- Background
- Australia has a longstanding history of involvement in the Antarctic continent. Anoriginal signatory to the Antarctic Treaty (AT) in 1959, Australia has maintained and increased its presence in Antarctica by establishing a network of research stations and creating a science program of global significance.
- Australia’s presence in Antarctica is maintained by the Department of Climate Change, Energy, the Environment and Water (DCCEEW). DCCEEW is responsible for advancing Australia’s interests in Antarctica and the Southern Ocean through theAustralian Antarctic Division (AAD) and Australian Antarctic Program (AAP).
Australia’s Antarctic history
2.3Australia’ history of exploration and science in Antarctica dates back to the Australasian Antarctic Expedition (AAE) of 1911–14, led by Sir Douglas Mawson. Departing from Hobart, the AAE extensively explored the coast of East Antarctica and established radio communications in the area.
2.4Mawson went on to lead the British, Australian, New Zealand Antarctic Research Expeditions (BANZARE) over the two Austral summers spanning 1929–31. TheBANZARE collected significant scientific data while further mapping out and establishing the large British claim in East Antarctica which would later form the basisof the AAT.
2.5Beginning in 1947, the Australian National Antarctic Research Expedition (ANARE) set out with a goal to establish permanent stations in the AAT and the sub-Antarctic Macquarie Island (Tasmania) and Heard Island (Heard Island and McDonald Islands Territory (HIMIT)). While several changes occurred to the administration of Australia’s Antarctic operations over the proceeding years, the ANARE eventually succeeded in establishing three stations in the AAT and one station each on Macquarie Island and Heard Island.
Australian Antarctic Territory
2.6In 1933, Britain asserted sovereign rights over the territory claimed during the BANZARE by imperial order and placed the large territory under the authority of theCommonwealth of Australia. Sovereignty over the territory was subsequently transferred to Australia under the Australian Antarctic Territory Acceptance Act1933.
2.7The AAT constitutes a significant proportion of Antarctica. DCCEEW states that while Antarctica is nearly twice the size of Australia (covering 13,661,000 km²), the AAT takes up about 42 per cent (about 5,896,500 km²) of the continent. A map of the AAT is provided at Figure 2.1.
Figure 2.1Australian Antarctic Territory and Stations
Source: Australian Antarctic Data Centre
2.8The AAT is home to all three of Australia’s permanent Antarctic research stations. Inorder of establishment those stations are:
- Mawson Station, established in 1954;
- Davis Station, established in 1957; and
- Casey Station, established in 1969.
- The last of these stations, Casey Station, was established to replace the nearby Wilkes Station which was built in 1957 by the United States, and operated by Australia between 1959 and 1969. Wilkes Station now lays abandoned and frozen‑over.
- In 2004, Australia established the Wilkins Aerodrome, which DCCEEW describes as ‘asummer-only station and associated airfield infrastructure at Australia’s blue ice runway, which supports intercontinental flights by military and civilian aircraft between October–March’.
- Under the conditions of the ATS, the AAT is also home to several permanent and seasonal stations operated by other nation’s Antarctic programs. Russia, China, India, France, and Italy all operate permanent stations in the AAT, the locations of which can be seen in Figure 2.1.
- The AAT is administered as an external territory of Australia, with some provisions made in recognition of Australia’s membership of the ATS. Under the Australian Antarctic Territory Act 1954, the AAT is governed by an amalgam of Commonwealth laws and ordinances, Australian Capital Territory law, and Jervis Bay Territory law.
Antarctic Treaty System
2.13The ATS is a ‘comprehensive international governance framework’ that establishes the Antarctic continent and its waters as a natural reserve devoted to peace and to science. DCCEEW states that ‘these agreements set out the rules and norms of the Antarctic Treaty System, including the core principles of peace, international cooperation, environmental protection, non-militarisation and freedom of scientific investigation’.
2.14The ATS comprises the following four international agreements:
- the Antarctic Treaty (1959);
- the Convention for the Conservation of Antarctic Seals (CCAS) (1972);
- the Convention on the Conservation of Antarctic Marine Living Resources (CAMLR Convention) (1980); and
- the Protocol on Environmental Protection to the Antarctic Treaty (Environmental Protocol) (1991).
Antarctic Treaty 1959
2.15In 1958, following the success of Antarctic scientific collaborations during the International Geophysical Year (1957–58), United States (US) President Dwight D. Eisenhower invited what would become the 12 original signatories to the AT who had been conducting research in Antarctica to a conference in Washington D.C. to resolve the ‘Antarctica problem’. The problem stemmed from ‘Cold War concerns about geopolitical contestation between the US and the Union of Soviet Socialist Republics USSR’ as well as the overlapping Antarctic territorial claims of Argentina, the United Kingdom, and Chile. Likewise, both the Union of Soviet Socialist Republics (USSR) and US had asserted they had rights to make Antarctic territorial claims.
2.16Australia was a key architect of the AT and is one of the 12 original signatories. TheAT has since been acceded to by 46 other countries, bringing the total number of party states to 58. Saudi Arabia became the latest non-consultative member on 22May 2024.
2.17Party states are split between original signatories (12), consultative parties (17), and non-consultative parties (29). Only original signatories and consultative parties may participate in Antarctic Treaty Consultative Meetings (ATCM), with non-consultative parties being observers to those meetings. The AT provides that non‑consultative parties may become consultative parties only when recognised as having demonstrated their interest in Antarctica by conducting substantial research activity there.
2.18Mr Adam McCarthy, Chief Counsel and First Assistant Secretary at the Department of Foreign Affairs and Trade (DFAT), outlined what constitutes consultative party status in the AT:
When you sign the Antarctic Treaty, you are invited to bid for consultative party status. But for consultative party status you have to establish certain things. In particular, you have to establish a very significant scientific program in Antarctica. The idea is that, if you like, the prime decision-making body of the treaty system consists of those who, for want of a better term, have skin in the game, or have asignificant presence in Antarctica.
2.19In the 1980s, negotiations about mining in Antarctica led to several new states acceding to the AT including China, India, the Republic of Korea (Korea), and Brazil.
2.20Under the AT, Parties may establish bases in Antarctica. There are three types of bases that presently exist in the AAT: permanent, inactive, and seasonal. A map of the permanent and seasonal bases located within the AAT is available at Figure2.1.
Convention for the Conservation of Antarctic Seals 1972
2.21The CCAS recognises the vulnerability of Antarctic seals and their importance to the Antarctic ecosystem. The CCAS protects certain species of seals from kill or capture in the seas south of 60º South Latitude or within the Convention area by nations or vessels under their respective flags. Signatories may issue capture or kill permits to provide food for men and dogs, for scientific research, and to provide specimens for museums and educational and cultural institutions. Under the CCAS, the following species of seals are protected: the southern elephant seal, the leopard seal, the Weddell seal, the crabeater seal, the ross seal, and southern fur seals.
Conservation of Antarctic Marine Living Resources 1980
2.22The CAMLR Convention was signed in 1980 and entered into force in 1982. It recognises the importance of safeguarding the integrity of the Antarctic ecosystem and its surrounding seas, and the need to protect Antarctic resources. The stated objective of the CAMLR Convention is to conserve Antarctic living marine resources in the area south of 60º South Latitude. Notably, the CAMLR Convention does not ban fishing in Antarctica, but does establish sustainability measures and perimeters for Antarctic fisheries.
2.23The CAMLR Convention established the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) which is headquartered in Hobart and holds regular annual meetings. At its 2009 annual meeting, CCAMLR ‘committed to the creation of a representative system of Marine Protected Areas (MPAs) including the establishment of a ‘network of Southern Ocean MPAs’.
Protocol on Environmental Protection to the Antarctic Treaty 1991
2.24In 1988, parties to the AT negotiated the Convention on the Regulation of Antarctic Mineral Resource Activities (CRAMRA). The CRAMRA was intended to regulate future resource extraction in Antarctica; however, Australia and France withdrew from CRAMRA following concerns about environmental protection. Instead, Australia led diplomatic efforts on the negotiation of the Environmental Protocol which designates Antarctica as a ‘natural reserve, devoted to peace and science’. The Protocol:
Provides for the comprehensive protection of Antarctica’s environment and dependent and associated ecosystems and bans mining and oil drilling…and outlines a system of environmental principles, measures and standards, which require that care for the environment is a fundamental consideration in the planning and conduct of all activities in Antarctica.
2.25The Environmental Protocol provides for the designation of Antarctic Specially Protected Areas (ASPA) and Antarctic Specially Managed Areas (ASMA). An ASPA may be designated to ‘protect outstanding environmental, scientific, historic, aesthetic or wilderness values, any combination of those values, or ongoing or planned scientific research’. An ASMA may be designated in an area where current or future activities may be undertaken to ‘assist in the planning and coordination of activities, avoid possible conflicts, improve cooperation between Parties or minimise environmental impacts’. Australia currently manages 12 ASPAs and one ASMA which is comanaged with China, Russia, and India.
2.26Australia fulfils its Environmental Protocol obligations through ‘evidenced based environmental impact assessments and management in the conduct of activities in Antarctica, repair and remediation of past work sites, and continually assessing and improving environmental performance in delivering the Australian Antarctic Program’. Australia implements the Environmental Protocol through the Antarctic Treaty (Environment Protection) Act 1980, which applies to all Australians in any area 60ºSouth Latitude and includes all water, land, and ice shelves.
Antarctic Treaty bodies
2.27Ascension to the Antarctic Treaty does not mandate that parties also accede to the remaining instruments constituting the ATS. As such the different forums established under ATS instruments are each attended by a mixture of different states, depending on their respective recognition of the relevant instrument. Australia has acceded to all ATS instruments.
2.28Mr Paul Schofield, Assistant Secretary, International Law Branch II, DFAT, noted that DFAT represents Australia at international meetings and that Australia was one of the most active participants in the ATS, largely due to the AAD’s presence in Antarctica. Monash University contends that for Australia, collaborative research and research leadership have become increasingly important in the ATS because ‘failures of political statecraft are becoming more apparent at the meetings of CCAMLR and at the ATCMs’. Australia’s relationship with, and the principles of, the ATS are discussed further in Chapter 3.
Antarctic Treaty Consultative Meeting
2.29The ATCM was established under Article IX of the AT ‘for the purpose of exchanging information, consulting together on matters of common interest pertaining to Antarctica, and formulating and considering, and recommending to their governments, measures in furtherance of the principles and objectives of the Treaty’.
2.30There are currently 29 countries that participate in consensus decision-making in the ATCM and another 29 countries that attend the meeting. The purpose of the ATCM is to ‘consider the annual activities of Antarctic Treaty Parties to determine future policy and operational protocols for the international management of Antarctica’.
2.31DFAT states that Australia is an active participant at ATCM meetings which is highlighted by Australia’s co-sponsorship of the Helsinki Declaration on Climate Change and Antarctica at the 2023 ATCM.
Commission for the Conservation of Antarctic Marine Living Resources
2.32Hobart has hosted annual CCAMLR meetings since 1982. The Commission has 27 members and an additional ten invited observers who have acceded to the CAMLR Convention. CCMALR discusses a range of topics including fisheries management in Antarctica, krill protection, and the designation of MPAs.
Committee for Environmental Protection
2.33Article 11 of the Environmental Protocol establishes the Committee for Environmental Protection (CEP) to ‘provide advice and formulate recommendations to Parties in connection with the implementation of this Protocol.’ The CEP was established when the Environmental Protocol entered into force in 1998 and usually meets concurrently with the ATCM to ‘address matters relating to environmental protection and management and provide advice to the ATCM’. Australia has twice been elected as Chair of the CEP.
Australian Antarctic Division
2.34The AAD was established in 1948 under the then Department of External Affairs to administer and coordinate the ANARE. Following various machinery of government changes, the AAD is now a division of DCCEEW, reporting to the Minister for the Environment and Water.
2.35DCCEEW states that the AAD contributes to Australia’s national interests in Antarctica through ‘science, policy, environmental management and international engagement, including delivering Australia’s scientific research and operations in Antarctica and the Southern Ocean’. The AAD is responsible for coordinating theAAP (formerly the ANARE), facilitating Australian Government scientific efforts, organising and operating intercontinental and intracontinental logistics, contributing toAustralia’s international engagement on Antarctic matters, and administrating the AAT and HIMIT.
2.36The AAD operates and maintains Australia’s three permanent Antarctic research stations as well as a permanent sub-Antarctic research station on Macquarie Island. In order to fulfil its role, the AAD manages a substantial asset base in Antarctica and Hobart including buildings, laboratories, aircraft, boats, specialty vehicles, and the RSV Nuyina.
2.37The RSV Nuyina is a 160-meter resupply and research vessel which was delivered tothe Australian Government in 2021 at a cost of $528 million. The vessel’s home berth is at Macquarie Wharf in Hobart, where the AAD operates a related cargo and biosecurity facility for supplying Australia’s research stations.
Australian Antarctic Program
2.38The AAP is described in the Australian Antarctic Strategy and 20 Year Action Plan asbeing focused on ‘conducting world-class science of critical national importance and global significance that delivers on Australian Antarctic policy and operational priorities’. As discussed above, the AAP is coordinated by the AAD, which also contributes substantially to the science undertaken as part of the AAP.
2.39DCCEEW submits that the AAP is ‘highly collaborative, comprising partnerships across government’ and that the program is contributed to by ‘more than 150 national and international research institutions’. In evidence on the collaborative nature of the AAP, DCCEEW states that ‘135 researchers from 21 countries other than Australia are collaborating in science projects’ as part of the AAP.
2.40DCCEEW notes that the AAP supports and is supported by the activities of other Australian Government agencies and departments including:
- the Australian Research Council;
- the Bureau of Meteorology;
- the Australian Radiation Protection and Nuclear Safety Authority;
- the Commonwealth Scientific and Industrial Research Organisation;
- the Department of Defence;
- the Department of Industry, Science and Resources; and
- Geoscience Australia.
Australian Antarctic Science Council
2.41The Australian Antarctic Science Council (AASC) was established in 2019 to provide strategic advice to the Australian Government, and to ‘guide Australian Antarctic research entities on science outcomes that meet Australian Government requirements to support national Antarctic interests’. Under its Terms of Reference the AASC is specifically responsible for:
- Arrangements to implement the Government’s Response to the Australian Antarctic Science Program Review, completed in December 2017, including:
- Options to increase collaboration and research partnerships in Antarctic science
- Opportunities to maximise efficiencies and streamline funding and governance processes
- Oversight of the revision of Australia’s Antarctic science strategic plans and strategies, including priority research areas in the context of Australia’s national Antarctic interests
- Options to transparently prioritise and balance science that aligns to Australia’s national Antarctic interests with excellent science and long-term monitoring and mapping
- Options to develop a comprehensive digital model of the Australian Antarctic Territory
- Development of impact performance measures to evaluate the Australian Antarctic Science Program, including for individual science projects (for projects commencing in 2020–21) and to evaluate the Australian Government’s response to the Australian Antarctic Program Governance Review (December 2017) by 30 June 2020.
- Options to maintain or enhance Australia’s international reputation on Antarctic science including by maximising the use of the Government’s Antarctic infrastructure and supporting annual planning of the Australian Antarctic Science Program.
- Membership of the AASC includes an independent chair, two further independent members, seven ex-officio members representing government instrumentalities, andthree ex-officio members representing Antarctic research centres. A key ongoing focus of the AASC is to produce Australia’s Decadal Plan for Antarctic science.