REGIONAL SCIENTIFIC RESEARCH GUIDELINES

Require or otherwise prioritise the
involvement by the permit-holder of national
personnel in the DSM scientific research,
or the provision of other related training or
capacity-building opportunities.
Have specific rules for exploration (as
opposed to MSR or prospecting), to:
(i) require more information at the
application stage, and establish a more
stringent reporting and monitoring
regime, and rights to terminate the
Permit;
(ii) provide the permit-holder with security
of tenure, i.e. provided the permitholder
abides by the terms and
conditions of the permit, their permit
continues to run to its end date; and
(iii) set a maximum size for exploration
permit areas, require regular
relinquishment of a portion of the
total area under exploration, and/or
require a minimum annual expenditure
amount.
Capacity gaps exist within developing countries, in relation
to the technical expertise and know-how required for DSM
operations and regulation. International law requires capacitybuilding
initiatives in this area for developing State nationals.
National permitting rules can, therefore, require training or
secondment opportunities for local personnel.
Unduly onerous capacity-building requirements may not
be feasible, given the significant forward-planning and cost
attached to DSM scientific research, and the limited capacity
on board research vessels.
(i) Exploration may have more impact upon the environment
than other DSM scientific research activities, may take some
time, and may be the start of a longer State/permit-holder
relationship, as exploration is undertaken with the view
to a future mining project at the same site (with the same
applicant). For that particular reason, a proportionately higher
level of scrutiny is recommended. Government may also
wish to require an exploration permit-holder to have a locallyregistered
body corporate (and assets in-country).
Government may also wish to retain a right to terminate the
permit, in certain circumstances, e.g. if the holder does not
undertake the exploration activities (but the exclusive nature
of the permit means others are blocked from the site during
this time), or acts in contravention to the rules or government’s
instructions.
(ii) Exploration cruises are costly for the operator, as they
do not generate income. The permit-holder company will
be looking to reduce their risk and costs in their choice of
jurisdiction. Having some predictability and certainty that the
permit will run uninterrupted, without the rules changing for
a lengthy enough time to complete its plan of work, will be
important for exploration companies.
(iii) Limiting the size of one exploration permit avoids too
much of the seabed being under exclusive use and active
exploration at any one time. Giving out several smaller size
permits rather than one larger permit, may also enable better
State control of the activities (and yield higher fees).
Relinquishment and minimum expenditure requirements aim
to ensure that the permit-holder diligently performs the agreed
plan of work. The aim is to avoid a permit-holder retaining a
portion of seabed under exclusive permit for a lengthy period,
with no exploration activity occurring – as this will not yield
the anticipated benefit to the country (of increased geological
and biological knowledge, and progress toward future mining
and associated revenue).
6 Scientific research installations and equipment
MSR can be carried out not only on ships but also on installations or equipment (including
floating buoys) (Treves 2012) deployed in the marine environment. Such installations and
equipment do not possess the statute of islands, thus they have no territorial sea and their
presence does not affect the delimitation of any maritime zones 46 .
The deployment of a scientific-data acquisition buoy within the coastal State’s jurisdiction
requires the State’s consent, while no consent is needed when deployment occurs on the high
seas. Nevertheless, due regard for the exercise of other freedoms of the high seas is required.
Safety zones of a reasonable breadth (not exceeding 500 metres) may be created around
scientific research installations in accordance with UNCLOS, and all States shall ensure that
such safety zones are respected by the vessels which fly their flag 47 , and that the deployment
does not constitute an obstacle to established international shipping routes 48 .
46
UNCLOS, art. 259.
47
UNCLOS, art. 260.
48
UNCLOS, art. 261
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