Environmental & social risk

Port Port

Description (What is the Risk)

The risk of the existing latent environmental conditions affecting the project and the subsequent risk of damage to the environment or local communities

Risk Allocation (Who typically bears the risk)

Allocation: Public Private Shared
Rationale

The Private Partner will have primary responsibility to accept the project site in an 'as is' condition, subject to Contracting Authority's disclosure of relevant matters, and manage the environmental and social strategy across the project, as well as obtaining all required licenses, permits and authorizations as necessary.

Existing environmental risks of the site prior to the Private Partner's acceptance of the site that have not been disclosed or within the knowledge of the Private Partner prior to commercial close will be deemed to be the responsibility of the Contracting Authority.

Social risks, insofar as they may involve indigenous groups, will be the responsibility of the Contracting Authority.

The Contracting Authority may also need to retain responsibility for social impacts which are unavoidable from the development of the project (e.g. compensation for expropriation of indigenous land rights and/or relocation of urban communities / businesses).

Mitigation Measures (What can be done to minimize the risk)

The Contracting Authority should conduct the necessary due diligence in order to ascertain the environmental fitness of the site and disclose all known environmental issues to the Private Partner.

The Contracting Authority will be required to review all environmental plans put forth by the Private Partner, to ensure that such plans will be adequate to appropriately manage the risks of the project.

Lenders will expect to see a plan to see how these aspects are dealt with and that these comply with the Equator Principles (if applicable to the project).

Certain investors, such as DFIs, will have their own requirements for environmental and social plans. In particular in relation to noise pollution and will require that these are provisions in agreements that will lead to remediation or mitigation.

Environmental risk extends to the impact of the wider project including issues such as the location in which dredging spoil is to be dumped and the wider impact of the project on marine life and wildlife. Projects in the United Kingdom and Australia have faced substantial opposition and costs in addressing and mitigating these risks.

Government Support Arrangements (What other government measures may be needed to be taken)

The Contracting Authority will need to take meaningful steps both before and during the project to manage social impacts of construction and operation.

Investors and lenders may expect to see a plan to see how these aspects are dealt with.

Comparison with Emerging Market

Environmental scrutiny is increasing even in developed markets, as both Private Partners and Contracting Authorities have come under increasing burdens to develop sound environmental and social risk management plans before construction begins.

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Description (What is the Risk)

The risk of the existing latent environmental conditions affecting the project and the subsequent risk of damage to the environment or local communities

Risk Allocation (Who typically bears the risk)

Allocation: Public Private Shared
Rationale

The Private Partner will have primary responsibility to manage the environmental and social strategy across the project, however existing environmental conditions which cannot be adequately catered for or priced may need to be retained by the Contracting Authority.

The Contracting Authority may also need to retain responsibility for social impacts which are unavoidable from the development of the project (e.g. compensation for expropriation of indigenous land rights and/or relocation of rural or urban communities / businesses).

Mitigation Measures (What can be done to minimize the risk)

The Contracting Authority should conduct the necessary due diligence in order to ascertain the environmental fitness of the site and disclose all known environmental issues to the Private Partner.

The Contracting Authority will be required to review all environmental plans put forth by the Private Partner, to ensure that such plans will be adequate to appropriately manage the risks of the project.

Lenders will expect to see a plan to see how these aspects are dealt with and that these comply with the Equator Principles (if applicable to the project).

Certain investors, such as DFIs, will have their own requirements for environmental and social plans. In particular in relation to noise pollution and will require that these are provisions in agreements that will lead to remediation or mitigation.

Environmental risk extends to the impact of the wider project including issues such as the location in which dredging spoil is to be dumped and the wider impact of the project on marine life and wildlife. Projects in the United Kingdom and Australia have faced substantial opposition and costs in addressing and mitigating these risks.

Government Support Arrangements (What other government measures may be needed to be taken)

Government will need to take meaningful steps both before and during the project to manage social impacts of construction and operation.

Investors and lenders may expect to see a plan to see how these aspects are dealt with.

Comparison with Developed Market

International lenders and development finance institutions are particularly sensitive about environmental and social risks, as a result of their commitment to the Equator Principles. They will look very closely at how these risks are managed at both private and public sector level and this scrutiny is helpful to mitigate the risks posed by these issues.

In particular on emerging market port projects the impact on local subsistence fishing communities will need to be managed by the Contracting Authority.

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