The Application of the Precautionary and Adaptive Management Approaches in the Seabed Mining Context: Trans-Tasman Resources Ltd Marine Consent Decision under New Zealand’s Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Anton, Don

doi:10.1163/15718085-12341343

Cited by 6 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The protection of the physical environment against unnecessary degradation would make a significant contribution to the betterment of humankind. One concrete step the ISA could take is to follow the approach taken by New Zealand's Environmental Protection Authority in its consideration of a seabed mining application, and adopt a broader understanding of the notion of benefit to include "total economic value", which encompasses "the direct and indirect values of [natural] resources as used by others or for their intrinsic and ecosystem services values" [37].…”

Section: Governance Challenges and Opportunitiesmentioning

confidence: 99%

Should deep seabed mining be allowed?

Kim

2017

Marine Policy

Self Cite

View full text Add to dashboard Cite

Section: Governance Challenges and Opportunitiesmentioning

confidence: 99%

Should deep seabed mining be allowed?

Kim

2017

Marine Policy

Self Cite

View full text Add to dashboard Cite

“…There are currently a few ways in which South Pacific countries could manage the environmental risks of deep seabed mining through effective integration of indigenous and scientific knowledge. An example we highlight here comes from the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act) of New Zealand (Anton & Kim, 2015) which “continues or enables the implementation of New Zealand's obligations under … the United Nations Convention on the Law of the Sea 1982” (EEZ Act, section 11). Under this Act , all seabed mining applications within national jurisdiction must satisfy the sustainable management purpose, which supports concepts highlighted in the workshop and is defined as (EEZ Act, section 10):…”

Section: Evolving Tools and Approaches To Integrate Values And Conceptsmentioning

confidence: 99%

Deep seabed mining and communities: A transdisciplinary approach to ecological risk assessment in the South Pacific

Reichelt‐Brushett

Hewitt

Kaiser

et al. 2021

Integr Envir Assess & Manag

Self Cite

View full text Add to dashboard Cite

This article is part of the special series entitled: "Implications of Deep-sea Mining on Marine Ecosystems." The series comprises the current state of the science regarding deep-sea ocean ecosystems and the likely ecological footprints, risks, and consequences of deep-sea mining. There is a focus on: impact assessment, policy solutions, and practices to aid in the implementation of industry guidance prepared by the International Seabed Authority and other authorities, new monitoring and assessment methods, best management practices, and emerging scientific research related to deep-sea ecosystems.

show abstract

“…227 In the face of this uncertainty, the use of the precautionary approach is mandated, but even this approach has "no easy answers." 228 The license was granted, but it is currently under appeal. 229 The Trans-Tasman case may have implications for DSM in the Area, as adequate information on the effects on the environment, monitoring baseline data, and adaptive management approaches are required.…”

Section: Exclusive Economic Zone and Continental Shelf Provisionsmentioning

confidence: 99%

Environmental Liability for Deep Seabed Mining in the Area: an Urgent Case for a Robust Strict Liability Regime

MacMaster¹

2019

Ocean Yearb. Online

View full text Add to dashboard Cite

and recommend changes to the development of liability standards, including the creation of an environmental fund. PART 1-CONTEXT AND LIABILITY ISSUES The Deep Seabed (DSB) extends on the continental shelf, the exclusive economic zone (EEZ), and the Area, and is defined as any seabed surface below 200 m. 4 It is thought to contain vast quantities of minerals, resources, and potentially oil and gas. 5 The DSB encompasses not only the Area, but also the continental shelf (CS) and EEZ. 6 Resources are defined in Article 133 of the UNCLOS as "all solid, liquid or gaseous mineral resources in situ in the Area at or beneath the seabed, including polymetallic nodules." 7 It is believed to be a next frontier for extractive industries, 8 as it is seen as solving two issues: first, the potential decline in onshore mineral resources, such as copper and rare-earth metals, 9 and second, that developing countries may benefit from resource extraction as a route to economic development. 10 DSM has not been a significant issue to date due to a lack of technologies that could exploit the Area. 11 However, extractive technologies are advancing at a rapid pace and are almost at commercial readiness. 12 Given that much of the DSB is found at depths of 1.5 km and commercial quantities from 3000 to 6,000 m, 13 there is a great risk of environmental damage conducted by any exploration or exploitation. There was no fulsome regulatory regime for the Area in the UNCLOS. Rather, Part XI created the International Seabed Authority (ISA) to regulate activities. 14 The ISA may exercise control in the Area, as is necessary, to ensure compliance with Part XI, and all countries are obligated to ensure compliance with Article 139. 15 The ISA is thus responsible for all DSM in the Area. 16 To obtain a permit to explore the Area for DSM, a sponsoring state must submit a Plan of Work. 17 As of the date of this article, twenty eight exploration contracts have been issued by the ISA. 18 Yet, despite this number of permits, there are several important legal issues related to DSM that have not been fully developed, including both liability and environmental assessment (EA) requirements.

show abstract

The Application of the Precautionary and Adaptive Management Approaches in the Seabed Mining Context: Trans-Tasman Resources Ltd Marine Consent Decision under New Zealand’s Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012

Cited by 6 publications

References 0 publications

Should deep seabed mining be allowed?

Should deep seabed mining be allowed?

Deep seabed mining and communities: A transdisciplinary approach to ecological risk assessment in the South Pacific

Environmental Liability for Deep Seabed Mining in the Area: an Urgent Case for a Robust Strict Liability Regime

Contact Info

Product

Resources

About