South Africa’s regulation of mineral mining activities in the area: lessons from the United Kingdom
- Authors: Karomo, Adelaide Aquiline
- Date: 2024-04
- Subjects: Mineral mining activities , Mining law , Deep Sea mining Act
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64411 , vital:73700
- Description: As they anticipate the benefits associated with mining polymetallic nodules, polymetallic sulphides and ferromanganese crusts, several States are currently exploring or sponsoring State-owned enterprises and private persons to explore for these mineral resources in the seabed, ocean floor and subsoil beyond national jurisdiction (the Area). However, Africa remains the only region that is not actively participating. To guide South Africa in developing a deep seabed mining regime the thesis begins by identifying the international law regulating the Area and the activities therein. Since the mineral resources in the Area have been declared the common heritage of mankind, this principle as regulated by Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), and modified by the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 forms an essential component of this study. As such, the thesis determines, amongst others, the requirements for participating in mining activities in the Area (as set out in Part XI of UNCLOS) and establishes that developing a legislative framework is crucial to exempt UNCLOS States parties from liability associated with the damage caused by sponsored activities. Based on the obligations in international law, the thesis zooms in on three aspects concerning the regulation of the activities in the Area: (i) mining concessions, (ii) the relevant payment system, and (iii) environmental protection measures. In terms of these aspects, how the United Kingdom’s deep seabed mining regime regulates activities in the Area is examined. For this assessment, the thesis pays particular attention to the Deep Sea Mining Act and the domestic licences granted to UK Seabed Resources Ltd (UKSRL). In identifying lessons for South Africa, the thesis assesses the extent to which the United Kingdom’s regime complies with the international law framework and highlights the inconsistencies and legislative gaps. Thereafter, the thesis examines the South African legislative instruments regulating mining activities at sea, such as the Mineral and Petroleum Resources Development Act and the National Environmental Management Act, to determine whether their scope should be amended to regulate mining activities in the Area. As per the observations from international law and the lessons learnt from the United Kingdom's regulatory framework, the thesis argues that South Africa’s current mining framework should not be amended; separate deep seabed mining-specific legislation must be adopted. The thesis concludes by setting out the recommendations for developing such legislation. , Thesis (LLD) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-04
- Authors: Karomo, Adelaide Aquiline
- Date: 2024-04
- Subjects: Mineral mining activities , Mining law , Deep Sea mining Act
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64411 , vital:73700
- Description: As they anticipate the benefits associated with mining polymetallic nodules, polymetallic sulphides and ferromanganese crusts, several States are currently exploring or sponsoring State-owned enterprises and private persons to explore for these mineral resources in the seabed, ocean floor and subsoil beyond national jurisdiction (the Area). However, Africa remains the only region that is not actively participating. To guide South Africa in developing a deep seabed mining regime the thesis begins by identifying the international law regulating the Area and the activities therein. Since the mineral resources in the Area have been declared the common heritage of mankind, this principle as regulated by Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), and modified by the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 forms an essential component of this study. As such, the thesis determines, amongst others, the requirements for participating in mining activities in the Area (as set out in Part XI of UNCLOS) and establishes that developing a legislative framework is crucial to exempt UNCLOS States parties from liability associated with the damage caused by sponsored activities. Based on the obligations in international law, the thesis zooms in on three aspects concerning the regulation of the activities in the Area: (i) mining concessions, (ii) the relevant payment system, and (iii) environmental protection measures. In terms of these aspects, how the United Kingdom’s deep seabed mining regime regulates activities in the Area is examined. For this assessment, the thesis pays particular attention to the Deep Sea Mining Act and the domestic licences granted to UK Seabed Resources Ltd (UKSRL). In identifying lessons for South Africa, the thesis assesses the extent to which the United Kingdom’s regime complies with the international law framework and highlights the inconsistencies and legislative gaps. Thereafter, the thesis examines the South African legislative instruments regulating mining activities at sea, such as the Mineral and Petroleum Resources Development Act and the National Environmental Management Act, to determine whether their scope should be amended to regulate mining activities in the Area. As per the observations from international law and the lessons learnt from the United Kingdom's regulatory framework, the thesis argues that South Africa’s current mining framework should not be amended; separate deep seabed mining-specific legislation must be adopted. The thesis concludes by setting out the recommendations for developing such legislation. , Thesis (LLD) -- Faculty of Law, 2024
- Full Text:
- Date Issued: 2024-04
Noise pollution at sea
- Authors: Karomo, Adelaide Aquiline
- Date: 2020
- Subjects: Marine pollution
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/48091 , vital:40470
- Description: Marine species heavily rely on sound to perform day to day functions and, since the advent of industrialisation, anthropogenic noise in the marine environment has been on the increase and is expected to increase further as countries continue to develop. The impacts of anthropogenic noise on marine species have been deeply scrutinised especially by the international community and it has been established that this humaninduced noise at sea must be reduced to conserve marine biodiversity. A background of the major contributors to anthropogenic noise is discussed, as well as the international instruments regulating them. For instance the 1982 United Nations Convention on the Law of the Sea (hereinafter referred to as “the UNCLOS”),1 is discussed because it is the primary instrument regulating activities at sea and the protection of the marine environment and the species therein. South Africa has ratified the UNCLOS and is under a legal obligation to comply with its provisions by implementing them into domestic rules and regulations. Furthermore, the applicable global and regional instruments dealing with marine environmental protection from anthropogenic noise are weighed against the national South African legislation and this assessment serves the purpose of ascertaining the extent to which South Africa has complied with its international law obligation. The dissertation goes a step further by identifying and assessing the efforts made by foreign jurisdictions, specifically Australia, Greenland, the United Kingdom and the United States of America. This determination is meant to determine whether there are lessons South Africa can learn, if any, from these jurisdictions in order to improve its current marine environmental protection legislation in fulfilment of international law. The dissertation also shows that there is need to improve the South African environmental protection legislation by taking into account some of the developments made by international organisations, such as the International Maritime Organisation (hereinafter referred to as “the IMO”) and by foreign jurisdictions. These improvements to South African legislation would comprise of adopting activity-specific regulations, such as the IMO’s guidelines on minimising noise emitted by commercial shipping vessels and the United Kingdom’s Joint Nature Conservation Committee (hereinafter referred to as the “JNCC”) guidelines on seismic surveys. The regulations adopted by the international community are especially essential to fill the gap as far as the South African regulation of noise emitted by offshore renewable energy processes and naval operations are concerned.
- Full Text:
- Date Issued: 2020
- Authors: Karomo, Adelaide Aquiline
- Date: 2020
- Subjects: Marine pollution
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: http://hdl.handle.net/10948/48091 , vital:40470
- Description: Marine species heavily rely on sound to perform day to day functions and, since the advent of industrialisation, anthropogenic noise in the marine environment has been on the increase and is expected to increase further as countries continue to develop. The impacts of anthropogenic noise on marine species have been deeply scrutinised especially by the international community and it has been established that this humaninduced noise at sea must be reduced to conserve marine biodiversity. A background of the major contributors to anthropogenic noise is discussed, as well as the international instruments regulating them. For instance the 1982 United Nations Convention on the Law of the Sea (hereinafter referred to as “the UNCLOS”),1 is discussed because it is the primary instrument regulating activities at sea and the protection of the marine environment and the species therein. South Africa has ratified the UNCLOS and is under a legal obligation to comply with its provisions by implementing them into domestic rules and regulations. Furthermore, the applicable global and regional instruments dealing with marine environmental protection from anthropogenic noise are weighed against the national South African legislation and this assessment serves the purpose of ascertaining the extent to which South Africa has complied with its international law obligation. The dissertation goes a step further by identifying and assessing the efforts made by foreign jurisdictions, specifically Australia, Greenland, the United Kingdom and the United States of America. This determination is meant to determine whether there are lessons South Africa can learn, if any, from these jurisdictions in order to improve its current marine environmental protection legislation in fulfilment of international law. The dissertation also shows that there is need to improve the South African environmental protection legislation by taking into account some of the developments made by international organisations, such as the International Maritime Organisation (hereinafter referred to as “the IMO”) and by foreign jurisdictions. These improvements to South African legislation would comprise of adopting activity-specific regulations, such as the IMO’s guidelines on minimising noise emitted by commercial shipping vessels and the United Kingdom’s Joint Nature Conservation Committee (hereinafter referred to as the “JNCC”) guidelines on seismic surveys. The regulations adopted by the international community are especially essential to fill the gap as far as the South African regulation of noise emitted by offshore renewable energy processes and naval operations are concerned.
- Full Text:
- Date Issued: 2020
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