Oil, Gas, and Mining

Page 272

The first refers to a multiuser approach in which several companies in a region develop or use common infrastructure. This can lead to economies of scale among the various companies and increase tax revenues to the government. The second refers to a multipurpose activity, where nonmining users share the infrastructure with the mining company. This also offers efficiencies in terms of access to water, energy, transportation, and telecommunications services, all of value to economic development in the region. The viability of a shared-use concept is dependent on ownership structures. Companies that have built their own infrastructure or bought it from a predecessor are unlikely to be willing to share it. For infrastructure that is strategic to the extractives operation, such as ports or railways, a shared-use approach may constrain capacity or entail high costs of coordination. Where such infrastructure is nonstrategic or less so, flexibility can be expected. An alternative model of ownership would involve ownership by a third party or a state-owned company. The government will be better able to limit exclusive access to a particular company. The trade-off is that the project may be developed more slowly as a result. A government demand for such access is also likely to lead to a less favorable deal on fiscal terms. It is important to note the differences in opportunity between various minerals. For example, a bulk commodity such as coal or iron ore will require the development of railways, while gold extraction will require only roads but correspondingly more access to water resources. Similar differences will arise with respect to energy demands. This will have an impact on demand patterns for third party access to infrastructure. 9.4 CHALLENGE 2: ENVIRONMENTAL AND SOCIAL IMPACTS

The conventional view is that the environmental and social footprint of mining is greater than that of the hydrocarbons sector. With the rapid expansion of the hydrocarbons sector in the early 21st century into many new countries around the world, both on land as well as in offshore waters, this view needs revision. During this period, many oil and gas companies have joined the international mining industry in designing and publicizing best practices in these areas. Sometimes the results have even been published jointly. In the following subsections, the range of potential impacts are enumerated, first with respect to environmental

252

OIL, GAS, AND MINING

subjects and second with respect to social issues. In each case, those which are peculiar to oil and gas, and those peculiar to mining are noted, even though in the real world overlaps exist, and where possible these have been highlighted. Also noted are the different points in the life cycle of an investment at which they are likely to materialize and/ or at which efforts need to be undertaken to mitigate and prevent them. In practice, environmental and social impacts will often be managed together rather than separately, but for analytical purposes, they are on the whole treated separately in the sections that follow. A legally binding approach to management of environmental risks with penalties for noncompliance is common, but for social issues this is less usual. The reason is that environmental risks are well understood and measurable, so that the compliance criteria can be clearly defined. Social impacts however, tend to be more complex and as a result are not always subject to quantification or empirically measured compliance criteria. The environment

Good practice in managing environmental impacts of extractives activity involves the continued and dynamic development of an overall sector policy framework. An important part of that framework should concern how to address social and environmental impacts, health and safety, and the interests of internal stakeholders such as employees and contractors. Protection of vulnerable groups such as children should also play a role in the overall policy framework. Identification of the likely or actual impacts of an oil, gas, or mining project is clearly one of the first orders of business, since the goal will be to avoid or at least minimize negative impacts and to maximize the potential positive impacts. Some impacts may be readily defined, while others are less known or are contingent on what may actually occur in the affected areas, and indeed they are dependent on whether an initial investment moves on from the exploration stage to full development. Even so, the process of identifying impacts is generally more straightforward for environmental than social concerns because they are at present better understood. Social impacts are more complex and elusive, and the tools for addressing them less tested than those for environmental impacts. Environmental impacts take place along the entire EI Value Chain, but they will vary in their impacts according to the life of the project. Depending on the kind and size of extractives activity, and also their location and the


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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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