The Metals Company Photo: Facebook / The Metals Company
The International Seabed Authority (ISA) Council has launched an inquiry into "non-compliance" by deep sea mining front-runner The Metals Company (TMC).
The company had previously indicated that it would apply to mine in June through the ISA, despite mining rules not yet being in place. It would do so after triggering a clause known as the "two-year rule".
However, TMC is now planning to apply to mine exclusively through United States regulations, circumventing the ISA process. It was made possible by an executive order two months ago issued by President Donald Trump.
Duncan Currie, an international environmental lawyer with Deep Sea Conservation Coalition, said the decision for an inquiry, made on Monday, is to find out "the facts and the law in what is a very complex situation".
The ISA Council, composed of 36 elected member states, will meet in March to decide what to do about the findings.
Currie said the ISA could suspend or terminate the exploration contracts that TMC has through its subsidiaries if the ISA find noncompliance.
Despite applying only through the US, TMC plans on keeping its exploration licenses with the ISA.
RNZ Pacific arranged an interview with TMC's chief executive Gerard Barron, who cancelled at the last minute.
The ISA Council, composed of 36 elected member states, will meet in March to decide what to do about the findings. Photo: flickr / ISBA HQ
Instead, a TMC spokesperson said its subsidiaries, Nauru Ocean Resources Inc (NORI) and Tonga Offshore Mining Limited (TOML), are in full compliance with their ISA contracts.
"All TMC subsidiaries operate legally under international law and under national laws of their respective jurisdictions," they said.
The spokesperson said NORI had conducted more offshore research than any other contractor.
Currie said he believed it would be very difficult for The Metals Company to mine even if it got a permit under the US regulations.
"The first thing is that there's highly likely to be lawsuits in Hawaii, which is the closest jurisdiction [in the Clarion-Clipperton Zone] I think a lot of groups will be challenging the regulations purporting to allow The Metals Company to mine the seabed area."
Currie said TMC also relies on Swiss and Dutch company Allseas for mining technology, and Switzerland is "highly unlikely" to allow the company to move against the ISA.
He said processing for cobalt and nickel is carried out in China, and if TMC were to proceed through US regulations, a processing facility would need to be developed in the States.
"Basically, the world is a complex, interdependent place, and I think that the metals company is not going to find it as easy as they think to just go there, mine the metals and bring them up."
The ISA Council finished on Monday and the assembly meeting has since started.
