1. A Bill in Tonga to Regulate Deep Sea Mining Tonga Deep Sea Minerals National Stakeholder Meeting 1 st February 2012 Hannah Lily Legal Advisor, Deep Sea Minerals SPC/SOPAC Division

2. Overview 1.Why is legislation required? 2.What is the objective of the legislation? 3.International law principles 4.What will the legislation cover? 5.How will the legislation be implemented?

3. Why is legislation required? Required by international law Promote Tonga’s reputation internationally Provide comfort to Tonga’s people Provide regulatory certainty encourage investment

4. 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

5. International law principles UN 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

6. Content of the legislation No DSM activity without licence Application and licensing process Creation of a regulatory body decision-making monitoring and enforcement

7. Implementation of the legislation Regulating Authority Functions Due diligence Decision-making EIA review Licensing Monitoring and enforcing Powers Cost recovery Delegation

8. Other considerations Health and Safety Other sea users Marine scientific research Capacity-building Fitting in with existing legislation Fiscal regime Responsible economic management