Important Laws in South Georgia

From South Georgia Website

(Important Note: The Government of South Georgia and the South Sandwich Islands is currently undertaking a major legislative review.)

Falkland Islands Dependencies Conservation Ordinance (1975) provides for the designation of protected areas on South Georgia and the South Sandwich Islands and for regulations to protect fauna and flora.

Wild Mammals and Birds (Export) Regulations (1975) provides for the export, under licence, and the charging of fees for the export of wild animals and birds.

South Georgia and South Sandwich Islands Order (1985). This Order ended the status of South Georgia and the South Sandwich Islands as dependencies of the Falkland Islands and made them into a separate territory under the United Kingdom Crown. The geographical effect of the 1985 Order was to define the territory as all islands and territories whatsoever situated between the 20th degree of west longitude and the 50th degree of west longitude which are situated between the 50th parallel of south latitude and the 60th parallel of south latitude.

The South Georgia and South Sandwich Islands (Territorial Sea) Order(1989) extended the boundaries of the Territories of South Georgia and the South Sandwich Islands to include, as territorial sea, the sea situated within 12 nautical miles of the baselines, together with the seabed of the territorial sea and its subsoil. The Order defines the baselines, from which the breadth of the territorial sea is measured, as a series of straight baselines joining specified points around South Georgia and other islands in its immediate vicinity.

The Fisheries (Transhipment and Export) Regulations (1990) prohibit the transhipment of fish or transportation of fish from internal waters and the territorial sea of South Georgia and the South Sandwich Islands without the authority of a licence. They also provide for the grant of licence's to transship or transport fish and for the payment of fees to do so. Cumberland Bay East is the recognised transhipment harbour in the Regulations. In 1998 amended Regulations came into force to increase the transhipment fee from ,1,000 to ,1,100; the amended Regulations are the Fisheries (Transhipment and Export) (Amendment) Regulations 1998.

The Visitors Ordinance (1992) makes further provision in relation to sums to be paid by persons arriving in South Georgia. In 1998 subsidiary legislation came into force under Section 6(1) of the Ordinance, cited as the Visitor (Landing Fees) Regulations 1998, which increased the passenger landing fee from $50 to $150.

The South Georgia Museum Trust Ordinance (1992) established the South Georgia Museum Trust; provides for the transfer of certain lands and objects in South Georgia to the Trust; defines the functions of the Trust; and provides for certain operational activities.

The Customs (Fees) Regulations (1992) set fees for ships and yachts requiring the services of a customs officer for any purpose under the customs laws. In 1998 subsidiary legislation came into force, cited as the Custom (Fees) (Amendment) Regulations 1998, which increased the customs fees.

Proclamation (Maritime Zone) (1993) established for South Georgia and the South Sandwich Islands a maritime zone having as its inner boundary the outer limits of the territorial sea of South Georgia and the South Sandwich Islands and as its seaward boundary a line drawn so that each point on the line is 200 nautical miles from the nearest point on the baselines (as defined in the 1989 Territorial Sea Order). The Proclamation provides for regulation of activity in the zone, together with the seabed and its subsoil, in accordance with relevant international laws.

The Fisheries (Conservation and Management) Ordinance (1993) provides for the regulation, conservation and management of the fishing waters of South Georgia and the South Sandwich Islands, comprising internal waters, the territorial sea and the Maritime Zone. The Ordinance gives effect to the Government's conservation and management obligations under CCAMLR. It also provides the framework for licensing and enforcement of fishing, and the penalties for illegal fishing in the South Georgia Maritime Zone. It requires that all vessels wanting to fish within the Maritime Zone must have a licence from the Government. It provides scope for the licence fee to be expressed or varied, as required, in relation to certain factors such as the size of the vessel, on-board processing facilities, specific fishing areas and periods. Licences to fish are not required by vessels engaged in scientific research which has been notified to the CCAMLR Secretariat, nor for fishing in that area of the Zone south of 60°S..

The Harbour Fees Regulations (1994) set harbour dues for South Georgia and the South Sandwich Islands. In 1998 amended Regulations came into force to set revised harbour dues; the amended Regulations are the Harbour (Fees) (Amendment) Regulations 1998.

The Pensions (Amendment) Ordinance (1994) adopts as law of South Georgia and the South Sandwich Islands the Pensions (Amendment) Ordinance 1987 of the Falkland Islands.

The Antarctic Regulations (1997) were enacted under the UK's Antarctic Act 1994 (Overseas Territories) Order 1995. They prescribe, amongst other things, the procedure by which applications can be made for permits (to visit Antarctica) under the Act, including provisions relating to environmental evaluations, production of permits and their revocation or suspension.

The Export of Arms Proclamation (1997) gives effect in South Georgia and the South Sandwich Islands to various international arms embargoes, which the UK Government agreed shall be applied to this territory.

The Export of Anti-Personnel Landmines Proclamation (1997) gives effect in South Georgia and the South Sandwich Islands to the UK Government's policy of prohibiting the export of anti-personnel landmines to all countries as part of its commitment to work actively towards a total global ban on the use of such mines.