Cook Islands Opposition welcomes regulations, warns against premature mining

Photo: SPREP

The Cook Islands Opposition leader has welcomed the regulatory framework for deep-sea mining but maintains the stance against any mining activities until ‘environmentally friendly technology’ is available and Cook Islanders are fully involved. 

Tina Browne says while the regulatory framework is a prudent step, the Opposition firmly stands by its policy “no deep-sea mining activities should proceed until environmentally sound technology is available and qualified Cook Islanders are fully equipped to participate in all workforce levels”. 

Browne said this would ensure the protection of our environment while still considering the potential economic benefits deep-sea mining could bring to the Cook Islands. 

“Our clear and unwavering stance provides a solid foundation for our future actions,” added the leader of the Democratic Party. 

Browne’s comments follow the ongoing public consultations on the draft Seabed Minerals (Minerals Harvesting and Other Mining) Regulations. 

She said while the Government’s position on preparing the Seabed Minerals (Minerals Harvesting and Other Mining) Regulations aligns with international best practices, “it is essential to clarify that these regulations do not guarantee the commencement of deep-sea mining”. 

“They are meant to guide future decisions and ensure that the Cook Islands has a robust regulatory framework,” Browne said. 

“The Opposition supports this aspect but stresses that our stance remains clear –no harvesting is to commence until an environment-friendly technology is available and Cook Islanders can fully participate in the workforce.” 

Addressing the environmental and scientific concerns, the Opposition leader says their unwavering commitment to protecting the Cook Islands’ unique environment is a cornerstone of their stance on deep-sea mining. 

“This commitment is not just a policy but a deeply held belief that guides our actions. While the SBMA (Seabed Minerals Authority) response emphasises that regulations do not require immediate harvesting, we remain concerned about the adequacy of scientific data. 

“With sufficient scientific evidence, moving forward with the regulatory framework feels reasonable. The Opposition believes that regulations should adapt to emerging scientific knowledge, ensuring long-term environmental protection.” 

Browne said that while the Government argues that the national legal framework may be more effective than the International Seabed Authority (ISA), the Opposition stresses the importance of engaging with international bodies to ensure our regulations remain aligned with global standards. 

Cook Islands must take its time with global consensus on deep-sea mining practices, “ensuring we are open in our approach”, she added. 

Speaking on the expectation of mining licences, Browne noted that the Opposition acknowledges that holders of exploration licences can apply for mining licences. 

However, she said that it must be made clear that guarantees exist for issuing these licences only if all environmental, social, and legal obligations are fulfilled. 

“This is crucial in protecting the Cook Islands from potential legal challenges,” Browne said. 

“The Opposition firmly believes that public engagement and regional discussions on deep-sea mining are essential and integral to the decision-making process. 

“We recognise the value of SBMs proactiveness and the importance of their perspectives. We strongly support continuing the Talanoa process, which ensures inclusive dialogue across the Pacific region. 

“The Opposition encourages ongoing and transparent consultations with the public to ensure that all voices, especially environmental advocates and local communities, are heard before making any decision.” 

The Cook Islands Seabed Minerals Authority (SBMA) welcomed the Leader of the Opposition’s comments on the draft Seabed Minerals (Minerals Harvesting and Other Mining) Regulations (Minerals Harvesting Regulations).  

SBMA says it is nearing the end of its second round of public consultation on the draft Minerals Harvesting Regulations and thanks all stakeholders for their contributions and input.  

“The Minerals Harvestings Regulations have been in development over the last five years and received input from various stakeholders, including legal and technical experts, Government agencies, and civil society, both local and international,” SBMA said in a statement. 

“The Minerals Harvesting Regulations provide part of our robust regulatory framework, which is in line with best practices and provides legal certainty on the relevant processes and requirements. They work alongside other laws, including the Environment (SBM Activities) Regulations 2023. 

“It is important to clarify that creating laws and deciding whether or not to allow minerals harvesting are separate matters. Mixing the two is like saying road rules shouldn’t exist because accidents might happen. 

“To be clear, no minerals harvesting will be permitted until there is enough environmental data to support a science-based decision to move from exploration to harvesting. Until then, only exploration is allowed. This approach aligns with international best practices and the precautionary principle.” 

Cook Islands is in the third year of a five-year exploration phase to determine the feasibility of deep-sea mining for polymetallic nodules. Three companies have been granted license and access to the nation’s waters to see if mining is a viable option