Obtaining Approval For Deep Water Seafloor Mineral Extraction: The Solwara 1 Example

There is increasing recognition that in order for a development project to proceed successfully, it must first obtain a ?social licence to operate? from concerned stakeholders. Obtaining this ?licence? is in many ways a separate process to the legal one which involves, among other things, submitting an environmental and social impact assessment (ESIA) to the appropriate regulatory authority for review. Essentially, the function of an ESIA is to present a project?s technical, financial and social benefits, together with its environmental and social impacts in a transparent way to enable regulators to make an informed decision about whether the benefits outweigh the impacts, and thus whether or not the proposed project should proceed. The focus in the early days of ESIAs was primarily technical and was aimed to answer two fundamental questions: ?Can the project be built?? and ?Can we minimise impacts to a level that is acceptable to the community?? Basically, the ESIA process was a technical test of competence, but more recently, ESIAs have become much more than this. The main ESIA risk is now more akin to a test of a project?s legitimacy ? i.e., with more weight placed on the social licence, or the political test of moral authority ? with the process involving stakeholders from multiple backgrounds and disciplines, including some anti-development NGOs/civil society groups with their views on mining, (particularly in developing nations), often already pre-determined. Within the backdrop of this potential maelstrom, now enter a proposal for a new industry (such as deep sea mineral extraction).