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8/6/2019 SPC-EU DSM Project Workshop, 6-8 June,
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COOK ISLANDS PRESENTATION
by Paul Lynch Ll.b/BA. MBALegal Adviser,
Office of the Minister of Minerals & Natural
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The Cook Islands
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Cook Islands- Country reporty eveloping nation, low natural resources, small land
area, infrastructure constraints, large public service.
y
Tourism #1 earnery Large EEZ 2 million km2 of deep ocean, 4-5,000m
y No army or armed Police force or gangs.
y Good education levels, involved and public opinion
and debate,y Low level corruption and criminal offending.
y Environmental concerns re. SBM are great given ourreliance on tourism (clean beaches image).
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Rarotonga- our capital
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SBM History in Cook IslandsExploratory Surveys found High Grade Nodules
y 1970s-Nodules reported by Russian/US researchers
y 1972RV Tangaroa - Rarotongay 1976 RV Ravakai Penrhyn
y 1980 Hakurei Maru south Penrhyn Basin
y 1983Hakurei Maru 2 south Penrhyn Basin
y 1985 1990 Hakurei Maru 2 north Penrhyn Basin
y 1990-1995 - 1 mill km2 south EEZ
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Cook Islands NodulesHigh abundance (42-47 kg/m2)
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Towards 2012.y Cook Islands have been awaiting advances in
Technology to mine at depth
y Little progress for years.
BUT NOW.
yWith recent technological advances and interest
in SBM
y The Cook Islands government has become activeagain in the area of SBM
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SBM Policy of the Cook Islandsy A comprehensive national SBM Policyhas been drafted
and taken through consultations
y The SBM Policy has been adopted by both the former andnew governments
y The SBM Policy provides y awritten declaration of the principles that will guide the
Government of the Cook Islands in the management of SBM.
y the foundation for the comprehensive regulatoryframework to be established to ensure wise management ofthe SBM for the benefit of present and future generations ofCook Islanders
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SBM Act 2009 of the Cook Islandsy The centerpiece of the regulatory framework is a new and
comprehensive law to govern SBM activity in the CookIslands;
y Contains provisions to govern all rights, obligations andinterests in SBM in the Cook Islands;
y Reflects international best practices concerning in theextractive industries (mining and petroleum);
y Contains provisions that reflect the unique elements ofSBM activity;
y Carefully tailored to complement existing laws in CookIslands.
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SBM Institutional arrangementsy The Ministerwill be responsible for the implementation
of the new law
y A National Seabed Minerals Authoritywill be created,
with day-to-day responsibility for administering the newlaw, including licensing, monitoring, compliance andenforcement;
y A Seabed Minerals Commissioner appointed by theMinister will be the Head of the National Seabed MineralsAuthority;
y A Seabed Minerals Advisory Board will be establishedto provide a formal avenue for community and stakeholderconsultation and participation concerning management ofthe seabed minerals sector.
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SBMModel Agreementy The SBM Act provides a Seabed Mineral Agreement in
accordance with accepted international practice;
y A SBM Agreement would be concluded as a legally-bindingagreement between the Government and a mining company;
y A SBM Agreement would provide an avenue for the Governmentand a mining company to agree to specific undertakings tofacilitate the conduct and financing of SBMctivities;
y A SBM Agreement would be negotiated according to a ModelContract Agreement prescribed under the Act, so as to enhanceand strengthen the negotiating position of Government withforeign SBM mining companies
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Recent Cook Islands dealings with
foreign contractors
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Avatiu Harbour redevelopment
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PROJECT SUMMARY
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y
$NZ25 million ProjectyBiggest Infrastructure Project in years
yStart May2011
yFinish June 2012
yMcConnell Dowell successful Tenderer
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McConnell Dowell
now in the Cook Islands
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Business Trade and InvestmentBoard
BTIB ROLEBTIB refused McC.D.approval due to lowlocal participation-less than $1 million
Negotiations andcompromise reachedto increase local
participation to $5million
BTIB approval given
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LOCAL PARTICIPATION now
yLocal contractors now used
yLocal welders
yLocal materials and supplies (concrete andfill)
yLocal engineers
yLocal administration staff
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Avatiu Harbour
Project,Rarotonga
COOK ISLANDS
StartedMay2011
with BTIBapproval
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Foreign Investment controlsyBTIB role and MFEM Act controls
yGoverned by the SBM Act 2009
yThe Minister approves SBM investment
yMinister enters SBM Agreement
yIn a process managed by the SBMAuthority
ySBM Authority conducts the negotiations
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COOK ISLANDSFUTUREBENEFITyTo ensure that the Cook Islands
benefits from any entry into theSBM sector
yThe Cook Islands must set and
apply a regime of controls foroperations in the SBM sector
yWe are ready and willing22
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Our SBM Division currently
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Our SBM future awaits.
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Capacity Building requiredyThe SBM Act 2009 is not in force yet
y
It requires significant Budgetarysupport from the Cook Islandsgovernment and overseas donors
y
Capacity building and training isrequired of Cook Islanders to manageand benefit from this exciting resource
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Meitaki
And
Thank you
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