ISA Draft Regulations for Exploitation

On 13 July 2000, the ISA adopted the Regulations on Prospecting and Exploration for Polymetallic Nodules in the Area. The first contracts for such exploration were issued by the ISA the same year. The duration of exploration contracts is 15 years, after which the contractors are expected to go into exploitation. In 2013, ISA with the LTC initiated the process for developing the regulations for exploitation, and are currently working on the first draft to put forward for the Council. In the meantime, the first seven exploration contracts have expired, and been given five years extensions in order for the contractors to get ready to apply for exploitation contracts. According to the current draft of the exploitation regulations, an application for an exploitation contract shall be accompanied by all data acquired during the exploration phase, a mining plan, a financing plan, and a set of environmental plans (i.e. an environmental impact statement, an emergency response and contingency plan, environmental management and monitoring plan, and a closure plan). All of these plans have to be based on substantial scientific and technical data and information. The mining plan requires geoscientific data regarding the mineralogy and grade of the nodules, and the physiography of the mining site as a basis for the consideration of critical aspects, inter alia for making reliable resource estimations, design the mining operations, and forecast revenues. The environmental plans require the input of a substantial set of bioscientific data and information on the exploitation technology in order to establish base-lines, and monitor and evaluate the effects of the mining operations. Under the exploration contracts, such scientific data have been acquired and reported on an annual basis to the ISA. Some testing of mining equipment and experiments on the extraction of metals have also been performed by some contractors. These scientific and technical data from the exploration phase will be the basis for the for the preparation of the studies, plans and documents required for the applications for exploitation. No time frame is specified for the preparations of an application but it must be assumed to take place before the expiration of the exploration contract.