App. D— Ocean Mining Laws of Other Countries • 309 



of New South Wedes. Production licenses have also been 

 issued for dredging limestone off the Queensland and 

 Western Australian coasts. Permit applications have 

 been received for areas off the Western Australia and 

 Northern Territory coasts for which the minerals have 

 not been specified. 



Public sector involvement in exploration and exploi- 

 tation is not expected. ^^ 



Canada 



Laws 



• Canada claims a 12 -mile territorial sea. 



• Continental shelf: Legislation was passed in June, 

 1969, as the Oil and Gas Production and Conser- 

 vation Act. 



• Canada has not declared an EEZ, but it does have 

 a 200-mile fisheries zone.^* 



• Currently, regulations for offshore mining could 

 be promulgated under the Public Lands Grants 

 Acts (The Ministry of Energy, Mines, and Re- 

 sources has jurisdiction south of 60°; the Ministry 

 of Indian and Northern Affairs has jurisdiction 

 north of 60°). However, the Ministry of Energy, 

 Mines, and Resources is in the process of drafting 

 legislation which would be specifically applicable 

 to offshore mining of hard minerals; the objective 

 is to develop an "adequate basis in law" for ocean 

 mining. The law will address administration and 

 management, disposition of mineral rights, royal- 

 ties, and environment and fisheries. Plans call for 

 the legislation to be written by the end of 1987; the 

 Cabinet will make the final decision as to whether 

 the new legislation should be introduced in Parlia- 

 ment. The recent Mineral and Metals Policy of 

 Canada officially announced the Government's in- 

 tent to establish a legal and regulatory regime to 

 maximize benefits from offshore mining. It seeks 

 to develop "a simple, uniform, cooperative manage- 

 ment system for mining development activities across 

 all areas of the Canadian Continental Shelf. "^^ 



Jurisdiction 



The Canadians hope to formulate a regulatory 

 scheme that can be applied regardless of who has juris- 

 diction over mining activities. However, the desired 

 mechanism is one of cooperation with the provinces. 



The Canadians take a "single window approach" to 

 regulation, allowing companies to apply to a single gov- 



"Law of the Sea Bulletin, 1983, op. cit., p. 11. 

 '*The Territorial Sea and Fishing Zones Act, as amended, 1979. 

 ^^The Mineral and Metals Policy of the Government of Canada, Depart- 

 ment of Energy, Mines, and Resources, May 1987, p. 8. 



ernment agency for exploration and/or exploitation per- 

 mits. The rationale for this approach is that a simpler, 

 stream-lined permitting process will encourage indus- 

 try activity. 



Permit Process 



• Exploration: Companies must submit a proposal 

 to the appropriate agency. This agency in turn fol- 

 lows the environmental assessment and review 

 process which allows the contact agency to com- 

 municate with the Departments of Environment, 

 Fisheries and Oceans, and Transport for project 

 approval. However, the contact agency has final 

 authority to approve or disapprove the project. 

 This approach reflects the Canadian desire to treat 

 environmental concerns as mandatory concerns 

 and of equal importance with economic develop- 

 ment. Thus, potential negative effects on the envi- 

 ronment are reviewed at an early stage of project 

 planning. 



Conditions 



Environmental conditions are considered through the 

 Environmental Assessment and Review Process. 



The government sees itself as "facilitator" of en- 

 trepreneurial interests. As facilitator, it has two main 

 functions: 1) to eliminate structural barriers, i.e. by cre- 

 ating a regulatory scheme (since the lack of one is seen 

 as a barrier to activity), and 2) to provide fundamental 

 information about ocean mining. 



Activities 



Currently, mining activity is "on hold." The gov- 

 ernment will not prevent anyone from exploring, but 

 is not issuing any mining permits. However, the gov- 

 ernment is suggesting companies submit mining appli- 

 cations, to protect any "first in line" advantage when 

 applications are processed. In the past, sand and gravel 

 were mined in the Beaufort Sea to construct oO drilling 

 platforms. Permits issued for this activity were subject 

 to requirements equivalent to obtaining land use 

 permits. 



France 



Laws 



• France claims a 12-mile territorial sea.^^ 



• France declared its rights over the continental shelf 



on December 30, 1968." 



■«Law of the Sea Bulletin, 1983, op. cit., p. 31. 

 ■'Continental Shelf Law, Dec. 30, 1968 (no. 68-1181). 



I 



