Oil, Gas, and Mining

Page 276

of the 2015 Paris Agreement on climate change has lent urgency to the practical impacts of government actions for mining and other EI companies. Areas of Particular Vulnerability. Governments may wish to protect certain terrestrial or marine areas of physical beauty or uniqueness, for maintenance of biodiversity, for protection of game, or for cultural heritage. Mining activities may be prohibited or permitted in these protected areas subject to rules and conditions. The International Union for the Conservation of Nature and Natural Resources (IUCN) defines a protected area as “a clearly defined geographical space, recognized, dedicated and managed, through legal or other effective means, to achieve the longterm conservation of nature with associated ecosystem services and cultural values.”26 It can include a national park or wilderness area, a community conserved area, or nature reserves. There are also areas of high conservation value that do not yet have protected status but which may nonetheless be worthy of it. UNESCO’s World Heritage Sites are a starting point for designating areas in which mining would not be allowed. They are globally significant and must be left inviolate. The International Council on Mines and Minerals (ICMM) has agreed that such areas should be sacrosanct and encourages its members not to mine in them. In Africa, for example, mineral operations in equatorial forest areas (rich in biodiversity) have been particularly controversial. It has been estimated that the global network of protected areas stores at least 15 percent of terrestrial carbon.27 ASM is a particular problem for such areas, since it frequently encroaches into remote, pristine, protected areas, as the ASM–Protected Areas and Critical Ecosystems (PACE) program revealed (see box 9.4). A source of tension can arise between the short-term needs of governmental authorities and the influence of mining companies, on the one hand, and legitimate environmental concerns, on the other. This is a “charged context for decision making” (International Study Group 2011, 52). Social impacts

Social impacts from the EIs vary according to the life cycle of the project. They can be positive as well as negative— positives can include job creation, education and skills development, fostering of urban and trade centers, and investment in the improvement of local infrastructure and services. The challenge is to ensure that these positive impacts are sustainable.

256

OIL, GAS, AND MINING

Box 9.4 Work of ASM-PACE Project: Artisanal and Small-Scale Mining (ASM)—Protected Areas and Critical Ecosystems (PACE) ASM-PACE began as a partnership between Estelle Levin Limited and the World Wide Fund for Nature (WWF) to address the environmental impacts of ASM in some of the world’s most important ecosystems. Active since 2010, the program is focused, as its name says, exclusively on addressing the impacts of ASM in protected areas and critical ecosystems. ASM occurs in or impacts a wide range of critical ecosystems, including arctic landscapes (for example, Greenland), tropical rainforests (Brazil and Gabon), and coral reefs (the Philippines). It is practiced in approximately 80 countries and in 32 of 36 countries ASMPACE has studied—and in or around 96 of 147 of the protected areas in those 36 countries. Affected sites include at least 7 natural World Heritage Sites and at least 12 WWF Priority Landscapes.

Some issues are common to oil, gas, and mining projects: community relations, rights of indigenous peoples, the acquisition of land and resettlement, human rights abuses, and community dependency, among others. Those social impacts that are more usually associated either with oil and gas or mining are addressed separately in the sections that follow. The impacts of each can differ. For example, the financial flows from royalties and taxes will be orders of magnitude greater in oil and gas than in mining, and the physical footprint from oil and gas extraction will usually be less than for solid mineral extraction, even though oil or gas infrastructure and processing plants take up land space. The impact of pipeline networks will be more linear in impact than with any comparable mining structures. The impact on employment will be less in oil and gas than in mining. Common issues Community Relations. Given the high impact of extractives projects on the surrounding area, there have been instances when relations between investors and governments with local communities have been fraught with tension. Without a so-called social license to operate, or the free and informed consent of the communities concerned, the risk is that the project will become hard and even impossible to run. Oil operations in the Niger Delta are an infamous example of


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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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