What is the precautionary principle?
Precautionary principle in the context of DSM
Obligation to apply the precautionary approach
Precautionary principle in action
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 Higher level of environmental protection through precautionary decision-making in the case of risk
 Where there is a risk of serious or irreversible damage to human health or the environment, precautionary action should be taken irrespective of the lack of absolute certainty with regard to its causes and impact.
 Proceed with caution
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Current riskbased decisionmaking approach
Precautionary approach
How safe is safe?
How much harm can be avoided while still maintaining necessary values?
What level of risk is acceptable?
What are the alternatives to this that achieve the desired goal?
How much harm can the ecosystem assimilate without any obvious adverse effects?
Do we need this activity in the first place?
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Operator
Gov’t
CSO Youth
Private sector
Users
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Factors which trigger the precautionary approach are:
Potential for harm;
Uncertainty about causality and magnitude of impacts.
APPLY PRECAUTIONARY APPROACH
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 High risk: When the risks are uncertain, adopting the precautionary approach provides guidance on the process for avoiding serious or irreversible harm
 Precautionary approach MUST prevail
 In the absence of complete scientific evidence, adopting the precautionary approach allows decision-makers to justify their decisions on the available information
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 Conduct Environmental Impact
Assessments (EIA)
 Employ best environmental practices
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ISA Regulations
“…sponsoring States (as well as the
Authority) shall apply a precautionary approach as reflected in Principle 15 of
the Rio Declaration in order to ensure effective protection for the marine environment from harmful effects which may arise from activities in the Area ”
Nodules Regulations, Reg 31, para 2
Sulphides Regulations, Reg 33, para 2
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Rio Declaration on Environment and Development
Principle 15:
“ In order to protect the environment, the precautionary principle shall be widely applied by
States according to their capabilities, where there are threats of serious or irreversible damage, lack
of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.
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“… the general provisions concerning the responsibilities and liability of the sponsoring State apply equally to all sponsoring States, whether developing or developed.”
ITLOS Advisory Opinion para 158
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 Given the scientific uncertainties and unknowns, decisions to proceed with a
DSM project mining project should consider all reasonable measures
 These measures should reflect both the levels of uncertainty and the probability of harm
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Public consultations
Participatory processes
INFORMED
DECISIONS
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 Application of the precautionary principle may be a decision NOT to embark in
DSM activities if the risks, uncertainty, or anticipated impacts are deemed too serious.
 The Precautionary approach also recognises there are situations where development may proceed despite insufficient information for fully-informed risk assessment.
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 Scientific uncertainty does not necessarily require inaction.
 Precautionary approach informs the method of moving forward, ie preventing incidents of environmental degradation and implementing cost-effective measures
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As information becomes available through cautious and incremental steps, the uncertainties and risks can be reduced as the project develops.
“Learning by doing”
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 Continual approach:
 Robust regulatory approach
 Participatory approach
 Proportionate approach
 Incremental approach
 Environmental management approach
 Other relevant environmental measures
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 Continuous monitoring and assessment before, during and after DSM projects have ceased
 Gather information to inform future decision-making
 Long term action to build capacity over time
 Capacity building initiatives are costeffective measures which States can pursue
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Good governance is essential to State application of the precautionary approach
Robust legislative and licensing regime empowers government to exercise appropriate decision making processes
Enable public participation and a multi-stakeholder approach
Protects the States, marine biodiversity, sea users and local communities
Provides security and clarity to DSM companies/investors
Furthered by establishment of a national body to regulate DSM operations
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Uncertainty that invokes precautionary approach gives rise to the need for participatory approach
Builds awareness and understanding of procedural and substantive DSM issues
Address concerns and protect stakeholder interests
Mitigate any tension amongst stakeholders with competing interests
Early public consultation aids development of appropriate policy and law
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 The Rio Declaration is silent on the extent of the precaution required, other than noting that measures should be cost-effective
 Invoking the precautionary approach should lead to action that is proportionate to the required level of protection, consistent with other users
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 DSM projects should take one step at a time
 Controlled, staged work programs
 Development of staged programs as new information and scientific evidence emerges
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 Prior EIA (environmental impact assessment)
 On-going environmental monitoring
 Establishing a robust EMP
(environmental management plan)
 Impose clear requirements on DSM operators for comprehensive baseline research and regular data collection, to enable effective observation and analysis of the impacts of DSM activity
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Establish marine protected areas
Comprehensive baseline research requirements in the explorative/mining license
The use around mining sites of un-mined buffer zones and control zones
Strategic environmental assessment by governments for their entire marine areas
Regular reporting of data on environmental impacts
Paradigm shift from a single sector approach to an ‘ecosystem approach’
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