Cook Islands has enacted seabed minerals harvesting regulations despite concerns about the lack of ‘meaningful consultation’ and the premature nature of the legislation, given that the exploration phase is still ongoing says a local environment group.
The Seabed Minerals (Minerals Harvesting and Other Mining) Regulations 2024 (MH Regulations) were passed last week, the Cook Islands Seabed Minerals Authority (SBMA) confirmed in a statement on Friday.
SBMA says the adoption of these regulations is a crucial step in establishing a comprehensive legal framework, providing all stakeholders with clarity and certainty regarding the country’s legal regime for seabed minerals governance.
The regulations were passed “after four years of development and two rounds of public consultations”.
However, Alanna Smith, the director of environment group Te Ipukarea Society, questioned the consultations, saying “in reality, there were none”.
“A consultation process is a collaborative approach where parties actively engage in open dialogue and exchange of information to reach a mutually beneficial decision,” Smith said.
“It involves listening, understanding, and considering each other’s perspectives before making a final determination. None of that happened in the passing of these very premature regulations.”
“Te Ipukarea Society were invited to submit comments on the first draft of these regulations back in 2021, which we did. We receive zero feedback from SBMA about our submission, and none of our substantive comments or suggestions were incorporated into the second draft.
“We were again invited to submit on the second draft. You would have thought by now we would have realised that this was not intended to be meaningful consultation, but just a box ticking exercise by Government. However, we were too gullible and fell for it a second time. We again submitted substantive comments, including opinions from two New Zealand based legal experts.”
Smith said again, none of the substantive comments were incorporated into the final regulations as passed.
“For Government to say there was consultation is a gross misuse of the word. At no time were we advised that the second draft was the final draft before finalising.”
Smith added to see the draft regulations into law, more than two years before the end of the initial exploration phase, “is a real slap in the face for due process and transparency”.
“As we have said before, what is the rush? We seem to be pandering to the investors and the companies, dancing to their tune, rather than doing what is best for our country.”
Prime Minister Mark Brown said: “Having in place a robust legal framework, before it is needed, is a proactive and responsible measure in line with international best practice and the precautionary approach.”
“I am pleased to see the Cook Islands continue to lead the way on the responsible and sustainable development of our seabed minerals sector.”
The SBMA reiterated that establishing the legal framework governing the management of minerals harvesting activities was a separate process entirely from the decision on whether minerals harvesting activities would be permitted to take place.
“The Cook Islands Government requires further scientific data and information before a science-based decision can be made on whether it will permit minerals harvesting activities to proceed. Until such time, only exploration activities are permitted.”
Louisa Castledine, on behalf of Ocean Ancestors, a collective of individuals, NGOs and businesses united by their shared passion for protecting the ocean, further questioned the rationale for enacting the seabed minerals harvesting regulations while the exploration phase is still underway.
“Whose interest are best being served by passing into law a premature legal framework right now? How can it possibly be robust when it hasn’t been informed by any research?” Castledine questioned.
“Government is proactively pushing forward the interest and agenda of investors and mining companies while undermining the very people they should be serving. They have forgotten who they represent!
“The concerns of the people have not been addressed but every measure is being made to accommodate outside influences. Regulating the mining process this early is in total conflict with the depiction that the decision to mine has not been made!”
Castledine stated that with numerous unanswered questions, the passing of this legislation is not only irresponsible but also misleading and “far from serving the interests of our Cook Islands people”.
“These tick the box so called ‘consultations’ are barely advertised with little to no engagement and something as significant as this didn’t warrant sponsored ads, a tv interview or radio airtime? Why not?
“SBMA is failing to get real consensus at each step and grossly lacking in transparency proceeding on the notion they have social license, like a thief in the night they are stealing from our future generations.”
The development of the MH Regulations was led by senior policy and legal officer, Te-Ara Henderson.
“Joining SBMA at the start of 2021, I worked with our legal advisor to review the initial draft of the regulations. Three years later, I couldn’t have anticipated the immense amount of time and effort it would take to develop and finally complete these regulations,” Henderson said in a statement.
SBMA would like to thank all stakeholders for their valuable input over the years, including government agencies, civil society and industry.
“Special acknowledgements to the Crown Law Office (CLO) and New Zealand Parliamentary Counsel Office for expert legal reviews, as well as the various technical experts for their assistance in ensuring the MH Regulations were robust and fit for purpose,” it said.
Cook Islands is currently in its third year of a five-year exploration phase to determine the feasibility of deep-sea mining for polymetallic nodules rich in cobalt, copper, nickel and manganese.
Moana Minerals Limited, Cook Islands Colbalt (CIC) Limited and Cook Islands Investment Company (CIIC) Seabed Resources Limited, which is co-owned by the Cook Islands government, were granted a seabed minerals exploration licence in 2022 to carry out exploration work. As part of the exploration process, these companies must review the associated environmental risks and if they can prove that mining is viable, the government will award them a mining licence.