The International Marine Minerals Society

Abstract

Abstract The Code for Environmental Management of Marine Mining (the Code) is necessary because there is little national regulation of marine mining, especially beyond the territorial sea, and other than the work by the International Sea Bed Authority in the Area, almost none in Areas Beyond National Jurisdiction (ABNJ). The Code was adopted in 2001 by the International Marine Minerals Society (IMMS) following extensive and wide-ranging consultation. The Code provides a framework and benchmarks for development and implementation of an environmental program for a marine exploration or extraction site by marine mining companies, and for stakeholders in governments, nongovernmental organizations and communities in evaluating actual and proposed applications of environmental programs at marine mining sites. The Code also assists in meeting the marine mining industry's requirement for regulatory predictability and minimization of risk, including environmental regulations and risks, and in facilitating financial and operational planning. The Code provides for its periodic review by IMMS with a focus on modifications based on experience with its implementation and in light of developments in the field of marine mining and associated environmental practices, in consultation with the marine mining industry and with other stakeholders in marine mining operations. The first review of the Code is now in progress. It has been circulated widely with a request for comments in particular with regard to the focus set out above. It was also assessed in the context of other mining codes from e.g., the Minerals Council of Australia, the International Council on Mining and Metals, and the International Seabed Authority, and it was examined under the international law of the sea and international environmental law. The proposed revised draft Code, reflecting the comments received and the analysis described above, is presented. Input is welcome until 31 May 2010. Its adoption is expected in October 2010. For the foreseeable future, the IMMS Code will be the only international instrument designed specifically to guide environmentally responsible deep sea mining. It is likely to serve as an example when legally binding legislation is eventually introduced.