China drafts new law to regulate Antarctica activities and environmental protection

China has prepared a draft law regarding Antarctica. Beijing aims to protect its interests and strengthen its role in the governance of the southernmost continent.

According to the South China Morning Post citing Xinhua, the draft “Law on Antarctica Activities and Environmental Protection” was submitted to the National People’s Congress Standing Committee, the country’s top legislative body, for its first review on Monday.

Xinhua stated, “The legislation on Antarctica activities and environmental protection will help better coordinate, manage, and regulate Antarctica-related activities… and will also provide strong legal support for China’s participation in global Antarctica governance.”

The agency noted that the administrative permit system, which currently focuses on scientific expeditions, will be expanded to cover tourism, maritime transport, and fishing activities.

The proposed law will apply to Chinese citizens, entities, and organizations operating in Antarctica. Foreign individuals, entities, and organizations will also fall under the jurisdiction of this law if their Antarctica expeditions are organized within or launched from Chinese territory.

According to the report, those wishing to obtain permits for activities such as expeditions, tourism, and maritime transport in Antarctica will be required to submit detailed plans, environmental impact assessment documents, emergency response plans, and documents proving insurance or financial guarantees to cover potential liabilities.

Unauthorized activities, violations of permit conditions, or breaches of management regulations and environmental protection obligations could result in penalties.

The bill also encourages activities to be conducted in an “environmentally friendly and low-carbon manner.”

It sets specific requirements for the protection of Antarctic flora and fauna, waste management and disposal, prevention of marine pollution, conservation of areas, and the preservation of historic sites and monuments.

According to Xinhua, the draft also includes provisions regarding the response to sudden environmental incidents.

China joined the Antarctic Treaty in 1983 and conducted its first scientific expedition to the continent in 1984. Five Chinese science stations have been established in Antarctica so far. China also signed the Protocol on Environmental Protection to the Antarctic Treaty in 1991.

The government established a formal administrative permit system for Antarctica expeditions in 2004 and standardized the application and management process under the State Oceanic Administration in 2014.

However, there was a legal gap regarding the regulation of unofficial activities in Antarctica, such as private expeditions, commercial tourism, fishing, and maritime transport.

The law is being introduced as China experiences an increase in Antarctica tourism. China has become the second-largest source of tourists to Antarctica after the US.

According to the International Association of Antarctica Tour Operators, which promotes responsible travel to the continent, the number of Chinese tourists visiting the continent peaked at 8,273 in 2018, accounting for 16% of the global total.

The State Oceanic Administration issued guidelines regarding Antarctica tourism in 2018, banning actions that damage the fragile polar ecology. Violators will be blacklisted and banned from entering Antarctica for one to three years.