Post on 16-Dec-2015
transcript
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Outline
What is the precautionary principle?
Precautionary principle in the context of DSM
Obligation to apply the precautionary approach
Precautionary principle in action
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Precautionary Principle Higher level of environmental protection
through precautionary decision-making in the case of risk
Where 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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APPLY PRECAUTIONARY APPROACH
Factors which trigger the precautionary approach are:
Potential for harm; Uncertainty about causality and magnitude of impacts.
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Why the Precautionary
Principle? Effectively tackle deep sea mineral issues while
at the same time ensuring globally acceptable standards are met
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Precautionary Approach in DSM
High 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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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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“… 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 measures
Given the scientific uncertainties and unknowns, decisions to proceed with a DSM project mining project should consider all reasonable measures
These measures should reflect both the levels of uncertainty and the probability of harm
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No development option
Application 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 measures
As 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 context
Continual approach: Robust regulatory approach Participatory approach Proportionate approach Incremental approach Environmental management approach Other relevant environmental measures
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Continual Approach
Continuous monitoring and assessment before, during and after DSM projects have ceased
Gather information to inform future decision-making
Long term action to build capacity over time
Capacity building initiatives are cost-effective measures which States can pursue
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Robust regulatory approach
Good governance is essential to State application of the precautionary approach
Robust 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 approach
Uncertainty that invokes precautionary approach gives rise to the need for participatory approach
Builds 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 approach
The Rio Declaration is silent on the extent of the precaution required, other than noting that measures should be cost-effective
Invoking 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 approach
DSM projects should take one step at a time
Controlled, staged work programs Development of staged programs as
new information and scientific evidence emerges
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Environmental management approach
Prior EIA (environmental impact assessment)
On-going environmental monitoring Establishing 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 measures
Establish marine protected areas Comprehensive baseline research requirements
in the explorative/mining license The 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’