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Paragraph 5 Permits required for British vessels and aircraft entering Antarctica

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

No British vessel or British aircraft may enter Antarctica except in accordance with a permit granted under this section or under the written authorisation of another Contracting Party.

(2)

Subsection (1) does not apply—

(a)

to a vessel or aircraft travelling to an immediate destination outside Antarctica, or

(b)

to a vessel entering Antarctica for the sole purpose of fishing for profit.

(3)

In this section—

“British vessel” means a ship which—

(a)

is registered in the United Kingdom or the Territory; or

(b)

is not registered under the law of any country but is wholly owned by persons each of whom is either a United Kingdom national or a body corporate which is established under the law of a part of the United Kingdom or in the Territory and has its principal place of business in a part of the United Kingdom or in the Territory;

  • “British aircraft” means an aircraft—

    1. (a)

      which is for the time being registered in the United Kingdom or the Territory; or

    2. (b)

      which is not for the time being registered in any country but in the case of which either the operator of the aircraft or each person entitled as owner to any legal or beneficial interest in it satisfies the following requirements, namely—

    3. (i)

      that he is a person qualified to be the owner of a legal or beneficial interest in an aircraft registered in the United Kingdom or the Territory; and

      1. (ii)

        that he resides or has his principal place of business in the United Kingdom or the Territory; or

    4. (c)

      which being for the time being registered in some other country, is for the time being chartered by demise to a person who, or to persons each of whom, satisfies the requirements aforesaid.

(4)

If subsection (1) is contravened—

(a)

the operator of the vessel or aircraft, and

(b)

the master of the vessel or the commander of the aircraft,

shall each be guilty of an offence.

(5)

The Governor, with the consent of the Secretary of State, may on the application of any person grant to him a permit authorising any British vessel or aircraft of which he is the operator and which is specified or of a description specified in the permit to enter Antarctica on occasions or in circumstances specified in the permit.

(6)

In this section references to the Territory shall be construed as including a reference to any other territory to which this Act has been extended.