By Aditi Sinha & Soumya Pradhan
What is deep sea mining?
Deep sea mining involves extracting metals and minerals from the seafloor of the ocean. Deep beneath the surface, metals and minerals such as manganese, nickel, and cobalt have accumulated on the seafloor over millions of years, forming potato-sized nodules. Gigantic machinery heavier than a blue whale would extract deposits from the deep ocean floor to mine these metals. They would transport the extracted material to a ship by pumping it via many kilometers of tubing. Subsequently, sand, seawater, and other mineral waste will be reintroduced into the water through pumping. Minerals in the deep sea are found in slow-forming, potato-sized polymetallic nodules, polymetallic sulphides around hydrothermal vents, and metal-rich crusts on seamounts. Commercial interest in these minerals has existed for years, but new technological improvements now allow for the extraction of mineral reserves from the seafloor using vehicles.[1]
Polymetallic nodules, the main target for deep-sea mining, would be harvested by mining vehicles from the bottom surface, similar to a tractor ploughing a field, together with the upper layers of silt. The gathered resources would be transported to a surface vessel for processing, while any waste, including sediments and organic compounds, would be returned to the water column through pumping.
Why is there a growing interest in deep-sea mining?
The push to reduce carbon emissions in response to global warming has caused a significant increase in the need for copper, cobalt, nickel, and other materials essential for the shift to cleaner energy sources. By 2040, the global demand for certain metals essential for electric vehicle batteries, solar panels, and wind turbines is projected to double compared to current levels, as reported by the International Energy Agency.
The demand for copper is projected to increase from 25 million tons in 2020 to 50 million tons by 2050[2]. Proponents of deep-sea mining claim that significantly increasing mining activities on land will result in more environmental damage, whereas mining the sea floor is considered less harmful. Critics argue that terrestrial mining will continue, while deep-sea mining will result in “irreversible harm” to marine life and ecosystems.
Where is this activity taking place?
Deep sea mining is an emerging industry. With the exception of a few minor tests, no commercial mining has taken place. The corporations are getting ready to begin full-scale production. Test mining is currently in progress, however commercial deep-sea mining is still prohibited by international law. 31 exploration contracts have been given by the International Seabed Authority (ISA).[3] These encompass more than 1.5 million square kilometers, which is four times the size of Germany.[4]
The majority of these agreements pertain to the exploration of deposits in the Clarion-Clipperton Zone (CCZ), a region in the Pacific Ocean located across the equator, between Hawaii and Mexico. The region is abundant in mineral deposits the size of potatoes containing copper, nickel, manganese, and other metals. They are located on the ocean floor in vast clusters.
Environmental concerns
While the economies of the world quest their way in the race of deep-sea bed mining, the crippling effects will be no one’s to contain. Economic advances come at the cost of environmental degradation. It is argued that the effects of pollution that might occur due to the mining process will be harmful to the oceans. While mining polymetallic nodules, crusts, and sulfide deposits under the ocean are drilled to extract the minerals, there is production of slurry and plume in the ocean.[5] Tremendous discharge of loads from these actions will not only result in high sediments in the water but will also increase the turbidity of the water. This will further lead to harmful effects on organisms in the oceans like clogging several parts of the sea bed, disturbing the habitats of underwater creatures, and ultimately harming the underwater biodiversity. Furthermore, remains are likely to be left behind after the mining process fuels, chemicals, or other equipment. Concerns of oil/ fuel spills and leakages, and noise pollution also remain high.[6]
Oceans, even today remain a mystery to humankind and are as deep as 11 kms which have not been fully explored yet. Furthermore, what is bothersome is that the lack of awareness of the area is not contained nationally but also globally. As a result, after effects of mining the deep oceans including environmental effects can be only anticipated and not ascertained.
Legislative framework and related challenges
UNCLOS created a structure for mining minerals from non-nation-controlled ocean floors. This framework covers 72% of global seas. UNCLOS established the ISA to supervise this mechanism. It handles deep-bottom mineral exploration and exploitation authority and contracts. The ISA aims to properly distribute marine environment conservation benefits. The ISA forbids unilateral deep-sea mining. ISA approval and rigorous supervision are needed for deep water exploration. Legal and Technical Commission (LTC) and Finance Committee help Assembly and Council create ISA regulations and manage operations.
UNCLOS and the 1994 Agreement compel the ISA to protect the deep seabed. Environmental regulations and three sets of laws govern mineral exploration for three categories. UNCLOS Deep Seabed Mining Licensing Regime was designed by International Tribunal for the Law of the Sea (ITLOS) and ISA. Private firms must obtain State backing to comply with the Convention. The ISA requires a work plan from states or state-sponsored corporations to use deep seabed resources. The ISA aims to create a stakeholder consultation approach which lets commercial operators and environmental experts to provide feedback on an exploitation system that allows economically viable mining while protecting the environment and shared heritage.
Deep seafloor mining is being explored. High costs, technological challenges, variable metal prices, and environmental concerns make long-term economic potential questionable. In 2018, the European Parliament suggested a deep seabed mining moratorium until marine ecological effects are known. Civil society NGOs like the Deep-Sea Mining Campaign and Greenpeace oppose deep seabed mining owing to habitat loss, marine degradation, undersea noise, vibration, and light pollution. However, deep seabed mining will shortly begin. By 2030, deep seabed mining will account for 10% of worldwide mining and be worth $65 billion. Ocean floor metals include rare earth elements (REEs) needed for renewable energy, weapons, and electronics. National and worldwide deep seabed REE mining is growing. This will result in a geopolitically stable supply network.
The Indian Scenario and The Challenges Ahead
With nearly 1.4 billion inhabitants, India might become the third largest economy by 2027. Energy security is crucial owing to rising demand and use. With over four lakh MW of installed energy capacity, India has gone from power crisis to surplus. The third largest renewable energy generator is India, with 40% of its power coming from non-fossil fuels. Globally, India consumes fourth most energy. The IEA predicts India will exceed the EU in energy consumption by 2030. The requirement of deep-sea bed mining cannot be dismissed for a green and sustainable future and to meet the demands of the rising pollution in the world, these metals have to be put in use. However, several challenges arise. A major fright regarding deep sea mining is the absence of any laid down framework on the same among other challenges.
An absence of global regulation of the subject shall make a world of no wrong and will give the state and entities a free hand on actions, without any check mechanism. With a loose legal framework, on both national and global levels, it can only prove to be detrimental to human pollution, ocean life, and exploitation of resources by mining entities.
A lack of a global code or framework on deep sea bed mining rules is one of the prominent challenges in deep sea mining. ISA which was constituted in, has failed to introduce any such framework. As a result, countries have not yet indulged in deep-sea mining in international waters.
In the Indian regime, where private entities already hesitate to undertake reconnaissance and prospecting activities for minerals, the exploration step for deep sea minerals remains ambiguous. The Indian government well known for this challenge, after facing a similar situation, introduced various incentives to lure private entities to explore and mine deep sea minerals. Recently in 2023, the central government introduced the Mines and Minerals (Development and Regulation) Amendment Act 2023[7], and added Schedule 7 to the act. The amended act provides for an ‘exploration license’ which can be granted for deep-sea mining. This license can be granted for minerals that have been put in Schedule 7 of the act consisting of a total of 29 minerals. These include gold, silver, copper, cobalt, nickel, lead, potash, and rock phosphate. The amendment provides certain incentives to exploration licensees. The auction has to be conducted within six months of the submission of the report by the exploration license. Furthermore, any entity that successfully explores and maps minerals under the ocean, shall be provided with a share from the auction amount of the bidder.
Furthermore, the Indian Ministry of Earth Sciences through their ‘Deep Ocean Mission’ aims to harness the ocean power for the nation.[8] Though it will be faced with many challenges but gearing up for this advancement put India ahead in the race of harnessing the deep oceans. Moreover, the environmental clearance regime in India though comes from stipulated established rules and laws but has never been a hindrance for projects the state has wanted to undertake. Furthermore, with a lack of awareness of deep-sea bed mining, it remains unlikely that much backlash will be faced from the public.
Conclusion
Mineral exploration activities are no cinch. Deep sea minerals exist in abundance in the deep ocean bed, and advanced technology, manpower, capital, team of experts are required to excavate these minerals. Deep sea bed mining though provides many advances in several ways, but its effects on the environment seem crippling as it sprouts alarming environmental concerns. Mineral exploration always carries itself with an uncertainty of the presence of expected minerals and the expected quality. This becomes even more challenging in the case of the deep sea, an area that has not yet been entirely explored by mankind.
Conclusively, the oceans will be ravaged for advancements, globally by mankind. However, such advancement if comes in the drop back of a loose frameworks and environment degradation, the burnt will be born for long.
[1] Dingwall, “Commercial Mining Activities in the Deep Seabed beyond National Jurisdiction.” <https://brill.com/display/book/edcoll/9789004391567/BP000020.xml > accessed on 6 Febuary2024.
[2] ‘Deep Sea Mining, Greenpeace UK’< https://www.greenpeace.org.uk/challenges/deep-sea-mining/ >accessed 10 March 2024.
[3] ‘Seabed Mining Moratorium Is Legally Required by U.N. Treaty, Legal Experts Find’ (30 June 2023) <https://pew.org/3NSsI43> accessed 6 February 2024.
[4] Drazen JC, ‘Midwater Ecosystems Must Be Considered When Evaluating Environmental Risks of Deep-Sea Mining’ (2020) 117.
[5] Rahul Sharma, ‘Environmental Issues of Deep-Sea Mining’ (2015) 11 Procedia Earth and Planetary Science 204.
[6] ‘Deep Sea Mining Permits May Be Coming Soon. What Are They and What Might Happen? | Explained News – The Indian Express’ <https://indianexpress.com/article/explained/explained-sci-tech/what-deep-sea-mining-permits-implications-8698411/> accessed 8 March 2024.
[7] Mines and Minerals (Development and Regulation) Amendment Act, 2023.
[8] ‘Deep Ocean Mission’ <https://www.psa.gov.in/mission/deep-ocean-exploration/39> accessed 8 March 2024.
Centre for Maritime Law 