“Act”

means the Antarctic Treaties Act, 1996 (Act No. 60 of 1996);

“alien species”

has the meaning assigned to it in section 1 of the National Environmental management: Biodiversity Act, 2004 (Act No. 10 of 2004);

“Antarctic seal”

means the Southern Elephant seal (Mirounga leonina), Leopard seal (Hydrurga leptonyx), Weddell seal (Leptonychotes weddelli), Crabeater seal (Lobodon carcinophagus), Ross seal (Ommatophaca rossi) and the Southern fur seal (Arctocephalus sp.);

“Antarctic Treaty”

means the Antarctic Treaty, signed in Washington DC, United States of America on 1 December 1959;

“Antarctic Treaty area”

means the area south of 60 degrees South Latitude, including all ice shelves;

“authorised operator”

means an operator who organises activities in the Republic to be carried out in the Antarctic Treaty area, which activities require authorisation in terms of the Act, these regulations or any other law applicable in the Antarctic Treaty area;

“director”

means a director as defined in the Companies Act, 2008 (Act No. 71 of 2008);

“environmental emergency”

means any incident that has occurred, that results in, or imminently threatens to result in, any significant and harmful impact in the Antarctic Treaty area

“indigenous species”

means a species that occurs, or has historically occurred, naturally in a free state in nature within the Antarctic Treaty Area, but excludes a species that has been introduced in the Antarctic Treaty Area as a result of human activity;

“Management Plan”

means a plan to manage the activities within and protect a specially protected area as contemplated in Articles 5 and 6 of Annex 5 to the Protocol;

“MARPOL 73/78”

means the International Convention for the Prevention of Pollution from Ships 1973/1978;

“National Environmental Management Act”

means the National Environmental Management Act, 1998 (Act No. 107 of 1998);

“operator”

means any person, governmental and non-governmental, which organises activities to be carried out in the Antarctic Treaty area, but does not include—

“reasonable”

as applied to preventative measures and response action, means measures or actions which are appropriate, practicable, proportionate and is based on the availability of objective criteria and information, including—

“response action”

means reasonable measures taken after an environmental emergency has occurred including to avoid, minimise or contain the impact of that environmental emergency, which may include clean-up processes, and determining the extent of that emergency and its impact

“Rotary Biological Contacter process”

is a biological treatment process used in the treatment of wastewater after primary treatment, and is a type of secondary biological treatment, that allows wastewater to come in contact with a biological medium in order to remove pollutants in the wastewater before discharge of the treated wastewater into a body of water such as the sea;

“Seals Convention”

means the Convention for the Conservation of Antarctic Seals London, 1972;

“specially protected area”

means an Antarctic specially protected area designated in terms of Annex 5 to the Protocol;

“specific environmental management Act”

has the meaning assigned to it in section 1 of the National Environmental Management Act;

“these Regulations”

includes any permit issued in terms of these Regulations; and

“the Protocol”

means the Protocol on Environmental Protection to the Antarctic Treaty, Madrid, 1991.