Precautionary Approach in A deep sea mining context - PowerPoint Presentation

1. Precautionary Approach in A deep sea mining context

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3. 3What is thePrecautionary principle?

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5. Precautionary PrincipleHigher level of environmental protection through precautionary decision-making in the case of riskWhere there is a risk of serious or irreversible damage to human health or the environment, precautionary action should be taken irrespective of the lack of absolute certainty with regard to its causes and impact. Proceed with caution5

6. Current risk-based decision-making approachPrecautionary approachHow safe is safe?How much harm can be avoided while still maintaining necessary values?What level of risk is acceptable?What are the alternatives to this that achieve the desired goal?How much harm can the ecosystem assimilate without any obvious adverse effects?Do we need this activity in the first place?6

7. Burden of proof7

8. Stakeholder consultations8

9. 9Precautionary principle in the context of dsm

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11. Why the Precautionary Principle?11

12. Precautionary Approach in DSMHigh risk: When the risks are uncertain, adopting the precautionary approach provides guidance on the process for avoiding serious or irreversible harm Precautionary approach MUST prevailIn the absence of complete scientific evidence, adopting the precautionary approach allows decision-makers to justify their decisions on the available information12

13. 13Obligation to apply the precautionary principle

14. Direct obligations for sponsoring States :Conduct Environmental Impact Assessments (EIA)Employ best environmental practicesApply the precautionary principle14

15. ISA Regulations“…sponsoring States (as well as the Authority) shall apply a precautionary approach as reflected in Principle 15 of the Rio Declaration in order to ensure effective protection for the marine environment from harmful effects which may arise from activities in the Area”Nodules Regulations, Reg 31, para 2Sulphides Regulations, Reg 33, para 215

16. Rio Declaration on Environment and Development Principle 15:“ In order to protect the environment, the precautionary principle shall be widely applied by States according to their capabilities, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.”16

17. 17 precautionary principleIn action

18. “… the general provisions concerning the responsibilities and liability of the sponsoring State apply equally to all sponsoring States, whether developing or developed.”ITLOS Advisory Opinion para 15818

19. Reasonable measuresGiven the scientific uncertainties and unknowns, decisions to proceed with a DSM project mining project should consider all reasonable measuresThese measures should reflect both the levels of uncertainty and the probability of harm19

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22. No development optionApplication of the precautionary principle may be a decision NOT to embark in DSM activities if the risks, uncertainty, or anticipated impacts are deemed too serious.The Precautionary approach also recognises there are situations where development may proceed despite insufficient information for fully-informed risk assessment. 22

23. Scientific uncertainty does not necessarily require inaction. Precautionary approach informs the method of moving forward, ie preventing incidents of environmental degradation and implementing cost-effective measuresAs information becomes available through cautious and incremental steps, the uncertainties and risks can be reduced as the project develops. “Learning by doing”23

24. Applying Precautionary Approach in DSM contextContinual approach:Robust regulatory approachParticipatory approachProportionate approachIncremental approachEnvironmental management approachOther relevant environmental measures24

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27. Continual ApproachContinuous monitoring and assessment before, during and after DSM projects have ceasedGather information to inform future decision-makingLong term action to build capacity over timeCapacity building initiatives are cost-effective measures which States can pursue27

28. Robust regulatory approachGood governance is essential to State application of the precautionary approachRobust legislative and licensing regime empowers government to exercise appropriate decision making processesEnable public participation and a multi-stakeholder approachProtects the States, marine biodiversity, sea users and local communitiesProvides security and clarity to DSM companies/investorsFurthered by establishment of a national body to regulate DSM operations28

29. Participatory approachUncertainty that invokes precautionary approach gives rise to the need for participatory approachBuilds awareness and understanding of procedural and substantive DSM issuesAddress concerns and protect stakeholder interestsMitigate any tension amongst stakeholders with competing interestsEarly public consultation aids development of appropriate policy and law 29

30. Proportionate approachThe Rio Declaration is silent on the extent of the precaution required, other than noting that measures should be cost-effectiveInvoking the precautionary approach should lead to action that is proportionate to the required level of protection, consistent with other users30

31. Incremental approachDSM projects should take one step at a timeControlled, staged work programs Development of staged programs as new information and scientific evidence emerges31

32. Environmental management approachPrior EIA (environmental impact assessment)On-going environmental monitoringEstablishing a robust EMP (environmental management plan)Impose clear requirements on DSM operators for comprehensive baseline research and regular data collection, to enable effective observation and analysis of the impacts of DSM activity32

33. Other relevant environmental management measuresEstablish marine protected areasComprehensive baseline research requirements in the explorative/mining licenseThe use around mining sites of un-mined buffer zones and control zonesStrategic environmental assessment by governments for their entire marine areasRegular reporting of data on environmental impactsParadigm shift from a single sector approach to an ‘ecosystem approach’33

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