Imports to Antarctica
- Document symbol
- G/LIC/N/3/NZL/10
- Original language
- English
- Published on
- 08/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another 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.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
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.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
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.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
Antarctica (Environmental Protection) Act 1994
The permitting regime for Antarctic activities including the importation of certain goods as highlighted above is a statutory requirement. 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. The Antarctica (Environmental Protection) Act 1994 may not be repealed without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
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 and Trade as early as possible to discuss their plans and no later than three months before the proposed activity is expected to start.
Q7.b. 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.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may 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.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Permit applications are assessed by the Environment Division of the Ministry of Foreign Affairs and Trade 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. Applicants deal exclusively, with the Ministry of Foreign Affairs and Trade.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The issuance or denial of a permit is based on the likely impact of the activity on the Antarctic Environment, and the reason for a decision or conveyed to the applicant. The applicants have recourse to judicial review of the decision under the Judicature Amendment Act 1972.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
All persons to whom the Antarctica (Environmental Protection) Act 1994 applies are eligible to apply for a permit for a proposed activity in Antarctica. There is no fee.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
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.
Q11. What documents are required upon actual importation?
Permits are required to be carried at all times when undertaking approved activities.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
No fee is charged.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of the permit depends upon the specific activity. Extensions to permits can be applied for by applicants.
Q15. 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.
Q16. 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.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
The Minister of Foreign Affairs and Trade can impose additional conditions on permits in order to minimise the effects of the activity on the Antarctic environment.
Other Procedural Requirements
Q18. 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.