NIKKI KAYE (National—Auckland Central) : I am delighted to support the Antarctica (Environmental Protection: Liability Annex) Amendment Bill. I start by acknowledging the strong and historic links our country has had over a long period of time with Antarctica. These links are extensive. They cover areas like exploration, research, and, of course, environmental protection.
We have had a close relationship with Antarctica, not only because it is near to us geographically but also because since 1923 we have maintained our right of sovereignty over the Ross Dependency.
At 14 million square kilometres, Antarctica is the fifth-largest continent in area. About 98 percent of Antarctica is covered by ice, which averages at least 1.6 kilometres in thickness. In terms of human activity, although there are no permanent human residents there, between 1,000 and 5,000 people, as Ms Upston has already mentioned, reside throughout the year at the research stations scattered across the continent. I acknowledge the work of these individuals and the tremendous contribution that they are making to science and our environment. I also acknowledge what Ms Upston mentioned regarding the penguins. Over 10 million penguins reside in Antarctica, and that is one of the reasons why this bill is so important. We all acknowledge the amazing environment that exists there, and the rich sea life, including blue whales, orcas, colossal squid, and fur seals, but also the penguins. Antarctica is also the coldest place on earth. Louise Upston mentioned that it is the windiest and driest place, but the coldest natural temperature ever recorded on earth was minus 89.2 degrees Celsius at the Russian Vostok Station in Antarctica on 21 July 1983.
I think it is also important to acknowledge that the New Zealand Government has developed procedures for tourists and non-governmental visitors wishing to visit Antarctica, based on the requirements of the protocol on environmental protection. Currently for any proposed activity in Antarctica an environmental impact assessment must be submitted to the New Zealand Ministry of Foreign Affairs and Trade. That is why I am very pleased to stand here and support the next step that is taken in this bill. The bill is not only consistent with our environmental policy but also consistent with our foreign policy.
I want to talk about how the legislation came about. Many speakers have mentioned that New Zealand first became a party to the Protocol on Environmental Protection to the Antarctic Treaty signed by the treaty parties in Madrid, Spain, in 1991. This protocol provides for a comprehensive regime for the protection of the Antarctic environment, as well as of dependent and associated ecosystems. Under the protocol, Antarctica is designated as a natural reserve devoted to peace and science. In the text of article 16 of the protocol the parties made a key commitment to elaborate rules and procedures relating to liability for damage arising from activities taking place in the Antarctic Treaty area. The Antarctic liability annex fulfils this longstanding obligation.
National supports not only the fulfilment of our international obligations set out under the protocol but also the protection of Antarctica’s unique environment. The annex is an important part of the Antarctic environmental protection regime, of which our country is a strong supporter. The annex will encourage good environmental practice and ensure international cooperation and action on environmental emergencies in the Antarctic region, such as oil spills, the disposal of waste, and the impacts of tourism. I think another important point to make is that Antarctica will be a crucial area for environmental research, including climate research, which Ms Chadwick has also outlined.
The key purpose of this bill is to implement many of New Zealand’s international treaty obligations regarding the liability of environmental agencies in Antarctica. Although the annex has not yet entered into force, this will happen once it has been approved by all 28 Antarctic Treaty consultative parties, including New Zealand. New Zealand is one of the 12 original signatories to the Antarctic Treaty, which was signed on 1 December 1959 in Washington, DC. A key aspect of this bill is that it requires New Zealand operators whose activities give rise to an environmental emergency to notify the Ministry of Foreign Affairs and Trade, and it makes it an offence not to do so. It also requires New Zealand operators to make a prompt and effective response to that emergency. What is an environmental emergency? An environmental emergency is described as “an accidental event that … results in, or imminently threatens to result in, a significant and harmful impact on the Antarctic environment”.
This bill provides that if a New Zealander whose activities give rise to an environmental emergency fails to take a prompt and effective response action, then the operator is liable to pay the costs incurred by any annex party that does take a response action. The punishment is significant; it shows the value we place on the environment. Failing to take a prompt and effective response action to an environmental emergency constitutes an offence, for which the punishment is imprisonment for up to 2 years, a fine of up to $200,000, or both. Failing to notify the appropriate authorities when an emergency has been caused is also an offence, punishable by imprisonment for up to 12 months.
In conclusion, I say I support this bill because it demonstrates, as many speakers have mentioned, that New Zealand is leading the way in good environmental practice, and because it ensures there will be international cooperation and action on environmental emergencies in the Antarctic region. This bill is an excellent bill. Not only will it help the rich sea life of Antarctica but also it shows New Zealand is leading the way in terms of good environmental practice, and we are doing it for the benefit of the penguins.
