Deep Sea Mining (Temporary Provisions) Act 1981

1 Prohibition of unlicensed deep sea mining. U.K.

(1) Subject to the following provisions of this Act, a person to whom this section applies shall not explore for the hard mineral resources of any part of the deep sea bed unless he holds an exploration licence granted under section 2 below in respect of that part of the deep sea bed or is the agent or employee of the holder of that licence (acting in his capacity as such).

(2) Subject to the following provisions of this Act, a person to whom this section applies shall not exploit the hard mineral resources of any part of the deep sea bed unless he holds an exploitation licence granted under section 2 below in respect of that part of the deep sea bed or is the agent or employee of the holder of that licence (acting in his capacity as such).

(3) Any person who contravenes subsection (1) or (2) above shall be guilty of an offence and liable—

(a) on conviction on indictment, to a fine;

(b) on summary conviction, to a fine not exceeding the statutory maximum.

(4) This section applies to any person who—

(a) is a [F1 United Kingdom national], a Scottish firm or a body incorporated under the law of any part of the United Kingdom; and

(b) is resident in any part of the United Kingdom.

(5) Her Majesty may by Order in Council extend the application of this section—

(a) to all [F1 United Kingdom nationals], Scottish firms and bodies incorporated under the law of any part of the United Kingdom who are resident outside the United Kingdom or to [F1 such nationals], firms and bodies who are resident in any country specified in the Order;

(b) to bodies incorporated under the law of any of the Channel Islands, the Isle of Man, any colony or an associated state.

(6) In this Act—

• “deep sea bed” means that part of the bed of the high seas in respect of which sovereign rights in relation to the natural resources of the sea bed are neither exercisable by the United Kingdom nor recognised by Her Majesty’s Government in the United Kingdom as being exercisable by another Sovereign Power or, in a case where disputed claims are made by more than one Sovereign Power, by one or other of those Sovereign Powers;

• “hard mineral resources” means deposits of nodules containing (in quantities greater than trace) at least one of the following elements, that is to say, manganese, nickel, cobalt, copper, phosphorus and molybdenum;

• [F2 “United Kingdom national” means—

(a) a British citizen, a British Dependent Territories citizen [F3 , a British National (Overseas)] or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person (within the meaning of that Act).]

(7) In any proceedings, a certificate issued by the Secretary of State certifying that sovereign rights are not exercisable in relation to any part of the sea bed by the United Kingdom or by any other Sovereign Power shall be conclusive as to that fact; and any document purporting to be such a certificate shall be received in evidence and shall, unless the contrary is proved, be deemed to be such a certificate.

Textual Amendments

F1 Words substituted by British Nationality Act 1981 (c. 61, SIF 87), Sch. 7

F2 Words substituted by British Nationality Act 1981 (c. 61, SIF 87), s. 52(7), Sch. 7

F3 Words inserted by S.I. 1986/948, art. 8, Sch.