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Seabed Mining in the Northern Territory November 2012

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Seabed Mining in the Northern Territory November 2012 Interim Report: Seabed Mining in the Northern Territory November 2012 www.epa.nt.gov.au 1 Table of Contents List of Figures ................................................................................................................... 3 List of Appendices ........................................................................................................... 4 Glossary of Abbreviated Terms .................................................................................... 5 Executive Summary ......................................................................................................... 6 Introduction ....................................................................................................................... 10 Review Background ..................................................................................................... 10 Review Progress........................................................................................................... 12 Project Plan ............................................................................................................... 12 Terms of Reference .................................................................................................. 12 Activities ..................................................................................................................... 12 Desktop Analysis .............................................................................................................. 14 Definition and History of Seabed Mining .................................................................... 14 Seabed Mining – Definition ...................................................................................... 14 Geological Regions .................................................................................................. 14 Origin and Development of Seabed Minerals ........................................................ 15 Seabed Mining Exploration and Production to Date ............................................. 17 Seabed Mining – Northern Territory Context ......................................................... 22 Environmental Issues ................................................................................................... 25 Environmental Impacts Identified to Date............................................................... 25 Considerations for Environmental Impact Assessments ...................................... 29 Examples of Mitigation Methods ............................................................................. 35 Case Studies: Seabed Mining and Dredging ......................................................... 36 Northern Territory Marine Environment .................................................................. 40 Regulatory and Legal Issues ....................................................................................... 41 International Framework under UNCLOS .............................................................. 41 Industry Codes of Practice ....................................................................................... 45 Other Nations ............................................................................................................ 47 Australian Jurisdictions and the Northern Territory ............................................... 54 Recommendations ........................................................................................................... 60 References ........................................................................................................................ 63 Appendices ....................................................................................................................... 72 2 List of Figures Figure 1: Basic representation of the different types of seabed minerals ............... 16 Figure 2: Australian Offshore Mineral Locations Map (Geoscience Australia 2012a) ..................................................................................................... 19 Figure 3: Mineral titles within NT waters ................................................................. 23 Figure 4: Targeted exploration areas in the western Gulf of Carpentaria, including around Groote Eylandt ............................................................. 24 Figure 5: Curves reflecting maximum known rates of recovery following mining/dredging disturbance in marine and coastal areas ...................... 28 Figure 6: Marine Jurisdiction Established Under UNCLOS .................................... 42 3 List of Appendices Appendix 1: Northern Territory Government Policy Document, 6/3/12 ................. 73 Appendix 2: EPA Seabed Mining Project Plan ...................................................... 80 Appendix 3: Activity Reports ................................................................................. 89 Appendix 4: IUCN Motion ..................................................................................... 96 Appendix 5: General Contacts List...................................................................... 100 Appendix 6: IUCN Conference Contacts ............................................................. 102 Appendix 7: Overview of Seabed Minerals and their Geological Settings ........... 109 Appendix 8: National and International Examples of Seabed Mining .................. 111 Appendix 9: Summary of Mineral Titles over NT and Commonwealth Waters .... 117 Appendix 10: Article that appeared in Galiwin'kupuy Dhäwu, November 2011 ..... 118 Appendix 11: Summary of Recovery Rates for Marine and Coastal Areas Disturbed by a Range of Activities, at Different Depths................... 119 Appendix 12: Preliminary Collection of Marine Environment References for NT Coastal and Adjacent Commonwealth Waters ................................ 121 Appendix 13: Anindilyakwa Indigenous Protected Area Land and Sea Management Plan ................................................................................................. 132 Appendix 14: IMMS Code for Environmental Management of Marine Mining ....... 133 4 Glossary of Abbreviated Terms AAPA – Aboriginal Areas Protection Authority CSIRO – Commonwealth Scientific and Industrial Research Organisation DEWHA – Department of the Environment, Water, Heritage and the Arts EEZ – Exclusive Economic Zone EIA – Environmental Impact Assessment EIAR – Environmental Impact Assessment Report EIS – Environmental Impact Statement EMP – Environmental Management Plan EPA – Environment Protection Authority EU – European Union IMMS – International Marine Minerals Society ISA – International Seabed Authority IUCN – International Union for Conservation of Nature and Natural Resources (The World Conservation Union) NIWAR – National Institute of Water and Atmospheric Research Ltd RLRF – Regional Legislative and Regulatory Framework for Deep Sea Minerals Exploration and Exploitation in the Pacific SMS – Seafloor Massive Sulphides SOPAC – Secretariat of the Pacific Community’s Applied Geoscience and Technology Division SPC – Secretariat of the Pacific Community The Area – The International Seabed Area, beyond national jurisdiction UNCLOS – United Nations Convention on the Law of the Sea 5 Executive Summary In May 2012, the Environment Protection Authority (EPA) was requested by the then Minister for Natural Resources, Environment and Heritage to undertake a comprehensive assessment of seabed mining pursuant to section 5B of the Environment Protection Authority Act. The EPA was asked to address the actual or potential impacts of seabed mining activities on the Northern Territory (NT) environment and other resource industries, and methods for managing the impacts. This referral followed the introduction, on 6 March 2012, of a moratorium on seabed mining for a period of three years. The moratorium precludes, within NT coastal waters, the granting of titles permitting exploration for minerals or mining and the issuing of authorisations permitting mining activities. Work on the EPA’s review of seabed mining commenced immediately. Subsequently, in August 2012 the newly elected NT Government announced that the present EPA would be replaced by a new NT EPA. This report has been produced by the present EPA to inform future government decision-making and action on seabed mining. It summarises our current knowledge of seabed mining, associated impacts and management options, and includes recommendations for further work. Overall recommendation Although the EPA’s seabed mining review is incomplete, the preliminary analysis of relevant environmental and regulatory issues has produced useful findings. To date, there has been limited research into social, cultural and economic matters, but these will be important considerations in the development of NT-relevant management and regulatory frameworks. It is recommended the seabed mining review be continued, given the: • novel and technically innovative nature of seabed mining; • limited seabed mining knowledge and experience presently available within the NT and nationally; • many unknown problems likely to be encountered in securing sound environmental management and effective impact mitigation strategies; • increasing public expectations that new developments will be both economically and environmentally sustainable; • importance of identifying methods and processes for adequate protection of cultural heritage values; • benefits and certainty that specific policies and regulatory frameworks will provide for government, industry and
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