On June 22, Huang Haihua, spokesperson for the Legislative Affairs Commission of the National People’s Congress Standing Committee, revealed at a press conference that the second draft of the Antarctic Activities and Environmental Protection Law intends to systematically regulate Antarctic tourism. According to The Paper, the draft proposes a permit application system, requiring applicants to submit activity plans, environmental impact assessment documents, emergency plans, as well as property guarantees and insurance certificates to the marine department of the State Council. The draft also sets obligations for operators and tourists respectively: operators must provide equipment and means of transport that meet safety requirements; tourists must comply with the safety and environmental regulations adopted by the Antarctic Treaty Consultative Meeting, and must not disrupt research activities when visiting national Antarctic research stations. The 23rd meeting of the 14th National People’s Congress Standing Committee is scheduled to be held in Beijing from June 23 to 26, and the draft will be submitted for further deliberation.
In terms of legal liability, the draft proposes that those who carry out Antarctic tourism without authorization shall be ordered by the marine department of the State Council to immediately cease activities and leave Antarctica within a time limit, have their illegal gains confiscated, and be fined between 100,000 and 500,000 yuan. For serious cases, the fine shall be between 500,000 and 1 million yuan, and the violator shall be prohibited from applying for Antarctic activity permits for ten years. In addition, the draft also intends to improve the reporting and information notification system for environmental emergencies, and set corresponding legal liabilities based on the degree of damage to the Antarctic environment and the difficulty of restoration.
Currently, Antarctic tourism has become a new hotspot for Chinese outbound travel. This legislation is seen as a key step in bringing this field from “unbridled growth” onto a track of rule of law.