- Title
- South Africa’s regulation of mineral mining activities in the area: lessons from the United Kingdom
- Creator
- Karomo, Adelaide Aquiline
- Subject
- Mineral mining activities
- Subject
- Mining law
- Subject
- Deep Sea mining Act
- Date Issued
- 2024-04
- Date
- 2024-04
- Type
- Doctoral theses
- Type
- text
- Identifier
- http://hdl.handle.net/10948/64411
- Identifier
- vital:73700
- Description
- As they anticipate the benefits associated with mining polymetallic nodules, polymetallic sulphides and ferromanganese crusts, several States are currently exploring or sponsoring State-owned enterprises and private persons to explore for these mineral resources in the seabed, ocean floor and subsoil beyond national jurisdiction (the Area). However, Africa remains the only region that is not actively participating. To guide South Africa in developing a deep seabed mining regime the thesis begins by identifying the international law regulating the Area and the activities therein. Since the mineral resources in the Area have been declared the common heritage of mankind, this principle as regulated by Part XI of the United Nations Convention on the Law of the Sea (UNCLOS), and modified by the Agreement relating to the implementation of Part XI of the United Nations Convention on the Law of the Sea of 10 December 1982 forms an essential component of this study. As such, the thesis determines, amongst others, the requirements for participating in mining activities in the Area (as set out in Part XI of UNCLOS) and establishes that developing a legislative framework is crucial to exempt UNCLOS States parties from liability associated with the damage caused by sponsored activities. Based on the obligations in international law, the thesis zooms in on three aspects concerning the regulation of the activities in the Area: (i) mining concessions, (ii) the relevant payment system, and (iii) environmental protection measures. In terms of these aspects, how the United Kingdom’s deep seabed mining regime regulates activities in the Area is examined. For this assessment, the thesis pays particular attention to the Deep Sea Mining Act and the domestic licences granted to UK Seabed Resources Ltd (UKSRL). In identifying lessons for South Africa, the thesis assesses the extent to which the United Kingdom’s regime complies with the international law framework and highlights the inconsistencies and legislative gaps. Thereafter, the thesis examines the South African legislative instruments regulating mining activities at sea, such as the Mineral and Petroleum Resources Development Act and the National Environmental Management Act, to determine whether their scope should be amended to regulate mining activities in the Area. As per the observations from international law and the lessons learnt from the United Kingdom's regulatory framework, the thesis argues that South Africa’s current mining framework should not be amended; separate deep seabed mining-specific legislation must be adopted. The thesis concludes by setting out the recommendations for developing such legislation.
- Description
- Thesis (LLD) -- Faculty of Law, 2024
- Format
- computer
- Format
- online resource
- Format
- application/pdf
- Format
- 1 online resource (303 pages)
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
- Rights
- All Rights Reserved
- Rights
- Open Access
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Collections
NMU Department of Public Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | Karomo,AA April 2024.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |