Documente Academic
Documente Profesional
Documente Cultură
Prepared by:
Integrated Environments (2006) Ltd.
Calgary, Canada
DAppolonia SpA.
Genoa, Italy
Prepared for:
World Bank Group Norwegian Agency for Development Cooperation (NORAD)
September 2009
Disclaimer: The information presented in this document has been compiled and interpreted exclusively for the purposes of the World Bank and the Norwegian Agency for Development Cooperation (NORAD) by Integrated Environments (2006) Ltd. (IEL) and DAppolonia SpA. (DAppolonia) in accordance with conditions specified by contract. IEL and DAppolonia have exercised reasonable care, skill and due diligence to assess the data and information reviewed during the preparation of this report, but makes no specific warranties or guarantees regarding the completeness and accuracy of this information. The contents of this report are based on, and limited by, the circumstances and conditions stated herein, the results of surveys and interviews, and upon publicly accessible information available at the time of its completion. The professional opinions, recommendations and guidance expressed in report are based on the information reviewed and expertise of the consultant team.
Table of Contents
1 2 EXECUTIVE SUMMARY ...............................................................................................................7 BACKGROUND ......................................................................................................................... 11 PETROLEUM GOVERNANCE INITIATIVE (PGI) ................................................................................................... 11 WORLD OIL DEMAND AND ENVIRONMENTAL GOVERNANCE .............................................................................. 12 PREPARING THE PGI SURVEY .................................................................................................... 15 DEVELOPMENT OF THE SURVEY QUESTIONNAIRE .............................................................................................. 15 ESTABLISHMENT OF A BENCHMARK TEMPLATE ................................................................................................. 15 SELECTION OF SURVEY COUNTRIES ................................................................................................................. 18 SELECTION OF KEY THEMES ........................................................................................................................... 19 SURVEY ADMINISTRATION ............................................................................................................................ 20 SURVEY LIMITATIONS ................................................................................................................................... 21 SURVEY RESULTS CAUSAL RELATIONSHIPS ............................................................................. 23 OIL PRODUCTION VERSUS PETROLEUM GOVERNANCE ....................................................................................... 23 GROSS NATIONAL INCOME ........................................................................................................................... 24 HUMAN DEVELOPMENT INDEX ...................................................................................................................... 26 SURVEY RESULTS BY THEME ..................................................................................................... 27 IMPROVING THE LEGAL, CONTRACTUAL AND REGULATORY FRAMEWORK.............................................................. 27 STRENGTHENING INSTITUTIONS AND THEIR GOVERNANCE CAPACITY ................................................................... 28 EXPANDING PUBLIC CONSULTATION AND DISCLOSURE ...................................................................................... 30 ELIMINATING BARRIERS TO INFORMATION ....................................................................................................... 31 OPTIMIZE THE ENVIRONMENTAL IMPACT ASSESSMENT PROCESS ......................................................................... 32 EIA Approval Process, Screening and Scoping .................................................................................... 33 EIA Content and Approach ................................................................................................................. 33 Project Siting ...................................................................................................................................... 35 Ensuring Effective EIA Monitoring and Follow-up of Agreed Environmental Management Plans .... 35 IMPROVING REGULATORY ENFORCEMENT ....................................................................................................... 36 INCORPORATING BEST ENVIRONMENTAL PRACTICE AND TECHNOLOGIES .............................................................. 38 UNDERSTANDING FUTURE LIABILITY AND RECLAMATION COSTS .......................................................................... 38 KEY FINDINGS .......................................................................................................................... 41 SURVEY DELIVERY........................................................................................................................................ 41 LEGAL, REGULATORY AND CONTRACTUAL FRAMEWORK..................................................................................... 42 INSTITUTIONAL STRENGTHENING OF GOOD GOVERNANCE ................................................................................. 43 ENVIRONMENTAL ASSESSMENT PROCESS ........................................................................................................ 43 PUBLIC INVOLVEMENT, DISCLOSURE AND ACCESS TO INFORMATION .................................................................... 44 PRIVATE SECTOR INVOLVEMENT IN BEST ENVIRONMENTAL PRACTICE .................................................................. 46 DECOMMISSIONING, ABANDONMENT AND LIABILITY ......................................................................................... 46 RECOMMENDATIONS ............................................................................................................... 47
REFERENCES ............................................................................................................................ 51
List of Tables
Table 3-1: Selection of Survey Countries ..................................................................................... 18 Table 3-2: Criteria for Selection of Benchmark Countries ........................................................... 17
List of Figures
Figure 2-1: World Oil Production 2007-2030................................................................................ 13 Figure 4-1: Oil production against PGI survey score..................................................................... 24 Figure 4-2: Gross National Income against PGI survey score ....................................................... 25 Figure 4-3: Human development index (HDI) against PGI survey score ....................................... 26 Figure 5-1: PGI Scores - Legal, Regulatory and Contractual Framework ...................................... 28 Figure 5-2: PGI Scores for Institutional Capacity .......................................................................... 29 Figure 5-3: PGI Scores - Public Consultation and Disclosure ........................................................ 30 Figure 5-4: PGI Scores Environmental Information Systems ..................................................... 32 Figure 5-5: PGI Scores EIA Approval, Screening and Scoping .................................................... 34 Figure 5-6: PGI Scores EIA Content and Approach .................................................................... 35 Figure 5-7: PGI Scores Ensuring EIA Monitoring and Follow-Up ............................................... 36 Figure 5-8: PGI Scores Enforcement, Best Practice Standards and Risk Management ............. 37 Figure 5-9: PGI Scores Decommissioning and Abandonment ................................................... 40
List of Appendices
Appendix 1: Survey Questionnaire ............................................................................................... 55 Appendix 2: Survey Results ........................................................................................................... 84
Abbreviations
ARPEL BP CAPP CASRO EIA EITI EMS EU GDP GNI HDI IAIA IEA IFC IPIECA IEL Mb/d NORAD OECD PGI PPP UN WBG Regional Association of Oil and Natural Gas Companies in Latin America and the Caribbean British Petroleum Canadian Association of Petroleum Producers Council of American Survey Research Organizations Environmental impact assessment Extractive industries transparency initiative Environmental management system European Union Gross domestic product Gross national income Human development index International Association for Impact Assessment International Energy Agency International Finance Corporation International Petroleum Industry Environmental Conservation Association Integrated Environments (2006) Ltd. Million barrels per day Norwegian Agency for Development Cooperation Organization for Economic Cooperation and Development Petroleum governance initiative Purchasing power parity United Nations World Bank Group
Acknowledgements
The authors of this publication are consultants Miles Scott-Brown of Integrated Environments (2006) Ltd., Calgary, Canada, and Marcello Iocca of DAppolonia SpA, Rome, Italy. Eleodoro Mayorga Alba, Principal Petroleum Economist from the Oil Gas and Mining Policy Unit (COPCO) of the World Bank was the Task Team Leader. We wish to thank the many participants that contributed towards this project in the 32 target and benchmark countries surveyed. The group contribution in each country was both essential and integral in completing the summary version of each survey, representing a snapshot of country governance. Other World Bank staff involved in the development and review of this project includes Mohammed Bekhechi, Harvey Himberg, Marcelo Acerbi, Hocine Chalal, and Michael Levitsky. The contribution of consultants who assisted the core team is also greatly appreciated including Fernando Rodriguez, Michael McWalter, Joseph Akpokodje, Peishen Wang, Maged Mahmoud Hamed, Yahya Albadwi and Marcia Oliveira. The consultant team also wishes to thank the contribution, time and effort of World Bank staff in Angola, Argentina, Gabon, Cameroon, Colombia, Congo-Br, Mauritania and Peru for organizing survey logistical arrangements. Finally, the authors wish to thank the Oil for Development program of NORAD who provided funding for the projec
1 Executive Summary
The Petroleum Governance Initiative (PGI) is a joint effort of the Government of Norway and the World Bank Group to provide assistance to oil producing nations to allow for effective environmental and social management of oil and gas development. As part of the Environmental Pillar, or theme, this report summarizes the results of a survey of national governments as to how they manage the environmental and social impacts of oil and gas projects. The focus of the project is to measure environmental and social performance of national governments against a benchmark standard, derived from five countries, representing a compendium of best management practices for minimizing the impacts of oil and gas activity. The outcome of the project is to identify areas where the World Bank can provide assistance to improve environmental governance and management systems, particularly in those developing countries undergoing rapid oil and gas industry development, where resource revenues form a major portion of GDP. Five pilot countries were selected to pre-test and further refine the questionnaire - Angola, Colombia, Gabon, Azerbaijan and Mauritania. In addition, a total of 29 countries were initially approached, of which 27 countries participated in the survey, across four regions - Latin America and Caribbean, Sub- Saharan Africa, Middle East and North Africa and Asia & Pacific. The survey was completed using on-line survey software and survey questionnaires were translated into French, Spanish, Russian and Portuguese. Five pilot countries were selected to pre-test and further refine the questionnaire - Angola, Colombia, Gabon, Azerbaijan and Mauritania. The survey assessed governance of the oil and gas industry for the following ten general themes: Improving the Legal, Contractual and Regulatory Framework Strengthening Institutions and their Governance Capacity Expanding Public Consultation and Disclosure Improving Environmental Impact Assessment (EIA) Beyond the Approval Stage Ensuring Effective Monitoring and Follow-up of Agreed to Environmental Management Plans Improving Regulatory Enforcement Eliminating Barriers to Information Incorporating Best Environmental Practice and Technologies Understanding Future Liability and Reclamation Costs Managing Greenhouse Gas Emissions
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Surveys were sent to government, industry and civil society representatives. A single version of the survey was consolidated for each country, representing a compendium of the opinions of the survey respondents, and the professional opinion of the consultant team. Statistically, the results may not be entirely valid for an individual country, but taken as a whole, they represent a valid research effort to identify the most serious gaps of the environmental governance system in oil producing developing nations. Key findings of the survey are as follows: 1. Environmental protection is considered to be a key component of good governance. As countries become richer in terms of economic growth, concern for environmental protection becomes more evident. 2. The results of the survey show that in the majority of countries surveyed, a sufficiently appropriate, but largely theoretical, environmental policy and legal framework is in place for managing impacts of the oil and gas industry. Most governments of emerging oil producers have a dedicated institution for managing the environmental and social impacts of the oil and gas sector. In most cases, the principles of their regulatory system are those already adopted in more developed countries, largely transposed into national legislation. Oil and gas operators, in particular those large oil companies with an established environmental policy, prefer to operate in countries where a modern regulatory system is implemented. 3. There is a large variability across all survey countries as to how the environmental impact assessment (EIA) process for oil and gas activities is implemented. Overall, most countries have some form of EIA process that has been incorporated within their regulatory framework. However, much of the emphasis of the EIA process appears directed towards the approval of oil and gas projects, rather than to a life cycle approach for minimizing environmental and social impacts. Particularly lacking are a systematic involvement of the public and local stakeholders, access to baseline environmental and social information in the project affected area, and the analysis of project alternatives and cumulative regional impacts beyond the project level. 4. Monitoring and project follow-up are considered part of the EIA regulatory framework enforced in the majority of surveyed countries. Nevertheless, actual enforcement practices are inadequate, monitoring is insufficient and reported data is not disclosed. Most countries show an insufficient, sometime totally absent control and enforcement mechanisms during the post-EIA approval phase. 5. While governments may consult about oil and gas activities, they disclose little to the public and affected stakeholders. Governments generally choose to inform stakeholders rather than involve them in decisions regarding oil and gas development. The impact of
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the public consultation process on the ability to affect decisions regarding oil and gas projects is unclear. 6. Similarly, there are significant barriers to the disclosure of information about oil and gas projects and the natural and social environments in which they occur. In a global information age, efforts are needed to improve access to information. Most governments lack a policy about how information about oil and gas projects is to be disclosed or disseminated to the public and affected stakeholders. They also lack a clear commitment to responding to project stakeholders in a timely and effective manner and to establish and implement a centralized information system for dissemination of information concerning oil and gas development. 7. Governments generally lack a mechanism to require oil and gas companies to adhere to the regulatory framework for managing environmental and social impact. An ongoing dialogue with industry and local stakeholders could help governments incorporating changes and introducing best environmental practice into national environmental regulations. 8. Finally, governments should pay more consideration to decommissioning and abandonment of oil and gas facilities and their associated liability costs. Indeed, more attention is paid to granting approval to proceed with oil and gas projects today, rather than considering what are the long terms impacts and costs of these projects at some time in future. Recommendations to the Bank arising from the PGI survey include the following: 1. Undertake a gap analysis in specific countries as a further refinement of the survey. Country diagnostics could be undertaken as part of project preparation. 2. Undertake a gap analysis at a regional level in order to identify the most appropriate mechanism for institutional strengthening of environmental governance, enabling development of a common coherent and consistent environmental and social regulatory system, while at the same time optimizing resource development. 3. Improve country capacity in EIA monitoring and follow-up through training, workshops, and case studies on the job training is preferred to make use of real world experience and to maximize the benefit of capacity building. 4. Promote the development of outsourcing of monitoring and EIA review capacities. 5. Improve the consultation and outreach process to develop and build trust between industry, governments and local communities look at creative mechanisms such as shared
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regional development plans or impact benefit agreements to ensure that producing regions benefit economically from oil and gas and that social conditions are improved and not impaired. 6. Support the development of regional information systems for disseminating environmental and social information relating to proposed oil and gas development. 7. Support an approach for management of environmental liabilities arising from oil and gas development, such as an overarching regulatory and accounting framework, assistance in the determination of liability costs and their assignment, understanding of decommissioning, closure and abandonment procedures. 8. Delivery of training programs for key themes identified as part of the PGI survey.
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2 Background
Petroleum Governance Initiative (PGI)
The Petroleum Governance Initiative (PGI) is a bilateral collaboration of the Government of Norway and the World Bank Group (WBG) aimed at achieving structured cooperation on petroleum sector governance issues. In particular, it is designed to provide support to petroleum producing countries in the implementation of appropriate petroleum governance frameworks, including resource and revenue management, linkages to the effective management of environmental, social and community issues arising from oil and gas development, and fostering mechanisms for community development and benefits in oil producing regions. Petroleum is a key economic sector in many developing countries. However, given weak institutional structures and lack of local competence to manage petroleum resources, it is often a challenge for many of these countries to avoid the resource curse how to translate petroleum resources and revenues into improved living conditions and sustainable economic growth, while fostering environmental protection and minimizing the social impacts of a resource boom economy. This topic is the subject of considerable debate (Brunnschweiler, 2008; Gary & Karl, 2003; Karl, 1997; ODI, 2006; Overseas & Institute, 2006; Pegg, 2006; Sachs & Warner, 1999, 1999 revised, 2001). The PGI covers three general themes, or pillars, that addresses issues of transparency and economic responsibility, environmental sustainability and responsible community development. These three PGI pillars are as follows: Pillar 1 - Petroleum sector governance and petroleum revenue management; Pillar 2 - Environment; and Pillar 3 - Community development. Pillar 2 of the PGI (Environment) involves four main activities: Assessment of environmental governance and management systems in oil producing countries (this report); A strategic environmental and social assessment of oil and gas activity in Mauritania, highlighting West Africa coastal and marine zones and the application of environmental regulations to petroleum sector operations;
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Workshops and a toolkit on decommissioning and abandonment of oil and gas operations; and Specific in-country assistance in environmental management on a case-by-case basis.
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The web-based survey tool selected was Survey Monkey - see www.surveymonkey.com. The survey is also presented in Appendix 1.
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Norway representative of best practices for offshore production of oil and gas and would incorporate UK off-shore practices (Kinn, 1999; Lind, 1983); Italy incorporation of EU standards; Malaysia large oil and gas producer in South Asia; and Brazil large oil and gas producer in South America. Criteria for the selection of benchmark countries are shown in Table 3-1. Benchmark responses for each question were derived by three means: By direct survey means (Brazil and Norway); By opinion of knowledgeable experts (Italy and Canada); and By literature review and Internet survey (Malaysia). It should be noted that the benchmark template represents a best practice ideal for survey comparison purposes only. An optimal environmental governance framework for a given oil and gas producing country should be designed, adopted and implemented taking into consideration each countrys specific environmental constraints, proposed oil and gas projects, the regulatory and legal framework and institutional capacity. Five pilot countries were selected to pre-test the questionnaire, and to further refine the survey approach. The pilot countries were Angola, Colombia, Gabon, Azerbaijan and Mauritania. In each pilot country, contacts were made with various representatives of government, industry and civil society, in order to solicit support in completing the questionnaire. The questions were discussed with potential respondents as to their clarity and suitability in assessing petroleum governance. In some cases, where further clarification was required, the questionnaire was modified and this version was used for all subsequent surveys.
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Country
Selected
Canada USA
OECD
Norway
Italy UK Malaysia
No 0.11 No 0.8
No Duplicate with Norway No Suggested survey country More information needed No Suggested survey country More information needed No Suggested survey country
Kuwait
Less
Onshore
Asia
Somewhat accessible
Non-OECD
South Africa
Moderate
No 0.23
Offshore Onshore and Offshore Onshore and Offshore Onshore and Offshore
Africa
Somewhat accessible
Algeria
Less
Africa
Less Accessible
Brazil
Moderate
South America
Somewhat accessible
Mexico
Low to Moderate
Central America
Moderately accessible
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Asia/Pacific
Mexico
Yemen
Gabon
China
3 The Eastern Europe and Central Asia region were combined with the Asia & Pacific region, as only one representative,
Azerbaijan, was included 4 No other OPEC countries were selected as they do not receive World Bank assistance
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Asia/Pacific
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Expanding Public Consultation and Disclosure Improving Environmental Impact Assessment (EIA) Beyond the Approval Stage Ensuring Effective Monitoring and Follow-up of Agreed Environmental Management Plans Improving Regulatory Enforcement Eliminating Barriers to Information Incorporating Best Environmental Practice and Technologies Understanding Future Liability and Reclamation Costs Managing Greenhouse Gas Emissions A further description of these themes is provided in Section 4.
Survey Administration
The procedure for administration of the survey questionnaire was as follows: Contact was made with the local World Bank office in each country and invitation letters, if required, were made to local government institutions; Individuals from government, industry and civil society and their appropriate affiliation or institution were contacted to set up interviews; The survey was discussed with potential respondents, and if in agreement, a timeline for completion made; Background information pertaining to the legal and regulatory framework and local operating environment was collected; Respondents were provided the opportunity to complete the on-line survey or a Word version in one of five languages; In the case of the on-line survey, respondents were sent a survey link to their specific email address. This provides access to only one individual and helps maintain confidentiality and anonymity of the survey; Respondents completed the on-line survey at their leisure and once complete the survey returned automatically to the project team; In the case of the non on-line versions of the survey, these results were entered into Survey Monkey;
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The project team and consultants also completed their own version of the on-line survey; Follow-up emails were sent to those respondents who did not complete the survey on a timely basis; The survey results were tabulated using the Survey Monkey software, all responses were considered anonymous and compiled for each question; A single version of the survey was then compiled for each country using the results from individual respondents and those of the project team; A score was assigned for each question relative to the benchmark result; and Scores were tallied and then analyzed in Excel relative to each of the 10 survey themes.
Survey Limitations
The survey to assess environmental governance and management systems in petroleum producing countries was intended to provide a broad overview of how governments manage the impacts of the oil and gas industry. Limitations to the survey approach and results are as follows: Not all governments chose to participate in the survey. Some were concerned that the survey may be interpreted as representative of official government position, or policy, and as a result, did not participate. The survey was administered to government, industry and civil society in an attempt to garner a wide range of opinion in relation to environmental governance. However, for the questions that do not specifically refer to factual issues, this divergence of views and positions also resulted in a difference in opinions as to the meaning and effectiveness of governance. Discrepancies in perception (sensitivity) about some themes may have occurred as different categories of interviewees (government officials, private sector and NGOs) completed the questionnaire. Normally, governments tended to give evidence of a wellstructured and functional national legislative framework and the corresponding regulatory system, while private sector representatives and NGOs generally responded to questions on the basis of their perception of the actual situation. In general, responses from government officials cover all themes, the institutional and legal aspects in particular, while other respondents focused more on the effectiveness of the regulatory system. In order to deal with these discrepancies, a single response was collated for each country that represented the teams professional opinion of the actual Page | 21
governance situation based on expert knowledge and survey results from respondents in each country. The survey was relatively long, involving 80 questions. This was a hindrance to those who did not have much time in which to respond. However, it was felt that the survey could not be reduced further and adequately cover the breadth of responses required for the ten survey themes selected. Many respondents demonstrated initial interest and enthusiasm in completing the survey. Final responses however were fewer. Surveys responses for each question and theme were compared to the benchmark response. Results from the survey were not intended to measure environmental performance between countries. The survey should in no way be considered a statistical representation of the data for a specific country, but rather represents a mosaic of opinions. Its main value appears at the regional and global level in understanding gaps in the environmental management system of producing countries and identifying areas for much needed improvement. Although there were two questions on greenhouse gas emissions and climate change, they were not considered in the final review because the data was not extensive enough to make any pertinent conclusions. The question concerned participation in the WB Global Gas Flaring Reduction Initiative and greenhouse gas emission reporting.
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5 6
See at http://www.bp.com/productlanding.do?categoryId=6929&contentId=7044622 Visited December 20 2008. See at http://www.indexmundi.com/energy.aspx?country=ph&product=oil&graph=production Visited December 20, 2008.
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The analysis shows an unexpected almost no causal relation (R2=0.13) between oil production and PGI score. In fact, those countries that have a high rate of oil production, such as China, Mexico, Venezuela, Algeria and Angola show relatively low PGI scores. These countries could be potential recipients of assistance to help improve their petroleum governance scores.
Data for each country can be found at: http://ddpext.worldbank.org/ext/ddpreports/ViewSharedReport?REPORT_ID=9147&REQUEST_TYPE=VIEWADVANCED&WSP =N&HF=N/CPProfile.asp Visited December 22, 2008.
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There is a weak polynomial regression relationship between GNI and PGI scores (R 2=0.42). This indicates that countries with higher GNI may have more financial resources available to spend on improving environmental and social performance of the oil and gas industry. As countries experience greater prosperity and economic progress, their citizens, and governments, pay more attention to the noneconomic aspects of living conditions, including concern for environmental protection and human health (Gangadharan & Valenzuela, 2001; Grossman & Krueger, 1995). The relationship also indicates opportunities for improvement in petroleum governance in those countries below and to the right of the polynomial regression line (higher GNI) including Argentina, Gabon, Venezuela, Kazakhstan and Trinidad and Tobago.
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The data shows a low causal relationship between these two variables (R2=0.27). It indicates that those aspects of a high level of human development such as longevity and decent standard of living are not necessarily related to high scores of petroleum governance. However the relationship does indicate opportunities for improvement in for those countries with a high human development index and low PGI score below the regression line including Mexico, Argentina, Venezuela, Trinidad and Tobago, Kazakhstan and Ecuador.
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There was a mixed response in regards to incorporation of international obligations and agreements for environmental protection. Overall, this theme scored 55% against the benchmark. However when examined in detail, the responses of survey countries were as follows: Most countries incorporate international agreements, provisions and obligations for environmental and social considerations into their legal system score of 69%; Nearly half consider trans-boundary impacts score of 46%; and Half stipulate that oil and gas operators adhere to environmental regulations and provisions from their country of origin score of 50%.9 In regard to resolution of environmental disputes, the countries surveyed scored 62% overall for the three questions asked. Most notably is that many countries provide the public access to the courts and legal system in resolving environmental disputes; the score for this question was 78% against the benchmark value.
survey countries they scored higher particularly in cases where the national environmental and legal framework may be lacking.
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A summary of PGI results, considering institutional capacity as two general themes (institutional structure and institutional effectiveness), is shown in Figure 5-2. The results show that most survey countries have a well-developed institutional structure to manage the impacts of the oil and gas industry, but lack the institutional capacity to effectively management these impacts. Figure 5-2: PGI Scores for Institutional Capacity
Most governments indicated that they have a dedicated institution for managing the impacts of the oil and gas industry (score of 64% against the benchmark). Governments also indicated that this institution has a written mandate and objectives and a clear set of strategies for managing impacts of the oil and gas industry (score of 84%). When it came to the ability to express this mandate and whether the institution has adequate capacity to fulfil its strategies, most governments indicated a number of limitations to doing so. A total of 89% of countries surveyed did not comply or only partially complied with the benchmark, expressing limitations in budget, personnel, training, equipment and retention of institutional knowledge. Limitations in institutional knowledge are related to the capacity of the institution to retain personnel in key positions. Many countries (64%) indicated that they have a moderate or high rate of turnover within their institution. This is directly related to whether the institution can pay competitive salaries compared to other government departments or the private sector. A total of 88% of countries surveyed did not comply, or only partially complied, with the benchmark, recognizing that they do not pay competitive salaries, which is one factor in the high turnover rate of personnel.
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From the survey results, it appears that the overall intent of consultation is to inform stakeholders and the public about the project, rather than to use information gained from consultation for consideration in decisions regarding the project approval and implementation process (score of 62% against the benchmark). Only 35% of countries surveyed indicated that public consultation has the ability to affect the project approval process. This indicates a low level of public confidence in their ability to affect government decisions regarding oil and gas development. Most governments (54% of those countries surveyed) indicated that public consultation begins early on in the project cycle (score of 77% against the benchmark) and 54% of countries Page | 30
surveyed indicated that the timing and location of consultation should be both convenient and accessible to stakeholders (score of 73% against the benchmark). Governments however do not usually reimburse costs incurred by stakeholders acting as interveners in the consultation process. Only three countries out of all countries surveyed indicated that such costs are provided. Similarly the results of public consultation are not published and made publicly available. Only 32% of countries surveyed indicated that this is the case (score of 62% against the benchmark). In regard to indigenous peoples, less than one half (31%) of countries surveyed indicated that they have ratified the International Labor Convention (ILO) 169 regarding the rights of indigenous peoples and consultation. Very few countries (15%) indicated that they have a law and associated regulations that addresses the rights and obligations for indigenous peoples specifically establishes a consultation process (score of 50% against the benchmark).
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Governments indicated that they lack a clear information disclosure policy as to how information about oil and gas activities and their management is communicated to the public and stakeholders (score of 48% against benchmark). Similarly, most governments do not have a commitment to respond to all information requests in a timely manner only 21% of countries fully complied with this benchmark standard. Governments did a better job in communicating information about oil and gas projects to the public early on during the project cycle (score of 66% against the benchmark). A total of 32% of countries surveyed fully complied with the benchmark to disclose information about pending oil and gas activities at the earliest date possible. Governments also try to make sure that any information disclosed about oil and gas development is accessible in some way to different languages, culture and indigenous people (score of 66% against the benchmark).
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EIA content and approach (score of 64% against the benchmark) what processes and procedures are used in the environmental assessment process? What considerations are taken into account when siting oil and gas projects? (score of 67% against benchmark). What procedures are in place for evaluating and managing the environmental and social risks associated with oil and gas development? (score of 65% against the benchmark). Generally the survey results shows that many countries are well versed in the EIA process as it pertains to the approval of oil and gas projects. EIA content and approach are well developed and the siting of oil and gas projects usually includes consideration of environmental and social concerns. However, monitoring and follow-up post project approval is generally weak throughout many countries surveyed (see below). EIA Approval Process, Screening and Scoping Survey results show that most countries have set up an adequate EIA process for the review and initial regulatory approval of oil and gas projects (overall score of 72% against the benchmark, see Figure 5-5). It is important to note that although many countries may not have enforced a specific environmental law addressing environmental issues arising from oil and gas development, some form of impact assessment is routinely undertaken throughout all phases of exploration and production activities. The screening process for all oil and gas projects is mandatory in 67% of surveyed countries. Some form of scoping is also conducted in all surveyed countries; in 56% of these countries, the public is normally involved. Specific Terms of Reference for oil and gas projects are set by governments and include some form of public review (score of 61% against the benchmark). Adherence to specific timelines in the review of oil and gas projects is undertaken to a somewhat greater extent (score of 67% against the benchmark). EIA Content and Approach This subtheme (overall score of 64% against benchmark countries) explores the degree of completeness of the EIA process and the quality of the Environmental Impact Assessment (EIA), or Environmental Impact Statement (EIS), utilised for that purpose (see Figure 5-6). Although most countries have established an environmental assessment review process, it is not always completed in a comprehensive and exhaustive manner, according to internationally accepted best EIA practice standards. Analysis of alternatives (score of 61% against benchmark) is in fact often incomplete (48%), or totally missing (15%). Only 37% of surveyed countries take into account the option zero (no development alternative). Page | 33
A total of 63% of surveyed countries do not fully incorporate an analysis of cumulative effects, or an integration of social and biophysical impacts in the EIA process. Cumulative effects are not considered at all in 15% of countries surveyed. In most cases (score of 86% against the benchmark), environmental impact studies include all environmental information necessary to carry out a proper impact assessment, while social and cultural aspects are often under represented. Figure 5-5: PGI Scores EIA Approval, Screening and Scoping
Impact assessment of regional effects is not considered in half of the countries surveyed, indicating that impact assessment efforts largely consider only project level impacts. Lacking a proper data collection and processing centre makes it difficult to identify and measure cumulative impacts. Qualitative and also quantitative characterizations of project impacts are fully performed in 46% of the surveyed countries, while qualitative analysis alone is performed in another 46% of survey countries. In the remaining 8% of survey countries, the environmental impact study does not include any characterization of the importance of each potential environmental impact. Planning of impact specific mitigation measures is considered within the EIA process for 96% of survey countries (though in half of them the process does not include public review). In the remaining 4% of survey countries, no mitigation measures at the project level are taken into account.
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In 52% of cases, environmental baseline information are available at the project level but not necessarily at the regional level, while in 12% of the countries, environmental baseline information is considered proprietary to the proponent and not made available to the public. Figure 5-6: PGI Scores EIA Content and Approach
Project Siting For the siting and location of new oil and gas projects, 76% of survey countries take into account provisions and limitations stipulated by relevant land use policies and planning. Some form of public consultation and review of where oil and gas facilities are sited takes place in 88% of countries surveyed. Governments in only 28% of those countries surveyed complete appropriate consultation (see Figure 5-6). Ensuring Effective EIA Monitoring and Follow-up of Agreed Environmental Management Plans This theme examines the capacity and capability of governments in the follow-up of EIA approval conditions and requirements, and how proponents are complying with those conditions (see Figure 5-7). The EIA monitoring and follow-up theme only scored 50% against the benchmark, despite the consideration that 88% of surveyed countries require the mandatory preparation and enforcement of a monitoring and environmental management plan. The reasons for this low score are due to the relative lack of third party independent monitoring and making monitoring results available to the public.
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Both governments and/or proponents regularly undertake monitoring and project follow-up in 46% of surveyed countries. In 77 % of surveyed countries there is no third party independent monitoring and follow-up of mitigation effectiveness or compliance assessment. In 31% of cases some form of corrective action, or adaptive management, is undertaken in order to mitigate unexpected environmental effects. Only 4% of the surveyed countries make monitoring results fully available to the public, either through a centralized database, or other means.
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Figure 5-8: PGI Scores Enforcement, Best Practice Standards and Risk Management
In general, the data shows that many survey countries have a well development regulatory enforcement and compliance framework and consider a risk management approach. Less emphasis is placed on the incorporation of best environmental practice. This theme scored 64% overall against the benchmark. A form of regulatory enforcement and compliance system is enforced in 93% of survey countries through a command and control basis. Analysis indicates that command and control approaches involve a wide range of methods (sanctions, monetary penalties, closure of facilities, etc.) while the approach and use of tools or instruments for regulatory enforcement and compliance (record keeping and reporting, public release of no compliance events, environmental audits) are relatively less developed. In many survey countries, the overall picture of the mechanisms concerning regulatory enforcement and compliance is fairly unclear and often contradictory. In one half of the countries surveyed, remedies to seek enforcement of environmental laws or regulations in case of no compliance are not, or somewhat, available to the public. In terms of risk avoidance, 54% of survey countries have only vaguely implemented, or not considered at all, the adoption of the precautionary principle in regards to environmental risks that could arise from oil and gas development. In 85% of surveyed countries, the EIA process requires an Emergency Response Plan to be developed in some form, but the proper assessment of ERP effectiveness is conducted in only 28% of surveyed countries. In 58% of the surveyed countries, the EIA process considers environmental risk and risk management as part of the assessment of oil and gas projects. Page | 37
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Governments lack an established process for managing the decommissioning and abandonment of oil and gas projects; overall the score for this question was 46% against the benchmark. A total of 81% of countries surveyed did not comply or only partially complied with the benchmark. Governments also generally lack a commitment to ensure that oil and gas facilities are decommissioned and remediated in a timely manner. This was one of the lowest of all responses made for this question a score of 28% against the benchmark. A total of 96% of all countries surveyed either did not comply or partially complied with the benchmark in response to this question. There are a lack of guidelines specifying the residual limits for contamination in soil and water. This obviously is a concern to local communities and poses an issue for both short and long term human and ecological health. Overall this question scored 37% against the benchmark and 57% of countries surveyed did not comply, indicating that they have no guidelines in placing for residual contamination originating from the oil and gas industry. There are no procedures in place for assigning costs for orphan wells those abandoned oil and gas facilities that have no ownership but yet have ongoing liability concerns and associated costs. This was one of the lowest responses in the survey, scoring 14% against the benchmark. Governments in these countries do not have any capacity and procedures in place for managing orphaned wells, or assessing the responsibility for environmental liability that has no apparent ownership. There are small differences in approaches to decommissioning and abandonment between offshore and onshore. Governments stated that decommissioning and abandonment requirements apply to both offshore and onshore facilities, both scoring 87% and 82% respectively against the benchmark. Governments generally do not or determine a value for costs associated with restoration of environmental damage arising from the oil and gas industry. This question scored 48% against the benchmark and a total of 76% of survey responses for this question did not comply with the benchmark. While EIAs do include reference to decommissioning and abandonment plans, there are little or no requirements of government to approve these plans. This question scored 56% against the benchmark with 72% of survey responses not complying or only partially complying with the benchmark, whereby governments are required to approve decommissioning and abandonment plans.
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6 Key Findings
This section describes key findings of the PGI survey considering the following: Survey delivery; Legal, regulatory and contractual framework; Institutional strengthening of good governance; EIA process; Public consultation, disclosure and access to information; Private sector involvement in best environmental practice; and Liability.
Survey Delivery
The PGI survey was administered to 27/29 countries over a period of about 9 months. Primary concerns about the survey and its delivery were indicated as follows: The survey was relatively long; The response from governments and local stakeholders was mixed, and the survey relied on the ability of the consultant team to extract and summarize survey results; Results from the survey were not intended to measure environmental performance between each country; and The survey should in no way be considered to be a statistical representation for an individual country, but rather represents the opinion of survey respondents and the project team as to how national governments compare to an ideal benchmark governance condition. Nonetheless, there has been a high degree of interest from participants in regard to the results of the survey. While some may have considered the survey to be too long, it was also viewed to be comprehensive and provided a high level of information regarding environmental management and governance of the oil and gas industry. The online survey process allowed
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participants to enter and leave the survey at will. However, the survey could have been shortened, particularly those questions concerning the legal and regulatory framework that consisted of about 25% of the survey total. While cooperation of the World Bank was provided throughout the Survey, particularly from local Bank offices, a more formal effort to engage key government representatives could have resulted in higher participation of respondents, but this would also be offset by additional time requirements for survey completion. The online version of the survey (Survey Monkey) was administered to the email addresses of specific respondents and featured an automatic return to the consultant team at the conclusion of the survey (respondents selected a complete survey button at the end). The survey featured a multiple choice response in regards to no, partial, or full compliance with the benchmark template. The online version was easy to administer, provided great flexibility to participants in relation to time to complete, was cost effective to administer (limited or no travel) and also provided a mechanism for rapid compilation and easy analysis of survey results. The only negative feedback to the online survey was that no other language version was provided. Future surveys should consider reuse of the online survey software. Follow-up to the survey is required to ensure that those respondents who expressed interest in completing the survey actually did so. It is also recommended that the survey results be provided to governments of each country for discussion and further refinement. This could be beneficial in the context of preparation of relevant future Bank interventions.
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On the other side, some countries surveyed do not have a sufficiently organized administrative structure to allow for the enforcement of an efficient regulatory system. Other countries do not have the organizational capability or the human and financial resources available to set up an effective and organized management system for oil and gas activities. Some countries may incorporate into domestic legislative system a general environmental law setting policy to address environmental issues arising from oil and gas activities, only as a means of attracting foreign investors and operators, while neglecting additional obligations concerned (i.e. EIA process, public involvement, environmental monitoring, data disclosure, etc.). Survey results show that in 89% of countries surveyed, the responsible institutions for environmental management have little (74%) or insufficient (15%) resources (budget, staff, training, technology, information system, etc) to effectively implement their strategies and fulfil their regulatory mandate. The results of the above considerations show that in many cases, the regulatory system in place is somewhat of an empty box. The governance structure and frameworks exist, but the implementation of governance into an efficient and effective environmental management system for oil and gas activities is not fully in place. Therefore, efforts are necessary to strengthen either the administrative and technical capabilities of local governments in order to improve environmental governance of the oil and gas industry.
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the full extent of the EIA process, as dictated by best EIA practice, has yet to be implemented, and these countries scored poorly against their benchmark counterparts. Particularly lacking are the following: systematic and sufficient involvement of the public and local stakeholders in the EIA process, access to baseline environmental and social information in the project affected area, complete analysis of project alternatives, and consideration of cumulative effects and regional impacts beyond the project level. The majority of countries surveyed incorporate analysis of environmental risk and risk management, however effective efforts in regulatory enforcement of EIA commitments, and follow-up and monitoring efforts, as part of verification and oversight, are lacking. The survey indicates that environmental monitoring and project follow-up are considered part of the EIA regulatory framework enforced in the majority of surveyed countries. Nevertheless, in many cases actual enforcement practices are inadequate, environmental monitoring is insufficient and monitoring data are not disclosed, or made widely available to the public and affected stakeholders. Moreover, most countries show an insufficient, sometime totally absent control and enforcement mechanisms during the post-EIA approval phase. While many countries indicate that regulatory enforcement mechanisms and risk management procedures for oil and gas activities are incorporated into the regulatory framework, actual onthe-ground enforcement of EIA approval conditions and regulatory limits is not taking place in a systematic and effective manner.
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stakeholder costs. Most governments give consideration to holding consultation activities in the directly affected project area as a means of maximizing local involvement. However, in many cases the consultation with local communities focuses more on the amount to be negotiated as compensation rather than establishing communication links for management of environmental impacts throughout the entire project cycle. Survey results show that little attention is paid to involving indigenous peoples in consultation regarding oil and gas projects. Less than one half of the countries surveyed have ratified the international convention ILO 169 regarding indigenous peoples, and ensuring their voice is heard as to how resource projects are developed. As a result, few governments have specific laws and regulations as to how involvement of indigenous peoples in the review and approval of oil and gas projects would actually take place. This is of concern, in that many oil and gas projects in developing nations actually take place in frontier areas within the traditional lands of many indigenous peoples. This also has relevance for the recently signed UN Declaration on the Rights of Indigenous Peoples that was adopted by 144 states in September 2007. 10 One of the largest areas for improvement pertains to improving the dissemination of information about the consultation process. Survey results indicate that little information is communicated back to project stakeholders about the results of the consultation process, or how, if any, it affected the outcome of project approval decisions. This is a key component of gaining public trust that their involvement in the public consultation process actually can affect project outcomes and help improve the project decision-making process. Similarly, there are significant barriers to the disclosure of information about oil and gas projects and the natural and social environments in which they occur. In a global information age, there is little access to information. Survey results show that most governments lack a policy as to how information about oil and gas projects is to be disclosed or disseminated to the public and affected stakeholders. Most governments also lack a clear commitment to responding to project stakeholders in a timely and effective manner, thereby eroding public confidence that their voice is being listened to and heard by government. Generally most governments lack a commitment to establish and implement a centralized information system, whether electronically on-line or otherwise. This is another area where significant improvements can be made, providing there is a strong government effort to make information available to the public, rather than spending resources on developing systems to do so. Governments however recognize the need to consider diversity and pay good attention to considering language and cultural differences in the public consultation process.
10 http://un.org/esa/socdev/unpfii/en/declaration.html
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7 Recommendations
Based on these initial results of the PGI survey, the following are recommendations to the World Bank. 1. Undertake a gap analysis in specific countries as a further refinement of the survey. Country diagnostics could be undertaken as part of project preparation. Rationale: There are a number of countries that have expressed interest in the survey and results of the survey, particularly on a country performance level. The Bank could support an in-depth diagnostic of a given countrys governance performance, with full and complete participation from governments, rather than peripherally as occurred through the survey. Governments could use the outcome of this analysis to identify where strengthening of governance is required. This information may also be useful for other economic sectors, other than oil and gas, particularly where the Bank may be supporting infrastructure development. 2. Undertake a gap analysis at a regional level in order to identify the most appropriate mechanism for institutional strengthening of environmental governance, enabling development of a common coherent and consistent environmental and social regulatory system, while at the same time optimizing resource development. Rationale: it may also useful to do this exercise at a regional level to identify where synergies exist on a regional basis and to tie this into strategic regional level planning. A good example of this would be in the Gulf of Guinea where five or six countries are either well underway with hydrocarbon development (Nigeria) or undergoing a boom and al l the expectations associated with it (Cameroon, Ghana). This gap analysis could also be extended into a regional strategic environmental assessment of oil and gas for the West Africa region. The Bank is supporting similar initiatives for the African mining sector. 3. Improve country capacity in EIA monitoring and follow-up through training, workshops, and case studies on the job training is preferred to make use of real world experience and to maximize the benefit of capacity building. Rationale: One of the key findings of the PGI review and also a common shortcoming in EA worldwide is the lack of adequate monitoring and follow-up capacities of governments. As stated in the report, most governments are more interested in approving oil and gas development projects and granting licenses today rather than adequately managing the impacts that follow. It would be useful to have training focused on the monitoring and follow-up capacities of government regulatory agencies.
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This of course would have to be linked with regulatory strengthening of these follow-up, monitoring and compliance initiatives, as the lack of capacity is very much associated with a lack of regulatory requirements and consistent enforcement practices. 4. Promote the development of outsourcing of monitoring and EIA review capacities. Rationale: One of the key findings of the PGI study has to do with the accelerated pace of oil and gas development in many developing countries. In many emerging oil producing nations, there is significant pressure to develop the hydrocarbon resource in the shortest time and fastest way possible often this is done without a complete assessment and mitigation of associated social and environmental impacts. Governments therefore are more interested in approving licenses associated with environmental applications and there is often great pressure on environmental agencies from other government departments that will experience the immediate financial benefits from oil and gas e.g. energy ministries. It is unrealistic to expect that any support of capacity building from the Bank to build monitoring and follow-up capabilities in environmental regulatory agencies will be able to withstand the pace of development that is occurring. We therefore suggest it would be prudent to support the development of outsourcing capacities where external consultants or organizations could assist governments in developing environmental management capacities beyond project approvals. This could be done by placing experts into these countries during over a two to three year period during which they could be a catalyst for EA strengthening and provide in-house capacity development. These experts would provide an immediate source of experience, training, capacity building and regulatory enhancement that could otherwise not be achieved through training on a shortterm basis. 5. Improve the consultation and outreach process to develop and build trust between industry, governments and local communities look at creative mechanisms such as shared regional development plans or impact benefit agreements to ensure that producing regions benefit economically from oil and gas and that social conditions are improved and not impaired. Rationale: The PGI survey found that while public consultation processes are in place in many oil-producing countries, they are questionable as to their effectiveness in ensuring that all affected stakeholders are actively engaged during the review and approval process. It is important not only to consider how stakeholders are involved in the decision making process, but also how assurances can be put in place that they will benefit from oil and gas development and not suffer as a result. We therefore suggest that the Bank consider capacity building in stakeholder engagement on one hand, but more importantly tie this training to the implementation of Livelihood Development Plans, thereby ensuring that the flow of oil and gas revenues can be directed to the producing region to ensure community benefits on a long term and sustainable basis. Page | 48
6. Support the development of regional information systems for disseminating environmental and social information relating to proposed oil and gas development. Rationale: Associated with the publics right to be involved in development d ecisions that affect their livelihood, there is an associated right to be adequately informed about the pending oil and gas development and of its associated environmental, social and health consequences. We suggest that the Bank support the development of regional information systems that could provide stakeholders with basic information on oil and gas development, its technical and socio-environmental consequences, mitigation measures, best practices, follow-up and enforcement procedures etc. It could also serve as a portal providing a centralized location for information about specific project opportunities. These regional information centres could be supported via a variety of funding mechanisms from both private and public sources. The creation of these centers should encompass the need for managing the entire value chain links of oil and gas development from the awarding of licenses and contracts, to the collection of revenues and their use in sustainable projects, along with the collection and dissemination of environmental and social data. The creation of these centers should become a condition for funding of large EI projects. The objectives for the proposed Environmental and Social Information Centers would be as follows: Produce reliable, relevant, secure and timely public information about oil and gas activities; Disclose information about the outcomes of the bidding process for oil and gas leases for that information in the public domain; Maximize transparency for all revenue flows and the social and environmental data associated with proposed oil and gas projects; and Provide all documentation and information on the regulatory process for environmental permitting, approval, follow-up and monitoring. The type of information and data contained in such a system could include the following: Pertinent laws, regulations, approvals and regulatory standards for oil and gas projects; Baseline environmental and social information in areas of oil and gas development; Project development plans and associated environmental and social impact assessment studies and reports; Environmental monitoring and follow-up studies and reports; Strategic Environmental Assessments, Regional Environmental Assessments and Cumulative Effects Assessments;
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All Social and Environmental Assessments studies and their monitoring and follow up information; Financial statements and audits of production data and revenue flows; Information on environmental liabilities and decommissioning of oil and gas projects, and Information on new oil-gas projects under consideration. Development of an environmental and social information system for oil and gas projects will be a major undertaking and the Bank should undertake an assessment of similar projects underway internally, or by other donors. Perhaps the most cost-effective approach would be to undertake a pilot study, or several pilot studies across regions. 7. Support an approach for management of environmental liabilities arising from oil and gas development, such as an overarching regulatory and accounting framework, assistance in the determination of liability costs and their assignment, understanding of decommissioning, closure and abandonment procedures. This is underway and a manual is currently in preparation. Rationale: The liabilities of oil and gas development and the eventual abandonment of oil and gas facilities are greatly overlooked in many oil-producing nations. There is more emphasis placed in promoting the financial benefits of oil and gas development today than considering the financial consequences and possible detriments at a later date when closure is imminent. The other module of the PGI is addressing this issue by producing a toolkit manual on decommissioning and abandonment of oil and gas and mining projects. It is suggested that the Bank support and promote further initiatives in this regard. 8. Delivery of training programs for key themes identified as part of the PGI survey. Rationale: The Bank may wish to support training programs as part of capacity building in environmental management of oil and gas development. Training in the following themes is suggested: Public consultation and developing of tripartite dialogues; Decommissioning, abandonment and environmental liabilities; Environmental monitoring, follow-up and audits; Incorporation of best environmental practices; and Development of environmental and social information systems. Training could include on-site workshops and seminars, production of manuals and training aides and regional workshops. Wherever possible, practical case studies should be featured to maximize training benefits in real world situations. A standardized set of materials could be provided and made available in English and other appropriate languages. Page | 50
8 References
Bailey, R. H., & Engelhardt, F. R. (1983). Environmental management of offshore oil and gas activities in Canada. Environmental Impact Assessment Review, 4(3-4), 523-538. Brunnschweiler, C. N. a. E. R. B. (2008). The resource curse revisited and revised: A tale of paradoxes and red herrings. Journal of Environmental Economics and Management, 55(2008), 248-264. Canadian Association of Petroleum Producers (CAPP) (1999). Environmental Operating Practice for the Upstream Petroleum Industry - Alberta Operations. CXalgary, AB, Canada. Canadian Association of Petroleum Producers (CAPP) (2003). Guide for Effective Public Involvement. Calgary, Alberta, Canada: http://www.capp.ca/getdoc.aspx?DocID=73244. Chatham House (2007). Report on good governance of the national petroleum sector: Centre for Energy, Petroleum and Mineral Law and Policy, University of Dundee. E&P Forum (1991). Oil industry operating guideline for tropical rainforests. E&P Forum (2002). Oil and gas exploration & production in arctic offshore regions. Guidelines for environmental protection: International Association of Oil & Gas Producers. Environmental Agency (2004). Corporate environmental governance. A study into the influence of environmental governamce and financial performance full report. Published by Environment Agency, Bristol, UK.: www.environment-agency.gov.uk. Fraser Institute (2008). Global Petroleum Survey. 2008 Edition. Vancouver, B.C. Gangadharan, L., & Valenzuela, M. R. (2001). Interrelationships between income, health and the environment: extending the Environmental Kuznets Curve hypothesis. Ecological Economics, 36(3), 513-531. Gary, I., & Karl, T. L. (2003). Bottom of the Barrel. Africa's Oil Boom and the Poor. Catholic Relief Services. Grossman, G. M., & Krueger, A. B. (1995). Economic Growth and the Environment. The Quarterly Journal of Economics, 110(2), 353-377.
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IEA (2008). World Energy Outlook 2008. Paris Cedex 15, France. International, Energy, & Agency (2008). World Energy Outlook 2008. Paris Cedex 15, France. International Finance Corporation (IFC) (1998). Doing Better Business Through Effective Public Consultation and Disclosure. A Good Practice Manual. Washington, D.C. IPIECA (nd). The oil and gas industry: operating in sensitive environments. London, United Kingdom. Karl, T. (1997). Paradox of Plenty: Oil booms and Petro States. University of California Press, Berkely. Kinn, S. J. (1999). Regional environmental impact assessment - experiences from Norewgian petroleum activity. Paper presented at the Proceedings frm the 3rd Nordic EIA/SEA Conference. Lind, T. (1983). The environmental impact assessment process for offshore oil and gas exploration and development in Norway. Environmental Impact Assessment Review, 4(3-4), 457-472. ODI (2006). Meeting the challenge of the resource curse.Unpublished manuscript, London, U.K. OECD (2002). Governance for sustainable development. Five OECD case studies. Paris Cedex 16, France. Overseas, & Institute, D. (2006). Meeting the challenge of the resource curse.Unpublished manuscript, London, U.K. Pegg, S. (2006). Can policy intervention beat the resource curse? Evidence from the ChadCameroon pipeline project. Afr Aff (Lond), 105(418), 1-25. Sachs, J. D., & Warner, A. M. (1999). The big push, natural resource booms and growth. Journal of Development Economics, 59(1), 43-76. Sachs, J. D., & Warner, A. M. (1999 revised). Natural resource abundance and economic growth. National Bureau of Economic Research Economic Growth Working Paper, No. 5398 (Cambridge, MA.). Sachs, J. D., & Warner, A. M. (2001). The curse of natural resources. European Economic Review, 45(4-6), 827-838.
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UNEP, E. P. F. a. (2002). Environmental management in oil and gas exploration and production. An overview of issues and management approaches: International Association of Oil & Gas Producers/UNEP. World Bank (2004). Company codes of conduct and international standards. An analytical comparison. Part II of II Oil Gas and Mining. Washington, D.C. World Bank (2005). Extractive industries and sustainable development. An evaluation of World Bank Group experience. 1818 H Street NW, Washington, D.C. World Bank (2009). Extractive Industries Value Chain A comprehensive integrated approach to developing extractive industries 1818 H Street NW, Washington, D.C.
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1. Introduction
Welcome to the Environmental Governance Survey of the Oil and Gas Industry! The Petroleum Governance Initiative (PGI) is a bilateral collaboration of the Government of Norway and the World Bank Group (WBG) designed to achieve structured cooperation on petroleum sector governance issues. It is intended to provide support to developing countries in the implementation of appropriate petroleum governance frameworks, including resource and revenue management and linkages to the effective management of environmental, social and community issues. This survey assesses environmental and social governance and how governments in oil-producing countries are managing the environmental and social impacts of oil and gas development. The questions that follow address eleven elements of environmental and social governance: Legal, Regulatory and Contractual Framework - What is the legal, regulatory and contractual framework governing the social and environmental management of the oil and gas industry? Institutional Structure and Capacity for Key Environmental Agencies What are the institutional structure and capacity issues that affect service delivery? Environmental and Social Information Systems What environmental and social information systems are available to provide background data in areas proposed or subject to oil and gas development? Environmental Assessment and Approval Process What is the process for environmental approval? Environmental Monitoring and Follow-up What processes are in place to follow-up on commitments made by the proponent and the regulator? Decommissioning and Abandonment Does the government have policies, process and procedures in place for decommissioning and abandonment? Regulatory Enforcement and Compliance What is the regulatory regime for enforcement and compliance of regulations pertinent to the oil and gas industry? Transparency and Information Dissemination What policies, process and procedures are in place to provide information to the public about oil and gas development? Public Consultation and Involvement What process does the public play in the review and approval of oil and gas projects? Best Environmental Techniques and Practices How are these applied to minimize environmental and social impacts? Risk Avoidance and Management What procedures are in place to manage environmental and social risk? Most of the survey questions provide multiple choices; respondents should select the response most appropriate to that of government. In some cases, respondents are requested to provide one or more responses. Assistance in the survey is provided in the attached Survey Guide. The questionnaire is being sent to your email address only so that it can automatically be returned to us. All survey responses will be considered anonymous and your name will not be released. The results will be used to support and confirm the responses being compiled by the survey team. Your contribution to the success of the survey is greatly appreciated. Best Regards, Miles Scott-Brown
1. Is the national legal system primarily a common law or civil law system?
j k l m n j k l m n j k l m n
A common law system A civil law system A hybrid of common and civil law
2. Are there Constitutional rights and obligations that (check one or more as appropriate):
c d e f g c d e f g c d e f g c d e f g
Address the ownership of natural resources Protect human health Protect and sustain the environment Address the status of indigenous people
3. Does the legal system rely primarily on penalties or on incentives to achieve its environmental governance objectives?
j k l m n j k l m n j k l m n
Primarily penalty-based Roughly equal combination of penalty and incentive Primarily incentive-based
4. Is there a specific law (or set of laws) that establishes policy for the oil and gas industry? If yes, are there regulations duly passed under the law (s) that establish policy for the development of the oil and gas industry that provide direction to implement the policy?
j k l m n j k l m n j k l m n
There are no regulations duly passed under the law(s) that establish policy for the development of the oil and gas industry that provide direction to implement the policy There are some regulations duly passed under the law(s) that establish policy for the development of the oil
and gas industry that provide direction to implement the policy but these are incomplete [Provide citation(s)] There are a complete set of regulations duly passed under the law(s) that establish policy for the development
of the oil and gas industry that provide direction to implement the policy [Provide citation(s)] Provide Citation(s)
5. Is there a specific environmental law that sets policy to address environmental issues arising from oil and gas (or, generally, resource extraction activities) development? If yes, are there are regulations duly passed that provide direction for policy implementation?
j k l m n j k l m n
There is no specific environmental law that sets policy to address environmental issues arising from oil and gas (or, generally, resource extraction activities) development Under the specific environmental law that sets policy to address environmental issues arising from oil and gas
(or, generally, resource extraction activities) development there are no regulations duly passed that provide direction for policy implementation [Provide citation(s)]
j k l m n
Under the specific environmental law that sets policy to address environmental issues arising from oil and gas
(or, generally, resource extraction activities) development there are some regulations duly passed that provide direction for policy implementation but they are incomplete [Provide citation(s)]
j k l m n
Under the specific environmental law that sets policy to address environmental issues arising from oil and gas
(or, generally, resource extraction activities) development there are a full set of regulations duly passed that provide direction for policy implementation [Provide citation(s)] Provide Citation(s)
6. In the context of oil and gas industry development, are there laws that establish policy in regard to the following (circle where applicable) For yes answers, provide citation(s) for the appropriate laws and their associated regulations
c d e f g c d e f g c d e f g c d e f g c d e f g c d e f g c d e f g
Water use Emissions into air, onto land or into water Effluents into air, onto land or into water Waste management (including hazardous water management) Decommisioning and abandonment Pollution Noise
Provide Citation(s)
7. Has the national government incorporated international law rights and obligations within its legal system that address environmental issues arising from oil and gas industry development?
j k l m n j k l m n
The national government has not incorporated international law rights and obligations within its legal system that address environmental issues arising from oil and gas industry development The national government has incorporated international law rights and obligations within its legal system that
address environmental issues arising from oil and gas industry development. [Provide citation(s)] Provide citation(s)
8. Does the government set out policy or procedures to address the potential environmental impacts having effects in neighbouring countries by notifying and consulting each other?
j k l m n j k l m n
No, the government does not set out policy or procedures to address environmental impacts in trans-boundary context Yes, the government set out policy or procedure to address environmental impacts in trans-boundary context
9. Are multinational oil and gas companies required to adhere to the corporate policies established as a result of the jurisdictional requirements followed in its country of origin?
j k l m n j k l m n j k l m n
No, multinational oil and gas companies are not required to adhere to national corporate policies from their country of origin Multinational oil and gas companies are required to adhere to some national corporate policies from their
country of origin for certain oil and gas projects Yes, multinational oil and gas companies are required to adhere to national corporate policies from their
country of origin
10. Does the national government participate in the WB Global Gas Flaring Reduction Initiative (GGFR)?
j k l m n j k l m n
No, the national government does not participate in the WB Global Gas Flaring Reduction Initiative Yes, the national government does participate in the WB Global Gas Flaring Reduction Initiative
11. Is there a specific host government agreement that puts forward the contractual rights and obligations of the host government arising from an oil and gas development? Does this host government agreement also directly address the host governments related environmental rights and obligations?
j k l m n j k l m n j k l m n j k l m n
There is no host government agreement The host government agreement does not directly address the host governments environmental rights and
obligations arising from an oil and gas development The host government agreement somewhat addresses the host governments environmental rights and
obligations arising from an oil and gas development The host government agreement directly addresses the host governments environmental rights and
12. Is there a specific production sharing agreement that puts forward the contractual rights and obligations of the proponent(s) of an oil and gas development? Does the production sharing agreement also directly address the proponent(s) related environmental rights and obligations?
j k l m n j k l m n j k l m n j k l m n
There is no specific production sharing agreement that puts forward the contractual rights and obligations of the proponent(s) of an oil and gas development The production sharing agreement does not directly address the environmental rights and obligations of the
proponent(s) arising from its oil and gas development The production sharing agreement somewhat addresses the environmental rights and obligations of the
proponent(s) arising from its oil and gas development The production sharing agreement does directly address the environmental rights and obligations of the
13. Is oil and gas development allowed in parks and protected area?
j k l m n j k l m n j k l m n
Oil and gas development is not permitted to occur within parks and protected areas and setback requirements are in place for development in areas outside of park and protected area boundaries Oil and gas development is allowed within parks and protected areas but with special operating conditions Oil and gas development is allowed within parks and protected areas under the same requirements as non-
protected areas
14. Are there areas identified where the siting of oil and gas activities are prohibited or restricted?
j k l m n j k l m n j k l m n
There are no restrictions on the siting of oil and gas activities Some restrictions may apply after the bidding process Yes, there are clearly identified restrictions which apply prior to the bidding process
15. Has the government ratified the International Labour Organization (ILO) Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries?
j k l m n j k l m n j k l m n j k l m n
No Not yet, but there is intention to sign Yes, the government is a signatory of the ILO Convention 169 but has not yet ratified Yes, the government has signed and ratified ILO Convention 169
16. Is there a law(s) that establishes a policy for stakeholders and the general public to be consulted regarding an oil and gas development? If yes, does the law have regulations duly passed that provide direction for the implementation of the policy?
j k l m n j k l m n
There is no law(s) that establishes a policy that stakeholders and the general public are to be consulted regarding an oil and gas development Under the law that establishes a policy that stakeholders and the general public are to be consulted regarding
an oil and gas development there are no regulations duly passed that provide direction for the implementation of the policy
j k l m n
Under the law that establishes a policy that stakeholders and the general public are to be consulted regarding
an oil and gas development there are some regulations duly passed that provide direction for the implementation of the policy but they are incomplete. [Provide citation(s)]
j k l m n
Under the law that establishes a policy that stakeholders and the general public are to be consulted regarding
an oil and gas development there are a full set of regulations duly passed that provide direction for the meaningful implementation of the policy. [Provide citation(s)] Provide Citation(s)
17. Is there a law(s) that specifically identifies and establishes a policy that addresses the rights and obligations of Indigenous people in relation to oil and gas industry (or, more generally, resource extraction) development? If yes, does the law have regulations duly passed that provide direction for policy implementation?
j k l m n j k l m n
There is a no law(s) that specifically identifies and establishes a policy that addresses the rights and obligations of Indigenous people in relation to oil and gas industry (or, more generally, resource extraction) development Under the law(s) that specifically identifies and establishes a policy that addresses the rights and obligations of
Indigenous people in relation to oil and gas industry (or, more generally, resource extraction) development there are no regulations duly passed that provide direction for policy implementation
j k l m n
Under the law(s) that specifically identifies and establishes a policy that addresses the rights and obligations of
Indigenous people in relation to oil and gas industry (or, more generally, resource extraction) development there are some regulations duly passed that provide direction for policy implementation but these are incomplete [Provide citation(s)]
j k l m n
Under the law(s) that specifically identifies and establishes a policy that addresses the rights and obligations of
Indigenous people in relation to oil and gas industry (or, more generally, resource extraction) development there are a full set of regulations duly passed that provide direction for policy implementation [Provide citation(s)] Provide Citation(s)
18. Do the host government, the proponent(s) of an oil and gas development and stakeholders affected by an oil and gas development have access to a functioning, independent quasi-judicial board or commission or a functioning national court system for an ultimate adjudication of disputes and determination of remedies arising from an oil and gas development?
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No access Access to Quasi-judicial board or commission Access to National Court System Access to Quasi-judicial board or commission and access to National Court System
19. Is there a law(s) that identifies and establishes appeals process or public hearings for controversial and/or complex projects?
j k l m n j k l m n
No Yes (provide citations)
Provide Citations
20. What remedies or means are available to the public to seek the enforcement of environmental laws and regulations, particularly in the case of non-compliance?
j k l m n j k l m n j k l m n
There are no remedies, means or measures available to the public to seek the enforcement of environmental laws and regulations There is a notification process for the public to inform regulatory agencies about environmental non-
compliances The public has access to the court and legal system to seek remedies for environmental non-compliance
21. Are measures in place for the reporting of greenhouse gases associated with the oil and gas industry? If yes, is there in place a specific GHG emission plan allocating gas emission allowance trading or any other measure to achieve the reduction goals?
j k l m n j k l m n j k l m n
No, companies are not required to report emissions of greenhouse gases Yes, there is a requirement to report emissions of greenhouse gases but there is no requirement as of yet for
reduction Yes, there is a requirement to report emissions of greenhouse gases and to reduce where possible
1. Which government institution is responsible for the environmental and social management of the oil and gas sector?
j k l m n j k l m n j k l m n j k l m n
An institution equivalent to the Ministry of Environment The responsibility is shared by a number of institutions or ministries (specify) An institution equivalent to the Ministry of Energy and Mines Other (specify)
Comments
2. Does the institution responsible for the environmental and social management of the oil and gas sector have a written mandate and objectives?
j k l m n j k l m n j k l m n j k l m n
The institution has no mandate or objectives in place The institution claims to have a mandate and/or objectives The institution has a poorly defined mandate and objectives The institution has a well defined mandate and objectives
3. Are the resources of the institution sufficient to fund all activities required to implement its strategies and fulfill its objectives?
Staff Training related to Budget Staff Personnel environmental and gas development Sufficient Somewhat Sufficient Insufficient Access to equipment, information Retention of institutional information
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4. Is there a significant rate of staff turnover in government departments responsible for environmental planning, management and/or enforcement of the oil and gas sector?
j k l m n j k l m n j k l m n
There is a low rate of staff turnover within the institution There is a moderate rate of staff turnover within the institution There is a high rate of staff turnover within the institution
5. Does the institution responsible for social and environmental management of the oil and gas sector pay competitive wages that would be sufficient to attract and retain staff?
j k l m n j k l m n j k l m n j k l m n
Salaries within the institution are lower than other government departments and the private sector Salaries within the institution are equivalent to other government departments but lower than the private sector Salaries within the institution are equivalent to other government departments and the private sector Salaries within the institution are superior to the private sector
1. Does the government have an information system (that may or may not be electronic) to store and retrieve baseline and other types of environmental and social information associated with the oil and gas industry?
j k l m n j k l m n j k l m n j k l m n
The government has no centralized information system An environmental information system is contained within one ministry or department and may or may not be
used to support decisions regarding oil and gas development An environmental information system is available across ministries and departments and used to support
decisions regarding oil and gas development An environmental information system is available across all levels of government and used to support decisions
2. Is the information system accessible to all stakeholders involved in an oil and gas development or are there any restrictions on access?
j k l m n j k l m n j k l m n j k l m n
The information system is not accessible to the public The information system is accessible to the public but certain information, or data layers are restricted All information and data layers are available to the public through subscription All information and data layers are freely available to the public at no cost
3. Are there sufficient resources dedicated to the maintenance of the environmental information system (including data updating and verification of data accuracy, reliability and integrity)?
j k l m n j k l m n j k l m n
There are insufficient resources available to update the information system a regular basis and data quality is not routinely checked There are sufficient resources available to maintain the information system but improvements are required There are sufficient resources available to maintain the information system to high degree of reliability
1. Is environmental assessment undertaken, in some form, through all phases of oil and gas development including exploration, development and production?
j k l m n j k l m n j k l m n
Environmental assessment of oil and gas projects is not routinely undertaken Environmental assessment of oil and gas projects is undertaken for some phases, but not all (specify) Environmental assessment is undertaken for all phases of oil and gas development
Specify
mandatory and there are no categories of EIA assigned. There is a mandatory screening process but categories of EIA are not assigned There is a mandatory screening process that assigns specific EIA categories
3. Does the environmental assessment include a scoping process to identify key issues, timing and spatial boundaries, public consultation and other delimiters that will govern the level of effort and direction?
j k l m n j k l m n j k l m n
Scoping is not conducted at the onset of the environmental assessment process Scoping is conducted at the onset of the environmental assessment process but does not involve public review
and comment Scoping is conducted at the onset of the environmental assessment process and involves public review and
comment
4. Is a terms of reference prepared for the environmental impact assessment of oil and gas projects and is this subject to public and government review?
j k l m n j k l m n j k l m n
A specific terms of reference for the environmental impact assessment of oil and gas projects is not prepared A terms of reference for the environmental impact assessment of oil and gas projects is prepared but not
subject to public review and comment A terms of reference for the environmental assessment of oil and gas projects is prepared and comments of
5. Are specific timelines established for the environmental assessment review process that clearly establishes the responsibility of project proponents and government regulators?
j k l m n j k l m n j k l m n
There are no timelines established There are timelines established but they are not adhered to Yes, there are specific timelines established and they are adhered to
6. Does the environmental assessment process consider an analysis of alternatives to establish the preferred or most environmental and socially sound option for oil and gas development?
j k l m n j k l m n j k l m n
The EIA process does not consider the assessment of project alternatives The EIA process includes an assessment of project alternatives, but not necessarily the no development
alternative The EIA process includes an assessment of project alternatives, including the no development alternative
7. Does the EIA process consider socio-economic, biophysical and cumulative effects in an integrated manner?
j k l m n j k l m n j k l m n
The EIA process considers social and biophysical impacts, but not cumulative effects The EIA process considers social, biophysical and cumulative effects but not in an integrated manner The EIA process considers social, biophysical and cumulative effects in an integrated manner
8. Does the Environmental Assessment process of oil and gas projects sufficiently address the following? Select one or more as appropriate.
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Environmental baseline information of pre-project conditions Qualitative and quantitative information related to water, air, soils, vegetation and wildlife Qualitative and quantitative estimations of environmental effects Mitigation measures the proponent intends to adopt to reduce or avoid impacts Landscape and cultural heritage Public Health Monitoring Plan Project effects on protected areas
9. Do environmental assessments of oil and gas projects include an assessment of regional effects that may arise as a result of project development?
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There is no assessment of regional effects The scope of the assessment requires an assessment of local and regional effects
10. Is an assessment of importance made for each potential environmental impact, including positive impacts?
j k l m n j k l m n j k l m n
No assessment or characterization of project impact is made A qualitative assessment of the importance of each potential impact is made A qualitative and quantitative assessment of the importance of each potential impact is made
11. Is mitigation planning used to reduce, or eliminate potential significant residual effects?
j k l m n j k l m n j k l m n
The environmental impact assessment does not present mitigation measures for each project impact in the form of specific management plans The environmental impact assessment presents mitigation measures for each project impact in the form of
specific management plans and discussed with project regulators The environmental impact assessment presents mitigation measures for each project impact in the form of
specific management plans and discussed with project regulators and the public
12. Is baseline information considered to be in the public domain and accessible to proponents, stakeholders and regulators?
j k l m n j k l m n j k l m n
Baseline information is considered proprietary to the proponent and not available to the public Baseline information is considered in the public domain but is only available at the project level Baseline information is considered in the public domain and is available at both the project and regional level
13. Does the government take into account land use policies and/or other relevant policies for the siting of new oil and gas development?
j k l m n j k l m n
The government does not take into account land use policies and/or other relevant policies for the siting of oil and gas development The government takes into account land use policies and/or other relevant policies for the siting of new oil and
gas development, with the objective to maintain appropriate distances between the oil and gas development and sensitive areas (e.g. existing industrial facilities, residential areas, areas of public use, and areas of particular natural sensitivity or interest)
14. Does the government conduct appropriate consultation procedures to facilitate implementation of land use policies and/or other relevant policies for the siting of new oil and gas development?
j k l m n j k l m n j k l m n
The government does not set up appropriate consultation procedures for the siting of new oil and gas development The government sets up somewhat consultation procedures for the siting of new oil and gas development The government sets up appropriate consultation procedures for the siting of new oil and gas development,
including technical advice on the risks associated to the oil and gas development
1. Is a monitoring and environmental management plan required for the review and approval of the environmental authority?
j k l m n j k l m n j k l m n
There is no monitoring and environmental management plan There is a monitoring and environmental management plan but it is not mandatory There is a mandatory monitoring and environmental management plan
2. Does the government or the proponent perform regular monitoring and follow-up of oil and gas projects?
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The proponent undertakes regular monitoring and follow-up and submits reports to the government The government undertakes regular independent monitoring and follow-up The proponent and the government undertaken separate regular monitoring and follow-up
3. Is independent monitoring of project impacts, mitigation effectiveness and compliance assessment undertaken in addition to the proponent or government?
j k l m n j k l m n j k l m n
There is no independent or third party monitoring and follow-up of project impacts, mitigation effectiveness or compliance assessment undertaken There is an independent or third party monitoring and follow-up of project impacts, mitigation effectiveness or
compliance assessment undertaken but the results are not binding on governments and proponents There is an independent or third party monitoring and follow-up of project impacts, mitigation effectiveness or
compliance assessment undertaken and the results are binding on government and proponents
4. The following question addresses projects with significant environmental and/or social impacts which are a concern for many stakeholders. Are the results of monitoring made publicly available?
j k l m n j k l m n j k l m n
The results of monitoring are not available to the public The results of monitoring are available to the public but are not maintained in a centralized database The results of monitoring are available to the public and are maintained in a centralized database and registry
5. Is there an adaptive management process to apply corrective actions in the case that monitoring indicates that prescribed mitigation actions are not working?
j k l m n j k l m n j k l m n
There is no corrective action tied to monitoring and follow-up results There is a corrective action response tied to the results of monitoring and follow-up but it is informal or non-
binding There is a corrective action response tied to the results of monitoring and follow-up which is formal and legal
binding
1. Does the government have an established process for managing the decommissioning and abandonment of oil and gas projects?
j k l m n j k l m n j k l m n
The government has no established process or procedures for managing decommissioning and abandonment of oil and gas projects The government has a process for managing decommissioning and abandonment of oil and gas projects, but it
not considered to be effective The government has an established and effective process for managing decommissioning and abandonment of
2. Does liability rest with the owner/operator, or does it default to government after the conclusion of resource extraction activities?
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There is no assignment of liability to the owner/operator or to government The liability always rests with the owner operator The liability defaults to government
3. Does government require decommissioning and abandonment plans as part of Project applications?
j k l m n j k l m n j k l m n
Governments do not require decommissioning and abandonment plans as part of project approvals Governments require only conceptual decommissioning and abandonment plans as part of project applications Governments require conceptual decommissioning and abandonment plans at the time of project approvals and
4. Decommissioning and abandonment requirements apply to the following onshore facilities (select as appropriate):
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Wellsites Pipelines Production Facilities Other (specify)
Specify
5. Decommissioning and abandonment requirements apply to the following offshore facilities (select as appropriate):
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Wells and Flowlines Subsurface Production Facilities Platforms or other surface production facilities Pipelines Other (specify)
Specify
6. Does the government have specific guidelines for specifying the residual limits for soil and water (ground water and surface water) following the conclusion of decommissioning and abandonment of oil and gas facilities?
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There are no guidelines specifying the residual limits for soil and water contamination There are guidelines specifying the residual limits for soil contamination There are guidelines specifying the residual limits for water contamination There are guidelines specifying the residual limits for soil and groundwater contamination
7. Does the government make or confirm an assessment of liability costs associated with the restoration of decommissioned or abandoned oil and gas facilities?
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The government does not make or confirm an assessment of liability costs associated with the restoration of decommissioned or abandoned oil and gas facilities The government makes or confirms an assessment of liability costs associated with the restoration of
8. Does government require that the owner/operator of an oil and gas facility provide a security in the form of a deposit, bond or other financial instrument for liability associated with oil and gas activities?
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The government requires no security for liabilities associated with oil and gas operations. The government requires a security for liabilities associated with oil and gas operations but only to the point of
closure The government requires a security for liabilities associated with oil and gas operations that includes the post-
closure period
9. Does the government has a process or procedures in place for assigning decommission and abandonment costs of orphan wells?
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There is no process in place for assigning costs for orphan wells or facilities There is a process that assigns costs for orphan wells or facilities There is a fund set up for assigning costs for orphan wells and facilities that covers all future decommissioning
10. Does the government have a commitment to ensuring that inactive oil and gas facilities are remediated in a timely manner? What percentage of oil and gas facilities no longer in active production are undergoing remediation and cleanup activities?
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None at present 0-25% 25-50% Greater than 50% Unknown
1. Does the responsible authority primarily invoke a command and control approach to regulatory enforcement and compliance, including some combination of the following: fines or monetary penalties, closure of facilities, suspension or cancellation of permits, imprisonment, injunctions and the cost of containing or cleaning up pollution
j k l m n j k l m n j k l m n
There is no effective regulatory enforcement and compliance regime in place The responsible authority primarily utilizes a command and control approach The responsible authority utilizes a variety of regulatory approaches including command and control and
voluntary approaches
2. Which of the following command and control approaches are implemented? Select one or more as appropriate.
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Fines, sanctions or monetary penalties. Closure of facilities Suspension of permits Imprisonment of officers or responsible corporate parties Costs of contamination or pollution clean-up
3. Are options for indirect enforcement implemented as an alternative to direct measures? Select one or more as appropriate.
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Record keeping and reporting Public release of non-compliance Issuing bulletins or other statements to operators on enforcement procedures Conducting environmental audits Seeking assurances of voluntary compliance Encouraging mediation and arbitration
4. What remedies or means are available to the public to seek the enforcement of environmental laws and regulations, particularly in the case of non-compliance?
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There are no remedies, means or measures available to the public to seek the enforcement of environmental laws and regulations There is a notification process for the public to inform regulatory agencies about environmental non-
compliances The public has access to the court and legal system to seek remedies for environmental non-compliance
1. Does the responsible institution have an information disclosure policy regarding environmental and social issues associated with oil and gas development?
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The institution has no policy on dissemination of information. The institution claims to have a policy or makes a vague commitment to disseminate information The institution has a policy which addresses dissemination of information
2. Does the responsible institution make a commitment to respond to all information requests?
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The institution makes no commitment to respond to information requests The institution makes a vague commitment to respond to some information requests The institution makes a strong commitment to respond to all information requests The institution makes a strong commitment to respond to all
3. Is the timing of information dissemination regarding oil and gas development relative to the project phase?
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Not applicable there is no information dissemination Information is provided early in the project cycle (i.e. scoping phase) Late in the project cycle (i.e. after project approval) After the oil and gas development is completed
4. Does the form and method of information dissemination consider the following? Select one or more as appropriate.
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Language Culture Special consideration to target vulnerable or disadvantaged groups Indigenous populations
1. Is it mandatory for the government to conduct a public consultation process on all oil and gas projects?
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Public consultation is optional Public consultation is mandatory for certain classes of oil and gas projects Public consultation is mandatory for all oil and gas development
2. Does the government have a separate consultation role and process apart from the Proponents responsibility for consultation at the project level?
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Only performed by the proponent Only performed by the government Performed separately by both the proponent and government Not applicable because there is no public consultation process
3. Will information collected from consultation have the ability to affect project approval and implementation?
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No, the consultation process is performed to inform stakeholders of the project Partly, the consultation process has the ability to affect some aspects of approval or implementation Yes, the consultation has the ability to affect project approval and implementation
4. Is the identification of stakeholders fully inclusive of all potentially affected individuals, organizations and groups?
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There is no effort to identify stakeholders The identification of stakeholders includes some people affected by the project The identification of stakeholders is fully inclusive of all potentially affected individuals
5. Does the form and method of public consultation consider the following? Select one or more as appropriate.
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Language Culture Special consideration to target vulnerable or disadvantaged groups Indigenous populations
6. When in the project cycle does the public consultation process begin?
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Not applicable there is no public consultation After the oil and gas development is completed Late in the project cycle (i.e. just before or after project approval) Early in the project cycle (i.e. scoping phase)
7. Is the timing and location for public consultation close to the project location and conveniently accessible to stakeholders?
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The timing and location for public consultation is not required to be convenient or accessible to stakeholders The timing and location for public consultation is somewhat convenient and/or accessible to stakeholders in
some circumstances The timing and location for public consultation is required to be both convenient and accessible to stakeholders
8. Are the costs incurred by eligible stakeholders acting as interveners reimbursed by the government or the proponent?
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No costs are reimbursed Some costs are reimbursed All costs are reimbursed
9. Is there an appeals process or public hearings for controversial and complex projects?
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There are no opportunities for appeals or public hearing There are opportunities for appeals or public hearings
10. Is information on the consultation process and its results available to stakeholders? Is stakeholder feedback published and made publicly available?
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No information on the consultation process and its results are made available to stakeholders Some information on the consultation process and its results is made available to stakeholders All information on the consultation process and its results is made available to stakeholders upon request Stakeholder information is published and made publicly available except information that is confidential
11. Best Available Techniques (BAT) and Best Environmental Practice (BEP)
The following questions apply to governments promote the use of Best Available Techniques (BAT) and Best Environmental Practice (BEP). BAT is defined as "the latest stage of development (state of the art) of processes, of facilities or of methods of operation, which indicate the practical suitability of a particular measure for limiting discharges, emissions and waste". They are are defined as including "both the technology used and the way in which the installation is designed, built, maintained, operated and dismantled". Best Environmental Practice (BEP) is defined as "the application of the most appropriate combination of environmental control measures and strategies".
1. Is there a government policy to work with oil and gas proponents to promote the use of Best Available Techniques (BAT) or Best Environmental Practices (BEP) for environmental and social management of oil and gas development?
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The government has no policy The government claims to have a policy or makes a vague commitment to promote best practices The government has a policy which promotes BAT and BEP jointly with industry
2. Does government require compliance with international best practices and standards for oil and gas projects?
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No compliance is required. Only compliance to national best practices and standards is required. Compliance with both national and international best practices and standards is required.
3. Does the institution responsible for environmental and social management of the oil and gas sector have a a process in place to review and propose changes to laws and regulations and incorporate the latest environmental standards applicable to the activities of the oil and gas industry? If yes, please select the most appropriate response that follows:
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No. The institution responsible does not have a established process to review and propose changes to laws and regulations and incorporate the latest environmental standards applicable to the oil and gas industry. Yes. The institution has a process to review and propose changes to laws and regulations and incorporate the
latest environmental standards, but this process is not applied systematically. Yes. The institution has a process to review and propose changes to laws and regulations and incorporate the
latest environmental standards in a systematic way, but that process does not include participation by oil companies and other non-governmental institutions.
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Yes. The institution has a process to review and propose changes to laws and regulations and incorporate the
latest environmental standards in a systematic manner, that includes the participation of oil companies and other non-governmental institutions.
1. Does the government have a policy to implement the precautionary principle in regards to environmental risk associated with oil and gas development?
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The government has no commitment or policy to implement the precautionary principle in regards to environmental risk associated with oil and gas development The government claims to have a policy that makes a vague commitment to the precautionary principle in
regards to environment risk associated with oil and gas development The government has a policy that makes a commitment to the precautionary principle in regards to
environmental risk
2. Is there a requirement in the environmental assessment process to provide an emergency response plan (ERP) describing response procedures in relation to a blowout, oil spill, accident, fire, or other emergency?
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There is no requirement in the EIA to provide an ERP describing response procedures in relation to a blowout, oil spill, accident, fire or other emergency There is a requirement in the EIA to provide an ERP describing response procedures in relation to a blowout, oil
spill, accident, fire or other emergency but no assessment of significance is required There is a requirement in the EIA to provide an ERP describing response procedures in relation to a blowout, oil
spill, accident, fire or other emergency and an assessment of the significance of the event is required
3. Is there a process to evaluate the effectiveness of the emergency response plan and their implementation from both the proponent and the responsible institution?
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No procedures are available Only procedures to evaluate the effectiveness of the ERP of the proponent Procedures are in place to evaluate the effectiveness of the ERP of both the proponent and the responsible
institution
4. Does the environmental assessment process consider risk and risk management? Select one or more as appropriate.
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Human health Flora, fauna, ecosystems and biodiversity Soil, water, air, climate and landscape Use of land, natural resources and raw materials Protected areas and sites of special significance Heritage, recreation and amenity assets Well being of affected communities
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LAC
MENA
Asia-Pacific
Results and sub-themes and themes averages Theme average % # not complying with benchmark (0) # countries with no data 1 1 1 1 3 1 1 2 1 2 0 0
Page 85
Score as % of benchmark
Colombia
Malaysia
Thailand
Ecuador
Afghanistan
Kazakhstan
Benchmark Average
Number of Responses
Philippines
Azerbaijan
Mauritania
Cameroon
Venezuela
Cambodia
Indonesia
Argentina
Angola
Mexico
Nigeria
Algeria
Yemen
Congo
Gabon
China
Egypt
Syria
Peru
1 1 1.1 1 2 2.1 2.2 2.3 2.4 3 1.1 1.2 1.2 1.2 1.2 1.2 1.2 1.3 1.3 1.4 4 1.4
INSTITUTIONAL CAPACITY 1.0 Legal, Regulatory and Contractual Framework 1.1 Legal, Regulatory and Contractual Framework Overview 1. The national legal system is primarily based on common law or civil law. 1.2 Constitutional Rights and Obligations 2. There are Constitutional rights and obligations which: Address the ownership of natural resources; Protect human health; Protect and sustain the environment; Address the status of indigenous people. 1.3 Environmental Governance Objectives 3. The legal system relies primarily on penalties or on incentives to achieve its environmental governance objectives. 1.4 Environmental Policy for the Oil and Gas Industry 4. There is a specific law (or set of laws) that establishes policy for the development of the oil and gas industry and there are regulations duly passed which provide direction to implement the policy. 5. There is an environmental law(s) that sets policy to address environmental issues arising from oil and gas development and there are a full set of regulations duly passed that provide direction for policy implementation. 6. In the context of oil and gas industry development, there are laws that establish policy in regard to the following: Water use Emissions into air, onto land or into water Effluents into air, onto land or into water Waste management (including hazardous waste management) Decommissioning and abandonment Pollution Noise There are regulations duly passed that provide direction to the implementation of their respective policies and have quantitative standards. 1.5 International Obligations and Agreements 7. The national government has incorporated international law rights and obligations within its legal system that address environmental issues arising from oil and gas industry development. 8. The government sets out policy to address potential environmental impacts which effect neighbouring countries through notification or consultation. 9. For multi-national oil and gas companies, the company is required to adhere to the corporate policies established as a result of the jurisdictional requirements followed in its country of origin. 1.6 Host Government Agreement / Production Sharing Agreement 11. There is a specific host government agreement that puts forward the contractual rights and obligations of the host government arising from an oil and gas development and also directly addresses the host governments related environmental rights and obligations. 2 0 0 1 0 1 0 0 1 0 1 2 2 0 1 1 0 1 2 1 1 0 2 1 2 1 2 1 1 1 25 26 96 6 23 13 50 7 27 12. There is a specific production sharing agreement that puts forward the contractual rights and obligations of the proponent(s) of an oil and gas development which also addresses the proponents related environmental rights and obligations.. 1.7 Parks, Protected Areas and other restrictions of Oil and Gas Activities 13. Oil and gas development is not allowed in parks and protected areas. 14. There are clearly identified restrictions which apply prior to the bidding process. 1.8 Environmental Disputes 100 2 1 v v v 2 2 v v v v 2 2 v v v v 2 2 v v v v 2 1 v v v 2 2 0 0 0 0 2 2 v v v v 2 2 v v v v 2 2 v v v v 2 2 v v v v 2 2 v v v v 2 2 v v v v v 2 2 v v v v 2 1 v v v 2 2 v v v v 2 2 v v v v 2 1 v v 2 2 v v v v 2 2 1 v v 2 1 v 2 1 v v v 2 2 v v v v 2 2 v v v v 2 1 v 2 1 v v 2 2 v v v 2 2 v v v v 2 1 v 2 1 v v v 2 1 v 2 1 v 2 1 v 54 38 27 25 100 76 76 13 52 12 48 0 0
65 2 2 2 2 2 2 1 1 1 1 1 2 1 1 2 2 1 1 2 2 2 1 2 1 2 1 1 1 1 1 1 1 34 26 65 59 8 31 18 69 0 0
2 5 1.4
31
26
60
31
15
58
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2 2 v v v v v v v
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2 2
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0 1 v v v v v -
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26 33
26 24
50 69
6 9
23 38
14 15
54 63
6 0
1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.4 1.5
55
1.5
36
26
69
18
69
1.5
24
26
46
11
42
13
1.5 1.6
13
26
50 77
19
12
18
11
1.6
12
1.6
29
25
58 67
32
13
52
2 2
1 2
1 2
2 2
1 2
2 2
2 2
2 2
1 1
1 2
1 1
1 0
1 2
2 1
1 1
2 2
1 1
2 1
2 0
2 0
2 2
0 2
1 0
2 2
2 2
2 2
0 1
2 1
1 2
1 0
1 2
0 2
1 2
36 36
27 27
67 67 62
12 14
44 52
12 8
44 30
3 5
Summary Data
9/18/2009
% 12 23 0 31 50 69 16 11 19
LAC
MENA
Asia-Pacific
Results and sub-themes and themes averages Theme average % # not complying with benchmark (0) # countries with no data 2 1 1 No dt 2 2 2 3 3 No dt 0 2 2 2 6
Page 86
Score as % of benchmark
Colombia
Malaysia
Thailand
Ecuador
Afghanistan
Kazakhstan
Benchmark Average
Number of Responses
Philippines
Azerbaijan
Mauritania
Cameroon
Venezuela
Cambodia
Indonesia
Argentina
Angola
Mexico
Nigeria
Algeria
Yemen
Congo
Gabon
China
Egypt
Syria
Peru
18
1.8
19 20
1.8 1.8
18. There is meaningful access to quasi-judicial board or commission and access to National Court System for all stakeholders to a functioning judiciary for independent, ultimate adjudication of disputes and determination of remedies arising from the environmental implications of oil and gas industry development. 2 19. There is a law which identifies and establishes appeals process or public hearings for controversial and/or complex projects. 2 20. The public has access to the court and legal system to seek remedies for environmental non-compliance. 2 Sum(except question 1) 23 Answered questions (except question 1) 12 % of benchmark 96 Summary (average) of the scores by region
1 2 2 24 15 80
2 2 2 23 12 96
2 2 2 28 15 93
2 19 12 79 89
2 2 2
1 2 2 22 15 73
0 2
0 0
1 0 1 15 15 50
2 2 2 19 15 63
2 2 1 10 12 42
1 0
2 2
2 2 1 25 15 83
1 0
1 0
1 1 1 13 11 59
1 0 2 8 13 31 65
2 0
1 2
1 0 2 16 15 53
1 2 2 20 14 71 62
1 2 1 17 15 57
0 0
0 0
0 2
1 -
2 2
1 0 2 16 15 53
2 2 1 17 15 57
1 2 2 19 15 63 56
28 29 42
26 26 27
54 56 78
7 14 15
27 54 56
14 1 12
54 4 44
5 11 0
1 2 19 12 15 15 63 40
1 2 16 23 15 15 53 77 55
2 2 2 20 21 18 14 14 15 71 75 60
1 1 18 16 14 14 64 57
1 1 19 11 14 15 68 37
2 2 2 16 15 19 15 14 15 53 54 63
59
Country Cn 2 2.1 22 23 2.1 2.1 2.2 24 24 24 24 24 25 25 26 2.2 2.2 2.2 2.2 2.2 2.2 2.2 2.2
Nr
It
Br
Ml
Av
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave r BM 2 74
BM 1
BM 0
2.0 Strengthening Institutions and their Governance Capacity 2.1 Institution Structure 22. The institutional set-up for the environment and social management of the oil and gas sector includes a dedicated 2 2 2 2 2 environmental authority or a separate ministry/department. 23. The responsible institution has a written mandate and objectives and a clear set of strategies to accomplish these. 2 2 2 2 2 2.2 Institutional Capacity 24. The institution has sufficient resources to implement its strategies and fulfil its objectives, including the following: 2 2 2 2 Budget s i s Staff personnel s i s Staff training related to the environmental management of oil and gas development s i s Access to equipment, technologies and information s i s Retention of institutional knowledge s i s 25. There is a low rate of staff turnover within the responsible institution. 2 0 2 2 26. The responsible institution pays wages which are competitive and 2 0 are sufficient to attract and retain staff. 2 2 Sum 10 10 10 6 4 Questions answered 5 5 5 5 2 % of the benchmarks 100 100 100 60 100 Summary (average) of the scores by region 92
2 2
1 2
1 2
1 2
2 1
1 2
2 2
1 1
1 2
1 2
1 2
2 2
1 1
1 2
1 2
2 2
2 2
1 2
2 2
1 1
1 1
1 1
1 1
2 2
1 2
1 1
32 42
25 25
64 84 51
7 17
28 68
18 8
72 32
0 0
2 0 0 0 0 0 2 2
1 i i i s s 1 1 6 5 60
1 s ss ss ss ss 1
1 s s ss s i 0
1 i ss i ss i 0 1 5 5 50
1 s s i i ss 1 1 6 5 60
1 s ss i ss i 0 0 5 5 50
1 i i
1 ss i
1 ss ss 1 5 4 63
1 ss i i i ss 2
2 s s s s s 1
1 i i i i i 2
1 i i ss i ss 2 1 7 5 70
67
2 s s s s s 2
1 ss ss ss ss ss 2
1 ss s i ss ss 1 0 6 5 60
0 i i i i i 2 1 6 5 60 70
0 i i i i i 2 1 7 5 70
1 s s i ss s 1
1 ss ss i i i 1
1 s ss ss ss ss 1
1 i ss ss i ss 1
1 s i i i i 0
0 i i i i i 0 1 5 5 50
0 i i i i 2 2 7 5 70
1 i ss i i i 2 1 6 5 60 56
24
26
46
2 0
20
77
ss i i ss s ss 0 1
28 25
25 25
56 50
9 3
36 12
10 19
40 76
6 3
0 2 5 6 5 5 50 60
1 1 4 6 5 5 40 60 53
1 1 1 7 8 6 5 5 5 70 80 60
1 1 8 8 5 5 80 80
1 2 5 2 5 50 50
2 1 1 6 5 4 5 5 5 60 50 40
60
Country Cn 3 3.1 67 68 3.1 3.1 3.0 Expanding Public Consultation and Disclosure 3.1 Public Consultation and Involvement 67. Public consultation is mandatory for certain classes of oil and gas projects. 68. The government and the proponent perform public consultation in the context and manner appropriate to their mandate. 69. Information collected from consultation will have the ability to affect the project approval and implementation in a meaningful way. 2 70 71 71 71 71 3.1 3.1 3.1 3.1 3.1 70. The identification of stakeholders is comprehensive. It includes all people affected by the project, the general public, public sector officials, non-governmental organizations and private sector companies. 71. The form and method of consultation considers the following: Language Culture Special consideration to target vulnerable or disadvantaged groups. 2 1 v v -
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave r BM 2 67
BM 1
BM 0
38
27
70
15
56
30
2 69 3.1
23
26
44
15
15
58
32
26
62
35
14
54
2 2 v v v
2 -
2 2 v v v
2 2
1 2 v v v
2 2 v v v
0 1 v v -
2 2 v v v
2 2 v v v
1 -
2 2 v v v
0 -
2 2 v v v
2 1 v v -
1 1 v v -
2 1 v v
2 2 v v v
0 1 v -
1 1 v v -
0 -
2 1 v
1 2 v v v
1 1 v -
1 -
2 1 v v v
1 1 v v -
0 1 v -
2 2 v v v
2 2 v v v
2 1 v v v
34 32
26 22
65 73
13 10
50 45
8 12
31 55
5 0
Summary Data
9/18/2009
% 19 42 0 % 0 0 15 24 12 % 15 27 12 19 0
LAC
MENA
Asia-Pacific
Results and sub-themes and themes averages Theme average % # not complying with benchmark (0) # countries with no data 3 4 3 3 3 2 0 1 No dt 1 0 0 0 1 0 1 2
Page 87
Score as % of benchmark
Colombia
Malaysia
Thailand
Ecuador
Afghanistan
Kazakhstan
Benchmark Average
Number of Responses
Philippines
Azerbaijan
Mauritania
Cameroon
Venezuela
Cambodia
Indonesia
Argentina
Angola
Mexico
Nigeria
Algeria
Yemen
Congo
Gabon
China
Egypt
Syria
Peru
71 72 73 74 75 76
15
3.2
16
3.2
17
3.2
Indigenous populations. v 72. Information about project activities should be provided to stakeholders early in the project cycle (i.e. during the scoping stage). 2 73. The timing and location of the consultation is required to be convenient and accessible to stakeholders. 2 74. There are provisions to reimburse the costs incurred by eligible stakeholders acting as interveners. 2 75. There are opportunities for appeals regarding project decisions or a public hearing for controversial and complex projects. 2 76. The stakeholder information is published and made publicly available except information that is confidential. 2 1.8 Consultation / Indigenous People 15. The government has ratified the International Labour Organization (ILO) Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries 16. There is a law(s) that establishes a policy that stakeholders and the general public are to be consulted regarding an oil and gas development and there are regulations duly passed that provide direction for the implementation of the policy. 2 17. There is a law(s) that specifically identifies and establishes a policy that addresses the rights and obligations of Indigenous people in relation to oil and gas industry (or, more generally, resource extraction) development and there are regulations duly passed that provide 2 direction for policy implementation. Sum 23 Questions answered 12 % of the benchmarks 96 Summary (average) of the scores by region
v 2 2 1 2 2
2 2 0 2 2
v 2 2 1 2 2
2 2 2 1 2 2
v 2 2 0 2 2
v 2 2 0 2 1
v 1 1 1 2 1
v 2 2 1 2 2
v 1 2 1 2 2
2 1 0 2 1
v 1 1 0 0 1
1 1 0 0 0
v 2 2 1 2 1
1 1 1 0 2
1 2 1 2 1
2 1 0 0 1
v 2 2 2 2 2
1 2 0 2 1
2 2 0 2 1
2 2 0
1 0 2 2 2
v -
v 1 1 1 2 2
2 0 0 0 1
2 1 1 2 2
2 1 0 0 1
1 2 1 2 1
v 1 2 0 2 1
v 2 2 1 2 1
2 2 1 2 1 37 35 17 38 31 24 24 25 25 25 77 73 68 76 62 44 13 13 3 19 8 54 54 12 76 32 11 9 11 0 15 46 38 44 0 60 0 2 11 6 2 0 8 44 24 8
19
26
37
31
12
15
25
27
46
19
15
56
1 24 13 92
18 10 90
0 22 13 85
1 5 4 63 85
0 17 13 65
2 0 17 11 13 13 65 42
0 22 13 85
2 21 13 81
12 11 55
0 0 14 6 13 12 54 25 64
0 19 13 73
0 2 1 13 13 14 13 12 13 50 54 54
1 22 13 85
0 4 5 40 54
0 0 10 12 13 13 38 46
1 5 10 25
1 13 13 50 40
1 9 8 56
0 0 15 8 13 12 58 33
0 0 0 18 9 13 13 13 13 69 35 50
0 16 13 62
2 22 12 92
0 19 13 73 59
13
26
50
15
19
17
56
Country Cn 4 4.1 30 4.1 4.0 Improving Environmental Assessment beyond the Approval Stage 4.1 Approval Process, Screening and Scoping 30. Environmental assessment is undertaken at all phases of oil and gas development including exploration, development and production. 2 31 4.1 31. The environmental assessment screening process is mandatory for all projects and is used to determine potential for significant negative environmental effects. 32. The environmental assessment includes a scoping process to identify key issues, timing, spatial boundaries, public consultation and other delimiters which will govern the level of effort and direction. 33. For each oil and gas project, a terms of reference (TOR) is prepared by the government that determines what is to be included in the EIA. The TOR is reviewed by other agencies of government and the public before being finalized. 34. The EIA application and review process for oil and gas project includes specific timelines in regard to the responsibilities of proponents and government regulators. 4.2 EIA Content and Approach 35. The environmental assessment process considers an analysis of alternatives to establish the preferred or most environmental and socially sound option for oil and gas development. 36. The environmental assessment process includes an assessment of socio-economic, biophysical, and cumulative impacts in an integrated manner. 37. Environmental assessments of oil and gas projects include: Environmental baseline information of pre-project conditions. Qualitative and quantitative information related to water, air, soils, vegetation and wildlife. Qualitative and quantitative estimations of environmental effects.
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave BM 2 r
BM 1
BM 0
72
41
26
79
16
62
35
43
27
80
18
67
26
32
4.1
2 33 4.1
41
27
76
15
56
11
41
33
27
61
11
41
11
41
34
4.1 4.2
36
27
67 64
11
41
14
52
35
4.2
33
27
61
10
37
13
48
36 37 37 37 37
2 2 v v v
2 2 v v v
2 2 v v v
2 2 v v v
2 v v v
2 2
0 2 v v v
2 2 v v v
1 2 v v v
2 2 v v v
1 2 v v v
1 -
2 2 v v v
1 1 v v v
2 2 v v v
1 1 v v
1 2 v v v
0 1 v v
2 2 v v v
2 -
2 2 v v v
0 2 v v v
1 2 v v v
1 1 v v
1 1 v v v
1 1 v v v
0 2 v v v
1 2 v v v
2 1 v v v
2 2 v v v
1 2 v v v
2 2 v v v
1 2 v v v
33 43
27 25
61 86
10 18
37 72
13 7
48 28
4 0
Summary Data
9/18/2009
% 58 26 65 % 4 7 4 19 7 15 15 0
LAC
MENA
Asia-Pacific
Results and sub-themes and themes averages Theme average % # not complying with benchmark (0) # countries with no data 2 2 3 3 3 3 No dt 1 2 1 2 2 No dt 1 3 0
Page 88
Score as % of benchmark
Colombia
Malaysia
Thailand
Ecuador
Afghanistan
Kazakhstan
Benchmark Average
Number of Responses
Philippines
Azerbaijan
Mauritania
Cameroon
Venezuela
Cambodia
Indonesia
Argentina
Angola
Mexico
Nigeria
Algeria
Yemen
Congo
Gabon
China
Egypt
Syria
Peru
37 38 38 38 38 38 39 40 41
4.2 4.2 4.2 4.2 4.2 4.2 4.2 4.2 4.2 4.3
42 43
4.3 4.3
Mitigation measures the proponent intends to adopt to reduce or avoid impacts. v v v v v Landscape and cultural heritage. v v v v v Public Health. v v v v v Monitoring Plan. v v v v v Project effects on protected areas. v v v v v 38. Environmental assessments include an assessment of regional effects. 2 2 2 39. A qualitative and quantitative characterization of the importance of each potential environmental impact is made (including positive impacts). 2 2 2 2 40. Mitigation planning is used to reduce or eliminate potential significant effects. 2 2 2 2 41. Baseline information is considered to be in the public domain and is available at both the project and regional level. 2 2 2 2 4.3 Project Siting 42. The government considers land use policies and/or other relevant policies for locating new oil and gas developments 2 2 2 2 43. Consultation is required for the siting of new oil and gas 2 development. 2 2 2 Sum 26 28 26 28 12 Questions answered 13 14 13 14 6 % of the benchmarks 100 100 100 100 100 Summary (average) of the scores by region 100
v v v v v 2 1
v v v v v 2
v v v v v 0
v v v v v 2
v v v v v 0
v v v v v 2
v v 0
v v v v v 0
v v v v 0
v v v v v 0
v v v 0
v v v v v 0
v v v v v 2
v v v v v 2
v v v v v 0
v v v v 2
v 0
v v v 0
v v v v v 0
v v v v v 2
v v v v 0
v v v v v 2
v v v v v 2
v v v v v 2
v v v v v 0 21 26 40 10 38 1 4 15 58
2 2 2
1 1 2
2 2 2
1 1 1
2 1 2
1 2 2
1 1 2
2 2 1
0 1 1
2 2 1
1 1 0
1 1 1
1 1 1
2 1 0
0 -
2 1 1
2 1 0
1 1 1
1 0 2
2 2 1
1 2 1
2 2 1
2 1 1
2 2 2
1 2 1
2 2 2
1 1 2
36 34 31
26 25 25
69 68 62 67
12 10 9
46 40 36
12 14 13
46 56 52
2 1 3
2 2
2 1 19 14 68
2 2 23 14 82
0 1 18 14 64
0 0 16 13 62
2 2 23 14 82
2 0 20 14 71
8 7 57 58
0 1 12 14 43
2 1 20 14 71 64
9 9 50
2 1 19 14 68
2 2 25 14 89
2 2 18 14 64 70
38 29
25 25
76 58
19 7
76 28
0 15
0 60
6 3
1 1 27 16 14 14 96 57
2 1 24 13 14 14 86 46 74
1 1 1 15 15 12 14 14 14 54 54 43
0 2 18 22 14 14 64 79
2 1 22 16 14 14 79 57
1 1 1 23 19 20 14 14 14 82 68 71
67
Country Cn
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave r BM 2 50
BM 1
BM 0
44 45
5.1 5.1
46 47 48
5.0 Ensuring Effective EIA Monitoring and Follow-up 5.1 Environmental Monitoring and Follow-up 44. Environmental monitoring and environmental management plans are required for review and approval for oil and gas projects. 2 2 45. Regular monitoring is undertaken by the responsible agency and involves tracking changes to the environmental or social baseline of a region resulting from all activities in the area. 2 46. There is independent monitoring of project impacts, mitigation effectiveness and compliance assessment for large projects with significant environmental and/or social impacts. 1 2 47. The results of environmental monitoring are made publicly available. 2 2 48. In the case that monitoring indicates that prescribed mitigation 2 actions are not working, adaptive management is applied. 2 Sum 8 9 Questions answered 4 5 % of the benchmarks 100 90 Summary (average) of the scores by region
49
26
94
23
88
12
33
26
63
12
46
35
0 2 2 8 5 80
2 0
2 -
2 2 2
1 0 1 5 5 50
0 1
0 0
2 0 0 5 5 50
0 1 1 6 5 60
0 1 2 5 5 50
0 1
0 0
1 1 1 7 5 70
1 0
0 0
0 0
0 0 1 5 5 50
52
0 0
0 0
0 0 1 3 5 30
0 0 0 4 5 40 40
0 1 1 3 5 30
0 2
0 1
0 0
0 0
0 0
0 0 1 3 5 30
2 1 2 9 5 90
2 1 1 7 5 70 53
9 11 29
26 26 26
17 21 56
3 1 8
12 4 31
3 9 13
12 35 50
20 16 5
2 8 4 5 2 80 100 90
1 2 6 5 5 5 60 50
0 2 4 6 5 5 40 60 51
0 1 2 5 3 5 5 5 5 50 30 50
1 2 3 6 5 5 30 60
2 1 7 6 5 5 70 60
2 1 0 6 3 4 5 5 5 60 30 40
50
Country Cn 6 6.1 59 60 60 60 60 60 61 61 61 61 61 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.1 6.0 Optimizing Regulatory Enforcement 6.1 Regulatory Enforcement and Compliance 59. The responsible authority primarily invokes a command and control approach to regulatory enforcement and compliance. 60. The following command and control approaches are invoked: Fines, sanctions or monetary penalties Closure of facilities Suspension of permits Imprisonment of officers or responsible corporate parties Costs of pollution clean 61. Indirect enforcement measures include: Record keeping and reporting Public release of non-compliances Issuing bulletins or other statements to operators on enforcement procedures
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave r BM 2 64
BM 1
BM 0
2 2 v v v v v 2 v v v
2 2 v v v v v 2 v v v
2 2 v v v v v 2 v v v
2 2 v v v v v 2 v -
2 -
2 2
2 2 v v v v v 1 v -
1 1 v v v v 1 v v -
1 2 v v v v v 1 v v -
2 2 v v v v v 2 v v v
1 2 v v v v v 2 v v v
2 1 v 1 -
1 2 v v v v v 1 v -
0 1 v 1 -
2 1 v v v v 1 -
1 1 v v v v 1 v v
1 2 v v v v v 1 -
1 1 v 1 v v
2 1 v v v v 1 v -
1 2 v v v v v 2 v v v
1 1 v 1 v -
1 2 v v v v v 1 v v
2 1 v v v v 1 v v v
1 1 v 1 -
1 1 v v v 1 v v v
1 1 v v v v v 1 v v
2 2 v v v v v 1 v v v
2 1 v v v v 1 v v v
1 1 v v v 1 -
0 1 -
1 2 v v v v v 1 v v v
1 1 v 1 v -
32 35
26 25
62 70
8 10
31 40
16 15
62 60
2 0
29
26
56
12
23
88
Summary Data
9/18/2009
% 8 4 12 24 12 % 0 19 77 62 19 % 8 0 0
LAC
MENA
Asia-Pacific
Results and sub-themes and themes averages Theme average % # not complying with benchmark (0) # countries with no data 3 No dt 0 4 4 4 4 3 6 No dt 2 2 5 No dt
Page 89
Score as % of benchmark
Colombia
Malaysia
Thailand
Ecuador
Afghanistan
Kazakhstan
Benchmark Average
Number of Responses
Philippines
Azerbaijan
Mauritania
Cameroon
Venezuela
Cambodia
Indonesia
Argentina
Angola
Mexico
Nigeria
Algeria
Yemen
Congo
Gabon
China
Egypt
Syria
Peru
61 62 62 62
Conducting environmental audits v v v v Seeking assurances of voluntary compliance v v v Encouraging mediation and arbitration. v v v 62. Remedies are available to the public to seek the enforcement of 2 environmental laws and regulations. 2 2 2 2 Sum 8 8 8 8 4 Questions answered 4 4 4 4 2 % of the benchmarks 100 100 100 100 100 Summary (average) of the scores by region 100
v 2 2 7 4 88
v -
v v v
v v v
v v 2 6 4 75
v -
v -
v 4 3 67
v -
v -
v v -
v v v 1 5 4 63
55
v v v
v -
v 2 6 4 75
v v 4 3 67 67
v 1 4 4 50
v v v
v -
v -
v 1 2 3 33
v v 1 5 4 63
v v v 2 5 4 63 59 33 24 69 12 50 9 38 3 13
2 0 2 2 5 4 8 7 4 4 4 4 63 50 100 88
1 0 5 2 4 4 63 25 75
2 2 0 5 6 3 4 4 4 63 75 38
1 1 6 4 4 4 75 50
1 1 4 4 4 4 50 50
2 2 2 7 6 5 4 4 4 88 75 63
64
Country Cn 7 7.1 27 7.1 7.0 Eliminating Barriers to Information 7.1 Environmental and Social Information System 27. The government has an information system (may or may not be electronic) to store and retrieve baseline and other types of environmental and social information associated with oil and gas development. 28. The system is accessible to all stakeholders, but may restrict different types of information or layers from certain parties. 29. There are sufficient resources to ensure that the information system receives proper maintenance, maintains a high integrity of information and the content is up-to-date. 7.2 Transparency and Information Dissemination 63. The responsible institution has an information disclosure policy. 64. The responsible institution makes a commitment to respond to all requests for information and provides justification for any denial. 2 65 66 66 66 66 66 7.2 7.2 7.2 7.2 7.2 7.2 65. Information dissemination is conducted early in the project cycle. 2 66. The form and method of information dissemination considers the following: Language Culture Special consideration to target vulnerable or disadvantaged groups. Indigenous populations. 1 v v
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave r BM 2 22
BM 1
BM 0
2 2
2 2
2 2
2 2
2 -
2 2
0 0
2 2
1 0
1 1
1 1
0 -
0 1
0 0
1 -
0 0
0 0
0 0
2 2
0 -
1 0
1 0
0 0
1 0
1 1
1 1
0 0
2 0
0 0
0 0
0 0
1 1
1 1
17 11
27 24
31 23
3 2
11 8
11 7
41 29
13 15
28 29
24
10 56
21
19
63 64
7.2 7.2
22
23
48
22
12
52
2 2 2 v v
2 2 -
2 2 2 v v
2 2 2
2 0 1 v 4 7 29
1 1 2 v v
0 2 1 v -
2 2 2 v v v v 10 7 71
2 2 2 v v v v 10 7 71
2 2 6 4 75
1 1 1 v
0 1 1 v -
2 2 2 v v v v 7 4 88
1 0 -
1 1 1 v v
1 1 1 v
1 2 2 v v v v 11 7 79
41
1 2 1 v v
0 0 1 v v
0 0 0 0 0 0 9 0
1 1 1 v 5 7 36 27
3 3 50
1 1 v -
0 2 1 v -
1 2 1 v v
0 2 1 v v
1 2 1 v -
1 1 2 v v v v 4 7 29
1 1 2 v v v v 8 7 57
1 1 1 v v 6 7 43 41
23 32 29
24 25 22
48 64 66
5 11 7
21 44 32
13 10 15
54 40 68
6 4 0
v v v v v Sum 13 14 12 12 4 Questions answered 7 7 6 7 2 % of the benchmarks 93 100 100 86 100 Summary (average) of the scores by region 96
v v v 9 5 7 7 64 36
v v 5 2 7 7 36 14 55
v 2 4 3 6 7 7 17 29 21
v 6 4 7 7 43 29
5 3 5 7 50 21
v 9 3 5 7 7 7 64 21 36
43
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave r BM 2
BM 1
BM 0
8.0 Incorporating Best Environmental Practice 8.1 Best Environmental Techniques (BET) and Best Environmental Practice (BEP) 77. Environmental institutions have a policy which promotes BAT and BEP jointly with industry. 2 2 2 2 78. Compliance with international best practices and standards is required for oil and gas development projects. 1 0 2 2 79. The institution has a process to review and change laws to 2 incorporate the latest environmental standards. 2 2 2 Sum 6 5 6 4 Questions answered 3 3 3 3 % of the benchmarks 100 83 100 67 Summary (average) of the scores by region
60 88 2 2 2 1 1 0 2 3 33 2 1 1 0 2 1 2 5 3 83 1 1 0 2 3 33 2 2 1 5 3 83 0 1 1 2 2 2 1 2 2 1 0 2 2 2 69 0 0 0 2 0 2 1 3 2 75 1 2 2 5 3 83 2 2 2 2 2 2 0 1 2 2 0 1 1 2 2 1 1 4 3 67 1 2 1 4 3 67 2 2 1 5 3 83 63 34 38 19 26 26 23 65 73 41 13 14 4 50 54 17 8 10 11 31 38 48 5 2 8 19 8 35
1 0 4 1 3 3 67 17
1 1 2 1 0 0 2 2 4 6 4 3 2 6 3 3 3 3 3 3 3 33 67 100 67 50 33 100 50
1 1 0 5 4 5 1 3 2 3 3 83 100 83 17 60
1 0 0 5 1 3 3 3 3 83 17 50
61
9.0
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave r BM 2
BM 1
BM 0
Summary Data
9/18/2009
% % 48 63 79 26 25 16 0 % %
LAC
MENA
Asia-Pacific
Results and sub-themes and themes averages Theme average % # not complying with benchmark (0) # countries with no data 1 2 2 5 9 5 3 4 3 5 No dt 2 1 3 2 No dt
Page 90
Score as % of benchmark
Colombia
Malaysia
Thailand
Ecuador
Afghanistan
Kazakhstan
Benchmark Average
Number of Responses
Philippines
Azerbaijan
Mauritania
Cameroon
Venezuela
Cambodia
Indonesia
Argentina
Angola
Mexico
Nigeria
Algeria
Yemen
Congo
Gabon
China
Egypt
Syria
Peru
53 54 55 56 57 58
9.1 Decommissioning and Abandonment 49. The government has an established process for managing the decommissioning and abandonment of oil and gas projects. 2 2 2 50. Liability for oil and gas activities rests with owner/operator, or transfers to government after the conclusion of resource extraction. 2 51. Governments are required to approve decommissioning and abandonment plans. 2 2 2 52. Decommissioning and abandonment requirements apply to all onshore oil and gas facilities (well sites, pipelines and production facilities). 2 2 53. Decommissioning and abandonment requirements apply to all offshore oil and gas facilities (wells and flow lines, subsurface production facilities, platforms and pipelines). 2 2 54. There are specific guidelines specifying the residual limits for contamination in soil and water. 2 2 55. The government makes or confirms an assessment of liability costs associated with restoration. 0 2 56. Government requires that the owner/operator provides a security in the form of a deposit, bond or other financial instrument for future liability associated with oil and gas activities. 0 0 57. There are procedures in place for assigning decommissioning and abandonment costs of orphan wells. 58. The government have a commitment to ensure that inactive oil 2 and gas facilities are remediated in a timely manner. 2 Sum 14 4 14 Questions answered 9 2 8 % of the benchmarks 78 100 88 Summary (average) of the scores by region
55 1 2 2 2 2 2 2 2 1 1 1 0 1 1 1 2 1 1 1 1 1 1 1 1 0 1 0 1 1 1 1 1 2 1 1 1 1 2 0 2 0 1 2 1 2 2 2 0 1 2 0 1 1 1 1 2 2 2 1 2 0 2 0 1 0 2 1 0 0 1 0 1 1 1 1 0 1 1 1 1 1 2 1 1 2 24 28 28 26 26 25 46 54 56 5 5 7 19 19 28 14 18 14 54 69 56 7 3 4 27 12 16
36
22
82
14
64
36
2 1 1
2 2 1
2 2 0
2 0 0
1 0
1 2 0
1 1 0
2 0 0
2 2 2
1 0 0
1 0
1 2
0 0
2 0 2
2 2 0
1 0
2 2 2
2 2
2 0 0
2 0
0 0
2 0 0
2 0 0
2 0 2
2 0 0
2 0 0
2 0 0
33 17 12
19 23 25
87 37 48
14 7 6
74 30 24
5 3 0
26 13 0
0 13 19
1 2
1 2 2
0 0 0 9 10 45
1 0
1 0
1 0 1 9 10 45
1 0 1 9 10 45
0 1 6 9 33
2 0
0 0
1 2 9 8 56
0 1
0 0
2 0
0 0 1 12 10 60
45
2 2
1 0
1 0 1 10 8 63
2 0 0 11 10 55 58
2 0 1 11 9 61
0 0
0 0
0 0
2 1
1 0 0 8 10 40
2 1 0 11 10 55
1 0 0 9 10 45 40
23 7 13
24 25 23
96 14 28
7 2 1
29 8 4
9 3 11
38 12 48
8 20 11
1 15 6 10 3 75 100 88
0 2 7 9 10 9 35 50
1 1 13 6 10 10 65 30 45
0 0 9 2 11 8 8 10 56 13 55
1 0 11 11 9 10 61 55
1 0 2 7 8 10 13 35
0 1 5 13 1 10 10 2 25 65 25
46
Country Cn 10 10.1 10. Effective risk management 10.1 Risk Avoidance and Management 80. The government is committed to implementing the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. 81. The environmental assessment process should contain a description of emergency response procedures in relation to an accident, natural event or other emergency. 82. There is a process to monitor the effectiveness of the emergency response plan by both the proponent and the responsible institution.
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave BM 2 r 65
BM 1
BM 0
80
10.1
33
26
63
12
46
35
81
10.1
35
26
67
13
50
35
82 83 83 83 83 83 84 84 84
2 2 2 2 83. The environmental assessment process considers the following in 2 relation to risk and risk management: 2 2 2 Human health v v v v Flora, fauna, ecosystems and biodiversity v v v v Soil, water, air, climate and landscape v v v v Use of land, natural resources and raw materials v v v v Protected areas and sites of special significance v v v v Heritage, recreation and amenity assets v v v v v Well being of affected communities v v v Sum 8 8 8 8 2 Questions answered 4 4 4 4 1 % of the benchmark 100 100 100 100 100 Summary (average) of the scores by region 100
2 2
0 2 v v v v v v v 2 4 25
2 2 v v v v v v v 7 4 88
1 2 v v v v v v v 5 4 63
1 1 v v v v 6 4 75
63
1 2 v v v v v v v 7 4 88
1 2 v v v v v v v 5 4 63 75
0 1 v v v v v v 3 4 38
0 1 v v v v v 4 4 50
0 2 v v v v v v v 6 4 75
1 1 v 6 4 75 54
25 41
25 26
50 79
7 15
28 58
11 11
44 42
7 0
2 2 v v v v v v v v v v v v v v 7 8 4 4 88 100
2 1 2 2 2 1 2 v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v v 7 4 8 4 4 2 8 4 4 4 4 4 4 4 88 50 100 50 50 25 100 75
2 1 v v v v v v v v 6 6 4 4 75 75
1 1 v v v v v v v v v v v 3 3 3 4 50 38
2 1 1 v v v v v v v v v v v v v 7 4 2 4 4 4 88 50 25
65
Nr
It
Br
Ml
Ar
Cl
Ec Mx
Pr
T&T
Vn An Cm Cg Gb Mr Ng ST&P
Al
Eg Sy Ym Af
Az Cb Ch
In Kz PNG Ph
Th
Ave r BM 2 72
BM 1
BM 0
Summary Data
9/18/2009
% 0 0 57 76 33 80 48 % 19 15 28 0 %
LAC
MENA
Asia-Pacific
Results and sub-themes and themes averages Theme average % # not complying with benchmark (0) # countries with no data 3 1 No dt
Page 91
Score as % of benchmark
Colombia
Malaysia
Thailand
Ecuador
Afghanistan
Kazakhstan
Benchmark Average
Number of Responses
Philippines
Azerbaijan
Mauritania
Cameroon
Venezuela
Cambodia
Indonesia
Argentina
Angola
Mexico
Nigeria
Algeria
Yemen
Congo
Gabon
China
Egypt
Syria
Peru
10 21
11.1 11.1
10. The national government participates in the WB Global Gas Flaring Reduction Initiative (GGFR). 21. Measures are in place for reporting of greenhouse gas originating from the oil and gas industry and reducing emissions where possible. Sum Questions answered % of the benchmark Summary (average) of the scores by region Sum of all scores Number of responses (counted) Country score in % of maximum value (benchmark)
26
25
104
13
52
13
0 0 2 0
1 1 2 25
0 0 2 0
2 2 2 50
1 3 2 75
0 0 2 0 77 72 53 T&T
0 0 2 0 21 94 82 57
1 2 2 3 4 4 2 2 2 75 100 100
0 0 2 2 2 2 2 2 1 50 50 100
75 117 88 81 78 111 81 75 78 78 82 77 46 78 56 52 48 72
1 1 2 25 71 21 27 39
2 4 2 100
2 0 4 2 2 2 100 50 63 90 92 74 95 79 79 79 80 57 58 47 59 Al
0 0 1 0
0 2 2 4 2 2 50 100 72 66 55
0 0 2 0
2 0 0 2 2 2 2 2 2 50 50 50
0 0 2 0 81 81 50
88 64 104 80 78 73 81 82 81 74 60 40 63 49 53 Az Cb Ch
1 1 2 25 39 115 101 81 82 71 62 Th 56
1 1 2 25
22
27
41
30
26
13
46
Vn An Cm Cg Gb Mr Ng ST&P 59 56
Eg Sy Ym Af 55
In Kz PNG Ph
Ave BM 2 r
BM 1
BM 0
Summary Data
9/18/2009
% 52 48 %