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Notice given 10 November 2005

318  Senator Siewert: To move—That the Senate—

(a) notes the imminent arrival of the Japanese whaling fleet in the Southern Ocean and its intention to commence whaling under the greatly expanded JARPA II whaling program;

(b) recognises the leadership the Australian Government has shown to date on this issue;

(c) notes the changed legal context owing to the radical expansion of the Japanese whaling program;

(d) supports the submission of JARPA II to an environmental impact assessment under the provisions of the Protocol on Environmental Protection to the Antarctic Treaty;

(e) supports the monitoring and documentation of the whaling program by Australian inspection vehicles;

(f) urges that Australia requests:

(i) the Commission for the Convention on the Conservation of Antarctic Marine Living Resources to undertake an investigation of JARPA II at the earliest possible opportunity, and

(ii) that a diplomatic conference be convened to amend Article VIII of the International Convention for the Regulation of Whaling; and


 (g) urges Australia to:

(i) commence a claim against Japan in an Annex VII Arbitral Tribunal under the provisions of the 1982 United Nations Convention on the Law of the Sea challenging the legality of JARPA II, and

(ii) seek an order for provisional measures to halt the conduct of JARPA II from the International Tribunal for the Law of the Sea, pending the establishment of the Annex VII Arbitral Tribunal.