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FRONT MATTER.PMD - International Seabed Authority

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156<br />

Annex III: art. 17<br />

and taking into consideration all relevant factors require the operator to<br />

maintain commercial production throughout the period of the plan of work.<br />

AGREEMENT, ANNEX, SECTION 1, PARAGRAPH 5<br />

5. Between the entry into force of the Convention and the approval of the<br />

first plan of work for exploitation, the <strong>Authority</strong> shall concentrate on:<br />

(f)<br />

…<br />

Adoption of rules, regulations and procedures necessary for the conduct<br />

of activities in the Area as they progress. Notwithstanding the provisions<br />

of Annex III, article 17, paragraph 2 (b) and (c), of the Convention,<br />

such rules, regulations and procedures shall take into account the terms<br />

of this Agreement, the prolonged delay in commercial deep seabed mining<br />

and the likely pace of activities in the Area;<br />

(d)<br />

(e)<br />

(f)<br />

(g)<br />

Categories of resources:<br />

In determining the category of resources in respect of which a plan of<br />

work may be approved, the <strong>Authority</strong> shall give emphasis inter alia to the<br />

following characteristics:<br />

(i) that certain resources require the use of similar mining methods; and<br />

(ii) that some resources can be developed simultaneously without undue<br />

interference between operators developing different resources<br />

in the same area.<br />

Nothing in this subparagraph shall preclude the <strong>Authority</strong> from<br />

approving a plan of work with respect to more than one category of<br />

resources in the same area to the same applicant.<br />

Renunciation of areas:<br />

The operator shall have the right at any time to renounce without penalty<br />

the whole or part of his rights in the area covered by a plan of work.<br />

Protection of the marine environment:<br />

Rules, regulations and procedures shall be drawn up in order to secure<br />

effective protection of the marine environment from harmful effects directly<br />

resulting from activities in the Area or from shipboard processing<br />

immediately above a mine site of minerals derived from that mine site,<br />

taking into account the extent to which such harmful effects may directly<br />

result from drilling, dredging, coring and excavation and from disposal,<br />

dumping and discharge into the marine environment of sediment, wastes<br />

or other effluents.<br />

Commercial production:<br />

Commercial production shall be deemed to have begun if an operator engages<br />

in sustained large-scale recovery operations which yield a quantity<br />

of materials sufficient to indicate clearly that the principal purpose is largescale<br />

production rather than production intended for information gathering,<br />

analysis or the testing of equipment or plant.

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