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