Deep sea mining: overview of national and international regulations

The United Nations Convention on the Law of the Sea of 10 December 1982 and the Agreement of 28 July 1994 on the implementation of Part XI of the United Nations Convention on the Law of the Sea, that Belgium has assented to by law on 18 June 1998, constitutes the legal basis for deep sea mining in the Area and gives authority to the International Seabed Authority to organize, control and enforce this activity.

International regulation

• United Nations Convention on the Law of the Sea of 10 December 1982
• Agreement of 28 July 1994 relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982

To organize the exploration of the resources of the Area, the International Seabed Authority drew up the following regulations and recommendations:

• regulation of 13 July 2000 on Prospecting and Exploration for Polymetallic Nodules in the Area,
• regulation of 7 May 2010 regarding the prospection and exploration of the polymetallic sulphides in the Area,
• regulation of 27 July 2012 on Prospecting and Exploration for Cobalt-rich Ferromanganese Crusts in the Area,
• recommendations of 1 March 2013 for the guidance of contractors for the assessment of the possible environmental impacts arising from exploration for marine minerals in the Area,
• Environmental Management Plan for the Clarion-Clipperton Zone, approved by the Council decision of 26 July 2012,
• recommendations of 12 July 2013 for the guidance of contractors and sponsoring states relating to training programmes under plans of work for exploration,
• recommendations of 14 April 2015 for the guidance of contractors for the reporting of actual and direct exploration expenditure,
• recommendations of 4 August 2015 for the guidance of contractors on the content, format and structure of annual reports.

At present, the Authority is working on a regulation for the exploitation of the mineral resources of the Area and on several environmental management plans.

National regulations

In order to make the above-mentioned international rules applicable to Belgian nationals or companies, the following regulations were drawn up (only available in French or Dutch):

• Law of 17 August 2013 concerning the prospection, exploration and exploitation of the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction,

• Royal Decree of 4 October 2013 on the prospection, exploration and exploitation of the seabed and ocean floor and subsoil thereof, beyond the limits of national jurisdiction.