(PESIA) Weg naar Zee 2D Seismic - Staatsolie

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P-all consultants Staatsolie Maatschappij Suriname N.V. PESIA Weg naar Zee 2D Seismic 2012 2. LEGAL AND INSTITUNIONAL FRAMEWORK 2.1 PERMITTING PROCESS ESIA legislation is not yet in place in Suriname. So the ESIA process is voluntarily initiated by Staatsolie because it is a logical step from the Vision and Mission of Staatsolie. The process is conducted in a framework of accepting the authority of NIMOS. Within the concession agreement of Staatsolie it is stated that the contractor should take all reasonable measures in agreement with good oilfield practices for safe working and for adequate treatment for the discharge of waste oils (article 11, sub 1 and 2). “Good oilfield practices” means: “to comply, at a minimum, with applicable laws, regulations, standards and guidelines for the protection of the environment and in their absence adopt the best practicable means to prevent or minimize adverse environmental impacts”. An extensive description of the legal framework for Staatsolie activities, including the Weg naar Zee and Coesewijne activities, is available in: ‘Regulatory Framework’, Prepared for Noordam Consultancy on behalf of: Staatsolie Maatschappij Suriname N.V. and compiled by Nancy Del Prado, Project consultant. This report was prepared in March 2012 and is available on the web.site of Staatsolie. 2.2 NATIONAL ENVIRONMENTAL LEGISLATION AND GUIDELINES In Suriname environmental protection and the conservation of biological resources are regulated through different legislative instruments (treaties, laws, decrees, orders, resolutions and ordinances). Current environmental rules and regulations, directly relating to the project, are found in the Mining Decree and the Petroleum Act. Strict environmental rules and guidelines which were applied to this Project are embedded in: • The Mining Decree, especially the articles 4, 16 and 30 regarding the environment; • The Petroleum Act, article 7 and 28, regarding the environment; • The Hindrance Act, preventing hindrance; • In case archaeological artifacts are found the Monuments Law will be applicable. 2.2.1 MINING DECREE, E-58 Relevant environment-related articles in the Mining Decree are: • Article 4, sub. 1: “during the mining operation all mining activities should be carried out ... applying the most modern international techniques ...professionally making use of advanced technology and appropriate materials taking into account current requirements regarding safety and health... including requirements to protect the ecosystems”. • Article 16, sub 1: “after closure of the mining concession the holder of the right will, to • the satisfaction of the Minister (of Natural Resources) take all necessary measures in the interest of public safety, the conservation of the deposit, the rehabilitation of the land concerned and the protection of the environment”. • Article 30 sub 2: “the application for a mining concession should be accompanied by a • Plan of Operations for the rehabilitation of mined out land”. This article is also covered by the Petroleum Act, Article 7 sub 2 (see below). 14
P-all consultants Staatsolie Maatschappij Suriname N.V. PESIA Weg naar Zee 2D Seismic 2012 2.2.2 PETROLEUM ACT Relevant environment-related articles in the Petroleum Act are: • Article 7, sub 1, states: “for the performance of petroleum activities, due account should be given to the prevailing legal regulations, to build, establish, maintain and use all facilities that are necessary or advantageous for the proper performance of the petroleum activities”. This suggests, that due account should be given to all the existing regulations dealing with the environmental aspects of building, establishment and maintenance of all such facilities. • Article 7, sub 2, states: “upon termination of the petroleum activities on state land the land should return to its original condition insofar as reasonably possible”. • Article 28, sub c, states that further rules may be laid down by means of State Decrees (which do not exist). 2.2.3 THE HINDRANCE ORDINANCE (GB 1930, no. 64; GB 1944, no. 57; 1972, no. 96) The aim of this Act is to prevent the cause of danger, damage or hindrance caused by undertakings (enterprises) to the outside-fence surrounding environment. New undertakings need a written ‘Hindrance Ordinance Permit’ (‘Hinderverordening-vergunning’) issued by the District Commissioner who has to seek advice from the Bureau for Public Health, the Department of Labor Service, the Head of the Fire Department, etc. The permit is given on terms which may include environmental requirements. In case of outside-fence hindrance caused by air pollution and noise, soil and water pollution and generation of solid or liquid waste, this Act can be enforced. The Hindrance Act can be enforced by the Police and the Bureau of Public Health. Relevant environment-related articles: Art 1: It is prohibited to establish institutes, which can cause danger, damage of hindrance. Art 2 paragraph 1: with institutions in art. 1 is meant, institutes driven by steam or gas power tools, or electro motors using/exhausting steam, gasses or vapors. 2.2.4 MONUMENTS LAW SB 2002 NO. 72 The law Historical Monuments of 1963 no. 23 amended by SB 1977 no. 45 is withdrawn in 2002 by the Monuments Law SB 2002 no. 72. The law provides protection to archaeological sites, but only after Suriname's Minister of Education and Culture has declared the site to be a monument, based on the advice of the Monuments Committee. Relevant related articles: Art. 7 paragraph 1 and 2b and art. 15 paragraph 1b, which prohibit the destruction, demolition, disturbance or transformation of monuments. Art 17 paragraph 1 prohibits excavation on archaeological sites, without prior permission of the Minister in charge of the management of monuments and archaeological sites. 15
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(PESIA) Weg naar Zee 2D Seismic - Staatsolie

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