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Title

Niger Delta Conservation Project PPG: Law and Policy National Expert

Posted
Reference   (Please mention Stopdodo/Environment Jobs in your application)
Sectors
Location
Town/City Preferably based in Abuja or Port Harcourt (alternatively based in Asaba, Yenagoa, Uyo or Calabar), NIGERIA
Type Temporary / Contract / Seasonal
Status Full Time
Level Mid Level
Deadline 24/05/2010
Company Name United Nations Development Program
Contact Name Human Resources
Website Further Details / Applications
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Directory Entry : UNDP is the UN's global development network, an organization advocating for change and connecting countries to knowledge, experience and resources to help people build a better life. We are on the ground in 166 countries, working with them on their own solutions to global and national development challenges.
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Description
The GEF has approved a Project Preparation Grant (PPG) for Nigeria in order to produce a UNDP Project Document and a GEF CEO Endorsement Request (both using the appropriate templates) under the guidance of UNDP-GEF and working in close collaboration with key government officials, donors, NGOs, CBOs and the private sector.
 
The project, budgeted for $3.6 million in GEF funding and $6.2 million 5,265,000 million in co-financing to be mobilized, will conserve globally important biodiversity in Nigeria by mainstreaming biodiversity management priorities into the Niger Delta oil and gas (O&G) sector development policies and operations. This process will contribute to averting threats and risks to biodiversity linked to O&G operations in priority Niger Delta ecosystems within a spatial area of 4,600,000 hectares. This will be achieved through the following three components: 
 
1)      Governance framework for the mainstreaming of biodiversity conservation into the O&G sector in the Niger Delta
2)      O&G industry and community engagement in biodiversity management in the Niger Delta
3)      Financial mechanisms for O&G sector support to biodiversity conservation
 
The PPG process is to be implemented between May and November 2010 and will focus on the activities necessary for approving and finalizing the proposed project. The focal points for the project in government and the PPG team of consultants will work in collaboration with existing related initiatives to carry out the following activities:
 
1. Baseline data collection and information gap analysis
  • Analyze the Niger Delta Regional Development Master Plan’s Biodiversity Sector Report.
  • Collect and collate available ecological data on the biological and ecological diversity of the Delta (threats, impacts and barrier analysis)
  • Prepare a preliminary biodiversity valuation exercise for biodiversity in the Niger Delta.
  • Prepare comprehensive activity/output component and Terms of Reference for the development of an application of the IBAT for the Niger Delta that is useful to the O&G industry and useful for guiding conservation planning.
  • Analyse existing legal and policy frameworks governing the O&G sector and their ability to support the incorporation of biodiversity conservation imperatives into them (concessions, EIAs, O&G siting agreements, biodiversity offsets)
  • Baseline Capacity Assessment. (1) At the federal level: FMoE, NDCC, MNDA, NOSDRA and NESREA). (2) At the state level: Delta, Bayelsa, Rivers, Akwa Ibom and Cross Rivers.
  • Baseline Capacity Assessment at local level.
  • Map and estimate the spatial mainstreaming targets will be better
2. Industry Assessment and Initial Industry Engagement Plan
  • Identify and map the O&G industry players in the Niger Delta,
  • Assess whether these companies have (or plan to have) CSR plans or policies, oil spill contingency plans, and their positions on biodiversity conservation; assess the adequacy of these.
  • Assess companies willingness to join together in a compact to contribute to a Biodiversity Trust Fund and to establish biodiversity-maintreamed siting agreements
  • Identify potential incentive mechanisms for engaging the industry in the project
  • Outline a capitalization plan for the Trust Fund proposed under the project’s component 3
  • Compile the Initial Industry Engagement Plan: Propose a plan with clear recommendations for the engagement of the O&G industry in the project and in its objectives
3. Delta Biodiversity Conservation Financing Assessment
  • Assess relevant laws, policies, and institutional baseline for the Delta Biodiversity Trust Fund in Nigeria.
  • Apply the GEF’s checklist of eligibility requirements for GEF funding of Trust Funds
  • Consider how the Trust Fund could be designed (i.e. financial and administrative aspects) with measures to ensure the security of assets, from invasion, currency devaluation and attachment, and to manage investment risks.
  • Confirm whether co-financing targets can be satisfied, and development of a preliminary fund raising strategy
4. Stakeholder consultation and engagement
  • Identification of related projects, programmes and initiatives
  • Site selection and a strategic assessment of what is required to enable local communities chosen for pilot work to become more involved in biodiversity conservation planning, monitoring and activities in the Delta area. 
  • Identification of groups that will be targeted to participate in training seminars
  • Planning of these seminars within the framework of the project’s work plan and propose the most appropriate and cost-effective way of delivering them
  • As a final result of this activity, production of a report containing a ‘Stakeholder Matrix’, a ‘Stakeholder Involvement and Capacity Building Plan’, and ‘Recommendations for the full-size project on stakeholder involvement’.
  • Identification and confirmation of potential sources of co-financing, through the activities of stakeholder and industry engagement as a whole.
5. Project Scoping, Costing, Risk Assessment and M&E Planning
  • Summary of the local, national and global biodiversity benefits of the project;
  • A thorough analysis of the barriers to achieving the proposed project outcomes
  • Appropriate scoping of the project, based on the conceptual elements outlined in the PIF and the results of the PPG studies, where comments from GEF Council, GEF Secretariat and STAP will be specifically taken into account;
  • Identification of lead implementing partners and implementation arrangements, and a complementary strategy for partnerships and co-funding;
  • A learning (adaptive management) plan, including potential lessons and knowledge products;
  • A replication plan to ensure that project interventions are geared towards ensuring replication, following the removal of barriers;
  • An analysis of project risks and risk mitigation measures, including (if applicable) climate change associated risks;
  • Costing of expected project outcomes through detailed inputs-budgeting, including where applicable in-cash co-financing sources and co-financing commitments in compliance with the GEF incrementality principle;
  • A cost effectiveness analysis to identify the most effective project alternatives;
  • Analysis of the social, institutional, economic and financial sustainability of proposed project activities; and
  • An overall project Monitoring and Evaluation Plan, with recommendations on how to track the project’s progress and effectiveness, and the baseline and target values on indicators.

 

Duties and Responsibilities

Encompassing approximately 14 weeks of work throughout the duration of the PPG and reporting to the PPG Activity Coordinator, the national ‘Law and Policy Expert’ will establish the project’s baseline with respect to whether and how Nigeria’s legal, policy and regulatory framework governing the O&G sector effectively incorporates biodiversity conservation.
 
In particular, the expert will:
 
i)        Collect baseline information on policy, legal and regulatory context, outline legislative and regulatory barriers and gaps for mainstreaming biodiversity objectives at the national and regional levels;
ii)       Focus on the laws, policies and regulations for the establishment of O&G concessions, the incorporation of biodiversity into EIA for O&G developments, O&G siting agreements and the legal basis (or gaps) for establishing a biodiversity offset payments scheme in connection with O&G operations;
iii)     Analyze national environment protection policies and legislation on Environmental Impact Assessment, state ecological expertise, national regulations and standards on the design of investment projects and their environmental safety with the view of improving coverage of BD mainstreaming aspects in these regulations;
iv)     Assess the national policy and legislative context and existing or missing regulatory prerequisites for the introduction of the “avoid-reduce-remedy” principles in the O&G sectors.
v)      Assess the legal requirements and barriers for full economic assessment (valuation) of biodiversity degradation and loss;
vi)     Assess legal basis for, existing policies and plans and any regulatory gaps in support of adequate compensation for biodiversity loss from O&G development projects/investments; regulations on post-project rehabilitation methods with a view to require maximum proximity of the restored ecosystem to its pre-project ecology;
vii)   Consider the policy, legal and regulatory provisions and barriers for introduction of environmental insurance and biodiversity off-sets programmes;
viii) Describe the national land tenure context for spatial planning;
ix)     Summarize the legal context for the federal and regional administrative reform processes affecting the proposed project plans;
x)      Elaborate the current shortcomings and gaps/risks in the planning, policy and legal framework and related risks that may affect the efficacy of project activities, and recommendations on how to mitigate these constraints/risks.
 
At the Delta level, review:
 
i)        Delta policies and regulatory frameworks affecting the proposed project plans; special consideration will be given to policies on the territorial (spatial) planning at the regional level;
ii)       Delta-specific O&G development plans and investment proposals;
iii)     Take stock of past experience with the introduction and enforcement of environmental protection and specifically biodiversity mainstreaming legislation and regulations in the Delta; take stock of the willingness of state governments in the Delta to cooperate on biodiversity mainstreaming solutions. Confirm availability/willingness of certain regions/sites to be demonstration areas for the project.
iv)     In close collaboration with the biodiversity finance expert (team member), determine the legal framework existing and any gaps that may need to be filled in order to have the necessary framework to support the possible establishment, capitalization and operation of a Trust Fund, so as to encompass financial contributions from O&G royalties and funding allocations for biodiversity conservation throughout the Delta’s relevant ecosystems.
 
The expert will outline the current shortcomings and gaps in the planning, policy and legal framework and related risks that may affect the efficacy of project activities, and provide recommendations for FSP planning. The consultant will also outline proposals for necessary changes into the targeted legal and policy frameworks, in line with the mainstreaming objectives of the project.
 

 

Competencies

  • Ability to communicate effectively orally and in writing in order to communicate complex, technical information to technical and general audiences
  • Skill in negotiating effectively in sensitive situations
  • Skill in achieving results through persuading, influencing and working with others
  • Skill in facilitating meetings effectively and efficiently and to resolve conflicts as they arise
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