laws & PolicIES
Seabed Minerals Policy 2014
Seabed Minerals Act 2019
The primary legislation regulating Seabed Minerals Activity is the Seabed Minerals (SBM) Act 2019.
Environmental considerations are currently covered by the Environment Act 2003, including the Environment (Seabed Minerals Activities) Regulations 2023, which can be accessed on the National Environment Service’s website here.
SBM (Exploration) Regulations 2020
The SBM Exploration Regulations underwent an initial review after the passing of the 2019 SBM Act. This review was initiated so that the Act and regulations were aligned. The initial review was open to the public for feedback in December 2019. Another review was conducted with considerations given to submitted feedback, and a further draft was publicly released in May 2020. Below is the final Seabed Minerals (Exploration) Regulations 2020
SBM (Exploration Fees) Regulations 2020
SBM (Minerals Harvesting and Other Mining) Regulations 2024
Standards & Guidelines
S01 Interim Standard on Expedition Planning and Reporting
S03 Interim Standard on Vessel Inspectors during Exploration
G02 Interim Guideline on Hazard Risk Assessment
G02 Annex A The Tools and Techniques for Hazard Identification and Risk Assessments
G04 Interim Guideline on Submission of Biological, Geological and other Data
G06 Environmental Impact Statement
G08 Environmental Management System
G09 Environmental Management and Monitoring Plan
Other relevant Cook Islands legislation.
Consolidated laws of the Cook Islands can be found here also.
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UNCLOS relates to the international agreement which defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.
The Cook Islands is a contracting party to UNCLOS and, as a coastal state, enjoys certain rights to explore and exploit the mineral resources of the seabed. The nature and extent of the rights enjoyed in these zones differs and is determined based on the distance of the area of seabed from the coast of the Cook Islands. Of particular relevance is the Exclusive Economic Zone (EEZ). This is where the bulk of nodules are located. The EEZ is the area of sea, seabed and subsoil from 12 to 200 nautical miles offshore. In the EEZ, the Cook Islands enjoys 'sovereign rights', conferred for the purposes of exploring and exploiting, conserving and managing natural resources of the waters, seabed and subsoil.
UNCLOS not only confers rights to natural resources but also imposes certain obligations. These obligations are couched in a general duty owed to the international community to "protect and preserve the marine environment". This duty is meant to ensure that the measures a coastal state adopts to regulate and control activities likely to affect the marine environment are consistent with the purposes of UNCLOS.
The draft National Seabed Minerals Policy places an emphasis on ensuring that the principles and measures adopted by Government should be reflective of international regulatory best practices and recent developments in the seabed minerals sector. For example the principle relating to environmental management calls for the application of "internationally accepted principles and standards of environmental protection including the precautionary principle". This reflects on a policy level the Cook Islands intention for the regime to be compatible and consistent with the provisions of UNCLOS. Furthermore, the Seabed Minerals Act makes provisions for the protection of the marine environment and refers to the Environment Act 2003 and the Marine Pollution Act 1998.
Last updated: 27 June 2024