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12 N.Z. J. Envtl. L. 97 (2008)
Environmental Protection in Deep Seabed Mining: International Law and New Zealand's Approach

handle is hein.journals/nzjel12 and id is 101 raw text is: Environmental Protection in
Deep Seabed Mining: International Law
and New Zealand's Approach
Lahrs Suhr*
In 2008 the Government agreed that the Ministry for the Environment
should instruct the Parliamentary Counsel Office to draft an exclusive
Economic Zone Environmental Effects Bill. A regime that increases
environmental protection for the New Zealand exclusive economic
zone (EEZ) would be welcome, but in relation to seabed mining
a stronger regime is needed than has been envisaged. The mining
may affect abyssal plains, seamounts, and hydrothermal vents. The
proposed regime does not live up to the high standards set in relation
to the mining of the deep seabed in international legal and institutional
arrangements under the United Nations Convention for the Law of the
Sea 1982 and its associated 1994 Implementation Agreement. Marine
ecosystems harbour an immense and valuable biodiversity, which
requires effective protection. The policies in the proposed legislation will
need to be tightened considerably in order to ensure such protection.
The precautionary approach should be applied with rigour, including
the application of a conservation-oriented approach that incorporates
the establishment of marine protected areas. Exploitation should be
restrained in the interests of future generations, and strict liability
should be imposed for environmental damage.
* This paper has been written in the Public International Law course of the LLM programme of
The University of Auckland in 2008. The author would like to thank Caroline Foster for her great
support.

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