Oil, Gas, and Mining

Page 261

Differential approach

This chapter makes three distinctions that help in understanding how sustainable development issues arise and can be addressed in the EI sector and with what instruments. These distinctions are between 1. hydrocarbons and mining activities, 2. social and environmental impacts, and, 3. where appropriate, the stages in the life cycle of the particular activity. Oil, gas, and mining can be vastly different in the terms of their potential social and environmental impacts and of their management processes. Pollution from oil spills can be major challenges without parallels in mining (although tailings spills in large mining projects may be an equivalent). Issues associated with artisanal and smallscale mining (ASM) are equally important but have no parallel in the oil and gas sector. Oil and gas are almost exclusively capital intensive, while mining has various gradations from capital intensive down to ASM, which is labor intensive but has very little capital investment. Where these differences appear, they are treated separately. They sometimes involve different sets of actors, tools, regulations, guidelines, and analyses. These and other differences also vary in importance according to the life cycle of extractives projects. There are no one-sizefits-all solutions. 9.2 TWO KEY CHALLENGES

Of the various sustainability challenges in the EI sector, two have an overriding importance. 1. How does a government meet the challenge of identifying and implementing policies to ensure that EI sector investments lead to positive and sustainable impacts on growth and development (the development question)? 2. How can policies be developed to avoid, minimize, manage, and mitigate the environmental and social costs and risks that accompany a decision to develop a mining or hydrocarbons industry (the environment and social question)? It is important to note that the two questions are not mutually exclusive or independent of each other. Successful environmental and social policies, for example, underwrite positive and sustainable impacts on growth

and development. Environmental protection puts the sustainable element into development. The challenges are particularly stark in the case of emerging extractives producers, the countries identified as a key target group for the Sourcebook. Countries like Afghanistan, Ghana, Guinea, Mongolia, Mozambique, and Myanmar may be attracting investment in their extractives sector, but they suffer from deficiencies in areas such as transport infrastructure and a small pool of skilled labor. They also typically suffer from limited government capacity to manage the new developments. Rectifying this is a priority, but experience suggests it will not be easy or quick. Equally, all countries should be potential beneficiaries of integrated resource planning that takes into account environmental and social constraints and impacts. The development question

The leveraging or catalytic effect of EI development was introduced in chapter 2 of the Sourcebook. EI sector development, through its links to other sectors, can generate benefits to the economy beyond the direct contribution of revenues and job creation. It can act as a catalyst for pro-poor job creation, poverty reduction, an end to aid dependence, and the establishment of forward and backward links, meaning sectors that deliver to and take deliveries from a particular sector (Liebenthal, Michelitsch, and Tarazona 2005, 1). The forward links can entail support for local or national small and medium-sized enterprises by involving them in the investors’ supply chains and developing nonmineral-resourcedependent clusters of industrial activity. The backward links entail measures to process the resources or to use the resources to build local industry. The distinction is used largely to quantify the impact of changed output in the extractives sector on the rest of the economy. As a lever for infrastructure development (such as roads, railways, water systems, and power delivery) in settings where it is seriously deficient, the EI sector can open up opportunities in new industries, including agricultural exports and tourism. These can endure long beyond the exhaustion of the resources of the initial anchor project. If one were to seek a single justification for supporting the EI sector in low- and middle-income countries, in spite of the undeniable risks discussed in various chapters of the Sourcebook, this could be the most persuasive. It is addressed in section 9.3. It should

CHAPTER 9: SUSTAINABLE DEVELOPMENT IMPLEMENTATION

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10.1 Environmental and Social Institutional Arrangements

3min
page 316

10.6 Response 3: Accountability—Stakeholder Consultation and Participation

3min
page 315

10.5 Response 2: Effective Implementation, Monitoring, and Enforcement

3min
page 314

10.4 Response 1: Appropriate and Adequate Rules

3min
page 313

Notes

6min
pages 303-304

9.11 Goal Setting and Community Participation

11min
pages 298-300

9.7 Summary and Recommendations

7min
pages 301-302

9.10 Social Impacts: Special Issues

3min
page 297

9.9 Essentials of a Good Environmental Protection Regime

19min
pages 292-296

9.8 Challenges Associated with Artisanal and Small-Scale Mining (ASM

3min
page 291

9.6 The Responses

7min
pages 289-290

9.7 Decommissioning and Environmental Protection Plans

3min
page 288

9.5 Tools: Legal and Regulatory

30min
pages 280-287

9.6 Potential Opportunities Generated by ASM

3min
page 279

9.5 Reframing the ASM Debate: Integrating It into the EI Value Chain

3min
page 278

9.3 The Deepwater Horizon Oil Spill

11min
pages 273-275

Areas and Critical Ecosystems (PACE

7min
pages 276-277

9.4 Challenge 2: Environmental and Social Impacts

4min
page 272

9.2 Objectives of the Parties to an Infrastructure Project

2min
page 271

9.1 Liberia: Open Access Regime in Mineral Development Agreements

11min
pages 268-270

Investments Create Positive and Sustainable Impacts

23min
pages 262-267

9.2 Two Key Challenges

3min
page 261

8.4 Civil Society–Led Initiatives

3min
page 252

8.5 Private Sector–Led Initiatives

3min
page 253

8.6 Emerging Global Norms and Standards

3min
page 251

8.3 The Seven Requirements of the EITI Standard

5min
pages 249-250

8.5 Transparency Initiatives

3min
page 248

8.2 EIs and Social Accountability

2min
page 247

8.4 Challenges and Special Issues

3min
page 244

8.1 Balancing Transparency Interests: Opposing Dodd-Frank

7min
pages 245-246

Other Resources

1min
pages 238-240

8.2 Definition and Scope

3min
page 242

8.3 The Benefits of Transparency

3min
page 243

Notes

8min
pages 232-233

7.4 Examples of Revenue-Sharing Formulas

17min
pages 226-230

7.9 Revenue Allocation and Subnational Issues

3min
page 225

7.8 Spending Choices and Use of Government Revenues

16min
pages 221-224

7.7 Alternative Means of Addressing Volatility

4min
page 220

7.6 Addressing Volatility: Stabilization Funds

3min
page 218

7.3 Stabilization Funds: The Experience of Chile

3min
page 219

7.5 Alternative Means of Addressing Fiscal Sustainability

7min
pages 216-217

7.2 Savings Funds: Four Examples

6min
pages 214-215

7.3 Consume or Save?

10min
pages 205-207

6.5 What a Well-Designed Fiscal Regime Must Do

3min
page 197

7.1 Botswana and Chile: Experiences with Fiscal Rules

3min
page 208

7.2 Why Revenue Management is Difficult

3min
page 204

6.4 Routine Tax Administration: Challenges

7min
pages 194-195

6.7 Summary and Recommendations

3min
page 196

6.6 EI Fiscal Administration

3min
page 193

6.5 Special EI Fiscal Topics and Provisions

27min
pages 186-192

6.3 Elements for Action on Taxation of Transfer of EI Interest

3min
page 185

6.4 Main Fiscal Instruments under a Fiscal Regime

20min
pages 175-179

6.1 Forms of State Participation

13min
pages 180-183

6.2 Key Fiscal Objectives

13min
pages 170-173

6.3 The Main Types of EI Fiscal Systems

3min
page 174

5.4 Summary and Recommendations

3min
page 164

5.8 Unitization in Maritime Waters

32min
pages 156-163

5.6 Petroleum Sector Reform in Brazil

3min
page 150

5.5 Petroleum Reform in Colombia

3min
page 149

5.1 Institutional Structure: The Ministry and the Regulatory Agency

22min
pages 138-143

5.2 Mining Participation

3min
page 144

5.2 Organization in the Public Interest

5min
pages 136-137

5.3 NRC Success Stories

11min
pages 145-147

5.4 Petroleum Technical Assistance to South Sudan

3min
page 148

Notes

12min
pages 128-130

4.13 Taking Action: Recommendations and Tools

4min
page 127

4.12 Summary

4min
page 126

4.11 Disputes: Anticipating and Managing Them

8min
pages 122-123

4.11 Claims under Bilateral Investment Treaties (BITs

7min
pages 124-125

4.10 Contract Negotiations

3min
page 121

4.10 The Four Main Forms of Stabilization Clause

3min
page 120

4.9 Investment Guarantees: Stabilization

4min
page 119

4.8 Why Regulations Are Necessary

7min
pages 117-118

4.9 Geodata

23min
pages 111-116

4.7 The Award of Contracts and Licenses

3min
page 110

4.6 Contractual Provisions for Natural Gas

16min
pages 104-107

4.7 Model Mining and Development Agreement

3min
page 108

4.5 Local Benefit: The Kazakhstani Experience

7min
pages 102-103

4.4 Local Benefit

3min
page 101

4.8 Practices to Avoid

3min
page 109

4.6 Contracts and Licenses

31min
pages 93-100

4.5 Hydrocarbons and Mining Laws

27min
pages 86-92

4.3 Deep-Sea Mining

3min
page 85

4.2 Licensing across Shifting International Borders

3min
page 84

4.4 Policy Priorities

11min
pages 81-83

4.3 Eight Key Challenges

3min
page 80

4.1 Sovereignty over Natural Resources

3min
page 79

4.2 Getting Started: Facts of EI Life

3min
page 78

Other Resources

4min
pages 73-76

3.4 Convergence of Mining and Hydrocarbons?

16min
pages 67-70

3.3 Key Differences of the Industries

7min
pages 62-63

3.2 Features Specific to the Oil and Gas Sectors

2min
page 65

3.1 Key Differences between the Petroleum and Mining Sectors

3min
page 64

3.2 Common Features of the Industries

7min
pages 60-61

References

13min
pages 53-56

Other Resources

1min
pages 57-58

Notes

8min
pages 51-52

2.6 Conclusions

4min
page 50

1.2 The EI Value Chain

11min
pages 31-33

1.5 Our Approach

3min
page 34

1.4 Bridging the Knowledge Gap

3min
page 30

2.2 The Opportunities Arising from Resource Abundance

8min
pages 40-41

2.1 Changing Perspectives: Reframing the ASM Debate

3min
page 42

1.2 The Demand for Knowledge

4min
page 24

2.4 Understanding the Challenges: Changing Perspectives

8min
pages 47-48

2.5 Applying New Insights

4min
page 49
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