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Presentation - International Seabed Authority

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WORKSHOP ON ENVIRONMENTAL MANAGEMENT<br />

OF DEEP SEABED MINERALS


Sponsorship<br />

<br />

The Republic of Nauru has sponsored Nauru Ocean Resources<br />

Inc. (“NORI”) to explore for minerals and carry out<br />

environmental studies in the <strong>International</strong> <strong>Seabed</strong> Area.<br />

<br />

NORI will be exploring in the North East Pacific Ocean for<br />

seafloor polymetallic nodules, which contain potentially<br />

economic grades of nickel, copper and manganese. These<br />

metals are the basic ingredients essential for global economic<br />

and social growth, particularly in developing countries where<br />

there is an increasing demand for more affordable and<br />

accessible supplies of these raw materials to advance living<br />

standards and alleviate poverty.<br />

<br />

Nickel, copper and manganese do not occur economically in<br />

Nauru’s jurisdiction, and this is an opportunity for Nauru to<br />

participate in the development of these key resources.


Sponsorship<br />

NORI and Nauru have pioneered a unique arrangement<br />

through which benefits can be brought to a developing State<br />

including employment, training, capacity building, and foreign<br />

investment, without causing the negative impacts generally<br />

associated with the extractive industry such as community<br />

dislocation and degradation of the national environment.<br />

<br />

This project will make a significant difference for Nauruan<br />

people and represents a valuable opportunity for the State to<br />

advance its social and economic development to ensure<br />

Nauru’s long term sustainability.<br />

<br />

Importantly, proceeds from NORI’s DSM will be distributed in<br />

Nauru to promote education, training, health and<br />

environmental rehabilitation.


The Republic of Nauru<br />

<br />

<br />

<br />

<br />

Nauru relies on foreign aid and support, as well as imported<br />

food resulting in significant health issues in the State.<br />

Nauru’s own land resources have been significantly depleted<br />

due to overharvesting of its phosphate deposit by Britain,<br />

Australia and New Zealand, and there is little arable land<br />

remaining. Because phosphate mining has left 80% of Nauru<br />

uninhabitable, it is essential that Nauru rehabilitates its<br />

environment to make it suitable for habitation and agriculture;<br />

the cost of rehabilitation will be in excess of US$200 million.<br />

Secondary phosphate mining in Nauru will only last for a few<br />

more years; therefore, this project will provide a significant<br />

potential income source that will assist in that transition<br />

phase.<br />

This project therefore allows the State to benefit from resource<br />

development without Nauru being further depleted of what<br />

little natural resources it has left, and will provide the State<br />

with an important income source to fund environmental<br />

rehabilitation on the island.


Sponsorship<br />

Essentially, this project represents an opportunity for the<br />

mining industry to give back to Nauru.<br />

Nauru does not have any commercially prospective non-living<br />

seafloor minerals in its EEZ, thus it must look to the<br />

international seabed area.<br />

Nauru will particularly benefit from training and capacity<br />

building from this new industry in Nauru given that this area<br />

has been identified as a national incapacity in Nauru’s National<br />

Sustainable Development Strategy 2005-2025. The training<br />

provided by NORI in partnership with the Nauru Education and<br />

Training Foundation will particularly benefit Nauru’s young<br />

people who will over time be employed in the project or serve<br />

as advisors to the State.<br />

This project provides Indigenous Naruans with an opportunity<br />

to rebuild their society, regain their culture, and regain their<br />

independence.


<strong>International</strong> <strong>Seabed</strong> <strong>Authority</strong><br />

<br />

NORI will be operating under the ISA’s rules and regulations,<br />

which represent WORLD’s BEST PRACTICE. These rules and<br />

regulations have been diligently prepared over a period of four<br />

decades and show an over-riding concern for the safeguarding<br />

of the environment, with significant input and direction from<br />

environmental experts from around the world. UNCLOS has<br />

been agreed upon and adopted by over 160 States.<br />

The ISA’s Exploration Regulations are one of the most<br />

environmentally stringent mineral exploration regulations in<br />

the world.


Sponsorship Responsibility<br />

Since sponsoring NORI in 2008, Nauru has shown an<br />

overriding caution and concern for ensuring that its<br />

sponsorship responsibilities and obligations are fulfilled,<br />

including requesting an advisory opinion from the<br />

<strong>International</strong> Tribunal for the Law of the Sea.<br />

The State has welcomed the advisory opinion delivered on 1<br />

February 2011, and has commenced the process of<br />

implementing a comprehensive legal framework to regulate<br />

activities in the international seabed area.


Legislation<br />

The objects of Nauru’s legislation will be to:<br />

(a) establish a regime for the efficient management and<br />

regulation of <strong>Seabed</strong> Mineral Activities being carried out<br />

by ISA Contractors;<br />

(b) establish a system for granting Licenses for ISA<br />

Contractors to engage in <strong>Seabed</strong> Mineral Activities;<br />

(c) ensure that ISA Contractors carrying out <strong>Seabed</strong> Mineral<br />

Activities comply with their obligations under UNCLOS<br />

and the ISA’s Rules and Regulations, and to make<br />

enforceable those obligations;<br />

(d) implement the State’s Sponsorship Responsibilities<br />

under UNCLOS ;<br />

(e) assist the State diversify its economy and encourage<br />

foreign investment to promote current and future social<br />

and economic development in the State;<br />

(f) provide effective measures for the protection of the<br />

marine environment and for safety of life and property at<br />

sea in the <strong>International</strong> <strong>Seabed</strong> Area in accordance with<br />

UNCLOS and the ISA’s Rules and Regulations;


Legislation cont.<br />

(g) ensure that recourse is available for prompt and adequate<br />

compensation or other relief in respect of damages caused by<br />

wrongful acts committed by ISA Contractors in the course of<br />

carrying out <strong>Seabed</strong> Mineral Activities, including damage<br />

caused by unlawful pollution of the marine environment<br />

resulting from <strong>Seabed</strong> Mineral Activities carried out by ISA<br />

Contractors;<br />

(h) encourage the continued development of technology necessary<br />

to recover <strong>Seabed</strong> Mineral Resources;<br />

(i) faciliate the development of <strong>Seabed</strong> Mineral Resources to foster<br />

global economic and social development by promoting an<br />

alternative supply of mineral resources essential to satisfying<br />

the present and future development needs of countries and to<br />

alleviating poverty and increasing global living standards; and<br />

(j) ensure present and future access to the nickel, copper, cobalt,<br />

and manganese resources of the deep seabed which will be<br />

important to the industrial needs of the nations of the world,<br />

both developed and developing.


Nauruan <strong>Seabed</strong> Minerals Administrator<br />

The functions of the Administrator will be to:<br />

regulate <strong>Seabed</strong> Mineral Activities being carried out by ISA<br />

Contractors in accordance with the Act and the State’s Sponsorship<br />

Responsibilities;<br />

administer the system for granting Licenses to ISA Contractors to<br />

engage in <strong>Seabed</strong> Mineral Activities;<br />

enforce the provisions of the Act to ensure that ISA Contractors<br />

carrying out <strong>Seabed</strong> Mineral Activities comply with their obligations<br />

under the Act, the Convention and the ISA’s Rules and Regulations;<br />

take necessary and appropriate administrative measures to secure<br />

compliance of ISA Contractors carrying out <strong>Seabed</strong> Mineral Activities<br />

with their obligations under the Act, the Convention and the ISA’s<br />

Rules and Regulations;<br />

supervise, monitor and inspect the <strong>Seabed</strong> Mineral Activities in<br />

accordance with the Act;<br />

recommend regulations to be made under the Act;


Nauruan <strong>Seabed</strong> Minerals Administrator<br />

<br />

<br />

<br />

<br />

<br />

cooperate with the ISA in the establishment and implementation of<br />

programmes for monitoring and evaluating the impacts of deep<br />

seabed mining on the marine environment;<br />

enforce the provisions of the Act to ensure that recourse is available<br />

for prompt and adequate compensation or other relief in respect of<br />

damages caused by wrongful acts committed by ISA Contractors in<br />

the course of carrying out <strong>Seabed</strong> Mineral Activities,<br />

keep under review developments in international law pertaining to<br />

<strong>Seabed</strong> Mineral Activities and the State’s Sponsorship<br />

Responsibilities;<br />

Establish procedures for the cooperation and coordination with the<br />

ISA with regards to securing compliance of ISA Contractors carrying<br />

out <strong>Seabed</strong> Mineral Activities; and<br />

apply a precautionary approach, as reflected in Principle 15 of the<br />

Rio Declaration, in order to ensure effective protection for the marine<br />

environment from unlawful harmful effects which may arise from<br />

<strong>Seabed</strong> Mineral Activities.


Capacity Building in Nauru<br />

Marine Science<br />

DSM Regulatory Framework Administration<br />

NORI DSM Project<br />

‣ Pre-Employment Traineeships<br />

‣ Staff Recruitment<br />

‣ Career Planning, Professional Development


NORI DSM Capacity Building<br />

Pre‐Employment Traineeships<br />

‣ Training for Nauruan Nationals job applicants not already possessing the<br />

requisite skills for the Project.<br />

‣ Build capacity of Nauruan Nationals to participate in Project<br />

employment.<br />

Recruitment<br />

‣ Increase representation;<br />

‣ Build the skills base;<br />

‣ Expand career options; and<br />

‣ Increase economic participation,<br />

of Nauruan Nationals in the Project’s workforce.


NORI DSM Capacity Building<br />

Career Planning, Professional Development and<br />

Development of Sustainable Employment<br />

‣ Development of career paths for already experienced<br />

Nauruan National employees to move beyond operator and<br />

trades roles;<br />

‣ Provide sustainable employment and skills development to<br />

ensure opportunities exist to further advance their career.;<br />

‣ E.g. study assistance and scholarships, development of<br />

technical capabilities, building of commercial skills,<br />

leadership development, technical training and experience<br />

etc.


Capacity Building for Developing<br />

State Nationals<br />

NORI has a binding obligation to carry out comprehensive<br />

training programs for developing State nationals nominated<br />

by the ISA.<br />

NORI’s training programs will focus on enhancing the<br />

skills and experience of scientists from developing States<br />

including engineers, marine biologists, oceanographers,<br />

geophysicists and geologists.


NORI’s Exploration<br />

NORI has world leading polymetallic nodule technical capacity,<br />

including a team of international experts many of whom were<br />

leaders of the largest programs of seafloor polymetallic nodule<br />

exploration and engineering conducted to date.<br />

NORI is committed to applying world’s best practice in<br />

environmental protection and has strong environmental<br />

credentials with international experts on its technical team.<br />

NORI will be conducting exploration to gather data and carry<br />

out scientific and technological studies.


NORI’s Exploration<br />

NORI is committed to operating in line with the following<br />

internationally accepted Environmental, Social and<br />

Governance principles and standards:<br />

United Nations Global Compact<br />

Millennium Development Goals<br />

IFC Performance Standards on Social and<br />

Environmental Sustainability<br />

World Bank Group Environmental, Health, and Safety<br />

Guidelines<br />

Precautionary Principle

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