in A deep sea mining context Outline 2 3 What is the P recautionary principle 4 Precautionary Principle Higher level of environmental protection through precautionary decisionmaking in the case of ID: 371073
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Slide1
Precautionary Approach
in A deep sea mining contextSlide2
Outline
2Slide3
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What
is the
P
recautionary
principle?Slide4
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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 caution
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Current risk-based decision-making approach
Precautionary approach
How 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?
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Burden of proof
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Stakeholder consultations
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9
Precautionary
principle in the context of
dsmSlide10
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Why the Precautionary Principle?
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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
prevail
In the absence of complete scientific evidence, adopting the precautionary approach allows decision-makers to justify their decisions on the available information
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Obligation to apply the precautionary principleSlide14
Direct obligations for sponsoring States :Conduct Environmental Impact Assessments (EIA)Employ best environmental practices
Apply the precautionary principle
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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
2
Sulphides Regulations,
Reg
33, para 2
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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.”
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precautionary principle
In actionSlide18
“… 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
158
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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 harm
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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.
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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”
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Applying Precautionary Approach in DSM contextContinual approach:Robust regulatory approachParticipatory approachProportionate approachIncremental approach
Environmental management approach
Other relevant environmental measures
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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 pursue
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Robust regulatory approachGood governance is essential to State application of the precautionary approachRobust legislative and licensing regime empowers government to exercise appropriate decision making processes
Enable public participation and a multi-stakeholder approach
Protects the States, marine biodiversity, sea users and local communities
Provides security and clarity to DSM companies/investors
Furthered by establishment of a national body to regulate DSM operations
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Participatory approachUncertainty that invokes precautionary approach gives rise to the need for participatory approachBuilds awareness and understanding of procedural and substantive DSM issues
Address concerns and protect stakeholder interests
Mitigate any tension amongst stakeholders with competing interests
Early public consultation aids development of appropriate policy and law
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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 users
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Incremental approachDSM projects should take one step at a timeControlled, staged work programs Development of staged programs as new information and scientific evidence emerges
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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 activity
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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 zones
Strategic environmental assessment by governments for their entire marine areas
Regular reporting of data on environmental impacts
Paradigm shift from a single sector approach to an ‘ecosystem approach’
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