A Bill in Tonga to Regulate Deep Sea Mining

Tonga Deep Sea Minerals National Stakeholder Meeting

1st February 2012Hannah Lily

Legal Advisor, Deep Sea MineralsSPC/SOPAC Division

Overview

1. Why is legislation required?2. What is the objective of the

legislation?3. International law principles4. What will the legislation cover?5. How will the legislation be

implemented?

Why is legislation required?

• Required by international law

• Promote Tonga’s reputation internationally

• Provide comfort to Tonga’s people

• Provide regulatory certainty

• encourage investment

Objective of the legislation

(i) Meet Tonga’s legal obligations

(ii) Ensure DSM activities are under Tonga’s control

(iii) Minimise risk of environmental harm

(iv) Balance regulation with sufficient incentive to

promote investment

(v) Promote regional standards and consistency

(vi) Adopt cost-effective and proportionate approach

International law principlesUN CONVENTION ON THE LAW OF THE SEA

• Gives sovereign rights over minerals in EEZ

• Gives access to the Area’s minerals

• Requires protection of marine environment

• Requires legislation and administrative measures• Direct obligations:• The precautionary approach • Best environmental practice• Prior environmental impact assessment

Content of the legislation

• No DSM activity without licence

• Application and licensing process

• Creation of a regulatory body• decision-making • monitoring and enforcement

Implementation of the legislation

Regulating Authority• Functions•Due diligence• Decision-making• EIA review• Licensing• Monitoring and enforcing

• Powers

• Cost recovery

• Delegation

Other considerations

• Health and Safety

• Other sea users

• Marine scientific research

• Capacity-building

• Fitting in with existing legislation

• Fiscal regime

• Responsible economic management