318 • Marine Minerals: Exploring Our New Ocean Frontier 



mining licenses are grcinted separately, so legally, the 

 right to prospect is not tied to the right to mine. Logi- 

 cally, however, a company which has invested in pros- 

 pecting is likely to obtain a mining license. Furthermore, 

 since the government is often a partner in prospecting 

 operations, exploitation rights follow naturally. Licenses 

 do not grant exclusive rights; however, not enough 

 activity has taken place to make this a controversial is- 

 sue. '^ [Details regarding duration, size, and fees are 

 unknown.] 



Royalties must be paid to the Crown by the opera- 

 tor. Rates are specified in the license. No mining license 

 has been issued, so no basis for assessing royalties has 

 been established.'" 



Conditions 



Any mining activities must disturb the marine envi- 

 rorunent and life as litde as "reasonably possible," must 

 not interfere with the rights of commercial fishermen, 

 must comply with safety provisions of the 1971 Mining 

 Act and 1979 Coal Mines Act. 



Activities must not violate any of the restrictive reg- 

 ulations set forth by the Governor-General, concerning 

 navigation, fishing, conservation of living resources, na- 

 tional defense, oceanographic research, submarine ca- 

 bles, or pipelines. "Unjustifiable interference" with any 

 of these activities is defmed at the Governor-General's 

 discretion.'' However, in practice, the details of regu- 

 lations are specified in Parliamentary committees, in 

 consultation with representatives from appropriate gov- 

 ernment branches (i.e., the Ministry of the Environ- 

 ment).'^ 



The Inspector of Mines, in consultation with the Min- 

 istry of Transport, Marine Division, and Ministry of 

 Agriculture and Fisheries arbitrates conflicts between 

 miners and commercial fishermen." 



Activities 



One license has been issued for the prospecting of 

 phosphorite nodules.'* 



"Ibid. 

 '»Ibid. 



"New Zealand Continental Shelf Act, Section 8. 



''P. Helm, op. cit. 



"Ibid. 



"Ibid. 



