Section 8 - Indian Antarctic Act, 2022

The Indian Antarctic Act, 2022

8. Permit for certain activities in Antarctica.-

No person in Antarctica shall, without a permit or written authorisation of another Party to the Protocol-

(a) remove or damage native plants intentionally in a manner that significantly affects their local distribution or abundance;

(b) fly or land a helicopter or other aircraft intentionally in a manner that disturbs any concentration of native birds or seals;

(c) use a vehicle or vessel, including a hovercraft and a small boat, intentionally in a manner that disturbs any concentration of native birds or seals;

(d) use an explosive or firearm intentionally in a manner that disturbs any concentration of native birds or seals;

(e) while on foot, wilfully disturb a breeding or moulting native bird or concentration of seals;

(f) significantly damage any concentration of terrestrial native plants by landing an aircraft, driving a vehicle or walking on it;

(g) engage in any activity that results in the significant adverse change of the habitat of any specially protected species or population of native mammals, native birds, native plants or native invertebrates;

(h) remove soil or any biological material native to Antarctica intentionally; or

(i) kill, injure, capture, handle or molest a native mammal or native bird unless such act was done to protect the life of a person.

Explanation.-For the purposes of this section,-

(i) "native bird" means a member, at any stage of its life cycle including eggs, of any species of the class Aves that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring or the dead body or parts thereof and fossils;

(ii) "native invertebrate" means any terrestrial or aquatic invertebrate, at any stage of its life cycle that is indigenous to Antarctica, including any part thereof and fossils;

(iii) "native mammal" means a member of any species of the class mammalia that is indigenous to Antarctica or that occurs there seasonally through natural migrations including any part, product, egg, or offspring of or the dead body or parts thereof and fossils;

(iv) "native plant" means any terrestrial or aquatic vegetation, including bryophytes, lichens, fungi and algae, at any stage of its life cycle, including seeds and other propagules, that is indigenous to Antarctica or parts of such vegetation, other than fossils;

(v) "specially protected species" means any native species designated as a specially protected species in the Protocol and the Convention.