Working Draft Application of Regional-Sectoral Assessments (RSA) to Extractive Industries Introduction While experience with strategic environmental assessment (SEA) is increasing on numerous fronts (Dalal-Clayton and Sadler, 2004), extractive industries are among the sectors that stand to benefit from early planning and analysis. This paper considers the application of regional-sectoral assessments (RSA) – a process which resembles SEA - to extractive industries, reflecting on current practice as well as areas for further development. This paper will present some experience with RSA from the petroleum industry and is intended to initiate further consideration and discussion on the usefulness of the process and the need for further developments in this area at the Prague conference. What do we mean by Regional–Sectoral Assessment? For the Prague session, RSA is employed as an inclusive term to describe all assessments of extractive industries beyond the single project level1. As implied by the name, regional-sectoral assessments are focussed on the development of specific industrial sectors in a defined area (e.g., petroleum development offshore UK). While RSAs may be employed for a number of reasons; several potential objectives are listed below. To determine if an area under consideration is appropriate for the development of a specific industry sector, taking into account sustainability criteria. To determine the conditions under which development scenarios could be deemed appropriate. To facilitate the canvassing of public opinions, so that they can be taken into account in decision-making. To integrate environmental, social and economic factors. Unlike SEA, RSAs generally do not take into account alternatives to the development of the industry sector involved. For example, an RSA might examine the appropriateness of metal mining in a given area, but not occupy itself with the larger, strategic questions of whether there are preferential alternatives to mining (e.g., increased recycling) (as discussed by Noble [2000]). This implies that RSAs are distinctly different from SEA, but nonetheless can play an important role in facilitating the consideration of environmental and socio-economic factors in the planning process. State of Current Experience An increasing number of RSAs are being conducted. For example, the offshore oil and gas industry has considerable and increasing experience with RSAs (e.g., SEA UK, REIA Norway, SEA Brazil, SEA Atlantic Canada, Programmatic Review US). The environmental implications of petroleum activities are considered at the regional level, in 1 The term SEA is not used, recognizing that certain criteria for SEA (IAIA, 2002) are unlikely to be met by RSAs. A discussion of terminology is welcomed at the Prague conference. 1 Working Draft some cases before areas are “opened” to development (Kirstein and Jeffrey, 2004). In other cases, assessments with similarities to RSA are being conducted, although not formally labelled as such. For instance, the province of Saskatchewan (Canada) has conducted assessments of 20-year forestry management plans (Noble, 2004)2. RSAs may be conducted for a variety of reasons. For example, in Norway the limitations of project-assessments catalyzed the design of a regional environmental impact assessment (REIA) process for the offshore petroleum industry. With revisions to the Petroleum Act in 1997, offshore areas are now subject to REIAs, which contemplate the acceptability of particular development scenarios (Kinn, 2004). It is likely that between the coming into force of legislation and directives (e.g., EU SEA Directive 2001/42) and recognition of the merits of broad-scale assessments (e.g., World Bank, 1996), the ensuing experience with RSAs will increase over the coming years. Elements of RSA for Further Consideration As RSAs of extractive industries are becoming more common, questions on the quality and effectiveness of current experience follow. Advantages and challenges of SEA have been documented (e.g., Dalal-Clayton and Sadler, 1999; UNDP REC, undated); which merit further consideration. As with any assessment process, RSAs must be “fit for purpose” (i.e., have the quality needed for the decision to be taken) in order to realise process benefits. Elements of RSAs are presented below in conjunction with some examples of current practice. Tiering – By informing project-specific assessments, RSAs could result in a number of benefits such as protection of environmentally sensitive areas and net process efficiencies. As an example, efficiencies have been realized as a result of the Norwegian REIA process for offshore petroleum development. In this jurisdiction, some offshore activities are exempted altogether from project assessment, providing they are consistent with an REIA (Kinn, 2004). However, in other jurisdictions, similar exemptions are not possible (e.g., in the UK, SEA should inform project assessment, but does not remove the need for an EA [ODPM, undated]). Participation - Participation has been identified as a fundamental principal of SEA (IAIA, 2002). Incentives for stakeholder participation include clear process definition and an understanding of how stakeholder input will be used (Gibson, 2004). It is postulated that the role and definition of stakeholder engagement currently varies within RSAs and may need to be further developed. The SEA process for offshore petroleum activities in the UK is an example of a process that places an emphasis on public participation. It is lead by a multi-stakeholder steering committee and includes an SEA website, workshops and multiple opportunities for public input (DTI website). Sustainability - Strong sustainability or keeping the sum of natural capital intact may not be attainable for many extractive industries. Weak sustainability, on the other hand, is 2 This list is not intended to be comprehensive. The authors welcome notification of other examples of EI/SEAs –either at the Prague conference or beforehand. 2 Working Draft defined as the depletion of non-renewable resources at a rate equal to the development of renewable substitutes (El Serafy, 2003a, b in Goodland, in press). We invite notification of any RSAs that have considered the application of weak sustainability as part of the assessment process. On another level, there are further opportunities to consider sustainability in RSAs of extractive industries. IAIA criteria indicate that SEAs should be sustainability-led (IAIA, 2002), further defined as the “identification of development options and alternative proposals that are more sustainable” (IAIA, 2002). Although strategic decisions about alternatives may not be part of RSAs, assessments should be able to take sustainability into account by being structured on the basis of regional sustainability goals (e.g., environmental protection objectives, socio-economic goals). Environmental Protection - From an environmental perspective, both opportunities and challenges are offered by RSA. For example – Management provisions to guide development in a given area (e.g., technology, timing, spatial scale) can be among useful outcomes of an RSA. Early environmental analysis can allow for the identification of sensitive areas, in which development may require special management or could be prohibited altogether, depending on the nature of the interaction. In considering a maximum level of activity, RSA can be the ideal forum to address the cumulative environmental effects of an industry in combination with other environmental pressures. RSA can be the framework within which baseline data can be collected as needed to assess potential impacts, or simply a tool to push for the development of regional strategies to fill data gaps, as necessary. Benefits in Project Development - Benefits of RSAs from the perspective of industry could include increased efficiencies at the project assessment stage (e.g., REIA in Norway) and agreement on fair share approaches to the management of cumulative effects. In addition, industry stakeholders would theoretically support RSAs due to the investment certainty they may provide in areas under consideration. Key Issues for Consideration While new RSA processes are emerging, others continue to evolve and be refined over time (Kirstein and Jeffrey, 2004). Taking into consideration the elements noted above, the Prague session will reflect on current experience with RSAs of extractive industries, focusing on the success of these assessments in meeting their objectives. Questions with respect to the benefits and challenges of RSA will be discussed in concert with an accounting of current practice. Call for Papers A session will be organized to examine the experience of extractive industries with regional-sectoral assessments (RSAs). For the purposes of the session, RSA is employed 3 Working Draft as an inclusive term to describe all assessments of extractive industries beyond the project level. The objectives of the session will be: (1) to account for experience with RSA to date; (2) to highlight benefits and challenges of this experience; and (3) to reflect on innovative practice and lessons learned. Discussions on the logistics of current experience (e.g., Where is RSA being done? Why? How?), will be complemented by a consideration of the success of RSA in meeting its objectives. Questions and themes for discussion will include: o experience of RSA with respect to tiering (links with project-EA and SEA) o experience of RSA in facilitating stakeholder involvement o consideration of alternatives in RSA o experience- or potential of RSA to consider sustainability o benefits of RSA in project development o benefits of RSA for environmental protection o decisions being made on the basis of RSAs and the information required to support these decisions 4 Working Draft References Dalal-Clayton, B. and B. Sadler. 1999. SEA: A Rapidly Evolving Approach. 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