We are committed to sustainably and responsibly developing our seabed minerals (SBM) sector for the benefit of our Cook Islands people. In line with the precautionary approach, any future decision on whether or not we will allow minerals harvesting to occur must be science based.

To achieve this, we need more data and information about the nature of our mineral resources and the marine environment so that we can better understand and address the potential environmental impacts and likely commercial viability. This understanding can only be obtained through exploration and research work, which is why the SBM exploration programme is important.

Our SBM sustainability goals

1. Environmental protection

As mana tiaki stewards, we are applying the highest environmental standards to ensure the protection of our Marae Moana. We will not allow any SBM activities that will cause unacceptable harm to our marine environment.

2. People empowerment

We are committed to creating opportunities for our Cook Islands people through capacity building, jobs (in government, research, industry etc.), scholarships, training, and local goods and services.

3. Knowledge advancement

We are on a journey of knowledge and discovery of our Marae Moana. We want to learn more about our ocean.

4. Economic diversification

The Cook Islands are overly reliant on tourism. This economic vulnerability was highlighted during the recent COVID pandemic. We are committed to diversifying our economy by exploring other options that could contribute to the Cook Islands’ economic well-being.

5. Contribution to clean energy transition

The seabed minerals of the Cook Islands contain cobalt, nickel, manganese, copper, and rare earth elements – all of which are needed for clean energy technologies.

What has been achieved so far?

• More Research Expeditions by companies and Government

• Government’s development of:

– First ever JORC-compliant resource estimate

– First ever seabed geomorphological map developed

– Habitat Management Zones

– Environmental Effects Assessment

– Cumulative Impact Assessment (currently underway)

– Cook Islands Seabed Minerals Data Public Repository (CSD) – where all environmental data collected can be found at: https://www.sbma.gov.ck/csd-1

• Sea safety training

– Certification of over 30 Cook Islanders to STCW certification in Rarotonga and Aitutaki

• Cook Islands leads research expeditions

– ARTEX in December 2023

– Upcoming: Women In Science Expedition (WISE) in September 2024

• Continuing to build up our Legal Framework

– Seabed Minerals Act amendments passed

– SBM Environmental Regulations passed

– SBM Standards and Guidelines passed

– Monitoring & Compliance Enforcement Framework developed

– Inspector regime established

• Ongoing consultations with Cook Islands communities

– All inhabited islands reached

– Diaspora consultations coming up

• Seafloor mapping around some of our islands

– This new information helps our fishermen, and the safe passage of ships

This information is publicly available on our CSD

What are we learning through Exploration Research?

In 2022, three Exploration Licenses were issued to: CIC, CSR, and Moana Minerals. Two and a half years into the exploration research programme, we are learning more about our Marae Moana and contributing to the global effort to better understand the world’s deep sea marine environment and seabed. We now have terabytes of new data and new knowledge, with the environmental data publicly available on SBMA’s website: https://www.sbma.gov.ck/csd-1

Independently monitored technology trials overseas are also expanding our knowledge of the environmental impacts of nodule harvesting and environmental monitoring in the deep sea. This will greatly inform our work in the Cook Islands.

For example, we have learned that:

• sediment plumes do not travel thousands of kilometers as previously suggested – instead, most sediment deposits within a few hundred meters

• the sediment plumes did not rise high into the sea as previously asserted – instead, they stuck close to the seafloor

• the noise from the collector was low and was undetectable within 400m and most noise is expected to come from the surface ships, similar to other ships

Is minerals harvesting (or mining) happening?

No. Although the SBM (Minerals Harvesting and Other Mining) Regulations 2024 have been passed, which outlines how the mining phase will be administered and managed, this does not mean the Cook Islands Government has decided to allow minerals harvesting activities. Currently, the Government requires further scientific research to make an informed science-based decision on whether to allow minerals harvesting.

The scientific research required during exploration takes years to complete and licence holders must also undertake an environmental impact assessment (EIA) and develop an Environmental Management and Monitoring plan (EMMP) before they can apply to conduct minerals harvesting. The work being done now will lead to the science and knowledge we need to make informed decisions.

What about the precautionary pause or moratorium being pushed?

While some stakeholders are pushing for a precautionary pause, or moratorium, on seabed mineral harvesting, it is important to remember that robust laws and science-based decision making are the best way to ensure environmental protection.

All stakeholders, including government and civil society, agree on the importance of making decisions based on science, and science needs data to make accurate and informed decisions.

The research that moratorium campaigners are calling for is required by the Cook Islands Seabed Minerals Authority, and we are in a research phase.

So how can government, as duly elected and appointed representatives of the people, exercise their duties and get independent ethical science that stakeholders and decision makers can understand and use? Well, it’s pretty simple really.

1. Apply the precautionary approach – a well understood method

2. Use leading best practice processes – a well understood method

3. Use peer review – a standard check

An important point to emphasis here then, is that independent ethical science is not dependent on who commissions the work. Independent science is that which can follow the methods described without overtly influenced bias, i.e., it is independent of non-scientific influences. The best way to avoid bias then is to simply follow the above methods and have the results checked.

What next?

We will continue the Exploration Research Programme over the next few years. The Government will also continue to encourage further deep ocean scientifi c research throughout our waters. The Women in Science Expedition (WISE), which was co-led by our very own Cook Islands scientist, Rima Browne, was completed at the end September 2024.

The data from that expedition will be gathered and analysed over the coming months and years. The insights gained will benefit the Cook Islands for years, and even decades, to come.

We will continue to engage with our Cook Islands people to ensure that decisions in this sector are in the interests and for the benefit of our country and future generations.

We understand and acknowledge there are individuals and community groups that are unsure about, and question this journey the Cook Islands is on. We humbly invite you all to please make contact with SBMA to discuss your questions and concerns with us.

We hope to ease these concerns and continue to look at ways to better engage with our communities. Contact us on 29193, email: [email protected] or for further information and contact forums, browse our website: www.sbma.gov.ck and facebook page: https://www.facebook.com/CookIslandsSBMA

Meitaki maata to all our Cook Islands people and stakeholders for your support and contributions, and we look forward to working with you and our communities for more years of exploration and discovery. We remain committed to our vision to creating a better Cook Islands for our people and our future generations.

Seabed Minerals Regulatory framework

Why do we need to have a legal framework in place for SBM activities?

Laws are crucial to managing our natural resources responsibly and sustainably by balancing environmental protection, social responsibility, and economic development.

The Cook Islands has a leading SBM legal framework that has been in development for over two decades (refer to Figure 1). Our legal framework is made up of Acts, Regulations, standards, and guidelines which set out the rules, processes, reporting requirements, and enforcement measures for SBM activities in the Cook Islands.

The key relevant Acts include the Seabed Minerals Act 2019 (SBM Act), Environment Act 2003 (Environment Act), and the Marae Moana Act 2017.

The SBM Act sets out the primary Under the SBM Act the SBM (Exploration) Regulations 2020 sets out the rules and processes for the exploration phase, whereas the SBM (Minerals Harvesting and Other Mining) Regulations (Minerals Harvesting Regulations) sets out the rules and processes for minerals harvesting phase.

Under the Environment Act, the Environment (SBM Activities) Regulations 2023 sets out the National Environment Service’s environmental management processes for SBM activities for both exploration and any future potential minerals harvesting/mining.

What is our process for making laws?

The development of legislation in the Cook Islands follows a structured process. All laws developed in the Cook Islands are overseen by the Crown Law Office (CLO), and the responsible agency works closely with CLO throughout the legislative process. After a Bill or Regulation is drafted, it is usually released for public (or sometimes targeted stakeholder) consultation. Submissions on the proposed law are received by the responsible agency and reviewed along with CLO and relevant subject matter experts.

Where submissions are accepted, further instructions are given to the specialist legislative drafter to incorporate. Once the final Bill or Regulation is completed, this is submitted to Cabinet for approval. After a Bill is approved by Cabinet, it is then introduced in Parliament for further consideration. A Bill goes through several readings, and sometimes a Select Committee is formed. After the Bill goes through the third reading, a final vote is held before the Bill is passed and becomes an Act. After Regulations are approved by Cabinet, they are signed into law by Executive Council.

Do all submissions on draft laws received automatically get accepted?

Not necessarily. Each submission is considered by the responsible agency (taking advice from subject matter experts and CLO). For example, on the recent Minerals Harvesting Regulations, SBMA received several submissions from various stakeholders including civil society, industry, and the public.

The submissions were reviewed as to whether it was appropriate to accept the proposal, and while some were accepted, others were not.

Each stakeholder group raises different issues and perspectives, and it is the Government’s responsibility to review those proposals and make decisions to ensure the law remains robust and fit for purpose. This ensures that all legislative proposals are considered thoroughly and are in the best interests of the Cook Islands.

Does putting Mineral Harvesting Regulations in place mean we are going ahead with harvesting?

No. The creation of these laws does not mean that harvesting (or mining) will proceed.

Why do we need laws in place if we have not decided whether we will allow harvesting/mining to go ahead?

Establishing laws to guide a decision (to permit or not permit an activity) does not mean a decision has been made to allow minerals harvesting or mining.

Instead, these laws provide all stakeholders with clarity and certainty regarding the Cook Islands’ legal regime for SBM governance. Having in place a robust legal framework is a proactive and responsible measure in line with international best practice and the precautionary approach.

It is also consistent with our commitment towards mana tiaki stewardship.

Sourced by: Cook Island Seabed Minerals Authority

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