PRECAUTIONARY APPROACH IN A DEEP SEA MINING CONTEXT

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Outline

What is the precautionary principle?

Precautionary principle in the context of DSM

Obligation to apply the precautionary approach

Precautionary principle in action

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What is the

Precautionary principle?

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Precautionary Principle Higher level of environmental protection

through precautionary decision-making in the case of risk

Where there is a risk of serious or irreversible damage to human health or the environment, precautionary action should be taken irrespective of the lack of absolute certainty with regard to its causes and impact.

Proceed with caution

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Current risk-based decision-

making approach

Precautionary approach

How safe is safe? How much harm can be avoided while still maintaining necessary values?

What level of risk is acceptable? What are the alternatives to this that achieve the desired goal?

How much harm can the ecosystem assimilate without any obvious adverse effects?

Do we need this activity in the first place?

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Burden of proof

Safe until proven

dangerous

Protect the environment

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Stakeholder consultations

Gov’tOperator

CSO Youth

UsersPrivate sector

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Precautionary principle in the context of dsm

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APPLY PRECAUTIONARY APPROACH

Factors which trigger the precautionary approach are:

Potential for harm; Uncertainty about causality and magnitude of impacts.

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Why the Precautionary

Principle? Effectively tackle deep sea mineral issues while

at the same time ensuring globally acceptable standards are met

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Precautionary Approach in DSM

High risk: When the risks are uncertain, adopting the precautionary approach provides guidance on the process for avoiding serious or irreversible harm

Precautionary approach MUST prevail

In the absence of complete scientific evidence, adopting the precautionary approach allows decision-makers to justify their decisions on the available information

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Obligation to apply the

precautionary principle

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Direct obligations for sponsoring States :

Conduct Environmental Impact Assessments (EIA)

Employ best environmental practices

Apply the precautionary principle

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ISA Regulations

“…sponsoring States (as well as the Authority) shall apply a precautionary approach as reflected in Principle 15 of the Rio Declaration in order to ensure effective protection for the marine environment from harmful effects which may arise from activities in the Area”

Nodules Regulations, Reg 31, para 2

Sulphides Regulations, Reg 33, para 2

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Rio Declaration on Environment and Development

Principle 15:

“ In order to protect the environment, the

precautionary principle shall be widely applied by

States according to their capabilities, where there

are threats of serious or irreversible damage, lack

of full scientific certainty shall not be used as a

reason for postponing cost-effective measures to

prevent environmental degradation.”

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precautionary principleIn action

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“… the general provisions concerning the responsibilities and liability of the sponsoring State apply equally to all sponsoring States, whether developing or developed.”

ITLOS Advisory Opinion para 158

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Reasonable measures

Given the scientific uncertainties and unknowns, decisions to proceed with a DSM project mining project should consider all reasonable measures

These measures should reflect both the levels of uncertainty and the probability of harm

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Public consultations

Participatory processes

INFORMED DECISIONS

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No development option

Application of the precautionary principle may be a decision NOT to embark in DSM activities if the risks, uncertainty, or anticipated impacts are deemed too serious.

The Precautionary approach also recognises there are situations where development may proceed despite insufficient information for fully-informed risk assessment.

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Scientific uncertainty does not necessarily require inaction.

Precautionary approach informs the method of moving forward, ie preventing incidents of environmental degradation and implementing cost-effective measures

As information becomes available through cautious and incremental steps, the uncertainties and risks can be reduced as the project develops.

“Learning by doing”

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Applying Precautionary Approach in DSM context

Continual approach: Robust regulatory approach Participatory approach Proportionate approach Incremental approach Environmental management approach Other relevant environmental measures

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Continual Approach

Continuous monitoring and assessment before, during and after DSM projects have ceased

Gather information to inform future decision-making

Long term action to build capacity over time

Capacity building initiatives are cost-effective measures which States can pursue

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Robust regulatory approach

Good governance is essential to State application of the precautionary approach

Robust legislative and licensing regime empowers government to exercise appropriate decision making processes

Enable public participation and a multi-stakeholder approach

Protects the States, marine biodiversity, sea users and local communities

Provides security and clarity to DSM companies/investors

Furthered by establishment of a national body to regulate DSM operations

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Participatory approach

Uncertainty that invokes precautionary approach gives rise to the need for participatory approach

Builds awareness and understanding of procedural and substantive DSM issues

Address concerns and protect stakeholder interests

Mitigate any tension amongst stakeholders with competing interests

Early public consultation aids development of appropriate policy and law

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Proportionate approach

The Rio Declaration is silent on the extent of the precaution required, other than noting that measures should be cost-effective

Invoking the precautionary approach should lead to action that is proportionate to the required level of protection, consistent with other users

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Incremental approach

DSM projects should take one step at a time

Controlled, staged work programs Development of staged programs as

new information and scientific evidence emerges

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Environmental management approach

Prior EIA (environmental impact assessment)

On-going environmental monitoring Establishing a robust EMP (environmental

management plan) Impose clear requirements on DSM

operators for comprehensive baseline research and regular data collection, to enable effective observation and analysis of the impacts of DSM activity

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Other relevant environmental management measures

Establish marine protected areas Comprehensive baseline research requirements

in the explorative/mining license The use around mining sites of un-mined buffer

zones and control zones Strategic environmental assessment by

governments for their entire marine areas Regular reporting of data on environmental

impacts Paradigm shift from a single sector approach to

an ‘ecosystem approach’

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