An analysis of the South African legal framework pertaining to offshore mining: comparative perspectives from Australia

Abstract

Due to technological development and overpopulation on earth, non-renewable mineral resources are being depleted at an alarming rate. Investigation of the seabed has revealed the existence of a variety of mineral resources that can be exploited to meet this increasing demand. Research has also revealed that mining activities in the ocean may have detrimental environmental effects on the marine ecological systems and biodiversity in the ocean. For this reason, the proper regulation of offshore mining activities is necessary to ensure that the detrimental effects on the environment are prevented, mitigated and remedied. Recent interest in South Africa’s rich phosphorite deposits on the seabed prompted this investigation into whether a proper regulatory regime exists to regulate offshore mining activities in South Africa’s exclusive economic zone. nternational environmental law provides the norms, standards and principles that national regulatory frameworks must implement towards the effective protection of the marine environment. To this end, commitments that South Africa has in terms of international environmental law will influence and dictate the content of the national regulatory framework.