or particulars required by the Minister, or any duly author ised officer performing his functions in pursuance of this Act (including any inspector). (2) Every person commits an offence against this Act who, ex cept under the authority of any enactment, places or leaves any structure or trap or chemical or other substance in any place where a marine organism is or is likely to be and which injures or harms, or is likely to injure or harm, any marine organism. 9 s 14 Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 (3) Every person who commits an offence against this Act for which no penalty is provided otherwise than in this section is liable on conviction to a fine not exceeding— (a) in the case of an offence against subsection (2), $100,000; and (b) in any other case, $100,000. Section 13(1)(b): amended, on 1May 2001, by section 6 of theAntarcticMarine Living Resources Amendment Act 1999 (1999 No 104). Section 13(1)(c): amended, on 1May 2001, by section 6 of the AntarcticMarine Living Resources Amendment Act 1999 (1999 No 104). Section 13(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81). Section 13(3)(a): amended, on 27 September 2001, by section 4(a) of the Antarctic Marine Living Resources Amendment Act 2001 (2001 No 53). Section 13(3)(b): amended, on 27 September 2001, by section 4(b) of the Antarctic Marine Living Resources Amendment Act 2001 (2001 No 53). 14 Defences in respect of certain offences Where any person is charged with any offence under this Act, it shall be a defence to the charge if the defendant proves— (a) that the act or omission constituting the offence took place in circumstances of stress or emergency and was necessary for the preservation, protection, or mainten ance of human life: (b) where paragraph (a) does not apply and the act or omis sion was done by the holder of a permit, that the act or omission was unavoidable in the course of taking action in accordance with the permit or was reasonably neces sary to avoid damage to equipment used in taking action in accordance with the permit. 15 Liability for causing inspector to incur expense Where any person causes an inspector to incur any expense that he would not otherwise have incurred, by failing to com ply with or acting in contravention of any provision of this Act or any regulations made under it, or by failing to com ply with or acting in contravention of any order or direction or requirement or conditions reasonably and properly given or imposed in accordance with this Act or any such regulations, that person shall, upon conviction, reimburse the Crown for 10 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 s 17 the amount of any such expense that is, in the opinion of the convicting court, reasonably and properly incurred, and that amount shall be recoverable from that person in like manner as a fine. 16 No derogation from certain enactments Nothing in this Act shall derogate from the provisions of— (a) the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977: (b) the Marine Mammals Protection Act 1978: (c) Part 4 of the Antarctica (Environmental Protection) Act 1994: (d) the Ross Dependency Whaling Regulations 1929, as published in the Gazette on 31 October 1929, at pages 2747 and 2748. Section 16(a): amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74). Section 16(c): substituted, on 23 January 1998, by section 56(1) of the Antarctica (Environmental Protection) Act 1994 (1994 No 119). 17 Regulations The Governor-General may, from time to time by Order in Council, make regulations for all or any of the following pur poses: (a) providing for functions and powers to be conferred, and duties to be imposed, upon inspectors: (b) prescribing forms of applications and of permits re quired for the purposes of this Act: (c) prescribing the amount of any deposit or fees to be paid in respect of any application made under this Act, and in respect of the granting of any permit: (d) giving effect to the terms of any international agreement to which New Zealand is a party: (e) giving effect to any conservation measures and to any proposals for the conduct of international and national programmes of research formulated by the Scientific Committee for the Conservation of Antarctic Marine Living Resources established under the Convention: 11 s 17 Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 (f) providing for the implementation of any system or in terim arrangement relating to observation and inspec tion established under Article XXIV of the Convention: (g) providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. Section 17(a): amended, on 1 May 2001, by section 7 of the Antarctic Marine Living Resources Amendment Act 1999 (1999 No 104). 12 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Preamble Schedule s 2 Convention on the Conservation of Antarctic Marine Living Resources The Contracting Parties, Recognising the importance of safeguarding the environment and protecting the integrity of the ecosystem of the seas sur rounding Antarctica; Noting the concentration of marine living resources found in Antarctic waters and the increased interest in the possibilities offered by the utilization of these resources as a source of pro tein; Conscious of the urgency of ensuring the conservation of Antarctic marine living resources; Considering that it is essential to increase knowledge of the Antarctic marine ecosystem and its components so as to be able to base decisions on harvesting on sound scientific infor mation; Believing that the conservation of Antarctic marine living re sources calls for international co-operation with due regard for the provisions of the Antarctic Treaty and with the active in volvement of all States engaged in research or harvesting ac tivities in Antarctic waters; Recognising the prime responsibilities of the Antarctic Treaty Consultative Parties for the protection and preservation of the Antarctic environment and, in particular, their responsibilities under Article IX, paragraph 1(f) of the Antarctic Treaty in re spect of the preservation and conservation of living resources in Antarctica; Recalling the action already taken by the Antarctic Treaty Consultative Parties including in particular the Agreed Meas ures for the Conservation of Antarctic Fauna and Flora, as well as the provisions of the Convention for the Conservation of Antarctic Seals; Bearing in mind the concern regarding the conservation of Antarctic marine living resources expressed by the Consulta tive Parties at the Ninth Consultative Meeting of the Antarctic 13 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Treaty and the importance of the provisions of Recommenda tion IX–2 which led to the establishment of the present Con vention; Believing that it is in the interest of all mankind to preserve the waters surrounding the Antarctic continent for peaceful pur poses only and to prevent their becoming the scene or object of international discord; Recognising, in the light of the foregoing, that it is desirable to establish suitable machinery for recommending, promoting, deciding upon and co-ordinating the measures and scientific studies needed to ensure the conservation of Antarctic marine living organisms; Have agreed as follows: Article I 1. This Convention applies to the Antarctic marine living re sources of the area south of 60º South latitude and to the Antarctic marine living resources of the area between that latitude and the Antarctic Convergence which form part of the Antarctic marine ecosystem. 2. Antarctic marine living resources means the populations of fin fish, molluscs, crustaceans and all other species of living or ganisms, including birds, found south of the Antarctic Con vergence. 3. The Antarctic marine ecosystem means the complex of rela tionships of Antarctic marine living resources with each other and with their physical environment. 4. The Antarctic Convergence shall be deemed to be a line join ing the following points along parallels of latitude and merid ians of longitude: 50ºS, 0º; 50ºS, 30ºE; 45ºS, 30ºE; 45ºS, 80ºE; 55ºS, 80ºE; 55ºS, 150ºE; 60ºS, 150ºE; 60ºS, 50ºW; 50ºS, 50ºW; 50ºS, 0º. Article II 1. The objective of this Convention is the conservation of Antarc tic marine living resources. 14 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article II—continued 2. For the purposes of this Convention, the term “conservation” includes rational use. 3. Any harvesting and associated activities in the area to which this Convention applies shall be conducted in accordance with the provisions of this Convention and with the following prin ciples of conservation: (a) prevention of decrease in the size of any harvested population to levels below those which ensure its stable recruitment. For this purpose its size should not be allowed to fall below a level close to that which ensures the greatest net annual increment; (b) maintenance of the ecological relationships between harvested, dependent and related populations of Antarctic marine living resources and the restoration of depleted populations to the levels defined in sub-para graph (a) above; and (c) prevention of changes or minimization of the risk of changes in the marine ecosystem which are not poten tially reversible over 2 or 3 decades, taking into account the state of available knowledge of the direct and in direct impact of harvesting, the effect of the introduc tion of alien species, the effects of associated activities on the marine ecosystem and of the effects of environ mental changes, with the aim of making possible the sustained conservation of Antarctic marine living re sources. Article III TheContracting Parties, whether or not they are Parties to theAntarc tic Treaty, agree that they will not engage in any activities in the Antarctic Treaty area contrary to the principles and purposes of that Treaty and that, in their relations with each other, they are bound by the obligations contained in Articles I and V of the Antarctic Treaty. 15 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article IV 1. With respect to the Antarctic Treaty area, all Contracting Par ties, whether or not they are Parties to the Antarctic Treaty, are bound by Articles IV and VI of the Antarctic Treaty in their relations with each other. 2. Nothing in this Convention and no acts or activities taking place while the present Convention is in force shall: (a) constitute a basis for asserting, supporting or denying a claim to territorial sovereignty in the Antarctic Treaty area or create any rights of sovereignty in the Antarctic Treaty area; (b) be interpreted as a renunciation or diminution by any Contracting Party of, or as prejudicing, any right or claim or basis of claim to exercise coastal state juris diction under international law within the area to which this Convention applies; (c) be interpreted as prejudicing the position of any Con tracting Party as regards its recognition or non-recogni tion of any such right, claim or basis of claim; (d) affect the provision of Article IV, paragraph 2, of the Antarctic Treaty that no new claim, or enlargement of an existing claim, to territorial sovereignty in Antarctica shall be asserted while the Antarctic Treaty is in force. Article V 1. The Contracting Parties which are not Parties to the Antarctic Treaty acknowledge the special obligations and responsibil ities of the Antarctic Treaty Consultative Parties for the pro tection and preservation of the environment of the Antarctic Treaty area. 2. The Contracting Parties which are not Parties to the Antarc tic Treaty agree that, in their activities in the Antarctic Treaty area, they will observe as and when appropriate the Agreed Measures for the Conservation of Antarctic Fauna and Flora and such other measures as have been recommended by the Antarctic Treaty Consultative Parties in fulfilment of their re 16 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article V—continued sponsibility for the protection of the Antarctic environment from all forms of harmful human interference. 3. For the purposes of this Convention, “Antarctic Treaty Con sultative Parties” means the Contracting Parties to the Antarc tic Treaty whose Representatives participate inmeetings under Article IX of the Antarctic Treaty. Article VI Nothing in this Convention shall derogate from the rights and obli gations of Contracting Parties under the International Convention for the Regulation of Whaling and the Convention for the Conservation of Antarctic Seals. Article VII 1. The Contracting Parties hereby establish and agree to maintain the Commission for the Conservation of AntarcticMarine Liv ing Resources (hereinafter referred to as “the Commission”). 2. Membership in the Commission shall be as follows: (a) each Contracting Party which participated in the meet ing at which this Convention was adopted shall be a Member of the Commission; (b) each State Party which has acceded to this Convention pursuant to Article XXIX shall be entitled to be a Mem ber of the Commission during such time as that acced ing party is engaged in research or harvesting activities in relation to the marine living resources to which this Convention applies; (c) each regional economic integration organization which has acceded to this Convention pursuant to Art icle XXIX shall be entitled to be a Member of the Commission during such time as its States members are so entitled; (d) a Contracting Party seeking to participate in the work of the Commission pursuant to sub-paragraphs (b) and (c) above shall notify the Depositary of the basis upon 17 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article VII—continued which it seeks to become a Member of the Commission and of its willingness to accept conservation measures in force. The Depositary shall communicate to each Member of the Commission such notification and ac companying information. Within 2 months of receipt of such communication from the Depositary, any Mem ber of the Commission may request that a special meet ing of the Commission be held to consider the matter. Upon receipt of such request, the Depositary shall call such a meeting. If there is no request for a meeting, the Contracting Party submitting the notification shall be deemed to have satisfied the requirements for Com mission Membership. 3. Each Member of the Commission shall be represented by one representative who may be accompanied by alternate repre sentatives and advisers. Article VIII The Commission shall have legal personality and shall enjoy in the territory of each of the States Parties such legal capacity as may be necessary to perform its function and achieve the purposes of this Convention. The privileges and immunities to be enjoyed by the Commission and its staff in the territory of a State Party shall be de termined by agreement between the Commission and the State Party concerned. Article IX 1. The function of the Commission shall be to give effect to the objective and principles set out in Article II of this Convention. To this end, it shall: (a) facilitate research into and comprehensive studies of Antarctic marine living resources and of the Antarctic marine ecosystem; 18 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article IX—continued (b) compile data on the status of and changes in population of Antarctic marine living resources and on factors af fecting the distribution, abundance and productivity of harvested species and dependent or related species or populations; (c) ensure the acquisition of catch and effort statistics on harvested populations; (d) analyse, disseminate and publish the information re ferred to in sub-paragraphs (b) and (c) above and the reports of the Scientific Committee; (e) identify conservation needs and analyse the effective ness of conservation measures; (f) formulate, adopt and revise conservation measures on the basis of the best scientific evidence available, sub ject to the provisions of paragraph 5 of this Article; (g) implement the system of observation and inspection es tablished under Article XXIV of this Convention; (h) carry out such other activities as are necessary to fulfil the objective of this Convention. 2. The conservation measures referred to in paragraph 1(f) above include the following: (a) the designation of the quantity of any species which may be harvested in the area to which this Convention applies; (b) the designation of regions and sub-regions based on the distribution of populations of Antarctic marine living resources; (c) the designation of the quantity which may be harvested from the populations of regions and sub-regions; (d) the designation of protected species; (e) the designation of the size, age and, as appropriate, sex of species which may be harvested; (f) the designation of open and closed seasons for harvest ing; (g) the designation of the opening and closing of areas, re gions or sub-regions for purposes of scientific study or 19 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article IX—continued conservation, including special areas for protection and scientific study; (h) regulation of the effort employed and methods of har vesting, including fishing gear, with a view, inter alia, to avoiding undue concentration of harvesting in any re gion or sub-region; (i) the taking of such other conservation measures as the Commission considers necessary for the fulfilment of the objective of this Convention, including measures concerning the effects of harvesting and associated ac tivities on components of the marine ecosystem other than the harvested populations. 3. The Commission shall publish and maintain a record of all conservation measures in force. 4. In exercising its functions under paragraph 1 above, the Com mission shall take full account of the recommendations and advice of the Scientific Committee. 5. The Commission shall take full account of any relevant measures or regulations established or recommended by the Consultative Meetings pursuant to Article IX of the Antarctic Treaty or by existing fisheries commissions responsible for species which may enter the area to which this Convention applies, in order that there shall be no inconsistency between the rights and obligations of a Contracting Party under such regulations or measures and conservation measures which may be adopted by the Commission. 6. Conservation measures adopted by the Commission in accord ance with this Convention shall be implemented by Members of the Commission in the following manner: (a) the Commission shall notify conservation measures to all Members of the Commission; (b) conservation measures shall become binding upon all Members of the Commission 180 days after such noti fication, except as provided in sub-paragraphs (c) and (d) below; 20 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article IX—continued (c) if a Member of the Commission, within 90 days fol lowing the notification specified in sub-paragraph (a), notifies the Commission that it is unable to accept the conservation measure, in whole or in part, the meas ure shall not, to the extent stated, be binding upon that Member of the Commission; (d) in the event that any Member of the Commission invokes the procedure set forth in sub-paragraph (c) above, the Commission shall meet at the request of any Member of the Commission to review the conservation measure. At the time of such meeting and within 30 days following the meeting, any Member of the Commission shall have the right to declare that it is no longer able to accept the conservation measure, in which case the Member shall no longer be bound by such measure. Article X 1. The Commission shall draw the attention of any State which is not a Party to this Convention to any activity undertaken by its nationals or vessels which, in the opinion of the Commission, affects the implementation of the objective of this Convention. 2. The Commission shall draw the attention of all Contracting Parties to any activity which, in the opinion of the Commis sion, affects the implementation by a Contracting Party of the objective of this Convention or the compliance by that Con tracting Party with its obligations under this Convention. Article XI The Commission shall seek to co-operate with Contracting Parties which may exercise jurisdiction in marine areas adjacent to the area to which this Convention applies in respect of the conservation of any stock or stocks of associated species which occur both within those areas and the area to which this Convention applies, with a view to 21 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article XI—continued harmonizing the conservation measures adopted in respect of such stocks. Article XII 1. Decisions of the Commission on matters of substance shall be taken by consensus. The question of whether a matter is one of substance shall be treated as a matter of substance. 2. Decisions on matters other than those referred to in para graph 1 above shall be taken by a simple majority of the Members of the Commission present and voting. 3. In Commission consideration of any item requiring a decision, it shall be made clear whether a regional economic integration organization will participate in the taking of the decision and, if so, whether any of its member States will also participate. The number of Contracting Parties so participating shall not exceed the number of member States of the regional economic integration organization which are Members of the Commis sion. 4. In the taking of decisions pursuant to this Article, a regional economic integration organization shall have only one vote. Article XIII 1. The headquarters of the Commission shall be established at Hobart, Tasmania, Australia. 2. The Commission shall hold a regular annual meeting. Other meetings shall also be held at the request of one-third of its members and as otherwise provided in this Convention. The first meeting of the Commission shall be held within 3 months of the entry into force of this Convention, provided that among the Contracting Parties there are at least 2 States conducting harvesting activities within the area to which this Convention applies. The first meeting shall, in any event, be held within one year of the entry into force of this Convention. TheDepos itary shall consult with the signatory States regarding the first 22 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article XIII—continued Commission meeting, taking into account that a broad repre sentation of such States is necessary for the effective operation of the Commission. 3. The Depositary shall convene the first meeting of the Com mission at the headquarters of the Commission. Thereafter, meetings of the Commission shall be held at its headquarters, unless it decides otherwise. 4. The Commission shall elect from among its members a Chair man and Vice-Chairman, each of whom shall serve for a term of 2 years and shall be eligible for re-election for one addi tional term. The first Chairman shall, however, be elected for an initial term of 3 years. The Chairman and Vice-Chairman shall not be representatives of the same Contracting Party. 5. The Commission shall adopt and amend as necessary the rules of procedure for the conduct of its meetings, except with re spect to the matters dealt with in Article XII of this Conven tion. 6. The Commission may establish such subsidiary bodies as are necessary for the performance of its functions. Article XIV 1. The Contracting Parties hereby establish the Scientific Com mittee for the Conservation of Antarctic Marine Living Re sources (hereinafter referred to as “the Scientific Committee”) which shall be a consultative body to the Commission. The Scientific Committee shall normally meet at the headquarters of the Commission unless the Scientific Committee decides otherwise. 2. Each Member of the Commission shall be a member of the Scientific Committee and shall appoint a representative with suitable scientific qualifications who may be accompanied by other experts and advisers. 3. The Scientific Committee may seek the advice of other scien tists and experts as may be required on an ad hoc basis. 23 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article XV 1. The Scientific Committee shall provide a forum for consult ation and co-operation concerning the collection, study and exchange of information with respect to the marine living re sources to which this Convention applies. It shall encourage and promote co-operation in the field of scientific research in order to extend knowledge of the marine living resources of the Antarctic marine ecosystem. 2. The Scientific Committee shall conduct such activities as the Commission may direct in pursuance of the objective of this Convention and shall: (a) establish criteria and methods to be used for determin ations concerning the conservation measures referred to in Article IX of this Convention; (b) regularly assess the status and trends of the populations of Antarctic marine living resources; (c) analyse data concerning the direct and indirect effects of harvesting on the populations of Antarctic marine living resources; (d) assess the effects of proposed changes in the methods or levels of harvesting and proposed conservation meas ures; (e) transmit assessments, analyses, reports and recommen dations to the Commission as requested or on its own initiative regardingmeasures and research to implement the objective of this Convention; (f) formulate proposals for the conduct of international and national programs of research into Antarctic marine liv ing resources. 3. In carrying out its functions, the Scientific Committee shall have regard to the work of other relevant technical and sci entific organizations and to the scientific activities conducted within the framework of the Antarctic Treaty. 24 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article XVI 1. The first meeting of the Scientific Committee shall be held within 3 months of the first meeting of the Commission. The Scientific Committee shall meet thereafter as often as may be necessary to fulfil its functions. 2. The Scientific Committee shall adopt and amend as necessary its rules of procedure. The rules and any amendments thereto shall be approved by the Commission. The rules shall include procedures for the presentation of minority reports. 3. The Scientific Committee may establish, with the approval of the Commission, such subsidiary bodies as are necessary for the performance of its functions. Article XVII 1. The Commission shall appoint an Executive Secretary to serve the Commission and Scientific Committee according to such procedures and on such terms and conditions as the Commis sion may determine. His term of office shall be for 4 years and he shall be eligible for reappointment. 2. The Commission shall authorize such staff establishment for the Secretariat as may be necessary and the Executive Secre tary shall appoint, direct and supervise such staff according to such rules and procedures and on such terms and conditions as the Commission may determine. 3. The Executive Secretary and Secretariat shall perform the functions entrusted to them by the Commission. Article XVIII 1. The official languages of the Commission and of the Scientific Committee shall be English, French, Russian and Spanish. Article XIX 1. At each annual meeting, the Commission shall adopt by con sensus its budget and the budget of the Scientific Committee. 25 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article XIX—continued 2. A draft budget for the Commission and the Scientific Commit tee and any subsidiary bodies shall be prepared by the Execu tive Secretary and submitted to the Members of the Commis sion at least 60 days before the annual meeting of the Com mission. 3. Each Member of the Commission shall contribute to the budget. Until the expiration of 5 years after the entry into force of this Convention, the contribution of each Member of the Commission shall be equal. Thereafter the contribution shall be determined in accordance with 2 criteria: the amount harvested and an equal sharing among all Members of the Commission. The Commission shall determine by consensus the proportion in which these 2 criteria shall apply. 4. The financial activities of the Commission and Scientific Com mittee shall be conducted in accordance with financial regula tions adopted by the Commission and shall be subject to an annual audit by external auditors selected by the Commission. 5. Each Member of the Commission shall meet its own expenses arising from attendance at meetings of the Commission and of the Scientific Committee. 6. A Member of the Commission that fails to pay its contribu tions for 2 consecutive years shall not, during the period of its default, have the right to participate in the taking of decisions in the Commission. Article XX 1. The Members of the Commission shall, to the greatest extent possible, provide annually to the Commission and to the Sci entific Committee such statistical, biological and other data and information as the Commission and Scientific Committee may require in the exercise of their functions. 2. The Members of the Commission shall provide, in the manner and at such intervals as may be prescribed, information about their harvesting activities, including fishing areas and vessels, 26 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article XX—continued so as to enable reliable catch and effort statistics to be com piled. 3. The Members of the Commission shall provide to the Com mission at such intervals as may be prescribed information on steps taken to implement the conservation measures adopted by the Commission. 4. The Members of the Commission agree that in any of their harvesting activities, advantage shall be taken of opportunities to collect data needed to assess the impact of harvesting. Article XXI 1. Each Contracting Party shall take appropriate measures within its competence to ensure compliance with the provisions of this Convention and with conservation measures adopted by the Commission to which the Party is bound in accordance with Article IX of this Convention. 2. Each Contracting Party shall transmit to the Commission in formation on measures taken pursuant to paragraph 1 above, including the imposition of sanctions for any violation. Article XXII 1. Each Contracting Party undertakes to exert appropriate efforts, consistent with the Charter of the United Nations, to the end that no one engages in any activity contrary to the objective of this Convention. 2. Each Contracting Party shall notify the Commission of any such activity which comes to its attention. Article XXIII 1. The Commission and the Scientific Committee shall co-oper ate with the Antarctic Treaty Consultative Parties on matters falling within the competence of the latter. 2. The Commission and the Scientific Committee shall co-oper ate, as appropriate, with the Food and Agriculture Organisa 27 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article XXIII—continued tion of the United Nations and with other Specialised Agen cies. 3. The Commission and the Scientific Committee shall seek to develop co-operative working relationships, as appropriate, with inter-governmental and non-governmental organizations which could contribute to their work, including the Scientific Committee on Antarctic Research, the Scientific Committee on Oceanic Research and the International Whaling Commis sion. 4. The Commission may enter into agreements with the organ izations referred to in this Article and with other organizations as may be appropriate. The Commission and the Scientific Committee may invite such organizations to send observers to their meetings and to meetings of their subsidiary bodies. Article XXIV 1. In order to promote the objective and ensure observance of the provisions of this Convention, the Contracting Parties agree that a system of observation and inspection shall be estab lished. 2. The system of observation and inspection shall be elaborated by the Commission on the basis of the following principles: (a) Contracting Parties shall co-operate with each other to ensure the effective implementation of the system of ob servation and inspection, taking account of the existing international practice. This system shall include, in ter alia, procedures for boarding and inspection by ob servers and inspectors designated by the Members of the Commission and procedures for flag state prosecu tion and sanctions on the basis of evidence resulting from such boarding and inspections. A report of such prosecutions and sanctions imposed shall be included in the information referred to in Article XXI of this Con vention; 28 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article XXIV—continued (b) in order to verify compliance with measures adopted under this Convention, observation and inspection shall be carried out on board vessels engaged in scientific research or harvesting of marine living resources in the area to which this Convention applies, through observers and inspectors designated by the Members of the Commission and operating under terms and conditions to be established by the Commission; (c) designated observers and inspectors shall remain sub ject to the jurisdiction of the Contracting Party of which they are nationals. They shall report to the Member of the Commission by which they have been designated which in turn shall report to the Commission. 3. Pending the establishment of the system of observation and in spection, the Members of the Commission shall seek to estab lish interim arrangements to designate observers and inspect ors and such designated observers and inspectors shall be en titled to carry out inspections in accordance with the principles set out in paragraph 2 above. Article XXV 1. If any dispute arises between 2 or more of the Contracting Par ties concerning the interpretation or application of this Con vention, those Contracting Parties shall consult among them selves with a view to having the dispute resolved by nego tiation, inquiry, mediation, conciliation, arbitration, judicial settlement or other peaceful means of their own choice. 2. Any dispute of this character not so resolved shall, with the consent in each case of all Parties to the dispute, be referred for settlement to the International Court of Justice or to ar bitration; but failure to reach agreement on reference to the International Court or to arbitration shall not absolve Parties to the dispute from the responsibility of continuing to seek to resolve it by any of the various peaceful means referred to in paragraph 1 above. 29 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article XXV—continued 3. In cases where the dispute is referred to arbitration, the arbitral tribunal shall be constituted as provided in the Annex to this Convention. Article XXVI 1. This Convention shall be open for signature at Canberra from 1 August to 31 December 1980 by the States participating in the Conference on the Conservation of Antarctic Marine Liv ing Resources held at Canberra from 7 to 20 May 1980. 2. The States which so sign will be the original signatory States of the Convention. Article XXVII 1. This Convention is subject to ratification, acceptance or ap proval by signatory States. 2. Instruments of ratification, acceptance or approval shall be de posited with the Government of Australia, hereby designated as the Depositary. Article XXVIII 1. This Convention shall enter into force on the thirtieth day fol lowing the date of deposit of the eighth instrument of ratifi cation, acceptance or approval by States referred to in para graph 1 of Article XXVI of this Convention. 2. With respect to each State or regional economic integration or ganization which subsequent to the date of entry into force of this Convention deposits an instrument of ratification, accept ance, approval or accession, the Convention shall enter into force on the thirtieth day following such deposit. Article XXIX 1. This Convention shall be open for accession by any State inter ested in research or harvesting activities in relation to the mar ine living resources to which this Convention applies. 30 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued Article XXIX—continued 2. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which include among their members one or more States Members of the Commission and to which the States members of the organization have transferred, in whole or in part, competences with regard to the matters covered by this Convention. The accession of such regional economic integration organizations shall be the subject of consultations among Members of the Commission. Article XXX 1. This Convention may be amended at any time. 2. If one-third of theMembers of the Commission request ameet ing to discuss a proposed amendment the Depositary shall call such a meeting. 3. An amendment shall enter into force when the Depositary has received instruments of ratification, acceptance or approval thereof from all the Members of the Commission. 4. Such amendment shall thereafter enter into force as to any other Contracting Party when notice of ratification, acceptance or approval by it has been received by the Depositary. Any such Contracting Party from which no such notice has been received within a period of one year from the date of entry into force of the amendment in accordance with paragraph 3 above shall be deemed to have withdrawn from this Conven tion. Article XXXI 1. Any Contracting Party may withdraw from this Convention on 30 June of any year, by giving written notice not later than 1 January of the same year to the Depositary, which, upon receipt of such a notice, shall communicate it forthwith to the other Contracting Parties. 2. Any other Contracting Party may, within 60 days of the receipt of a copy of such a notice from the Depositary, give written 31 Schedule Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Convention on the Conservation of Antarctic Marine Living Resources—continued Article XXXI—continued notice of withdrawal to the Depositary in which case the Con vention shall cease to be in force on 30 June of the same year with respect to the Contracting Party giving such notice. 3. Withdrawal from this Convention by anyMember of the Com mission shall not affect its financial obligations under this Con vention. Article XXXII The Depositary shall notify all Contracting Parties of the following: (a) signatures of this Convention and the deposit of instruments of ratification, acceptance, approval or accession; (b) the date of entry into force of this Convention and of any amendment thereto. Article XXXIII 1. This Convention, of which the English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Government of Australia which shall transmit duly certified copies thereof to all signatory and acceding Parties. 2. This Convention shall be registered by the Depositary pur suant to Article 102 of the Charter of the United Nations. Drawn up at Canberra this twentieth day of May 1980. IN WITNESS WHEREOF the undersigned, being duly authorized, have signed this Convention. Annex for an arbitral tribunal 1. The arbitral tribunal referred to in paragraph 3 of Article XXV shall be composed of 3 arbitrators who shall be appointed as follows: (a) The Party commencing proceedings shall communicate the name of an arbitrator to the other Party which, in turn, within a period of 40 days following such notifi cation, shall communicate the name of the second ar bitrator. The Parties shall, within a period of 60 days 32 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Schedule Convention on the Conservation of Antarctic Marine Living Resources—continued following the appointment of the second arbitrator, ap point the third arbitrator, who shall not be a national of either Party and shall not be of the same nationality as either of the first 2 arbitrators. The third arbitrator shall preside over the tribunal. (b) If the second arbitrator has not been appointed within the prescribed period, or if the Parties have not reached agreement within the prescribed period on the appoint ment of the third arbitrator, that arbitrator shall be ap pointed, at the request of either Party, by the Secretary General of the Permanent Court of Arbitration, from among persons of international standing not having the nationality of a State which is a Party to this Conven tion. 2. The arbitral tribunal shall decide where its headquarters will be located and shall adopt its own rules of procedure. 3. The award of the arbitral tribunal shall be made by a majority of its members, who may not abstain from voting. 4. Any Contracting Party which is not a Party to the dispute may intervene in the proceedings with the consent of the arbitral tribunal. 5. The award of the arbitral tribunal shall be final and binding on all Parties to the dispute and on any Party which intervenes in the proceedings and shall be complied with without delay. The arbitral tribunal shall interpret the award at the request of one of the Parties to the dispute or of any intervening Party. 6. Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the Parties to the dispute in equal shares. 33 Notes Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 Contents 1 General 2 Status of reprints 3 How reprints are prepared 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 5 List of amendments incorporated in this reprint (most recent first) Notes 1 General This is a reprint of the Antarctic Marine Living Resources Act 1981. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/. 2 Status of reprints Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint. This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained. 3 How reprints are prepared A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and 34 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Notes provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force. 4 Changes made under section 17C of the Acts and Regulations Publication Act 1989 Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted. A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also beenmade since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint. In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint: • omission of unnecessary referential words (such as “of this section” and “of this Act”) • typeface and type size (Times Roman, generally in 11.5 point) • layout of provisions, including: • indentation • position of section headings (eg, the number and heading now appear above the section) • format of definitions (eg, the defined term now appears in bold type, without quotation marks) • format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”) 35 Notes Antarctic Marine Living Resources Act 1981 Reprinted as at 1 July 2013 • position of the date of assent (it now appears on the front page of each Act) • punctuation (eg, colons are not used after definitions) • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly • case and appearance of letters and words, including: • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter) • small capital letters in section and subsection references are now capital letters • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly • running heads (the information that appears at the top of each page) • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological). 5 List of amendments incorporated in this reprint (most recent first) Search and Surveillance Act 2012 (2012 No 24): section 199 Criminal Procedure Act 2011 (2011 No 81): section 413 Overseas Investment Act 2005 (2005 No 82): section 75 Antarctic Marine Living Resources Amendment Act 2002 (2002 No 56) Antarctic Marine Living Resources Amendment Act 2001 (2001 No 53) Antarctic Marine Living Resources Amendment Act 1999 (1999 No 104) Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74): section 5(4) Antarctica (Environmental Protection) Act 1994 (1994 No 119): section 56(1) Maritime Transport Act 1994 (1994 No 104): section 203 36 Reprinted as at 1 July 2013 Antarctic Marine Living Resources Act 1981 Notes 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2013 37