PACIFIC SMALL ISLAND DEVELOPING STATES REGIONAL TRAINING AND CAPACITY BUILDING WORKSHOP

1. 1
Status of National Legislation relating to Deep Sea Mining|
Yongsheng Cai
Senior Legal Officer
Tonga Workshop – 13 February 2019– NUKU’ALOFA

2. 2 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Role of National Legislation
Ensure compliance by the
contractor with its obligations
Exempt the sponsoring State
from liability

3. 3 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Proposed Content of National Legislation
Financial viability &
technical capacity of
sponsored contractor
Conditions for issuing
a certificate of
sponsorship
Penalties for
non-compliance
by sponsored
contractors
Protection of
marine
environment
Establishment of
enforcement mechanism
for active supervision
Cooperation between
activities of the
sponsoring State and
those of ISA
Trust Fund to cover
damage

4. 4 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Three Generations
First
• Adopted in 1980s
• Reciprocating
States Regime
• US, Germany, UK,
France, Japan,
Italy
Second
• Adopted after
entry into force
of the
Convention
• Russia, New
Zealand, Czech
Republic, Cook
Islands
Third
• Adopted after
issuance of the
advisory opinion
• Belgium, Fiji, UK,
Tonga, Tuvalu,
Singapore,
Nauru, China,
Kiribati, France

5. 5 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Submission of National Legislation
No Legislation Land Mining or
Maritime Zones
In review or
Adopting Process
National Legislation National Legislation
Georgia Cuba Brazil* Belgium* Nauru*
Guyana India* Cuba* China* New Zealand
Mexico Dominic Republic Czech Republic* Russian Federation*
Montenegro India* Fiji Singapore*
Nigeria Netherlands France* Tonga*
Niue Republic of Korea* Germany* Tuvalu
Oman Russian Federation* Japan* United Kingdom*
Zambia Cook Islands* Kiribati*

6. 6 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Purpose and objectives of legislation
Regulate
activities in
the Area
Ensure
protection of
marine
environment
Fulfil
obligations
under the
Conventions
Regulate
supervision or
administrative
measures
Framework
for
sponsorship
and effective
control
Promote
transparency
Attract
investment
Secure
optimum
benefits

7. 7 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
General Principles
Common Heritage of Mankind
Peaceful use
Cooperation and sharing
Protection of marine environment

8. 8 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Competent National Regulatory Authorities
Cook Islands
Seabed
Minerals
Authority
Fiji
International
Seabed
Authority
Nauru
Seabed
Minerals
Authority
Kiribati
Seabed
Minerals
Secretariat
Tonga
Seabed
Minerals
Authority
Tuvalu
Seabed
Minerals
Authority

9. 9 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Licensing Regime for Activities in the Area
Prerequisite conditions and eligibility of applicants
Application documentation
Criteria for granting a licence/sponsorship certificate
Decision-making procedures
Grant of licence/sponsorship certificate
Licence and certificate of sponsorship
Licence/sponsorship certificate and corresponding ISA contract
Terms of a certificate of sponsorship
Sponsorship agreement
Transfer of licence/sponsorship certificate
Variation, suspension and revocation of a licence/sponsorship certificate
Termination/lapse of a licence/sponsorship certificate
Renew of licence/sponsorship certificate

10. 10 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Obligations, Responsibilities and Liability of Sponsored Contractors
General obligations
Safety and labor protection
Environmental protection
Reporting and notification
Supervision and inspection
Insurance and security
Liability and indemnity
Objects of archaeological and historical nature
Training opportunities

11. 11 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Responsibilities of the Sponsoring States
Monitoring, supervision and inspection

12. 12 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Environmental Protection
Precautionary approach
Best environmental practice
Sustainable management
Polluter-pays and restoration
Establish environmental baselines
EIA
Protect and preserve rare or fragile ecosystems and habitats
Prevent, reduce and control pollutions from activities
Prevent transboundary harm
Conserve biodiversity

13. 13 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Fees and Payment
States Application Fee Annual Administration Fee Recovery payment/Royalties
Belgium € 10,000 € 40,000
China
Czech Republic ✓
Fiji ✓ ✓ ✓
France
Germany ✓ ✓
Japan ✓
Kiribati ✓ ✓ ✓
Nauru $15,000 $20,000 ✓
New Zealand
Russian Federation
Singapore
Tonga ✓ ✓ ✓
Tuvalu ✓ ✓ ✓
United Kingdom ✓ ✓

14. 14 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Funds and Security
States Revenue Fund Security/Performance Bond
Belgium ✓
China
Czech Republic
Fiji ✓
France
Germany
Japan
Kiribati ✓ ✓
Nauru ✓ ✓
New Zealand
Russian Federation
Singapore ✓
Tonga ✓ ✓
Tuvalu ✓ ✓
United Kingdom

15. 15 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Offences
• Undertaking activities without licence or without contract with ISA
• In breach of conditions of licence
• Breach of contractual obligations and/or Rules of ISA
• Provide misleading or false information
• Not complying with enforcement order/directions
• Obstructing inspections
• Interference with seabed mining
• Unnecessary interference with other sea users
• Disclosure of confidential information

16. 16 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Penalties
States Suspension/Revocation Fines Imprisonment Compensation for damage
Belgium ✓ <= € 25,000* <= 1 year ✓
China ✓ ¥20,000 to 100,000 Criminal penalty ✓
Czech Republic ✓ CZK 1 to 100 million
Fiji ✓ <=$10,000 <= 5 years ✓
France
Germany ✓ <= € 50,000 <= 5 years
Japan ✓ <= ¥ 1,000,000 1-5 years ✓
Kiribati ✓ $ 50,000 to 500,000 <= 10 years ✓
Nauru ✓ $ 5,000 to 100,000 <= 10 years ✓
New Zealand ✓ $200,000+3x commercial gains Potentially Potentially
Russian Federation
Singapore ✓ <= $ 500,000 <= 3 months ✓
Tonga ✓ $ 100,000 to 1,000,000 <= 10 years ✓
Tuvalu ✓ <= $250,000 <= 10 years ✓
United Kingdom ✓ Sum fixed by order <= 2 years

17. 17 Tonga Workshop – 13 February 2019– NUKU’ALOFA
Status of National Legislation
Other Sections
Due regard to
other sea
users
Marine
scientific
research
Dispute
settlement
Terms and
interpretation
Implementing
regulations

18. 18
MALO ’AUPITO
Thank You
谢谢