To address potential concerns and further strengthen the protection of the Cook Islands’ interests, I have emailed the Seabed Minerals Authority (SBMA) the following additions or amendments to the draft seabed mining regulations.

It was past the cut-off date, so I am putting it here for further public discussion.

1. Strengthen Environmental Protections

• Cumulative Environmental Impact Assessments (EIAs): Require that cumulative environmental impact assessments be conducted for all seabed mining projects, not just project-specific EIAs. This would account for the broader, long-term impact of multiple mining projects on marine ecosystems.
• Precautionary Principle: Explicitly incorporate the precautionary principle into the legislation, ensuring that if scientific uncertainty exists about potential harm to the environment, activities should be postponed or halted until more information is available.
• Biodiversity Offsets: Include provisions for biodiversity offsets, requiring mining companies to offset any environmental damage by investing in marine conservation or restoration projects elsewhere in the Cook Islands’ Exclusive Economic Zone (EEZ).

2. Enhanced Monitoring and Enforcement

• Independent Environmental Oversight: Establish a third-party, independent environmental monitoring body with representatives from both local communities and environmental experts. This body should have the power to halt operations if there are breaches of environmental safeguards.
• Real-Time Environmental Monitoring: Require real-time environmental monitoring data from all mining operations to be publicly available and accessible online. This would allow local stakeholders, NGOs, and the public to actively monitor environmental impacts.
• Stricter Penalties for Non-Compliance: Increase fines and penalties for non-compliance with environmental regulations. For example, non-compliance with environmental management plans could result in penalties that escalate over time and may include temporary suspension of operations.

3. Increased Community Involvement

• Mandatory Indigenous Consultation: Introduce a clause that mandates direct consultation with indigenous Cook Islands communities and requires free, prior, and informed consent (FPIC) for mining activities that impact traditional marine territories or cultural sites.
• Benefit Sharing with Local Communities: Ensure revenue-sharing mechanisms are in place where a portion of the profits from mining operations are reinvested into local communities for infrastructure, education, or environmental conservation projects. This could be stipulated in the Local Engagement, Training, and Business Development Plan (Schedule 6).
• Traditional Knowledge Integration: Incorporate traditional ecological knowledge (TEK) from local and indigenous communities into the environmental assessment and decision-making process. This would ensure that local wisdom is valued in protecting marine ecosystems.

4. Economic and Social Safeguards

• Local Employment Quotas: Add clauses to ensure that local employment quotas are part of all mining projects, mandating that a significant portion of the workforce must be from Cook Islands’ communities and ensuring fair wages and working conditions.
• Transparency in Revenue Reporting: Ensure full transparency in revenue reporting and financial transactions, possibly using mechanisms such as the Extractive Industries Transparency Initiative (EITI) to ensure that the Cook Islands Government and the public can track where revenues from mining are being allocated at any time.

5. Align with International Commitments

• Compliance with International Marine Agreements: Ensure that the regulations are explicitly aligned with international marine conservation agreements like the Convention on Biological Diversity (CBD) and the United Nations Convention on the Law of the Sea (UNCLOS). Provisions should require mining companies to meet or exceed these international standards.
• Climate Change Mitigation: Given the potential climate impacts, add clauses ensuring that seabed mining operations do not contribute to climate change and are aligned with the Paris Agreement commitments, including carbon offsetting mechanisms or the use of green technology.

6. Social and Cultural Impact Assessments

• Cultural Impact Assessment (CIA): Introduce a mandatory Cultural Impact Assessment for any mining activity, ensuring that cultural sites, practices, and traditions of the Cook Islands people are safeguarded and respected throughout the mining process.
• Sociological Impact Assessments: Expand the scope of assessments to include sociological impacts on local communities, focusing on how mining might affect housing, health, livelihoods, and social structures.

7. Clear Mechanism for Grievance Redress

• Grievance Redress Mechanism: Establish a grievance redress mechanism for local communities and stakeholders to file complaints or concerns about mining activities. This could potentially include an ombudsman or independent body that investigates and mediates disputes between the community and mining companies.

8. Disaster and Risk Management

• Disaster Preparedness Plan: Require a comprehensive disaster preparedness and response plan to mitigate risks like oil spills, equipment failures, or natural disasters, ensuring that Cook Islands’ authorities and communities are prepared for potential emergencies related to seabed mining.

The Marae Moana Act 2017, does not prohibit commercial activity in our Ocean, in fact it allows for pockets of commercial activity amidst what we also protect. It is this fine balance we as a people have always navigated, and why legislation needs to be engaged and robust as well as regulations to protect our interests. To ensure the Moana is a resource for our children and children’s children – that is what it also means to being a good ancestor.