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A

BILL

TO

Make provision about deep sea mining; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Amendments of Deep Sea Mining (Temporary Provisions) Act 1981

(1) The Deep Sea Mining (Temporary Provisions) Act 1981 has effect subject to the
amendments in the Schedule (which include amendments giving effect to
obligations of the United Kingdom under Part XI of the United Nations
5Convention on the Law of the Sea).

(2) The Deep Sea Mining (Temporary Provisions) Act 1981 may be cited as the
Deep Sea Mining Act 1981.

2 Extent, commencement and short title

(1) This Act extends to England and Wales and Northern Ireland.

(2) 10Section 18(6) of the Deep Sea Mining (Temporary Provisions) Act 1981 (power
to extend provisions of that Act to the Channel Islands, the Isle of Man or any
British overseas territory) applies to the provisions of this Act amending that
Act.

(3) This Act comes into force at the end of the period of 2 months beginning with
15the day on which it is passed.

(4) This Act may be cited as the Deep Sea Mining Act 2013.

Deep Sea Mining BillPage 2

Section 1

Schedule Amendments of Deep Sea Mining (Temporary Provisions) Act 1981

1 The Deep Sea Mining (Temporary Provisions) Act 1981 is amended as
follows.

2 (1) 5Section 1 (prohibition of unlicensed deep sea mining) is amended as follows.

(2) For subsections (1) and (2) substitute—

(1) A person to whom this section applies (“P”) may not explore for
mineral resources of any description in any area of the deep sea bed
unless—

(a) 10P holds an exploration licence (see section 2) which is in force
or is the agent or employee of the holder of such a licence
(acting in that capacity), and

(b) the licence relates to mineral resources of that description and
to that area of the deep sea bed.

(2) 15A person to whom this section applies (“P”) may not exploit mineral
resources of any description in any area of the deep sea bed unless—

(a) P holds an exploitation licence (see section 2) which is in force
or is the agent or employee of the holder of such a licence
(acting in that capacity), and

(b) 20the licence relates to mineral resources of that description and
to that area of the deep sea bed.

(2A) Subsections (1) and (2) are subject to section 3B.

(3) In subsection (6) for the definitions of “deep sea bed” and “hard mineral
resources” substitute—

(4) 30In subsection (7) for the words from “sovereign rights” to “other Sovereign
Power” substitute “an area of the sea bed is beyond the limits of national
jurisdiction of the United Kingdom or any other State”.

3 (1) Section 2 (exploration and exploitation licences) is amended as follows.

(2) For subsection (1) substitute—

(1) 35In this Act—

(3) In subsection (2) omit—

(a) the words “subsection (4) and”, and

(b) 20the words from “; and in determining” onwards.

(4) For subsection (3) substitute—

(3) An exploration or exploitation licence—

(a) may be granted for such period as the Secretary of State
thinks fit, and

(b) 25must not come into force before the date on which a
corresponding contract comes into force.

(3A) An exploration or exploitation licence may contain such terms and
conditions as the Secretary of State thinks fit including, in particular,
terms and conditions—

(a) 30relating to the safety, health or welfare of persons employed
in the licensed operations or in the ancillary operations;

(b) relating to the processing or other treatment of any mineral
resources extracted in pursuance of the licence which is
carried out by or on behalf of the licensee on any ship;

(c) 35relating to the disposal of any waste material resulting from
such processing or other treatment;

(d) requiring plans, returns, accounts or other records with
respect to any matter connected with the licensed mineral
resource and the licensed area or licensed operations or
40ancillary operations, to be provided to the Secretary of State;

(e) requiring samples of the licensed mineral resource
discovered in or extracted from the licensed area, or assays of
such samples, to be provided to the Secretary of State;

(f) requiring any exploration for or exploitation of the licensed
45mineral resource in the licensed area to be diligently carried
out;

(g) requiring the licensee to comply with such provisions of the
Convention and the Agreement, interpreted in accordance
with Article 2 of the Agreement, as are applicable to
50contractors;

Deep Sea Mining BillPage 4

(h) requiring compliance with any other rules, regulations and
procedures issued or adopted by the Authority, as are
applicable to contractors;

(i) requiring compliance with a corresponding contract;

(j) 5requiring compliance with any plan of work authorised by a
corresponding contract;

(k) requiring payment to the Secretary of State of such sums as may
with the consent of the Treasury be prescribed at such times as may
be prescribed
; and

(l) 10permitting the transfer of the licence in prescribed cases or
with the written consent of the Secretary of State.

(5) Omit subsection (4).

(6) For subsection (5) substitute—

(5) Where the Secretary of State has granted an exploration licence, the
15Secretary of State may not grant an exploitation licence which relates
to any part of the licensed area in relation to the exploration licence
and to any of the mineral resources to which that licence relates
unless the exploitation licence is granted—

(a) to the holder of the exploration licence, or

(b) 20with that person’s written consent.

4 For section 3 substitute—

3A Contracts granted by the Authority

(1) The Secretary of State may not grant an exploration or exploitation
licence which relates to—

(a) 25any area of the deep sea bed in respect of which a contract
granted by the Authority is in force, and

(b) any description of mineral resources to which the contract
relates.

(a)(a)any area of the deep sea bed in respect of which a contract
30granted by the Authority is in force, and

(b) any description of mineral resources to which the contract
relates.

(2) Subsection (1) does not apply where the contract is a corresponding
contract in relation to a licence previously granted by the Secretary
35of State.

(3) For the purposes of any proceedings a contract granted by the
Authority may be proved by the production of a copy of the contract
certified to be a true copy by an official of the Authority; and any
document purporting to be such a copy is to be received in evidence
40and is to be deemed to be such a contract unless the contrary is
proved.

3B Exemptions from prohibition in section 1

(1) A person to whom section 1 applies (“P”) is not prohibited by that
section from prospecting for mineral resources in any area of the
45deep sea bed if P does so in accordance with the terms of a
notification of prospecting—

(a) given by P to the Authority under the Convention, and

(b) recorded by the Authority as complying with the
requirements of the Convention.

Deep Sea Mining BillPage 5

(2) Where a person to whom section 1 applies holds a contract for
exploration granted by the Authority or is the agent or employee of
the holder of such a contract (acting in that capacity), that person is
not prohibited by that section from exploring for any of the
5description of mineral resources to which the contract relates in any
area of the deep sea bed in respect of which the contract is in force.

(3) Where a person to whom section 1 applies holds a contract for
exploitation granted by the Authority or is the agent or employee of
the holder of such a contract (acting in that capacity), that person is
10not prohibited by that section from exploiting any of the description
of mineral resources to which the contract relates in any area of the
deep sea bed in respect of which the contract is in force.

5 In section 4 (prevention of interference with licensed operations), in
subsection (1), for the words from “pursuance” onwards substitute
15“pursuance of—

(a) a contract granted by the Authority; or

(b) an exploration or exploitation licence.

6 In section 5 (protection of the marine environment), in subsection (2) for
“section 2(3)” substitute “section 2(3A)”.

7 20In section 8 (foreign discriminatory action) in subsection (2) for “section 2(3)”
substitute “section 2(3A)”.

8 After section 8 insert—

8A Enforcement of decisions of the Seabed Disputes Chamber

(1) A decision of the Seabed Disputes Chamber of the Tribunal in
25relation to a dispute of a type described in Article 187(c), (d) or (e) of
the Convention may be registered in the High Court in such manner
as may be prescribed by rules of court.

(2) Where a decision is registered under this section, it is to be treated for
the following purposes as if it had been originally given by the High
30Court and had (where relevant) been entered—

(a) its force and effect for the purposes of enforcement;

(b) the powers of the appropriate court in relation to its
enforcement;

(c) the taking of proceedings for or with respect to its
35enforcement.

(3) Where a decision registered under this section provides for payment
of a sum of money, the debt resulting from the registration is to carry
interest as if the decision were a judgment of the High Court and the
debt had become due on the date of registration.

(4) 40Where a decision is registered under this section, the reasonable
costs and expenses of and incidental to its registration are to be
recoverable as if they were sums recoverable under the decision.

(5) Costs or expenses recoverable by virtue of subsection (4) are to carry
interest as if they were the subject of an order for costs and expenses
45made by the High Court on the date of registration.

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(6) Subsection (2) is subject to any provision made by rules of court as to
the manner in which and conditions subject to which a decision
registered under this section may be enforced.

8B Proof and admissibility of decisions of the Seabed Disputes Chamber

(1) 5For the purposes of section 8A a document, duly authenticated,
which purports to be a copy of a decision given by the Seabed
Disputes Chamber of the Tribunal is without further proof to be
taken to be a true copy, unless the contrary is shown

(2) A document purporting to be a copy of a decision given by the
10Seabed Disputes Chamber of the Tribunal is duly authenticated for
the purposes of this section if it purports—

(a) to bear the seal of the Tribunal, or

(b) to be certified by any person in the person’s capacity as a
judge of the Tribunal, the Registrar of the Tribunal or a
15member of the staff of the Registrar to be a true copy of a
decision given by the Tribunal.

(3) Nothing in this section prejudices the admission in evidence of any
document which is admissible apart from this section.

8C Recognition and enforcement of arbitration awards

20An award made in pursuance of Article 188(2)(a) of the Convention
(disputes concerning interpretation or application of contracts) is to
be treated for the purposes of Part 3 of the Arbitration Act 1996
(recognition and enforcement of certain foreign awards) as a New
York Convention award, whether or not it would be so treated apart
25from this section.

9 Omit section 9 (the deep sea mining levy) and section 10 (the Deep Sea
Mining Fund).

10 In section 13 (disclosure of information) for paragraph (e) substitute—

(e) to the Authority.

11 30For sections 16 and 17 substitute—

16 Exclusion of certain legislation

Nothing in Part 4 of the Marine and Coastal Access Act 2009 (marine
licensing) applies to anything done in pursuance of an exploration or
exploitation licence or a contract granted by the Authority.

17 35Interpretation

In this Act—

12 (1) Section 18 (short title etc.) is amended as follows.

(2) 40In subsection (1) omit “(Temporary Provisions)”.

(3) Omit subsections (3) to (5).

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