The Metals Company Advances Deep Sea Mining Plans in Pacific

The Canadian mining group, The Metals Company (TMC), is progressing with plans for deep sea mining in the Pacific Ocean despite facing significant controversy regarding its compliance with international law. The company has partnered with the Pacific island nations of Nauru and Tonga as it seeks to establish commercial operations in the Clarion Clipperton Zone (CCZ), an area rich in polymetallic nodules.

Recent documents released by TMC reveal that the company is pursuing a commercial mining permit through the United States for part of Nauru’s designated area in the CCZ. These developments come in the wake of an executive order issued by former President Donald Trump, which seeks to enhance US involvement in the deep sea mining sector. This new regulatory framework places the US alongside the International Seabed Authority (ISA) as a governing body for international waters, a move that has drawn criticism from various countries and organizations for undermining established international law.

Changing Regulatory Landscape

The partnerships between TMC and both Nauru and Tonga have roots extending over a decade, granting these nations special rights to explore the mineral wealth in the CCZ under international ocean law. Prior to this year, TMC’s arrangements were facilitated through the ISA, the globally recognized regulator for deep sea mining, which had not yet established comprehensive rules for commercial operations.

Critics, including legal experts and non-governmental organizations, argue that the recent US policy shift represents a dangerous deviation from the principles of international governance in oceanic resource management. TMC has voiced frustration with the ISA’s slow progress in developing commercial mining regulations, which has contributed to its decision to seek alternatives through US channels.

According to TMC’s August documents, the company anticipates that “commercial production” could commence as early as 2027. In addition to its application for a commercial mining permit, TMC has also sought exploration permits for both Nauru and Tonga’s blocks in the CCZ, despite already holding existing contracts for these areas under ISA guidelines.

Community Concerns and Calls for Accountability

Joey Tau, coordinator of the Pacific Network on Globalisation (PANG), has raised alarms about the potential environmental and social impacts of deep sea mining. He emphasized the need for independent scientific research to ensure that any activities conducted in the region benefit all of humanity rather than being driven solely by industry interests. “Mining has a really bad history in this part of the world,” Tau stated. “This agenda being pushed – I think it is the recolonising of our region over and over.”

The sentiment against deep sea mining is echoed by Drew Havea, chairman of the Civil Society Forum of Tonga. He expressed disappointment with the Tongan government’s partnership with TMC and has called for a referendum to gauge public opinion on the involvement in deep sea mining ahead of the upcoming elections in November 2023. “If the government doesn’t believe that we represent the voices of the people, why not a referendum?” Havea questioned.

As various stakeholders continue to voice their concerns, both the Nauru and Tonga governments have yet to respond to inquiries regarding their partnerships with TMC. The ISA also refrained from commenting on the matter.

The US agency responsible for overseeing deep sea mining, the National Oceanic and Atmospheric Administration (NOAA), provided a brief statement indicating that US policy determines the review process for mining applications in international waters. NOAA also mentioned efforts to streamline this process, highlighting the US’s commitment to expanding its role in deep sea resource management.

The future of deep sea mining in the Pacific remains uncertain, with ongoing debates about the environmental, social, and legal implications of these developments. As TMC pushes ahead with its plans, the voices of local communities and international regulators will play a crucial role in shaping the outcome of this controversial venture.