Key agencies involved in the Seabed Minerals Sector

While the management and regulation of future seabed mineral activities (which will include exploration (research) and subsequent recovery operations) will involve a multi-disciplined and therefore multi-agency approach, the lead Crown agency is the Seabed Minerals Authority (Authority), headed by the Seabed Minerals Commissioner.

Exploration and mining licences will be granted by the responsible Minister (on the recommendation of an independent licensing panel), and the terms of any licence approved by the Cabinet.

The day-to-day management and regulation of the licences and licence holders remains the role of the Authority under the leadership of the Commissioner. This is an important aspect in the governance of seabed mineral activities i.e. the Authority is an independent regulator, accountable to but independent from government and political interference.

The relationship between the Authority and some agencies listed below will be governed by appropriate memoranda of understanding. While the relevant law provides the outline of agency duties and responsibilities, the practical implementation of those duties will be put into effect through MOUs. This will avoid any ambiguities in roles and functioning to ensure an efficient and effective regulatory process.

Below is an overview of the agencies involved / who will contribute to the seabed minerals sector. They make up the Seabed Minerals Working Group.

Seabed Minerals Authority

The independent regulator of seabed mineral activities in the Cook Islands waters
Processes applications for licenses (due diligence)
Co-ordinate activities of independent Licensing Panel and Advisory Committee
Lead and coordinate activities of the SBM Working Group
Regulate (compliance and enforcement) on-going activities under an exploration or mining license
Responsible regulator for sponsored seabed mineral activities in the international seabed area
Capacity development and training

national environment service

Responsible for assessment and review of environmental matters relating to seabed mineral activities, including applications for environmental consents and permits, and ongoing monitoring
In conjunction with the Authority, have regulatory oversight of and ensure compliance with environmental management aspects of licensees and their operations, including compliance with conditions attached to an environmental consent or permit

national environment council

Permitting authority for environmental aspects of seabed mineral activities
Will grant environmental consents or project permits (depending on nature and scale of seabed mineral activity)

ministry of finance & economic management

Administration and management of tax policy and legal aspects of seabed mineral activities
Collection of royalties, income taxes etc. from mining operations at a future date
Responsible for setting up a sovereign wealth fund to manage future wealth generation from seabed harvesting activities

Marae moana council and technical advisory group

Mandate under the Marae Moana Act 2017 to foster sustainable use of the Marae Moana
As an activity in the CI EEZ, seabed minerals will fall under the mandate of the MMA 2017 and be subject to marine spatial planning and zoning initiatives in the Marae Moana

ministry of transport

Mandated to manage / regulate / investigate incidents (collisions, marine pollution) relating to vessels in CI waters
Outside of normal ship operations (e.g. pollution or discharges relating directly to exploration or mining activities) the Authority is lead regulator
MOT will assist the Authority in developing / implementing contingency plans and investigation of incidents

ministry of marine resources

General mandate for seabed mineral-related activities under Marine Resources Act.
Provide guidance and technical support to the Authority given activities and experience in the marine space

MINISTRY OF FOREIGN AFFAIRS & IMMIGRATION

Communication and liaison with other governments / international fora on seabed mineral activities in CI EEZ
Leveraging contacts for technical and other assistance

COOK ISLANDS INVESTMENT CORPORATION

Holds contract with International Seabed Authority for exploration in the international seabed area
JV partner of Global Sea Mineral Resources (technology developer and provider)