1. nsel North-South Environmental Law (NSEL) Beca International Consultants (Beca) 6 June 2011

2. nsel Who are we? Robert Makgill – North-South Environmental Law (NSEL) Environmental lawyer Specialist in governance of natural resources in international and sovereign waters Advises States, IGO’s and private sector interests Keith Frentz – Beca International Consultants Technical Director Environmental management specialist Policy and strategic advisor

3. nsel Why are we here? The lawyer: To outline the LOSC framework for mineral resources To discuss recent ITLOS Advisory Opinion To discuss how State legislation should look The Planner: To discuss good environmental practice and management To discuss practical implementation of the legislation To discuss capacity building, training and the tools needed

4. nsel NSEL NSEL is a specialist environmental and public law firm. Robert’s recent work at NSEL includes legal counsel to: IUCN on ITLOS DSM advisory opinion proceedings - 2011 NORI on legislative and admin regime for DSM - 2011 Local Government NZ on drafting and enactment of Marine and Coastal Area Act 2011 - 2010 NZ Parliamentary Commissioner for the Environment on environmental regulation of EEZ - 2010 IUCN concerning provision under domestic legislation for integrated coastal management in Fiji - 2009

5. nsel LOSC – mineral resources Territorial Sea 12 nautical miles State exclusive competence to regulate access to minerals Continental Shelf & EEZ Submerged prolongation of land territory concerned state sovereign rights over non-living resources 200 n miles zone applies to living and non-living resources Non-living resource management not premised on conservation under LOSC Minerals can be exploited without regard to sustainability Exploitation must adhere to marine protection obligations Part XII LOSC

6. nsel LOSC – mineral resources High Seas & Area The Area is not subject state jurisdiction Common heritage regime vests resources in international community as a whole Exploration and exploitation of mineral resources open to all states Establishes regime for administering prospecting, exploration and exploitation of minerals through ISA The obligations of States for DSM activities in the Area is set out in ITLOS AO 2011

7. nsel ITLOS advisory opinion General obligation of due diligence not to cause harm to the environment beyond national jurisdiction “ Conduct” and not “result” “ Direct obligations” under LOSC The Precautionary Approach Best Environmental Practice – not best available technology Environmental Impact Assessment Adopt “laws and regulations” and to take administrative measures (i.e. implement, monitor & enforce)

8. nsel LOSC - Coastal states to adopt laws Part XII - Protection and preservation marine environment Exploration and exploitation of minerals will have some level of effect on ocean-bottom environment e.g. pollution Art 208(1) requires coastal states to adopt laws and regulations to prevent, reduce and control pollution to the marine environment from seabed activities in their jurisdiction (i.e. Territorial Sea, EEZ & Continental Shelf) Must be no less effective than international rules, standards and recommended practices and procedures

9. nsel State legislation should Prevent, reduce and control pollution from seabed activities Prevent environmental harm beyond national jurisdiction Be no less effective than international law Precautionary approach Best environmental practice EIA Monitoring and enforcement May be activity specific where information is sound More reliably effects based where information incomplete

10. nsel Beca International Consultants New Zealand employee owned In the Pacific for over 40 years Coastal Infrastructure Management Plans in Samoa Shoreline Protection Guidelines in Kiribati College of Marshall Islands, RMI Ataviu Port, Cook Islands Tuvalu Ship to Shore project Climate Change Adaptation Ports, Airports, Roads

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13. Good Environmental Practice and Management Principles Build sustainable communities Respect Social and Cultural wellbeings Balance the economic benefits/costs Strong Environmental Objectives Start from a terrestrial base Build on existing legislation – where it exists Build it for your Grandchildren Precautionary Approach Test, Monitor, Review

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16. Practical Implementation Working with people on practical solutions

17. nsel Work with the environment – not against it

18. nsel Capacity Building and Training Understanding of what you have Understanding of what you need Identify the gaps Plan how to fill the gaps Seek support – UNDP, NZAid, AusAid, Consultants It helps if everyone knows what you are doing and why you are doing it – training affects everyone.

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20. What will it mean to you? How will it assist Pacific Island Communities? Social Cultural Economic Environmental