Deep-sea mining faces many regulatory hurdles

The global oceans cover 71% of the Earth’s surface. Extracting various resources such as cobalt, copper, nickel, silver, gold or zinc from the seabed has huge potential for commercial mining. However, as with terrestrial mining, environmental issues are of paramount importance and it is becoming increasingly urgent to establish the rules of the game.

Also read: Technological innovation drives sustainable mining operations

Regulatory stability in any industry is essential for efficient and predictable growth. When companies clearly define the boundaries of what is permitted, the likelihood of litigation is low and business can proceed in an orderly manner. Deep sea mining is at a critical juncture, with the exploration phase now complete and the need to determine how mining can or should proceed in the future.

Currently, deep-sea mining companies engage in so-called “shallow water” mining, extracting minerals such as diamonds or tin. The International Seabed Authority (ISA) is a UN regulatory body responsible for the development and protection of large swathes of the seabed. The ISA was established under the United Nations Convention on the Law of the Sea and is supported by all 168 UN member states, as well as the European Union. The ISA has been working to codify regulatory parameters for deep-sea mining since 2014, but progress has been slow.

Meanwhile, earlier this year, a groundbreaking study discovered the presence of oxygen-producing nodules on the Pacific Ocean floor. It’s a notable discovery, especially given the lack of sunlight that’s normally needed to produce oxygen. What’s more, these nodules are the same type that mining companies look for. Polymetallic nodules are rich in nickel, copper, cobalt and manganese, while polymetallic sulfides are deposits containing lead, zinc, gold and silver.

The discovery of oxygen-producing nodules has sparked a backlash against any action that could damage the seafloor. Countries have the right to exploit natural resources within their sovereign territory and, if applicable, within their territorial waters. In the high seas, which the United Nations has declared “the common heritage of mankind,” regulatory waters become murkier.

The ISA is continuing this work and expects the rules to be adopted in July 2025.