pondence from the experts in the coun- tries concerned. Information Exchange Programme The Indonesia and Philippines dele- gates presented their respective papers on this subject. The Malaysian and Thai delegations generally agreed with the idea of such a programme but made no com- ment on the details other than suggest- ing the production of a periodic pub- lication. The UNEP delegation men- tioned their own role in disseminating information on a global basis and also the existence of their Tiger Paper. The IUCN delegate then explained their role as a computer reference service. Final proposals were as follows: (a) exchange information should cover research and dissemination of regional programmes and lists of endangered spe- cies. (b) the establishment of contact points among ASEAN members to facilitate information exchanges. (c) the publication of Tiger Paper should be continued and UNEP continue funding with the current format for an- other 2 years, before ASEAN as a group could eventually provide the funding. (d) promote technical meetings consist- ing of governmental and non-govern- mental ASEAN officials to present their respective country's paper or report. [] Germany, FR ACTON THE INTERIM REGULATION OF DEEP SEABED MINING* The Bundestag has passed the #ollowin g Act: Section 1 The purpose of this Act is to provisionally regulate and promote the exploration for and the recovery of hard mineral resources of the deep seabed until the entry into force of an international agreement for the Federal Rep- ublic of Germany. It is intended to 1. contribute to the development of these mineral resources to the benefit of all nations on the basis of the freedom of the high seas, without claiming sovereign rights over the deep seabed and its mineral resources, 2. assure reasonable regard to the interests of others engaged in the development of the deep seabed resources and the use of the high seas as well as to the conservation of the ma- rine environment, 3. protect life, health and property against any danger arising from deep seabed mining. *Unofficial translation; courtesy: A. Schnei- der. Section 2 For the purposes of this Act the term: 1. exploitation means the planned surveying of a field on the deep seabed with the objective of locating a hard mineral resource deposit and determining the significant conditions for recovery; explora- tion shall also include the taking of samples of hard mineral resources required for the development, construction or testing of pro- cessing facilities. The term does not include scientific research activities in the deep seabed or the at-sea testing of equipment; 2. recovery means The dislodging or removal of considerable quantities of hard mineral resources for com- mercial use, including the processing thereof, if carried out at sea; 3. development means exploration and recovery; 4. deep seabed means the seabed and its immediate subsoil lying sea- ward of and outside of areas for which the Federal Republic of Germany claims sover- eign rights or has recognized the sovereign rights of other states; 5. hard mineral resources means deposits or accretions of mineral aggregates containing manganese, nickel, cobalt or cop- per in quantities greater than traces. Section 3 1. The development of hard mineral resources of the deep seabed by residents of the Federal Republic of Germany (Section 4, (1), (3), Foreign Trade Law (Aussenwirtschaftsgesetz)) is permitted only if an authorization has been granted either under this Act or by a recipro- cating state (Section 14). 2. Rules of international law governing the high seas shall not be affected. Section 4 1. Exploration shall be authorized by means ofalicence. The licence shall grant the exclu- sive right to conduct exploration activities and to acquire ownership in such hard mineral resources as are required for the development, construction or testing of processing facilities. 2. Recovery shall be authorized by means of a permit. The permit shall grant the exclusive right to carry out recovery activities and to acquire ownership in the hard mineral re- sources. 3. Recovery as defined in Section 2 (2) shall not be permitted before 1 January 1988. Section 5 I. Residents of the Federal Republic of Ger- many shall be granted authorizations as long as no international agreement on deep seabed mining, which has entered into force for the Federal Republic of Germany, prohibits the issuance of authorizations by the contracting states, and provided that (1) no authorization has been granted, or applied for, covering the field, or parts there- of under this Act or under the statutes of a reciprocating state; (2) the applicant, as a result of his know- ledge, experience and financial resources as well as his reliability, can guarantee an orderly development of hard mineral resources which also takes into account operational safety re- quirements and measures to prevent industrial accidents; (3) there is no danger that such developments will (a) substantially impair the rights of others in their exercise of the freedom of the high sea, or the marine environment, or (b) considerably disturb the foreign relations of the Federal Republic of Germany. 2. Authorization may be denied if a previous authorization granted to the applicant was revoked, retracted or returned within the three-year period preceding the application in question. 3. A permit will generally not be issued unless the applicant is a holder of a licence for the field applied for. Section 6 1. A resident of the Federal Republic of Ger- many who is engaged in exploration activities at the time of the entry into force of this Act may continue these activities. He is, however, requested to apply for a licence within three months. 2. If at the time of the entry into force of this Act several residents of the Federal Rep- ublic of Germany are engaged in exploration activities in the same field and if they apply for a licence for this field or sections thereof, the decision on the order of priority shall be based on the principle of equity, with account being taken in particular of the date on which exploration activities were commenced, the extent of such exploration and the amount of the investment made. Section Z If more than one application is filed for the same field or section thereof priority of rights shall be determined by the chronological order of filing. Priority of right, however, does not exist unless the application contains sufficient information making it possible to ascertain whether all important requirements pursuant to Section 5 have been met. Section 8 Applications for authorization must be accompanied by a work plan. This plan shall contain a description of the project giving in particular the time schedule, recovery method and marine environmental protection mea- sures. Applications for a permit must in addi- tion include information on the structure of the field for which the permit is requested, on the type, position and volume of the hard mineral resources deposit, on the recovery targets and on the time schedule for recovery. Section 9 1. The Federal Minister of Economics shall be responsible for issuing authorizations under this Act. 2. The Federal Minister of Economics shall maintain a register in which all applications for authorization and decisions on authoriza- tions are entered. Entries shall also be made for data on applications and authorizations communicated to the Federal Government by a reciprocating state. 3. Any person who can substantiate a legiti- mate interest shall be allowed access to the applications for authorization records in the register and decisions on these applications. Excluded are documents which are attached to the applications or decisions and which contain business or industrial secrets. Section 10 1. A licence shall be valid for ten years, a permit for twenty years. The validity of a licence may be extended upon warranted ap- plication for periods of up to five years each, and the validity of a permit for periods of up to ten years each. 2. The size of a field of exploration shall be sufficient to allow for thorough examination Environmental Policy and Law, 6 (1980) 137
Transcript
pondence from the experts in the coun- tries concerned.
Information Exchange Programme
The Indonesia and Philippines dele- gates presented their respective papers on this subject. The Malaysian and Thai delegations generally agreed with the idea of such a programme but made no com- ment on the details other than suggest- ing the production of a periodic pub- lication. The UNEP delegation men- tioned their own role in disseminating information on a global basis and also the existence of their Tiger Paper. The IUCN delegate then explained their role as a computer reference service. Final proposals were as follows: (a) exchange information should cover research and dissemination of regional programmes and lists of endangered spe- cies. (b) the establishment of contact points among ASEAN members to facilitate information exchanges. (c) the publication of Tiger Paper should be continued and UNEP continue funding with the current format for an- other 2 years, before ASEAN as a group could eventually provide the funding. (d) promote technical meetings consist- ing of governmental and non-govern- mental ASEAN officials to present their respective country's paper or report. []
Germany, FR
ACTON THE INTERIM REGULATION OF DEEP SEABED MINING*
The Bundestag has passed the #ollowin g Act:
Section 1 The purpose of this Act is to provisionally
regulate and promote the exploration for and the recovery of hard mineral resources of the deep seabed until the entry into force of an international agreement for the Federal Rep- ublic of Germany. It is intended to 1. contribute to the development of these mineral resources to the benefit of all nations on the basis of the freedom of the high seas, without claiming sovereign rights over the deep seabed and its mineral resources, 2. assure reasonable regard to the interests of others engaged in the development of the deep seabed resources and the use of the high seas as well as to the conservation of the ma- rine environment, 3. protect life, health and property against any danger arising from deep seabed mining.
*Unofficial translation; courtesy: A. Schnei- der.
Section 2 For the purposes of this Act the term: 1. exploitation means the planned surveying of a field on the deep seabed with the objective of locating a hard mineral resource deposit and determining the significant conditions for recovery; explora- tion shall also include the taking of samples of hard mineral resources required for the development, construction or testing of pro- cessing facilities. The term does not include scientific research activities in the deep seabed or the at-sea testing of equipment; 2. recovery means The dislodging or removal of considerable quantities of hard mineral resources for com- mercial use, including the processing thereof, if carried out at sea; 3. development means exploration and recovery; 4. deep seabed means the seabed and its immediate subsoil lying sea- ward of and outside of areas for which the Federal Republic of Germany claims sover- eign rights or has recognized the sovereign rights of other states; 5. hard mineral resources means deposits or accretions of mineral aggregates containing manganese, nickel, cobalt or cop- per in quantities greater than traces.
Section 3 1. The development of hard mineral resources of the deep seabed by residents of the Federal Republic of Germany (Section 4, (1), (3), Foreign Trade Law (Aussenwirtschaftsgesetz)) is permitted only if an authorization has been granted either under this Act or by a recipro- cating state (Section 14). 2. Rules of international law governing the high seas shall not be affected. Section 4 1. Exploration shall be authorized by means ofal icence. The licence shall grant the exclu- sive right to conduct exploration activities and to acquire ownership in such hard mineral resources as are required for the development, construction or testing of processing facilities. 2. Recovery shall be authorized by means of a permit. The permit shall grant the exclusive right to carry out recovery activities and to acquire ownership in the hard mineral re- sources. 3. Recovery as defined in Section 2 (2) shall not be permitted before 1 January 1988. Section 5 I . Residents of the Federal Republic of Ger- many shall be granted authorizations as long as no international agreement on deep seabed mining, which has entered into force for the Federal Republic of Germany, prohibits the issuance of authorizations by the contracting states, and provided that (1) no authorization has been granted, or applied for, covering the field, or parts there- of under this Act or under the statutes of a reciprocating state; (2) the applicant, as a result of his know- ledge, experience and financial resources as well as his reliability, can guarantee an orderly development of hard mineral resources which also takes into account operational safety re- quirements and measures to prevent industrial accidents; (3) there is no danger that such developments will (a) substantially impair the rights of others in their exercise of the freedom of the high sea, or the marine environment, or
(b) considerably disturb the foreign relations of the Federal Republic of Germany. 2. Authorization may be denied if a previous authorization granted to the applicant was revoked, retracted or returned within the three-year period preceding the application in question. 3. A permit will generally not be issued unless the applicant is a holder of a licence for the field applied for.
Section 6 1. A resident of the Federal Republic of Ger- many who is engaged in exploration activities at the time of the entry into force of this Act may continue these activities. He is, however, requested to apply for a licence within three months. 2. If at the time of the entry into force of this Act several residents of the Federal Rep- ublic of Germany are engaged in exploration activities in the same field and if they apply for a licence for this field or sections thereof, the decision on the order of priority shall be based on the principle of equity, with account being taken in particular of the date on which exploration activities were commenced, the extent of such exploration and the amount of the investment made.
Section Z If more than one application is filed for
the same field or section thereof priority of rights shall be determined by the chronological order of filing. Priority of right, however, does not exist unless the application contains sufficient information making it possible to ascertain whether all important requirements pursuant to Section 5 have been met.
Section 8 Applications for authorization must be
accompanied by a work plan. This plan shall contain a description of the project giving in particular the time schedule, recovery method and marine environmental protection mea-
sures. Applications for a permit must in addi- tion include information on the structure of the field for which the permit is requested, on the type, position and volume of the hard mineral resources deposit, on the recovery targets and on the time schedule for recovery.
Section 9 1. The Federal Minister of Economics shall be responsible for issuing authorizations under this Act. 2. The Federal Minister of Economics shall maintain a register in which all applications for authorization and decisions on authoriza- tions are entered. Entries shall also be made for data on applications and authorizations communicated to the Federal Government by a reciprocating state. 3. Any person who can substantiate a legiti- mate interest shall be allowed access to the applications for authorization records in the register and decisions on these applications. Excluded are documents which are attached to the applications or decisions and which contain business or industrial secrets.
Section 10 1. A licence shall be valid for ten years, a permit for twenty years. The validity of a licence may be extended upon warranted ap- plication for periods of up to five years each, and the validity of a permit for periods of up to ten years each. 2. The size of a field of exploration shall be sufficient to allow for thorough examination
Environmental Policy and Law, 6 (1980) 137
of the field: at the same time it must be judged to be of sufficient size to permit sub- sequent profitable recovery of minerals. The size of a field of recovery shall be sufficient to assure that a permittee is able to carry out, in accordance with his work plan, a profitable recovery of minerals which shall be completed before expiration of his permit. 3. A licence shall require the licenceeto make periodic and reasonable investments for ex-. ploration. In determining the volume of such investments consideration shall be given to the size of the field and the amount of expen- diture presumably required for the subse- quent recovery operations. 4. An application for a permit for a field of exploration or a unit thereof filed by the li- cencee during the validity of the licence shall enjoy prior i ty over all other applications for a permit for the same field. 5. Additional provisions may be imposed in the authorization insofar as this is necessary to safeguard the foreign trade and other pub- lic interests protected by this Act. It shall be permissible to modify authorizations already issued and to impose, modify or supplement at a later date any such additional provisions insofar as the public interest in the protection of the concerns mentioned in the first sentence weighed against the economic interest of the holder of such authorization makes this man- datory.
Section 11 The transfer of an authorization to a third
party requires the approval "of the Federal Minister of Economics. Approval shall be granted provided that requirements under Section 5 are met and the third party accepts the additional provisions supplementing the authorization.
Section 12 1. The holder of a permit shall pay an annual mining fee to the Federal Government for the mineral resources recovered from the field during that year, 2. The fee shall be 0.75 t~r cent of the aver- age market price existing in that particular year for the metals and minerals separated from the mineral resources recovered in their simplest commercial processing form.
Section 13 A trust fund, administered by the Federal
Government shall be established with the fees to be paid pursuant to Section 12, The Fed- eral Government shall be authorized to trans- fer the trust fund to the international seabed authority after entry into force of an interna- tional agreement on deep seabed mining for the Federal Republic of Germany. Up to that time the trust fund shall be used for develop- ment aid purposes.
Section 14 1. The Federal Republic of Germany will recognize applications and authorizations of which it is notif ied by another state provided that this state: (1) regulates deep seabed mining in a way which does not di f fer essentially f rom the provisions of and the regulation promulgated under this Act, and (2) recognizes the applications filed and the authorizations issued under this Act.
Any state found by the Federal Minister of Economics to satisfy the above require- ments shall be considered a reciprocating state for the purposes of this Act.
138
2. Any state meeting the requirement set forth in para. 1 shall be notif ied without delay by the Federal Minister of Economics of the receipt of any application and of any decision relating to an authorization.
Section 15 1. Charges (fees and expenses) shall be levied for official acts undertaken pursuant to the provisions of and the regulations promulgated under this Act. 2. The Federal Minister of Economics shall be authorized to issue regulations defining the chargeable acts and providing for f ixed rates or minimum and maximum rates.
Section 16 The Federal Minister of Economics shall
be authorized to decree through regulations the procedure for implementing this Act, par- t icularly provisions pertaining to the proce- dure for the issuing of authorizations and for the recognition of foreign authorizations and applications, as well as provisions pertaining to the l iabil i ty, calculation, levying, maturity, payment of interest, collection and prescrip- t ion of mining fees due.
Section 17 1. By way of regulations the Federal Minister of Economics may lay down such provisions as are necessary for monitoring development activities to ensure that they are conducted in accordance with the legal provisions. For this purpose he may in particular stipulate a duty to report, and the keeping and preserv- ing of records. 2. The monitoring authori ty shall be the Federal Minister of Economics. By way of regulations he may transfer his monitoring powers to subordinate authorities. 3. The monitoring authorities may demand the information required for the execution of their tasks, shall have recourse to and may examine company records and other docu- ments as well as conduct inspection tours. The persons commissioned by the monitoring authorities may enter business and company premises after business hours, and premises used for accomodation, only i f necessary to avert imminent danger to public security and order; the basic right of the security of the home against search and seizure (Article 13 of the Basic Law) shall accordingly be res- tricted. 4. Any person either directly or indirectly engaging in the exploration for or the recovery of hard mineral resources from the deep sea- bed shall be obligated to provide information on request. 5. Any person thus obligated may refuse to answer those questions which, i f answered, would place him or a member of his family as defined in sub-paras 1 to 3 of para. 1 of §383 of the Code of Civil Procedure in jeopardy of criminal prosecution or proceedings in accor- dance with the Statute on Disorderly Conduct.
Section 18 1. The Federal Minister of Economics may take measures in individual cases required for the safeguarding of interests according to sub- paras 1 and 3 of para. 1 of Section 5 above. If development activity (pursuant to para. 1 of Section 3) is carried out without authoriza- t ion, the Federal Minister of Economics may prohibit continuation of such development. 2. Those Federal Law Enforcement Officers entitled to take immediate coercive measures shall be designated in a regulation promulgated by the Federal Minister of Economics in agree-
ment with the Federal Minister of the Interior, the Federal Minister of Finance and the Fed- eral Minister of Transport. 3. Vis-a-vis vessels under the German flag or of such countries as have contractually recog- nized the monitoring and prosecution powers of the Federal Law Enforcement Officers in connection with this Act, the Federal Law Enforcement Officers shall, when investigat- ing on the high seas any violation of Sections 19 and 20, have the rights an d duties of police, officers according to the Statute on Disorderly Conduct (Gesetz Qber Ordnungswidrigkeiten). They shall to that extent assu me the functions of officials assisting the public prosecutor. 4. Should the implementation of this Act require an inspection on board a seagoing vessel, the owner and person in charge of the vessel are obligated at all times to enable the persons commissioned by the monitoring authorities and the Federal Law Enforcement Officers to board the vessel and take action necessary in exercising their powers. They are obligated to make manpower and aids avail- able, provide information and produce docu- ments as are required for the execution of the monitoring tasks. The basic right of the secu- r i ty of the home against search and seizure (Article 13 of the Basic Law) shall accordingly be restricted.
Section 19 1. The fol lowing acts committed either will- fu l ly or negligently shall be deemed disorderly conduct: (1) the development of hard mineral resources in the deep seabed without authorization ac- cording to para. 1 of Section 3; (2) failure to comply with an enforceable condit ion imposed to para. 5 of Section 10; (3) acts in violation of the regulations pro- mulgated under Section 16 and para. 1 of Section 17 insofar as these regulations refer to this Section. 2. A fine of up to DM 100,000 may be im- posed for failure to comply with sub-paras. 1 and 2 of para. 1 above and a fine of up to DM 10,000 for failure to comply with sub- para. 3 of para. 1 above.
Section 20 1. Any person who commits an act prohibited by sub-paras. 1 or 2 para 1 of Section 19 and who thereby endangers the life, health or property of considerable value of a third party shall be punished by a f ine or imprisonment for a term not exceeding five years. 2. Any person (1) negligently causing a danger or (2) acting negligently and thus causing the danger shall be punished by a f ine or impri- sonment for a term not exceeding two years defined by para. 1. 3. If no particular place o f venue is warranted by an offence against paras 1 or 2 above, Hamburg shall be the place of venue. The District Court (Amtsgericht) responsible shall be the District Court in Hamburg.
Section 21 This Act shall also apply to Land Berlin
according to para. 1 of the Section 13 of the Third Transfer Statute (Drittes Uberleitungs- gesetz). Regulations promulgated under this Act shall apply in Land Berlin according to Section 14 of the Third Transfer Statute (Drittes Uberleitungsgesetz).
Section 22 This Act shall enter into force on the day
