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MineAfrica – CSR Vancouver 2011
Environmental and Social Risk management.
Financing Metal Mining Projects – The Equator Principles
Jake Lang
Lead Metallurgist - Vancouver
Chjm/SGS/17June09
Metal Mining & Sustainability
The mining and metals industry faces a broad range of challenges in producing the essential materials for today's society
Among others issues, Environmental and social risk management are key factors for granting access to financing from Development or private international Financial institutions
The Equator Principle guidelines have an impact on mining & metals project finance from the perpective of sponsors and borrowers in terms of their environmental and social contractual obligations.
Chjm/SGS/17June09
Metal Mining & Sustainability
The dialogue on the inter-relationship of financing, mining and sustainability had four objectives:
1. to support a better understanding amongst the finance community of issues raised by the mining industry’s uneven performance with respect to sustainable development as they relate to financial and reputational risk and shareholder value;
2. to examine what role, if any, the financial community could play to enhance the mining industry’s performance (e.g. guidelines, standards, or similar criteria);
3. to examine mechanisms (reporting, rating, certification, monitoring) suitable to improve overall industry performance, thereby reducing risk exposure for the financial community at large; and
4. to move toward a broader consensus on the evaluation of sustainability specific risk factors in mining finance, and their application.
Chjm/SGS/17June09
Metal Mining & Sustainability
Hard-to-manage risks:Legal RisksMarket & Political RisksForce Majeur
Manageable RisksTechnical & Operational RiskEnvironmental & Social RiskEconomical Risk
Type of Risks
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SOURCES OF RISK
>Natural peril, disaster> Earthquake, fire
explosion> Force majeur
> Price, currency, interest rates fluctuation
> Inconvertibility of currency>Disable currency transfer>Change in law and legal
system> Political instability violence>Riot, strike, civil commotion> Terrorism, war
>Handling/operation>Construction> Faulty design, materials,
workmanship>Reliability of feasibility study> Project performance> Supplier performance>Contractor performance>Defects > Alterations/betterments
> Labor and working conditions> Pollution >Health, safety and security
(community, employee)> Land acquisition and
involuntary resettlement> Biodiversity conservation &
sustainable natural resource management
>Contractor insolvency> Breach of contract
LEGAL/FINANCIAL
OTHER
MARKET/POLITICAL
TECHNICAL/OPERATIONAL SOCIAL/ENVIRONMENTAL
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The mining industry had embraced principles for sustainable development and environmental best practices to properly address those risks by developing several voluntary codes of conduct such as;
International Cyanide Management Code
International council for mining & metals’s sustainable development framework
Mineral Policy Center’s Guidelines on Responsible Mining
World Bank’s 2003 Extractive Industries Review
IFC’s Environmental H&S sector guideline for Mining
THE VALUE OF STANDARDS AND AGREEMENTS, AUDITSAND INDEPENDENT VERIFICATION
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EP 2 – Ten Principles
Principle 1: Review and Categorization
Principle 2: Social and Environmental Assessment (Process)
Principle 3: Applicable Social and Environmental Standards High-income OECD countries vs. Emerging Markets
Principle 4: Action Plan and Management System
Principle 5: Consultation and Disclosure
Principle 7: Grievance Mechanism
Principle 8: Independent Review
Principle 9: Covenants
Principle 10: EPFI Implementation Reporting
Chjm/SGS/17June09
The Equator Principles is seen to closely mirror the International Finance Corporation (IFC) Performance Standards on Social and Environmental Sustainability:
Performance Standard 1: Social and Environmental Assessment and Management System
Performance Standard 2: Labor and Working Conditions
Performance Standard 3: Pollution Prevention and Abatement
Performance Standard 4: Community Health, Safety and Security
Performance Standard 5: Land Acquisition and Involuntary Resettlement
Performance Standard 6: Bio-diversity Conservation and Sustainable Natural Resource Management
Performance Standard 7: Indigenous Peoples
Performance Standard 8: Cultural Heritage
Equator Principles – The Project Finance E&S Benchmark
Chjm/SGS/17June09
Equator PrinciplesBenefits;
Standardize E&S lender requirements; Equator Principles bring a level of social and environmental
evaluation, transparency and discipline to projects which might otherwise be absent.
Promote responsible investments development: The banks are secure in the knowledge that their
investments are being used to support ethical and sustainable work and that the project conforms to the required standards. Open new market.
Provide effective project finance risk management; Protect Project Return on Investment Reduce cost overruns and delays Protect Financial Institutions from the environmental and
social liabilities of the project.
Preserves Financial Institutions reputation
Provides access to capital From international EPFI or Multilaterals
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Equator Principles Work-Flow
Lender Borrower
EP1) Project categorization EP2) E&S assessment
EP3) Applicable E&S Standards
EP4) Action Plan and mangement system
EP 5) Consultation disclosure
EP6) Grievance MechanismEP7) Independent Review
EP8) CoventantsEP9) Independent monitoring
EP10) Reporting
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Independent Third Party can Help?
Many EPFI have set procedures to involve independent third parties for these activities
It clearly improve the way they partner with:
Clients Governments Civil society and NGOs
On-site assessments and monitoring also improve transparency and accountability of EPFI efforts on implementing EP and IFC performance standards
Chjm/SGS/17June09
Case Study – Pt Agincourt Resources
Business Challenge:
Undertake an environmental impact assessment to Equator Principles to ensure PT Agincourt Resources attained local AMDAL approval and could commence construction on a Gold and Silver Mine in Indonesia.
Approach
The Third Party Firm collected information required to meet the government and company’s requirements; from air quality to socio-economic data. Simultaneously the Third Party also had to follow strict processes set out by AMDAL relating to public engagement.
The Third Party submitted Terms of Reference for the project which were reviewed and approved by the relevant authorities. This was followed by submission of the AMDAL itself and accompanying environmental monitoring and management plans.
Benefits & Value
AMDAL approval was granted in early 2008 and the project is on schedule according to plans.
Chjm/SGS/17June09
On Site Assessment
On site assessment is used predominantly on the basis of confirming:-
that the Project Operator and/or EPC contractor(s) are aware of the need for certain socio-economic and/or EH&S related issues to be addressed within the project,
that these requirements are factored into the project development and execution process,
that the project design, planning, approval processes, project management and implementation parameters are in line with EP / IFC criteria, and,
that the desired outcome is likely to be achieved in respect of the project’s environmental and socio-economic integrity, if implemented effectively.
Chjm/SGS/17June09
Equator PrinciplesAssessment Objectives;
To assess and report on - in the context of statutory obligations, and any other applicable discretionary corporate social and environmental obligations - whether the Project is in accord with the Equator Principles requirements and associated IFC Performance Standards identified.
To identify any areas where inconsistencies exist between the Equator Principles, action plan or loan terms and conditions requirements and current performance or where some re-examination or strengthening of current management performance might be warranted.
