Deep Sea Mining Act 1981

Prohibition of unlicensed deep sea mining

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• (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) P 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) A 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) the 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) Any person who contravenes subsection (1) or (2) above shall be guilty of an offence and liable—

• (a) on conviction on indictment, to a fine;

• (b) on summary conviction, to a fine not exceeding the statutory maximum.

• (4) This section applies to any person who—

• (a) is a United Kingdom national, a Scottish firm or a body incorporated under the law of any part of the United Kingdom; and

• (b) is resident in any part of the United Kingdom.

• (5) Her Majesty may by Order in Council extend the application of this section—

• (a) to all United Kingdom nationals, Scottish firms and bodies incorporated under the law of any part of the United Kingdom who are resident outside the United Kingdom or to such nationals, firms and bodies who are resident in any country specified in the Order;

• (b) to bodies incorporated under the law of any of the Channel Islands, the Isle of Man, any colony . . ..

• (6) In this Act—

• “deep sea bed” means the area of the sea bed situated beyond the limits of national jurisdiction of the United Kingdom or any other State;

• “mineral resource” means a solid, liquid or gaseous mineral resource;

• “ United Kingdom national ” means—

• (a) a British citizen, a British Dependent Territories citizen , a British National (Overseas) or a British Overseas citizen;

• (b) a person who under the British Nationality Act 1981 is a British subject; or

• (c) a British protected person (within the meaning of that Act).

• (7) In any proceedings, a certificate issued by the Secretary of State 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 shall be conclusive as to that fact; and any document purporting to be such a certificate shall be received in evidence and shall, unless the contrary is proved, be deemed to be such a certificate.

Exploration and exploitation licences

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• (1) In this Act—

• “the Authority” means the International Seabed Authority;

• “corresponding contract” means—in relation to an exploration licence, a contract which is granted by the Authority to the licensee and authorises exploration for the licensed mineral resource in the licensed area, andin relation to an exploitation licence, a contract which is granted by the Authority to the licensee and authorises the exploitation of the licensed mineral resource in the licensed area;

• “exploration licence” means a licence under this section authorising the licensee to explore for mineral resources of a description specified in the licence in an area so specified;

• “exploitation licence” means a licence under this section authorising the licensee to exploit mineral resources of a description specified in the licence in an area so specified;

• “granted by the Authority”, in relation to a contract, means granted by the Authority in accordance with Article 153 of the Convention;

• “plan of work” means a programme of activities and expenditure.

• (2) Subject to ... and section 3 below, -

• (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 the 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.

• (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) must 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 conditions—

• (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 carried 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 resource and the licensed area or licensed operations or 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 such 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) 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 contractors;

• (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) requiring 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;

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

• (m) permitting 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.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Where 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 the exploitation licence is granted—

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

• (b) with that person's written consent.

• (6) Any fees or other sums received by the Secretary of State under this section shall be paid into the Consolidated Fund.

Licences granted by reciprocating countries

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• (1) Neither 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 relates.

• (2) Subsection (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.

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

Prevention of interference with licensed operations

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• (1) A person to whom section 1 above applies shall not intentionally interfere with any operations carried on in pursuance of—

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

• (b) an exploration or exploitation licence.

• (2) Any person who contravenes subsection (1) above shall be guilty of an offence and liable—

• (a) on conviction on indictment, to a fine;

• (b) on summary conviction, to a fine not exceeding the statutory maximum.

Protection of the marine environment

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• (1) In determining whether to grant an exploration or exploitation licence the Secretary of State or, as the case may be, the Scottish Ministers shall have regard to the need to protect (so far as reasonably practicable) marine creatures, plants and other organisms and their habitat from any harmful effects which might result from any activities to be authorised by the licence; and the Secretary of State or the Scottish Ministers shall consider any representations made to him (or them) concerning such effects.

• (2) Without prejudice to section 2(3A) above, any exploration or exploitation licence granted by the Secretary of State or the Scottish Ministers shall contain such terms and conditions as he considers (or they consider) necessary or expedient to avoid or minimise any such harmful effects.

Variation and revocation of licences

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• (1) The Secretary of State may vary or revoke any exploration or exploitation licence—

• (a) where the variation or revocation is in the opinion of the Secretary of State required—

• (i) to ensure the safety, health or welfare of persons engaged in any of the licensed operations or ancillary operations; or

• (ii) to protect any marine creatures, plants or other organisms or their habitat; or

• (iii) in pursuance of section 8 below; or

• (iv) to avoid a conflict with any obligation of the United Kingdom arising out of any international agreement in force for the United Kingdom;

• (b) in any case, with the consent of the licensee.

• (2) The Secretary of State may revoke an exploration or exploitation licence in any case where a term or condition of the licence or any regulation made under this Act has not been complied with.

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

Freedom of the high seas

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It shall be the duty of the licensee to exercise his rights under the licence with reasonable regard to the interests of other persons in their exercise of the freedom of the high seas.

Foreign discriminatory action

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• (1) This section applies to any ship which is registered in a country of which the government (or an agency or authority of the government), in the opinion of the Secretary of State or, as the case may be, the Scottish Ministers, has adopted or is proposing to adopt discriminatory measures or practices prohibiting or otherwise restricting the use in connection with any deep sea bed mining operations of ships registered in the United Kingdom.

• (2) Without prejudice to section 2(3A) above, the Secretary of State or the Scottish Ministers may include in any exploration or exploitation licence, either on granting the licence or by a subsequent variation, such terms and conditions as he considers (or they consider) expedient for prohibiting or otherwise restricting the use in connection with the licensed operations or any ancillary operations of any ship to which this section applies.

• (3) The Secretary of State may by order extend this section to ships which are registered in any country of which the government (or any agency or authority of the government), in his opinion, has adopted or is proposing to adopt discriminatory measures or practices prohibiting or otherwise restricting the use in connection with any deep sea bed mining operations of ships registered in the Channel Islands, the Isle of Man or any colony.

• (4) In this section, references to an agency or authority of a government include references to any undertaking appearing to the Secretary of State or, as the case may be, the Scottish Ministers to be, or to be acting on behalf of, an undertaking which is in effect owned or controlled (directly or indirectly) by a State other than the United Kingdom.

The Deep Sea Mining Levy

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The Deep Sea Mining Fund

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Inspectors

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• (1) The Secretary of State or the Scottish Ministers may appoint as inspectors to discharge such functions as may be prescribed and generally to assist him (or them) in the execution of this Act such persons appearing to him (or them) to be qualified for the purpose as he considers (or they consider) appropriate from time to time.

• (2) The Secretary of State or the Scottish Ministers may make to or in respect of any inspector appointed under subsection (1) above such payments by way of remuneration or otherwise as the Secretary of State or, as the case may be, the Scottish Ministers, may determine with the approval (in the case of an appointment by the Secretary of State) of the Minister for the Civil Service.

Regulations and orders

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• (1) The Secretary of State may make regulations—

• (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 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) The Scottish Ministers may make regulations—

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

Disclosure of information

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• (1) A person shall not disclose any information which he has received in pursuance of this Act and which relates to any other person except—

• (a) with the written consent of that other person; or

• (b) to the Treasury, the Commissioners of Inland Revenue , the Secretary of State or the Scottish Ministers; or

• (c) with a view to the institution of or otherwise for the purposes of any criminal proceedings under this Act or regulations made under this Act: or

• (d) in accordance with regulations made under this Act; or

• (e) to the Authority.

• (2) Any person who discloses any information in contravention of subsection (1) above shall be guilty of an offence and liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;

• (b) on summary conviction, to a fine not exceeding the statutory maximum.

Supplementary provisions relating to offences

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• (1) Proceedings for an offence under this Act or under regulations made under this Act may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.

• (2) Proceedings for such an offence shall not be instituted in England and Wales or Northern Ireland except—

• (a) in the case of proceedings in England and Wales, by or with the consent of the Director of Public Prosecutions; or

• (b) in the case of proceedings in Northern Ireland, by or with the consent of the Director of Public Prosecutions for Northern Ireland; or

• (c) in any case, by the Secretary of State or a person authorised by him in that behalf.

• (3) A person may be guilty of an offence under regulations made under this Act whether or not he is a British citizen, a British Dependent Territories citizen, a British National (Overseas)or a British Overseas citizen or, in the case of a body corporate, it is incorporated under the law of any part of the United Kingdom.

• (4) Where an offence has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this subsection “director”, in relation to a body corporate which—