The Mining Code: Standards and Guidelines

Background

The draft regulations on exploitation of mineral resources in the Area (ISBA/25/C/WP.1) require that certain standards and guidelines be developed by the organs of ISA to support the implementation of the regulations. The standards will be legally binding on contractors and ISA, whereas the guidelines will be recommendatory in nature.

During the twenty-fifth session, the Council requested that the Legal and Technical Commission (LTC) undertake work on standards and guidelines as a matter of priority, noting the proposed process and schedule for the development of standards and guidelines contained in ISBA/25/C/19/Add.1, Annex and Enclosures I and II. The LTC recommended that an outcome-based approach should be used and that the standards and guidelines should be put in place in phases, as follows:

• Phase 1: Standards and guidelines deemed necessary to be in place by the time of adoption of the draft regulations on exploitation.
• Phase 2: Standards and guidelines deemed necessary to be in place prior to the receipt of an application of a plan of work for exploitation.
• Phase 3: Standards and guidelines deemed necessary to be in place before commercial mining activities commence in the Area.

During the twenty-sixth session, the LTC devoted a considerable amount of time and resources to the development of phase 1 draft standards and guidelines.

The process recommended by the LTC for the development of these standards and guidelines included the circulation of the drafts for stakeholder consultations. Two stakeholder consultations took place during 2020 and 2021. The LTC revised the Phase 1 standards and guidelines based on the results of the consultations. A report of the Chair of the LTC was subsequently issued during the 27th session, providing reasons for the LTC’s revisions (ISBA/27/C/2). Revised standards and guidelines were presented and issued in January 2022 (from ISBA/27/C/3 to and including ISBA/27/C/12, see below).

Draft standards and guidelines under phase 1

Revised draft standards and guidelines (January 2022)

• Draft guideline on the preparation and assessment of an application for the approval of a Plan of Work for exploitation (ISBA/27/C/3)
• Draft standard and guidelines for the environmental impact assessment process (ISBA/27/C/4)
• Draft guidelines for the preparation of environmental impact statements (ISBA/27/C/5)
• Draft guidelines for the preparation of Environmental Management and Monitoring Plans (ISBA/27/C/6)
• Draft guidelines for the preparation of Environmental Management and Monitoring Plans (ISBA/27/C/6/Corr.1)
• Draft standard and guidelines on the development and application of environmental management systems (ISBA/27/C/7)
• Draft guidelines on the tools and techniques for hazard identification and risk assessments (ISBA/27/C/8)
• Draft standard and guidelines for the safe management and operation of mining vessels and installations (ISBA/27/C/9)
• Draft standard and guidelines on the form and calculation of an Environmental Performance Guarantee (ISBA/27/C/10)
• Draft guidelines for the establishment of baseline environmental data (ISBA/27/C/11)
• Draft standard and guidelines for the preparation and implementation of emergency response and contingency plans (ISBA/27/C/12)

Draft standards and guidelines for stakeholder consultation (2020/2021)

The following draft standards and guidelines were shared for stakeholder consultations in 2020 and 2021. These documents are not for citation or other uses. 

• Draft guideline on the preparation and assessment of an application for the approval of a Plan of Work for exploitation
• Draft standard and guidelines on the development and application of environmental management systems
• Draft standard and guidelines on the form and calculation of an environmental performance guarantee
• Draft guidelines for the establishment of baseline environmental data
• Draft standard and guidelines for environmental impact assessments
• Draft guidelines for the preparation of an environmental impact statement
• Draft guidelines for the preparation of an environmental management and monitoring plans
• Draft guidelines on tools and techniques for hazard identification and risk assessment
• Draft standard and guidelines for the safe management and operation of mining vessels and installations
• Draft standard and guidelines for the preparation and implementation of emergency response and contingency plans

Stakeholder consultations on the draft standards and guidelines

2021

A consultation took place from 8 April to 3 July 2021 on the following standards and guidelines under Phase 1. 

• Draft guidelines for the establishment of baseline environmental data
• Draft standard and guidelines for environmental impact assessments
• Draft guidelines for the preparation of an environmental impact statement
• Draft guidelines for the preparation of an environmental management and monitoring plans
• Draft guidelines on tools and techniques for hazard identification and risk assessment
• Draft standard and guidelines for the safe management and operation of mining vessels and installations
• Draft standard and guidelines for the preparation and implementation of emergency response and contingency plans

Comments received are available here

2020

A consultation took place from 20 August to 20 October 2020 on the following standards and guidelines under Phase 1. 

• Draft guideline on the preparation and assessment of an application for the approval of a Plan of Work for exploitation
• Draft standard and guidelines on the development and application of environmental management systems
• Draft standard and guidelines on the form and calculation of an environmental performance guarantee

The comments received are available here.

Overview of the status of preparation of standards and guidelines