To deep seabed Area resource exploration contractors and related organizations:
Deep seabed Area resource exploration contractors (hereinafter, contractors) hold exclusive exploration rights in their exploration contract areas, and conducting environmental impact assessment is an important measure for fulfilling exploration contract obligations and protecting the marine environment. To standardize the environmental impact assessment work of Chinese contractors and improve its quality, and in accordance with the Law of the People’s Republic of China on Exploration and Development of Resources in Deep Seabed Areas (the Deep Sea Law), the prospecting and exploration regulations issued by the International Seabed Authority, and the Recommendations for the Guidance of Contractors for the Assessment of the Possible Environmental Impacts Arising from Exploration for Marine Minerals in the Area, the following requirements are hereby notified.
1. General requirements
Contractors shall conscientiously apply Xi Jinping Thought on Ecological Civilization, uphold the concept of a community with a shared future for mankind, strictly comply with the Deep Sea Law and the rules and regulations of the International Seabed Authority, and carry out environmental impact assessment work according to scientific, objective and rigorous principles, presenting the good image of a responsible major country.
2. Scope of application
Contractors shall conduct prior environmental impact assessment for the following activities carried out during exploration for resources in deep seabed areas:
(1) using sediment disturbance systems to create artificial disturbance and plumes on the seabed;
(2) testing mining components;
(3) trial mining;
(4) testing discharge systems and equipment;
(5) drilling activities using drillship rigs;
(6) sampling with seabed sledges, excavators, trawls or similar techniques and equipment over an area exceeding 10,000 square meters in an international seabed polymetallic nodule contract area;
(7) extracting large samples for testing of onshore processing, among others.
3. Report preparation
Contractors shall prepare environmental impact assessment reports with reference to the ISA template, including but not limited to the following content: executive summary; introduction; policy, legal and administrative context; description of the proposed activities; description of the existing physicochemical environment and biological environment; assessment of impacts on the physicochemical environment and proposed mitigation measures; assessment of impacts on the biological environment and proposed mitigation measures; accidental events and natural hazards; environmental management, monitoring plans and reporting; stakeholder consultation; glossary and abbreviations; the study team; references; and appendices.
Contractors shall submit the environmental impact assessment report to the ISA Secretary-General at least one year before carrying out the activity, and at the same time file it with the China Deep-sea and Ocean Affairs Administration for the record.
4. Report review
Contractors shall carry out stakeholder consultation before submitting an environmental impact assessment report. The version of the report to be provided for stakeholder consultation shall be submitted to the China Deep-sea and Ocean Affairs Administration for review one month in advance; after revising and improving it in line with the review comments, the contractor shall publish it on its official website for a stakeholder consultation of no less than 30 days.
The contractor shall improve the environmental impact assessment report in line with the stakeholder consultation comments and submit it to the China Deep-sea and Ocean Affairs Administration for review one month before submitting it to the ISA Secretary-General. The Administration will seek the views of the Ministry of Foreign Affairs and other relevant departments and provide its review comments to the contractor.
The contractor shall improve the report in accordance with the review comments, formally submit it to the ISA Secretary-General, and file it with the China Deep-sea and Ocean Affairs Administration for the record.
Contractors shall promptly forward the ISA Secretary-General’s feedback on the environmental impact assessment report to the China Deep-sea and Ocean Affairs Administration.
5. Environmental protection and monitoring
Contractors shall carry out exploration activities strictly in accordance with the work plans set out in their exploration contracts and environmental impact assessment reports, and implement the preventive or mitigation measures proposed in the reports, so as to prevent, reduce and control pollution and other hazards arising from their activities and protect the marine environment.
Contractors shall conduct environmental monitoring during activities as required by the environmental impact assessment report, and analyze and evaluate the environmental impacts produced. Within six months of the end of an activity, the contractor shall submit an environmental impact monitoring report covering the activity period to the China Deep-sea and Ocean Affairs Administration.
Where an activity causes major adverse impacts on the marine environment, the contractor shall report promptly to the China Deep-sea and Ocean Affairs Administration and the ISA Secretary-General, and immediately take measures to mitigate the adverse environmental impacts or halt the activity. Violations will be dealt with in accordance with the Deep Sea Law and relevant provisions.
Contractors shall continue monitoring after the end of an activity in accordance with the environmental monitoring plan and report the monitoring results to the China Deep-sea and Ocean Affairs Administration in a timely manner.
6. Other matters
Where an activity undergoes major changes in type, area, timing or scale, the contractor shall conduct a new or supplementary environmental impact assessment in accordance with the requirements of this notice.
This notice will be updated as appropriate in light of the formulation and amendment of domestic laws and regulations and ISA instruments.
China Deep-sea and Ocean Affairs Administration
July 22, 2024
