The Application of the Precautionary and Adaptive Management Approaches in the Seabed Mining Context: Trans-Tasman Resources Ltd Marine Consent Decision under New Zealand’s Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012IntroductionThis note analyses a recent path-breaking decision by the Decision-making Committee (dmc) of the Environmental Protection Authority (epa) of New Zealand. In the Trans-Tasman Resources Ltd Marine Consent Decision (June 2014),1 the dmc considered the country’s first application for ‘marine consent’ for continental shelf seabed mining under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (eez Act).2 The eez Act came into force on 28 June 2013 and set up a legislative framework to regulate and manage the environmental effects of activities in the exclusive economic zone and on the continental shelf, which were not previously managed.In the instant case, the dmc refused to grant a marine consent because it decided that the consent application was ‘premature’.3 The decision has attracted considerable attention4 as it comes against the backdrop of the worldwide resurgence of interest in deep seabed mining.5 Of the 4,702 public submissions made to the epa in respect of the Trans-Tasman Resources application, 4,680 opposed the application.6 For those against the idea
The International Journal of Marine and Coastal Law – Brill
Published: Feb 19, 2015
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