Oil, Gas, and Mining

Page 262

also be noted that opening up infrastructure can result in the destruction of biodiversity and ecosystem integrity. The environment and social question

The development of either the mining or the hydrocarbons industry entails risks but also benefits to the environment and always imposes costs in some measure. The importance of planning ahead to maximize the benefits, minimize the risks, and manage the impact of EI activity on the environment is much better understood in the 21st century than it was before. The overabundance of toolkits, guidance, and standards shows both an appreciation of the problems and a confidence that preproject preparation can bring about benefits. Alternatively, it may demonstrate a concern about poor standards that influenced decision making in the past. However, in spite of greater knowledge, environmental and social questions remain enormously challenging, particularly when extractives activity occurs in sensitive or protected environments such as rainforest or coral reefs. (Areas needing attention can be expanded to include ecologically vulnerable environments; regions increasingly affected by climate change and prone to droughts and floods; or regions already depleted from previous exploration or extraction.) We cannot assume that mining should and will happen in all of these areas; it should not be allowed at all. Evidence of oil spills from tankers, pipelines or wells; of gas leaks; of mineral excavation; and even of disasters is all too abundant, in spite of important advances in technology and significant efforts by the respective industries. Damage may be long term and possibly irreversible. This is discussed in sections 9.4 to 9.5). The potential impacts of EI development on local communities, indigenous peoples, and women are much better understood now than in the past but still require determined action by policy makers—and enforcers—to be translated into benefits and, where there are risks, to take preventive and remedial measures. In particular, there is greater appreciation of the risks to vulnerable and disadvantaged groups in society who, by definition, are likely to have little impact on the design of policies. Based on all the foregoing considerations, governments have to decide whether or not to allow EI sector development. The decision should be guided by a comprehensive cost-benefit assessment and extensive public consultation incorporating best estimates of the social and environmental trade-offs of development.

242

OIL, GAS, AND MINING

9.3 CHALLENGE 1: DESIGNING AND IMPLEMENTING POLICIES TO ENSURE THAT EI SECTOR INVESTMENTS CREATE POSITIVE AND SUSTAINABLE IMPACTS The problem

Substantial research and debate has focused on the role of public policy in leveraging EI investments to create longterm benefits to the host country.2 To some extent this level of interest is a reaction against previous thinking about development, in which the dominant policy objectives, recommended and often followed, were the attraction of inward investment and the use of oil, gas, and mining resources as a way of generating revenue. Not infrequently the benefits have enriched local elites at the expense of the general population, in contrast to the often implicit assumption that they would trickle down. The results of that narrowly economic focus are not generally regarded as having established a springboard for development.3 Instead of offering a range of benefits, extractives operations have all too often acquired an “enclave” character. They have been located in remote inland or offshore places far from the major population centers, and the economic development they have generated has been limited to a very tightly defined geographical area around the project. Moreover, the project has often involved a single company or consortium, managing a particular operation that is overwhelmingly dominant in the national economy. However, times have changed. In terms of environmental and social performance, operating “out of sight and out of mind” is no longer possible in the era of social media and instant news coverage. The focus among some governments and their advisers has shifted to finding ways of embedding the extractive activities in the evolving local economy, guided by broad plans for economic growth in the countries that host them. The African Mining Vision (AU 2009) has been a seminal document in this evolution in thinking, most recently by introducing a Private Sector Compact. It is based on the idea that the mining sector in Africa has to be evaluated on a regular basis in terms of its contribution to long-term development goals. It is a small step from this to giving greater weight to the use of EIs like mining to assist in the development of economic links and diversification. The assumption, sometimes explicit but always present, is that the EIs have the potential to provide this leverage for development purposes. However, to achieve sustainable and long-term benefits, these opportunities need to be consciously identified and pursued.


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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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