FOR MONITORING THE ENVIRONMENTAL PERFORMANCE OF OIL AND GAS COMPANIES DEVELOPED BY CIVIL SOCIETY COALITION ON OIL AND GAS (CSCO) IN COLLABORATION WITHCIVIL SOCIETY ALLIANCE ON OIL AND AND GAS IN SOUTH AND EASTERN AFRICA (COSEA) WITH SUPPORT FROM WWF REGIONAL OFFICE FOR AFRICA – ENERGY ENERGY HUB.
ACKNOWLEDGEMENTS: We are very grateful to all those who contributed in various ways to the initiation and development of this Citizens’ tool for monitoring environmental performance of oil and gas companies . The team is grateful to the CSCO Steering Committee (2014); the oil and gas companies in Uganda who cooperated in pre-testing the tool, the district local governments and local community representatives. The people involved are too many to mention, but the following deserve special mention. We are grateful to the following members of the study team; Twebaze Paul and Nathan Makuregye of Pro-Biodiversity Conservationists in Uganda (PROBICOU); Geofrey Odama and Agnes Ochokoru of Rural Integrated Community Empowerment – Empowerment – West West Nile (RICE-WN); Ivan Amanigaruhanga and Robert Ddamulira of the WWF Regional Office for Africa (WWF ROA) – ROA) – Energy Energy Hub among others. We also wish to acknowledge and appreciate the support we have received in this process from CSOs from Mozambique, Tanzania and Kenya.
DISCLAIMER: The views presented in this document don’t reflect the official positions of the organizations or individuals involved. The tool report is supplied in good faith and reflects the knowledge, expertise and experience of the parties involved. The tool must not be published, quoted or disseminated to any other party without appropriately referencing CSCO and Civil Society Alliance on Oil and Gas in South and Eastern Africa (COSEA) as authors of the work. CSCO and COSEA accept no responsibility for any loss occasioned by any person acting or refraining from action as a result of reliance on the report. In conducting the analysis in the report the study team has endeavoured to use the best information available at the date of publication, including information supplied by the various respondents. The study team approach has been to develop analyses from first principles, on the basis of logic and available knowledge and evidence from the field. Unless stated otherwise, the study team does not warrant the accuracy of any results in the use of the tool.
INTRODUCTION INTROD UCTION TO THE TOOL ................................. ................ ................................... ................................... ................................... ................................... .................... ... 4
1.1
COVERAGE COVERA GE AND FOCUS OF THE TOOL ................................... ................. ................................... ................................... .................................... .................... .. 5
HOW TO APPLY THE TOOL: .................................. ................. ................................... ................................... ................................... ................................... .................... ... 6
3.0
MONITORING MONITOR ING ELEMENTS AND REQUIREMENTS: REQUIR EMENTS: ................................. ................ ................................... ................................... .......................... ......... 7
Table1: Showing monitoring elements, specific requirements and observation c hecklists................. hecklists..................... .... 7 ATTACHMENT 1: ENVIRONMENTAL PERFORMANCE MONITORING TOOL – SCOR – SCORE E SHEET SHEE T ................... .................. . 19
1.0 INTRODUCTION TO THE TOOL Oil and gas resources are important for human development. However, the development, transfer and utilization of these fossil-fuel resources presents significant challenges to the longterm conservation of the environment and natural resource especially in areas where oil and gas production takes place in Africa. The “Citizens’ Citizens’ tool for monitoring environmental performance of oil & gas companies (herein
referred to as MEPOC)” is an instrument which has been developed by WWF Regional Office for Africa (ROA) Energy Hub and CSCO (in collaboration with COSEA) for establishing the extent to which any given oil and gas company is effectively managing and conserving environmental resources, biodiversity and maintaining vital ecosystem services through its direct and indirect activities in a given area over the long-term.
The tool covers management actions, policies and guidelines or failure thereof, by companies; their representatives and their contractors or sub-contractors with respect to implementing international and national environmental safeguards during oil and gas development. 1
The tool is based on prevailing national, regional international best practices (specifically the IFC Performance Standards and ISO-14001 Environmental Standards as well as associated national legal, policy and other legislative frameworks and best practices. It is in this regard that the research team seeks to establish; 1) To what extent to which an oil and gas company effectively implements the requirements of the IFC performance standards for environmental management. 2) The extent to which an oil and gas company is ISO-140001 compliant in its practices. 3) The extent to which an oil and gas company complies with and exceeds the expectations of a host country’s environmental laws, standards and regulatory requirements. Environmental conservation (in the petroleum sector) involves practices aimed at resource efficiency, waste minimization, protection of biodiversity (identification and protection/enhancement protection/enhancement of important/‘critical’ habitats important/‘critical’ habitats and ecosystems/livelihoods), pollution prevention, among others, as influenced by environmental legislation and ethics in day-to-day conduct of oil and gas companies.
1
Best practices are defined as the exercise of professional skill, diligence, prudence and f oresight that would reasonably be expected from skilled and experienced professionals engaged in the same type of undertaking under the same or similar circumstances globally and regionally (IFC, 2012)
1.1
COVERAGE AND FOCUS OF THE TOOL
The tool covers the elements of the ISO 14001 Standards 1 – 1 – 8, 8, IFC Performance standards 1 and 6 and appropriate environmental laws and regulations of the country in which it i s being administered to measure the level of compliance of international oil companies (IOC). The main themes that form the core focus of the tool are environmental management, biodiversity conservation and maintenance of ecosystem services. The breakdown of the standard elements and their respective requirements is presented in appendix 1.
1.2
OBJECTIVES
1.2.1
Overall objective:
The overall objective of the tool is to design a mechanism for facilitating an objective discussion between civil society organizations and International Oil and Gas Companies on issues of environmental concern as a means towards generating consensus for win-win solutions that benefit people, the industry and the long-term conservation of the environment. The specific objectives of applying this tool are further discussed below;
1.2.2 Specific objectives: The tool enables citizens and oil and gas companies to;
i.
Periodically discuss and objectively assess how oil and gas development activities are affecting the environment and natural resources.
ii.
Jointly develop and agree upon corrective measures and recommendations on how to maintain environmental and ecosystem integrity in areas of oil and gas development.
2.0 METHODOLOGY METHODOLOGY OF TOOL DEVELOPMENT The initiative is a civil society-led approach to monitoring environmental performance performance of oil and gas companies operating in Africa and particularly in areas of high biodiversity conservation value and which are important to local livelihoods. The idea was jointly developed through a in a participatory process by COSEA with support from the WWF Regional Office for Africa Energy Hub. The process involved initial discussions with competent CSO members particularly in
Uganda representing COSEA, for purposes of concretizing the idea, brainstorming on the best implementation approach and sequencing of activities.
2.1
EVIDENCE-BASED TOOL:
This is an evidence-based tool that draws its conclusions based on the available information encountered during its application. Literature on environmental requirements of international standards and local laws should be reviewed to generate a list of ‘what to look out for’, also known as monitoring indicators/elements. Being an evidence-based approach, this is a critical step as Oil and Gas companies can only be justifiably held accountable accountable for what they are are mandated to do.
2.2
HOW TO APPLY THE TOOL:
A score-sheet showing specific monitoring elements, requirements and sample questions for each of the requirements is developed and applied on company staff at national offices, field offices, local government leaders, select affected communities and civil society representing such communities. The score-sheet also defines scoring criteria upon which deductions can be made. Analysis of performance and assessment of company compliance to environmental standards is based on responses/opinions and perspectives of all categories of stakeholders engaged when applying the tool. Other considerations to make when applying this tool include; o
Conducting adequate literature review to familiarize yourself with what the company is doing, what is planned and identify any gaps or best practices applied.
o
Think of 3-5 questions per standard element to guide the collection of data from companies.
o
Where possible, company and stakeholder interviews should be with departments/focus groups and not individuals so as to record positions that are developed through consensus.
o
This is an evidence-based approach, which requires the researcher to collect evidence before a score is awarded and where evidence can’t be obtained such criteria is better left un-awarded.
o
The person administering this tool must have a good understanding of the standards upon which the assessment is premised; particularly the IFC performance standards
o
2
The tool is recommended to be applied by CSOs operating in a team of 3 -5 experienced researchers with ability to balance and analyze responses to come to acceptable conclusions.
o
The team must seek and secure feedback first from the oil and gas companies before cross-referencing such feedback with feedback from other stakeholders.
o
Present findings of the tool objectively without making comparison of companies being assessed.
o
The detailed monitoring elements are only meant to assist the researchers in framing their inquiry appropriately but are not meant to be followed judiciously through the interview. Instead a summarized interview guide is attached in Attachment 1.
Note: while the tool is aimed to be as objective as possible based on prevailing evidence; a degree of subjectivity remains and this can only be eliminated through more cross-referencing and group discussions rather than individual interviews.
3.0 MONITORING ELEMENTS AND REQUIREMENTS: Table 1 below outlines the various monitoring elements and requirements identified as critical for facilitating CSOs towards effective monitoring of the environmental performance of oil and gas companies.
Table1: Showing monitoring elements, specific requirements and observation checklists MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
ELEMENT
Environmental
Every oil and gas company must have a
Management
dynamic
System (EMS)
identifying,
and
continuous
assessing
and
system
of
managing
environmental and social risks that are directly and indirectly associated with their activities.
This
involves
Request to look at a copy – copy – if if the Environmental Management system is documented. Cross check on company websites for Environmental Management
communities directly affected and other stakeholders (IFC, Performance Standard 1:
Para 5. ISO 14001 Clause 1-4). The ESMS must incorporate the following
Observe different components of the system in practice;-for example the policy statement may be pinned in office. Take an initiative of ascertaining whether
elements: (i) policy; (ii) identification of risks
other members of staff, stakeholders etc
and impacts; (iii) management programs;
know about the Environmental
(iv) organizational capacity and competency;
Management system and how often
(v) emergency preparedness and response;
stakeholders may be involved
(vi)
stakeholder
engagement;
and
(vii)
monitoring and review. These sub-elements
Request for monitoring reports of the EMS
should be the core focus of your assessment and are described in detail below; 1. Environmental
policy
Every oil and gas company should have an
Take a look at the Environmental policy
Crosscheck whether these standards are
overarching documented policy that clearly specifies its environmental objectives and
described in the policy.
principles to achieve sound environmental performance in all its operations.
Cross check for its efficiency and
The company environmental policy should
appropriateness with provisions of ISO
also incorporate applicable national and
14001; 4.2
internationals laws and regulations in the host country. Where the oil and gas company c ompany subscribes to internationally recognized standards (e.g. ISO14001) these too should be described in the environmental policy Top management should define such an environmental policy and ensure the policy; a) Is appropriate to the nature, scale and environmental impacts of its activities, products and services b) Includes a commitment to continue improvement and prevention of pollution, c)
Includes a commitment to comply
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
ELEMENT
with applicable legal requirements and with other requirements to which the organization subscribes, which relate to its environmental aspects d) Provides the framework for setting and reviewing environmental objectives and targets. e) Is documented, implemented and maintained f)
Communicated to all persons working for and on behalf of the organizations
The environmental policy should be available to the public (see IFC, Pe rformance Standard 1: Para 6, ISO 14001: 4.2)
2.Identification 2. Identification of direct and indirect environmental risks and impacts
Direct and indirect (third party) impacts on ecosystem services should be identified and assessed; impacts associated with primary supply chains should be identified as well.
Environmental
Impact
Assessment
reports. Ask about the procedures in place to
from oil and gas operations
Request to look at copies of a recent
The company is required to establish, implement and maintain a procedure(s) to identify the environmental aspects of its activities, products and services within the defined scope of the EMS that it can control
identify the environmental aspects of company activities, products and services within the defined scope of the EMS and as an ongoing process. Look out for:
and determine those aspects that have o r can have significant impacts on the environment (IFC, ISO 14001); potential emergency impacts should also be identified.
Risks and impact identification should be based on recent environmental and social baseline data at appropriate level of detail. The process of identification of risks and impacts should be adequate, accurate and
Evidence of pollution of air, water and soils Change in quality of air, water and soils Waste management Restoration and decommissioning of drilled sites Camouflage of industry infrastructure Changes in landscape and aesthetics Land degradation, loss of vegetation Animal movement and behavior and disappearance of species Wetland degradation or disappearance
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
ELEMENT
objectively done by competent professionals.
The identification process will identify relevant threats to biodiversity and ecosystem services focusing on habitat loss, degradation and fragmentation invasive species, overexploitation, hydrological changes, nutrient loading, and pollution, emission of greenhouse gases; potential trans-boundary effects e.g. air pollution and pollution of international waterways. Where the project involves specifically identified physical elements, aspects, and facilities that are likely to generate impacts, environmental and social risks and impacts will be identified in the context of t he project’s area of influence. This area of influence encompasses, as appropriate: The area likely to be affected by: (i) the project and the client’s activities and facilities that are directly owned, operated or managed (including by contractors) and that are a component of the project; (ii) impacts from unplanned but predictable developments caused by the project that may occur later or at a different location; or (iii) indirect project impacts on biodiversity or on ecosystem services upon which Affected Communities’ livelihoods are dependent (IFC PS 1:Para 6-8). Associated facilities, which are facilities that are not funded as part of the project and that would not have been constructed or expanded if the project did not e xist and without which the project would not be viable. The company is required to establish, implement and maintain a procedure(s) to monitor and measure, on a regular basis,
and shrinking or receding lake, river, swamps and streams. Testimonies from community members about impact (s)
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
ELEMENT
the key characteristics of its operations oper ations that can have a significant environmental impact (ISO 14001). Cumulative impacts that result from the incremental impact, on areas or resources used or directly impacted by the project, from other existing, planned or reasonably defined developments at the time the risks and impacts identification process is conducted (ISO14001: 4.3.1) Cross-reference this requirement by referring to relevant national and regional laws, guidelines and standards (e.g. Environmental Impact requirements). The organization should have an established
Kindly describe the organizational
and competence
and
organizational
structure responsible for implementing
to address
structure
clear
your environmental management system?
associated
responsibilities and authority to implement
environmental
its Environment Management System.
3.Company 3. Company capacity
risks and impacts
fully
Key
maintained that
defines
environmental
responsibilities
should
be
roles,
Who has overall and subsidiary responsibility for the effective
management
implementation of your environmental
defined
management system?
and
communicated to relevant personnel and the rest of the organization.
How many people (permanent and temporary) are available to implement
Sufficient human and financial resources
your environmental management system.
should be provided on an ongoing basis to achieve
effective
environmental
performance. ISO14001 requires every certified company to ensure the availability of resources essential to establish, implement, maintain and improve the EMS See: IFC PS 1:6 Para 17-19 and ISO14001 4.4.1-4.4.2 Cross-reference this requirement by referring to relevant national and regional
How much is your annual budget for the implementation of the environmental management system?
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
ELEMENT
laws, guidelines and standards. Every oil and gas company must establish
Can I have access to copies of the
management of
programmes and performance improvement
environmental risk/impact management
environmental
measures that effectively address the
action plans?
risks and impacts
identified environmental and social risks of
4.Company 4. Company
their operational activities.
How are the responsibilities of the environmental action plans assigned
These plans shall consist of documented
within the company?
operational procedures, practices, plans and related supporting documents (e.g. waste management plan; oil spill contingence
How is the environmental management
Such environmental risk and impact
action plan adaptable to unforeseen
management plans should abide by the
environmental risks and impacts?
mitigation hierarchy which will favor avoidance of impacts over minimization and where residual impacts remain, compensation/offset where technically and financially viable. The mitigation measures chosen should take into account the outcomes of the engagement process with affected communities. The outcome of environmental risk and impact management should be Action Plans should
clearly
define
desired
outcomes and actions to address the issues raised in the identification process. The
environmental
impact
action
plan
should be complete with performance indicators and targets that can be tracked over defined time periods with estimates for resources
and
clearly
can be directly attributable to third-party (e.g. contractors) stakeholders?
plans etc).
which
What impacts have been identified that
assigned
responsibilities. The management plan should also outline
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
ELEMENT
relevant actions and events controlled by third-parties. The Action Plan should be dynamic and be responsive to changes in circumstances, unforeseen events and results of monitoring and review. IFC: PS 1: Para 13-16 ISO14001. 4.4.6; 4.4.7 Cross-reference this requirement by referring to relevant national and regional laws, guidelines and standards.
5.Company 5. Company
Oil and gas companies should have a clear
Outline the process through which you
disclosure,
and ongoing process for stakeholder
identify affected communities to your
consultation and
engagement including stakeholder analysis,
operations?
participation
planning, disclosure and dissemination of
engagement of
information, consultation, participation,
stakeholders in
grievance mechanism and ongoing reporting
environmental
to affected communities.
management
The company should demonstrate that the
Kindly describe your affected communities and CSO engagement plans and activities? Can you please provide a copy of your stakeholder engagement plan?
aim of its stakeholder (particularly CSOs and
How do you ensure that community
affected communities) engagement process
representatives in fact represent affected
is to build strong, constructive and
communities?
responsive relationships that are essential for management of environmental risk and
Describe your grievance handling
impacts.
mechanism?
Where the stakeholder engagement process
How have you ensured that that your
depends substantially on community
grievance handling mechanism is well
representatives, the company should make
understood by affected communities,
every reasonable effort to verify that such
CSOs and other stakeholders?
persons do in fact represent the views of the affected communities.
Disclosure: The oil and gas companies should disclose relevant information to affected communities on i) purpose, nature,
Describe to your stakeholder consultation process? In what ways do you ensure that such a process is continuous and is a basis for
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
scale of the project ii) duration of proposed
ongoing impact identification and
activities iii) any risks to and potential
mitigation?
ELEMENT
impacts on communities and relevant mitigation measures iv) envisaged stakeholder engagement process and v) grievance mechanisms
Consultation: companies must undertake effective and early consultation as a twoway process that i) begins early during identification of impacts and risks and
How do you ensure that you capture the views of women, youth, elderly, minorities and other disadvantaged groups? Can you kindly provide some documentation of your most recent stakeholder consultation/participation activities?
continue as an ongoing basis for further risk
How do you ensure and community back
and impact identification ii) is based on prior
to communities on the extent to which
disclosure and dissemination of relevant,
their views and ideas on impact
transparent, objective, meaningful and
management have been incorporated into
accessible information to affected
your environmental management action
communities and CSOs that represent them
plans?
iii) is inclusive (women, youth, children, elderly vulnerable and disadvantaged
In what ways have you complimented
groups) iv) be free of external manipulation,
government efforts to ensure effective
interference, coercion or intimidation v)
stakeholder engagement planning,
enables meaningful participation vi) is
implementation, review and monitoring?
documented.
Kindly describe your current grievance
Informed consultation and participation:
management mechanism through which
for projects with potentially adverse impacts
you receive and resolve concerns on your
on affected communities companies must
environmental performance?
undertake this kind of consultation. This involves in-depth exchange of views and information in an iterative process and companies should incorporate the views of affected communities on matters that affect them directly e.g. sharing of benefits and opportunities, mitigation of impacts and sequencing of implementation. Where government capacity is weak, the oil and gas companies play an active and supplementary role to ensure stakeholder engagement planning, implementation and
Describe how you have ensured that your grievance mechanism resolve environmental and social concerns promptly in an understandable and transparent consultative process that is culturally appropriate and readily accessible?
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
ELEMENT
monitoring are effective and adequate.
Grievance mechanisms: oil and gas companies should establish and clearly communicate an effective grievance handling mechanism to receive, facilitate resolution of concerns and grievances about the clients environmental performance. The grievance mechanism should resolve concerns promptly in an understandable and transparent consultative process that is culturally appropriate and readily accessible. The mechanism should not impede access to judicial or administrative remedies and should be effectively communicated to affected communities. See: IFC PS: 1 Para 25-36 and ISO14001
6. Monitoring,
Oil and gas companies should involve
review of
representative of affected communities in
company EMS
monitoring environmental impact management activities. Company should maintain external experts to verify its monitoring information. The company should use dynamic mechanisms such as internal inspections and audits to verify compliance and progress towards desired environmental outcomes. Oil and gas companies must collaborate with government to establish an effective environmental risk and impact monitoring system. Companies should document results form impact/risk monitoring activities and
How have you involved representatives of affected communities in providing external feedback to your environmental management activities? Describe how you are verifying your environmental monitoring and impact management system through external expert feedback processes? How are you applying internal inspections and audits to verify compliances and progress towards desired environmental outcomes? How are the results of environmental impact monitoring processes communicated to top management? What are some of the actions top management takes in relation to these environmental monitoring results?
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
identify and reflect necessary corrective and
Other things to look out for;
ELEMENT
preventative actions in the updated management programmes and plans.
Top management is required to review the
company’s EMS at planned intervals to
ensure its continuing suitability, adequacy
and effectiveness ISO 14001, 4.4.3), IFC Standard 1, Para 22- 24
7.Compliance 7. Compliance with
CSOs applying this tool should check and
environmental
summarize here the requirements of the
principles and
relevant national environmental laws and
safeguards
guidance with respect to environmental
prescribed by
management, restoration, forest
your national
conservation laws, protection of wetlands,
environmental
species management plans, Environment
law.
Impact Assessment (EIA) guidelines etc.
CSOs applying this tool should check and
management of
summarize here the requirements of the
waste arising
relevant national, regional and international
from oil and gas
laws, guidelines and standards on pollution
development
management of relevance to the oil and gas
activity
sector. These should be summarized here as
8.Pollution 8. Pollution
Evidence of meetings with a variety of stakeholders Meeting minutes about EMS Reports of workshop on EMS Community voices Biodiversity study reports Films and videos of monitoring exercises
IEC materials Evidence of meetings with a variety of stakeholders Meeting minutes about EMS Reports of workshop on EMS Community voices Biodiversity study reports Films and videos of monitoring exercises
Waste bins Waste management plans Budgets for waste management Existence of human resource An independent contractor in place
guidance notes.
9.Protection 9. Protection of the
Companies should apply the impact
environment,
mitigation hierarchy which should seek to
conservation of
avoid all impacts, where this fails should
biodiversity and
minimize impacts where this fails should,
maintenance of
rehabilitate and restore biodiversity and
ecosystem
ecosystem services.
services
Companies must ensure there is no conversion of natural habitats unless there
Describe how you are applying the mitigation hierarchy? Describe how you are safeguarding critical habitats and species through a long-term biodiversity conservation programme? Describe how you are promoting and enhancing the long-term conservation aims and effective protected area management for protected areas in or
MONITORING
REQUIREMENT(S)
OBSERVATION CHECK LIST
are no alternatives – there – there should be no-net-
near your operation areas?
ELEMENT
3
loss of biodiversity and preferably a netgain to biodiversity Protection of biodiversity and ecosystem services for modified habitats, natural habitats and critical habitats (e.g. Ramsar sites) requires a long-term biodiversity
What priority ecosystem services have your identified will required special attention for management during your operations? Describe measures you plan to undertake to safeguard such ecosystem services?
monitoring and evaluation programme. In legally protected areas the oil and gas companies must demonstrate that their
How do you ensure that affected communities are involved in identifying priority ecosystem services?
activities are legally permitted; consistent with government management plans for
Check also:
such protected areas, consult protected area managers, affected communities and other stakeholders; and are undertaking programmes to promote and enhance longterm conservation aims and effective area management IFC: Performance Standard 6 (Para 9-23)
Biodiversity plans Budgets for biodiversity conservation Biodiversity study reports Restored sites Systematic review reports Reports of stakeholder involvement
Ecosystem services: Where a project is likely to adversely impact ecosystem services as determined by the risks and impact identification process, the Company will conduct a systematic review to identify priority ecosystem services Priority ecosystem services include i) those services which if affected will result in adverse impacts on local communities; ii) those services which company operations depend upon. For services (e.g. climate moderation) upon which local communities depend; the 3
No net-loss is defined as the point at which project related impacts on biodiversity a re balanced by measures taken to avoid and minimise the p roject’s impacts, to undertake onsite restoration and finally offset significant residual impacts if any on an appropriate geographic scale.
MONITORING
REQUIREMENT(S)
ELEMENT
companies must make effort to avoid adverse impacts. Communities should also be involved in determining priority ecosystem services as part of the stakeholder engagement process. For services upon which operations depend; companies should avoid and minimize impacts as well as ensure resource efficiency * CSOs applying this tool should enrich this section by cross-reference with their national wildlife protection laws and regulations.
OBSERVATION CHECK LIST
ATTACHMENT ATTACHMENT 1: ENVIRONMENT ENVIRONMENTAL AL PERFORMANCE PERFORMANCE MONITORI MONITORING NG TOOL – SCORE SHEET SHEET Aim: This score-card aims to establish to what extent any given oil and gas company is committed and taking actions that are aimed at protecting, conserving, maintaining biodiversity and vital ecosystems and sustainably managing living natural resources during its oil and gas development activities within its area of operation. Such actions are either directly by the company itself or through its contractors. Score guide:
1
Very Poor
2
Poor
3
Good
4
Very good
5
Exemplary
MONITORING
OBSERVATION CHECK LIST
ELEMENT
Environmental Management System (EMS)
(1-5)
Request to look at a copy – copy – if if the Environmental Management system is documented. Cross check on company websites for Environmental Management System/Plans information Observe different components of the system in practice;-for example the policy statement may be pinned in office. Take an initiative of ascertaining whether other members of staff, stakeholders etc know about the Environmental Management system and how often stakeholders may be involved Request for monitoring reports of the EMS
1. Company
Score
Request to take a look at the
Evidence/justification Evidence/justification for the score
MONITORING
Score
OBSERVATION CHECK LIST
ELEMENT
environmental policy
(1-5)
company environmental policy Does the policy integrate national and International environmental best practices and standards Is the company committed to continuous improvement and prevention of pollution Does the company communicate the policy to all persons working for and on behalf of the company Does the company conduct policy reviews on environmental objectives and targets?
2.Identification 2. Identification of
Request to look at copies of a
direct and indirect
recent
environmental
Assessment reports.
risks and impacts from oil and gas operations
Are
Environmental
Impact
Environment
Assessments
Impact
available
and
accessible to the public? Does
the
company
have
staff
and
competent professionals
to
continuously
identify environmental risks and impacts? Ask about the procedures in place
to
environmental company
identify aspects
activities,
the of
products
and services within the defined scope of the EMS and as an ongoing process. Look out for:
Evidence/justification Evidence/justification for the score
MONITORING
OBSERVATION CHECK LIST
ELEMENT
(1-5)
Evidence of pollution of air, water and soils Change in quality of air, water and soils Waste management Restoration and decommissioning of drilled sites Camouflage of industry infrastructure Changes in landscape and aesthetics Land degradation, loss of vegetation Animal movement and behavior and disappearance of species Wetland degradation or disappearance and shrinking or receding lake, river, swamps and streams. Testimonies from community members about impact (s)
3.Environmental 3. Environmental
Score
Does the company have
risk and impact
procedure(s) to monitor and
management
measure, on a regular basis, the key characteristics of its operations that can have a significant environmental impacts? Can I have access to copies of the environmental risk/impact management action plans? How are the responsibilities of the environmental action plans assigned within the company? What impacts have been identified that can be directly
Evidence/justification Evidence/justification for the score
MONITORING
OBSERVATION CHECK LIST
ELEMENT
(1-5)
attributable to third-party (e.g. contractors) stakeholders? How is the environmental management action plan adaptable to unforeseen (emergency) environmental risks and impacts?
4.Company 4. Company capacity
Kindly describe the
and competence
organizational structure
to address
responsible for implementing
associated
your environmental
environmental
management system?
risks and impacts
Score
Who has overall and subsidiary responsibility for the effective implementation of your environmental management system? How many people (permanent and temporary) are available to implement your environmental management system? How much is your annual budget for the implementation of the environmental management system? Does the company have the requisite infrastructure and equipment for managing environmental risks and impacts? What plans are in place to ensure ongoing capacity development of environmental
Evidence/justification Evidence/justification for the score
MONITORING
OBSERVATION CHECK LIST
ELEMENT
(1-5)
management staff?
5.Company 5. Company
Outline the process through
disclosure,
which you identify affected
consultation and
communities to your
participation
operations?
engagement of stakeholders in environmental management
Score
Kindly describe your affected communities and CSO engagement plans and activities? Can you please provide a copy of your stakeholder engagement plan? How do you ensure that community representatives in fact represent affected communities? Describe your grievance handling mechanism? How have you ensured that that your grievance handling mechanism is well understood by affected communities, CSOs and other stakeholders? Describe to your stakeholder consultation process? In what ways do you ensure that such a process is continuous and is a basis for ongoing impact identification and mitigation? How do you ensure that you capture the views of women, youth, elderly, minorities and
Evidence/justification Evidence/justification for the score
MONITORING
OBSERVATION CHECK LIST
ELEMENT
Score (1-5)
other disadvantaged groups? Can you kindly provide some documentation of your most recent stakeholder consultation/participation activities? How do you ensure and community back to communities on the extent to which their views and ideas on impact management have been incorporated into your environmental management action plans? In what ways have you complimented government efforts to ensure effective stakeholder engagement planning, implementation, review and monitoring? Kindly describe your current grievance management mechanism through which you receive and resolve concerns on your environmental performance? Describe how you have ensured that your grievance mechanism resolve environmental and social concerns promptly in an understandable and transparent consultative process that is culturally appropriate and readily accessible?
Evidence/justification Evidence/justification for the score
MONITORING
OBSERVATION CHECK LIST
ELEMENT
6. Monitoring, review of company EMS
Score (1-5)
How have you involved representatives of affected communities in providing external feedback to your environmental management activities? Describe how you are verifying your environmental monitoring and impact management system through external expert feedback processes? How are you applying internal inspections and audits to verify compliances and progress towards desired environmental outcomes? How are the results of environmental impact monitoring processes communicated to top management? What are some of the actions top management takes in relation to these environmental monitoring results? Other things to look out for;
Evidence of meetings with a variety of stakeholders Meeting minutes about EMS Reports of workshop on EMS Community voices Biodiversity study reports Films and videos of monitoring exercises
Evidence/justification Evidence/justification for the score
MONITORING
OBSERVATION CHECK LIST
ELEMENT
7.Compliance 7. Compliance with environmental principles and safeguards prescribed by your national environmental law.
Score
Evidence/justification Evidence/justification for the score
(1-5)
CSOs applying this tool should check and summarize here the requirements of the relevant national environmental laws and guidance with respect to environmental management, restoration, forest conservation laws, protection of wetlands, species management plans, Environment Impact Assessment (EIA) guidelines etc.
Other things to consider: IEC materials Evidence of meetings with a variety of stakeholders Meeting minutes about EMS Reports of workshop on EMS Community voices Biodiversity study reports Films and videos of monitoring exercises
8.Pollution 8. Pollution management of waste arising from oil and gas development activity
CSOs applying this tool should check and summarize here the requirements of the relevant national, regional and international laws, guidelines and standards on pollution management of relevance to the oil and gas sector. These should be summarized here as guidance notes.
Waste bins Waste management plans Budgets for waste
MONITORING
OBSERVATION CHECK LIST
ELEMENT
9.Protection 9. Protection of the environment, conservation of biodiversity and maintenance of ecosystem services
Score (1-5)
management Existence of human resource An independent contractor in place Describe how you are applying the mitigation hierarchy? Describe how you are safeguarding critical habitats and species through a long-term biodiversity conservation programme? Describe how you are promoting and enhancing the long-term conservation aims and effective protected area management for protected areas in or near your operation areas? What priority ecosystem services have your identified will required special attention for management during your operations? Describe measures you plan to undertake to safeguard such ecosystem services? How do you ensure that affected communities are involved in identifying priority ecosystem services? Check also:
Biodiversity plans Budgets for biodiversity conservation Biodiversity study reports Restored sites Systematic review reports
Evidence/justification Evidence/justification for the score
MONITORING
OBSERVATION CHECK LIST
ELEMENT
Score
Evidence/justification Evidence/justification for the score
(1-5)
Reports of stakeholder involvement.
* CSOs applying this tool should enrich this section by crossreference with their national wildlife protection laws and regulations.
REFERENCES: 1. IFC, 2012. Performance Standards on Environmental and Social Sustainability, IFC Washington DC. 2. ISO 14001, 2004. Environmental Management systems – systems – requirements requirements with guidance for use, Geneva, Switzerland. 3. UNEP, 1997. Environmental management in oil and gas exploration and production. UNEP and the Oil Industry International Exploration and Production Forum. Nairobi, Kenya.