Oil, Gas, and Mining

Page 315

and actions taken to prevent reoccurrence. Where possible, the environmental authority should maintain staff at operations on a permanent basis. In presenting their plans for approval by government, oil, gas, and mining sector project sponsors may be reasonably required to demonstrate that they have the organizational capacity to comply with social and environmental impact laws and regulations and with undertakings given in the environmental and social management plan and the closure plan. Environmental performance data should be provided to government by the operator of the project. Environmental performance data should also be provided to local communities in the local language with annual updates.

Capacity building

Much has been said about the importance of capacity building in making good governance feasible. One area requires further emphasis, however. Many countries have limited environmental oversight and enforcement capacity. Governments should make every effort to see that their environmental agencies have sufficient staff with adequate knowledge and experience of all the key sectors of the economy, including the oil, gas, and mining sector. They must have adequate budgets for both wages and other costs (such as computers, data, record-keeping systems, vehicles, and operational travel) in order to be able to hire and retain competent staff, provide training, and have a strong presence on the ground, including at mine sites. Very close collaboration is needed between the environmental authority and the technical staff at the EI sector ministry in reviewing and approving environmental and social impact assessments and environmental and social management plans. This can help compensate for a lack of capacity in countries with weakness in environmental areas and environmental staff that have only limited experience or knowledge of the oil, gas, and mining sector (Alba 2009, 8). Social aspects

In more advanced developing countries, where there is a social ministry or a women’s ministry, these ministries should be responsible for social and gender issues. However, in countries where such dedicated ministries do not exist, social and gender issues should be the mandate of whichever agency has responsibilities that include such matters, or, if this does not exist, then whichever agency has the most expertise or was most involved in establishing social

mitigation measures and local development initiatives for the oil, gas, or mining sector project (Liebenthal, Michelitsch, and Tarazona 2005, 170). Potentially, as in South Africa, the Department of Mineral Resources is the coordinating agency. Monitoring and reporting

Good practice calls for both internal and external auditing of the EI project sponsor’s compliance with measures, promises, and obligations made on undertakings throughout the project life, and regular public reporting of those audits. This requires the environmental authority and the oil, gas, and mining sector ministry to work together to have in place a well-defined and comprehensive monitoring program that identifies serious or potentially serious environmental issues. These can include impacts on water quality and availability, protection of biodiversity and natural habitats, safe handling and storage of hazardous materials, and interventions in place to reduce risks.

10.6 RESPONSE 3: ACCOUNTABILITY— STAKEHOLDER CONSULTATION AND PARTICIPATION

Successful and sustainable oil, gas, and mining sector management depends upon the participation of all key stakeholders—parliament, the executive, industry (including national resource companies), international financial institutions and other investors, civil society, and citizens. While objectives and focus may differ among stakeholder groups, constructive and successful models of collaboration are emerging. In addition to the extensive discussion in chapter 9, see box 10.1 for an example of environmental and social institutional collaboration. Identifying stakeholders, seeking their participation, and consulting with them in reform or good governance agendas across all links of the EI Value Chain have proven critical to the successful management of the oil, gas, and mining sectors and their impacts. In conflict areas, this has proven to be a particular challenge (see chapter 2, sections 2.3 and 2.4). Who are the stakeholders?

The principal stakeholders in the EI Value Chain have been described in the preceding chapters of the Sourcebook. Each deserves to be consulted in any matter with an important bearing on oil, gas, and mining sector management, and each, at the same time, should be expected to

CHAPTER 10: WHY GOVERNANCE MATTERS

295


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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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