1. SPC-EU Deep Sea Minerals (DSM) Project Inaugural Regional Workshop Hannah Lily Legal Advisor – DSM Project 6 June 2011, Nadi

2. Context Pacific region leading the way in DSM exploration Potential for increased investment and income Threat to ecological equilibrium Obligation to preserve natural heritage for the benefit of present and future generations International law obligations require adoption of appropriate administrative measures National DSM law and policy lacking

3. Why a regional approach to law and policy? Ocean: interconnected, interdependent, transboundary States share characteristics and interests 2009 SOPAC Governing Council Members Decision Co-ordinated comprehensive approach Resources, facilities and knowhow can be shared DSM Projects may be cross-border multi-jurisdictional Stable, clear and consistent regional framework will encourage development and investment

4. UNCLOS UN Convention on the Law of the Sea 1982 Established Exclusive Economic Zone (EEZ) States given sovereign right to exploit, develop, and manage natural resources within its own EEZ Obligation to safeguard marine environment under their jurisdiction from damage or pollution Protection of scientific research States liable for damage caused by UNCLOS violation National rules must be adopted

5. Other legal instruments (1) Regional Conventions / Agreements: Noumea Convention Regional and collaborative approach EIA and public consultation Madang Guidelines Sovereignty and self-determination. Pacific Islands Regional Policy (PIROP) Proactivity Integrated approach. Engagement of local communities.

6. Other legal instruments (2) Other international law / agreements: London and MARPOL Conventions 1992 Rio Declaration (precautionary approach) Convention on Biological Diversity (CBD) Manado Declaration Climate Change Convention (UNFCCC)

7. Other legal instruments (3) National law: Economic Environmental Marine Mineral Other regulation Information Law enforcement Health and safety Labour laws

8. Other useful sources International Seabed Authority Regulations and Model Contracts International Tribunal for the Law of the Sea Obligations of due diligence and best environmental practice Precautionary approach Standards same for developing and developed states Industry Other States

9. DSM Project: RLRF process Individual States constitution and legislative processes Stakeholder interest Process Overview: Identify existing legislation policy and gaps Terms of Reference to guide development of RLRF Development of RLRF Dissemination of RLRF with implementation guidelines Tailored support to individual countries

10. DSM Project: RFRL development method Expert steering group Establishment of sub-group(s) where necessary Regional and sub-regional workshops Country visits Regular Project updates and ongoing consultation National stakeholder workshops, and committees Draft national legislation / polices, and consult Enact, implement, monitor, review Feedback mechanisms (all stakeholders)

11. Aspects of the RFRL Incorporate international standards Pre-empt harm – due diligence – registration / licensing Recognise different stages of DSM Responsible bodies and lines of authority Fiscal regime Environmental management Monitoring and enforcement Public accountability and information-sharing Practical considerations Methods of challenge, dispute resolution Model documents / templates?

12. Thinking points Regulation – how to balance: enablement and enforcement; and incentivising third party investment while protecting State interests How to legislate to set a fiscal regime, or pre-empt negative environmental impact, when so much is unknown?