Environmental Specialist-International

Project Description/Background

Ministry of Mines and Petroleum is an enabler of the sector’s development and steward of all mineral and hydrocarbon resources through the implementation of international best practice, policies, regulations and procedures to encourage environmentally and socially acceptable private investment.

It is the responsibility of the Ministry of Mines and Petroleum to ensure progress in research, exploration, development, and exploitation of both minerals and hydrocarbons. The Ministry of Mines and Petroleum approach is to create the highest level of ministerial competence, promote clear and transparent investment opportunities through modern laws, regulation and policies; and develop a progressive and inviting fiscal regime.

The Government of the Islamic Republic of Afghanistan is engaged in re-negotiation of the Aynak Mining Contract (AMC), awarded in June 2008, between the Government and the MCC-JCL Aynak Minerals Company (MJAM).

In November 2015, MJAM provided MoMP with a revised draft feasibility study (RDFS) for the Aynak Copper Project (ACP), intended to form the basis for re-negotiation of the AMC. At that time, the RDFS showed that the mining project was technically feasible but financially unviable. Certain of the financial provisions of the AMC were identified as having major influence on the viability of the project and would require review.

Subsequently, it has become necessary to revise the technical scope of the project, with further impact on financial viability.

In September 2018 MoMP and MJAM commenced negotiations, expected to lead to the signing of a new, revised AMC, the target date for completion and signature of a new contact being 31 March 2019. The government has established a negotiating team with representatives of the Ministry of Mines and Petroleum, other ministries and technical and legal advisers.

Comprehensive contract amendments are expected to cover many areas of the AMC; technical, financial and legal. The most critical areas of the contract, currently under review, are those technical and financial components of the contract which significantly affect viability of the proposed mining project.

MoMP requires the support of an Environmental Specialist to assist in evaluating the environmental models which will form a basis for technical and environmental negotiations, to make recommendations on new environmental provisions in the contract and to support and advise the government negotiating team in the negotiation process.

Request for Expression of Interest (REoI)

TERMS OF REFERENCE

(Environmental Specialist- International

Assignment Information

Assignment Objective 

Under the oval supervision and guidance of the DM-Technical and in close coordination with Aynak Project Authority, the Environmental Specialist with a team of environmental and community development specialists will have the responsibility for reviewing and updating the environmental management frameworks of the Ministry of Mines and Petroleum. ESD-LT will be responsible to develop documents and providing input and/or preparing reports as required for the implementation of the mining projects. The ESD-TL will work closely with the Aynak Project Authority and provide conceptual, operational and technical support in related environmental issues. The ESD-TL will also work with the Inspection department to ensure compliance.

During the period of contract. It will be essential for the Environmental Specialist to be available to consult at all times and to be available to attend negotiating meetings, sometimes at short notice.

The Environmental Specialist will be required to review Environmental issues to provide Environmental advice and support to MoMP officials in reviewing, understanding and implementing the environmental provisions of the Aynak Mining Contract; to assist in preparations for discussions and formal negotiations with MJAM; and to participate in such negotiations, providing sound advice and support at all stages through to any agreed amendments of the Contract and implementation thereafter.

The International Environmental Specialist will help MoMP to establish and strengthen the Environmental, OHS management system in the Ministry based on National Regulatory Framework as well as the WB ESF Standards.

The International Environmental Specialist will help enhance the capacity of the national environmental and OHS Specialists in the Ministry.

The International Environmental Specialist will establish a monitoring, reporting, giving feedback and making corrective action about managing Environmental and OHS Concerns in the MoMP.

4. Scope of Work

Below is the outline of activities to be undertaken by the Environmental & Social Team Leader (national)

Specific areas of responsibility

• Analyze environmental issues and environmental components of all reports and data provided by MJAM during the course of contract negotiations.
• Identify and prepare a list of environmental issues and propose workable approaches to the management and resolution of the environmental issues.

Prepare a list of all Environmental Management and OHS instruments, e.g., ESIA, ESMPs, OHSMS and etc. required for Aynak copper mine site based on national legislation as well as on best international practices, World Bank ESF, as well as prepare ToRs for consultancy services to undertake such studies.

• Based on the WB ESF work with the WB safeguard staff and the MoMP PIU staff to identify the gaps in the National Regulatory System against the WB ESF Standards and disseminate them to the MoMP relevant staff and advice how to fill such gaps.
• Prepare a comprehensive work plan together with the national Environmental Specialists on how to deal with environmental issues to be discussed during Aynak project negotiations.
• Review ESIAs, ESMPs, OHS Plans and other safeguard documents and comment on all environmental data and proposals provided by MJAM and MoMP as far as possible, assess and verify all environmental data, assumptions, calculations, capital and operating cost estimates, environmental models, conclusions and other outputs for accuracy and appropriateness.
• Provide an international perspective on the validity, relevance and suitability of all applicable MJAM submissions and proposals.
• Provide perspective on global practice in the structure of mining environmental arrangements and, in this context, advice on how the Aynak Mining Contract may be environmentally structured to maximize project viability and equitable sharing of benefits.
• Similarly, provide advice on environmental aspects, in the context of relevant Afghan legislation and of global practice.
• Advise the government on possible approaches and on mechanisms for implementing environmental arrangements.
• Provide international insight, advice and support to the government negotiating team in all environmental aspects of Aynak contract negotiations.
• Liaise with all negotiating team members, with relevant government officials at all levels, and with all government entities involved
• in the negotiation process. Provide assistance and support to them in understanding proposals and documents under consideration, relevant global practice, available options and the implications of decisions that may be made.
• Conduct field inspections to ensure adequate implementation and compliance wit Afghan legislation and World Bank ESF of ESMPS and Construction ESMPs (CESMPS), OHS Plans, and report on its findings.

5. Minimum Qualifications

6. Contract Duration

The Consultant is initially required for 12 months with possibility of extension for another 12 months, However the initial contract will be signed up to Dec-2019, due to budget regulations.

7. Reporting

      Environmental Specialist- International reports to National Environmental and Social Team Leader

8. Conflict of Interest

The Consultant is required to disclose on any potential, actual, or perceived conflicts of interest arising out of other assignments or a conflicting involvement in other assignments.

9. Confidentiality

The Consultant agrees to keep confidential all information that it receives, directly or indirectly, from the Afghan Government, its agencies or ministries, or any other source, as well as all reports, briefs and opinions prepared by the Consultant, or by third parties, on the basis of such information (collectively, the Material). The Expert will use the Material exclusively for the purpose of preparing deliverables relevant to this assignment as requested by the Government of Afghanistan and/or the Ministry of Mines and Petroleum. The confidentiality obligations will not apply to information in the public domain

10. Application procedure:

            Qualified and interested candidates are requested to submit the following documentations:

1. Cover letter including a Brief Note stating why the candidate thinks s/he is the best candidate for the assignment,
2. Personal CV with details of work experience relevant to the announced TOR, submitting previous publications is an asset
3. Submission Guideline

The applicants should submit his/her resume with subject line stating the job title and vacancy no. no later than the closing date.

Note: Only application send to below address will be considered. Applications send to any other address even within the organization will not be considered.

12. Submission Email

To: procurement@momp.gov.af ,Cc:  abdulsattar@momp.gov.af , khalid.ahmadzai@momp.gov.af