Environmental and Social Risk management. Financing Metal Mining Projects – The Equator Principles Jake Lang Lead Metallurgist - Vancouver MineAfrica – CSR Vancouver 2011 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 Type of Risks Hard-to-manage risks: Legal Risks Market & Political Risks Force Majeur Manageable Risks Technical & Operational Risk Environmental & Social Risk Economical Risk Chjm/SGS/17June09 SOURCES OF RISK LEGAL/FINANCIAL > Contractor insolvency > Breach of contract OTHER > Natural peril, disaster > Earthquake, fire explosion > Force majeur Chjm/SGS/17June09 MARKET/POLITICAL > 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 SOCIAL/ENVIRONMENTAL TECHNICAL/OPERATIONAL > Labor and working conditions > Pollution > Health, safety and security (community, employee) > Land acquisition and involuntary resettlement > Biodiversity conservation & sustainable natural resource management > Handling/operation > Construction > Faulty design, materials, workmanship > Reliability of feasibility study > Project performance > Supplier performance > Contractor performance > Defects > Alterations/betterments THE VALUE OF STANDARDS AND AGREEMENTS, AUDITS AND INDEPENDENT VERIFICATION 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 Chjm/SGS/17June09 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 Equator Principles – The Project Finance E&S Benchmark 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 Chjm/SGS/17June09 Equator Principles Benefits; 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 Chjm/SGS/17June09 Equator Principles Work-Flow Lender EP1) Borrower Project categorization EP2) EP3) EP4) EP7) Independent Review EP8) Applicable E&S Standards Action Plan and mangement system EP 5) Consultation disclosure EP6) Grievance Mechanism Coventants EP9) EP10) Chjm/SGS/17June09 E&S assessment Reporting Independent monitoring 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 socioeconomic integrity, if implemented effectively. Chjm/SGS/17June09 Equator Principles Assessment 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. Chjm/SGS/17June09 Thank You, Jake Lang SGS Tel: 604 – 324 -1166 jake.lang@sgs.com Chjm/SGS/17June09