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A

BILL

[AS AMENDED IN PUBLIC BILL COMMITTEE]

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, Scotland 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 2014.

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 3A.

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

(4) 30In subsection (7) for the words from “certifying” to “Power” substitute “or
the Scottish Ministers certifying that 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)—

(a) omit “subsection (4) and”, and

(b) 20for the words from “the Secretary of State” to the end substitute—

(a) the Secretary of State may on payment of such fee as
may with the consent of the Treasury be prescribed
grant to such persons as the Secretary of State thinks
fit exploration or exploitation licences, except where
25the Scottish Ministers have power to grant the
exploration or exploitation licence in question;

(b) the Scottish Ministers may on payment of such fee as
may be prescribed grant to such persons as they think
fit exploration or exploitation licences..

(4) 30For subsection (3) substitute—

(3) An exploration or exploitation licence—

(a) may be granted for such period as the Secretary of State
thinks fit or, as the case may be, the Scottish Ministers think
fit, and

(b) 35must 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 or, as the case may be,
the Scottish Ministers think fit, including, in particular, terms and
40conditions—

(a) relating 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
45carried out by or on behalf of the licensee on any ship;

(c) relating 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
50resource and the licensed area or licensed operations or

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ancillary operations, to be provided to the Secretary of State
or, as the case may be, the Scottish Ministers;

(e) requiring samples of the licensed mineral resource
discovered in or extracted from the licensed area, or assays of
5such samples, to be provided to the Secretary of State or, as
the case may be, the Scottish Ministers;

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

(g) 10requiring 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
contractors;

(h) requiring compliance with any other rules, regulations and
15procedures issued or adopted by the Authority, as are
applicable to contractors;

(i) requiring compliance with a corresponding contract;

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

(k) 20requiring 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;

(l) requiring payment to the Scottish Ministers of such sums as
may be prescribed at such times as may be prescribed; and

(m) 25permitting the transfer of the licence in prescribed cases or
with the written consent of the Secretary of State or, as the
case may be, the Scottish Ministers.

(5) Omit subsection (4).

(6) For subsection (5) substitute—

(5) 30Where the Secretary of State has, or the Scottish Ministers have,
granted an exploration licence, neither the Secretary of State nor the
Scottish Ministers may 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
35the exploitation licence is granted—

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

(b) with that person’s written consent.

4 For section 3 substitute—

3 Contracts granted by the Authority

(1) 40Neither the Secretary of State nor the Scottish Ministers may grant an
exploration or exploitation licence which relates to—

(a) any 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
45relates.

(a)(a)any 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.

(2) 50Subsection (1) does not apply where the contract is a corresponding
contract in relation to a licence previously granted by the Secretary
of State or the Scottish Ministers.

Deep Sea Mining BillPage 5

(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
5and is to be deemed to be such a contract unless the contrary is
proved.

3A 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
10deep 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.

(2) 15Where 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
description of mineral resources to which the contract relates in any
20area 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
not prohibited by that section from exploiting any of the description
25of 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
“pursuance of—

(a) 30a contract granted by the Authority; or

(b) an exploration or exploitation licence.

6 In section 5 (protection of the marine environment)—

(a) in subsection (1)—

(i) after “State”, in the first place, insert “or, as the case may be,
35the Scottish Ministers”,

(ii) after “State”, in the second place, insert “or the Scottish
Ministers”, and

(iii) after “him” insert “(or them)”, and

(b) in subsection (2)—

(i) 40for “section 2(3)” substitute “section 2(3A)”,

(ii) after “State” insert “or the Scottish Ministers”, and

(iii) after “considers” insert “(or they consider)”.

7 In section 6 (variation or revocation of licences), after subsection (2) insert—

(3) This section applies in relation to an exploration or exploitation
45licence granted by the Scottish Ministers as if references to the
Secretary of State were references to the Scottish Ministers.

8 In section 8 (foreign discriminatory action)—

Deep Sea Mining BillPage 6

(a) in subsection (1), after “State” insert “or, as the case may be, the
Scottish Ministers”,

(b) in subsection (2)—

(i) for “section 2(3) above, the Secretary of State” substitute
5“section 2(3A) above, the Secretary of State or the Scottish
Ministers”, and

(ii) after “considers” insert “(or they consider)”, and

(c) in subsection (4), after “State” insert “or, as the case may be, the
Scottish Ministers”.

9 10After section 8 insert—

8A Enforcement of decisions of the Seabed Disputes Chamber

(1) A decision of the Seabed Disputes Chamber of the Tribunal in
relation to a dispute of a type described in Article 187(c), (d) or (e) of
the Convention may be registered in the High Court or the Court of
15Session (“the registering 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
registering court and had (where relevant) been entered—

(a) 20its force and effect for the purposes of enforcement;

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

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

(3) 25Where 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 registering court
and the debt had become due on the date of registration.

(4) Where a decision is registered under this section, the reasonable
30costs 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
made by the registering court on the date of registration.

(6) 35Subsection (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.

(7) In the application of this section in relation to Scotland references to
costs are to be disregarded.

8B 40Proof and admissibility of decisions of the Seabed Disputes Chamber

(1) For 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

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(2) A document purporting to be a copy of a decision given by the
Seabed 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) 5to be certified by any person in the person’s capacity as a
judge of the Tribunal, the Registrar of the Tribunal or a
member 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
10document which is admissible apart from this section.

8C Recognition and enforcement of arbitration awards

An award made in pursuance of Article 188(2)(a) of the Convention
(disputes concerning interpretation or application of contracts)—

(a) is to be treated for the purposes of Part 3 of the Arbitration
15Act 1996 (recognition and enforcement of certain foreign
awards) as a New York Convention award, and

(b) is to be treated for the purposes of sections 18 to 22 of the
Arbitration (Scotland) Act 2010 (which make similar
provision for Scotland) as a Convention award,

20whether or not (in either case) it would be so treated apart from this
section.

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

11 In section 11 (inspectors)—

(a) 25in subsection (1)—

(i) after “State” insert “or the Scottish Ministers”,

(ii) after “him”, in both places, insert “(or them)”, and

(iii) after “considers” insert “(or they consider)”, and

(b) in subsection (2)—

(i) 30after “State”, in the first place, insert “or the Scottish
Ministers”, and

(ii) for “may determine with the approval” substitute “or, as the
case may be, the Scottish Ministers, may determine with the
approval (in the case of an appointment by the Secretary of
35State)”.

12 For section 12 substitute—

12 Regulations and orders

(1) The Secretary of State may make regulations—

(a) prescribing anything required or authorised to be prescribed
40under this Act in relation to an exploration or exploitation
licence granted or to be granted by the Secretary of State;

(b) generally for carrying this Act into effect, except where the
Scottish Ministers have power to make provision under
subsection (2)(b).

(2) 45The Scottish Ministers may make regulations—

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(a) prescribing anything required or authorised to be prescribed
under this Act in relation to an exploration or exploitation
licence granted or to be granted by the Scottish Ministers;

(b) generally for carrying this Act into effect.

(3) 5Regulations under this section may, in particular, make provision
with respect to any of the matters mentioned in the Schedule.

(4) Regulations under this section may make different provision for
different cases or classes of case and may exclude the operation of
any provision of the regulations in specified cases.

(5) 10Any power of the Secretary of State to make regulations or an order
under this Act is exercisable by statutory instrument.

(6) A statutory instrument containing regulations made under this Act
by the Secretary of State is subject to annulment in pursuance of a
resolution of either House of Parliament.

(7) 15Regulations under subsection (2) are subject to the negative
procedure, within the meaning of section 28 of the Interpretation and
Legislative Reform (Scotland) Act 2010.

13 In section 13(1) (disclosure of information)—

(a) in paragraph (b), for “or the Secretary of State” substitute “, the
20Secretary of State or the Scottish Ministers”; and

(b) for paragraph (e) substitute—

(e) to the Authority.

14 For sections 16 and 17 substitute—

16 Exclusion of certain legislation

(1) 25Nothing in the following enactments applies to anything done in
pursuance of an exploration or exploitation licence or a contract
granted by the Authority.

(2) Those enactments are—

(a) Part 2 of the Food and Environment Protection Act 1985
30(deposits in the sea);

(b) Part 4 of the Marine and Coastal Access Act 2009 (marine
licensing);

(c) Part 4 of the Marine (Scotland) Act 2010 (marine licensing).

17 Interpretation

35In this Act—

15 After section 17 insert—

17A Exercise of functions by the Scottish Ministers

Any provision of this Act which confers a function on the Scottish
40Ministers is to be read as conferring a function exercisable only so far
as within devolved competence (within the meaning of section 54 of
the Scotland Act 1998).

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

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

(3) 45Omit subsections (3) to (5).

17 In the Schedule, in paragraph 5, after “Secretary of State” insert “(or, in the
case of regulations made under section 12(2), the Scottish Ministers)”.

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