Environmental and Social Management Clause Samples
The Environmental and Social Management clause establishes requirements for parties to identify, assess, and manage environmental and social risks associated with a project or business activity. Typically, this involves implementing policies and procedures to minimize negative impacts on the environment and local communities, such as conducting environmental impact assessments or ensuring fair labor practices. The core function of this clause is to promote sustainable and responsible operations, thereby reducing the likelihood of legal, reputational, or operational issues arising from environmental or social harm.
Environmental and Social Management. (a) The Borrower undertakes to ensure that it observes and perform all environmental laws (including without limitation the provisions of the Environmental Management and Coordination Act, 1999) the regulations, directions, and codes of practice and all covenants and stipulations from time to time and to diligently designs, constructs, operates, maintains and monitors all of its plants, sites and equipment in a safe, efficient and business-like manner.
(b) The Borrower shall not perform any of the following activities:
(i) Production or trade in any product or activity deemed illegal under host country laws or regulations or international conventions and Agreements, or subject to international bans, such as pharmaceuticals, pesticides/herbicides, ozone depleting substances, polychlorinated biphenyls, a group of highly toxic chemicals, wildlife or products regulated under Convention on International Trade in Endangered Species or Wild Fauna and Flora.
(ii) Production or trade in weapons and munitions. This does not apply to businesses which are not substantially involved in these activities i.e. the activity concerned is ancillary to the business’s primary operations.
(iii) Production or trade in alcoholic beverages (excluding beer and wine). This does not apply to businesses which are not substantially involved in these activities i.e. the activity concerned is ancillary to the business’s primary operations.
(iv) Production or trade in tobacco. This does not apply to businesses which are not substantially involved in these activities i. e. the activity concerned is ancillary to the business’s primary operations.
(v) Gambling, casinos and equivalent enterprises. This does not apply to businesses which are not substantially involved in these activities i.e. the activity concerned is ancillary to the business’s primary operations.
(vi) Any business relating to pornography or prostitution.
(vii) Production or trade in radioactive materials.
(viii) Production or trade in unbonded asbestos fibers. This does not apply to purchase and use of bonded asbestos cement sheeting where the asbestos content is less than 20%.
(ix) Drift net fishing in the marine environment using nets in excess of 2.5 kilometers in length.
(x) Production or activities involving harmful or exploitative forms of forced labor/harmful child labor.
(xi) Commercial logging operations for use in primary tropical moist forest.
(xii) Production or trade in wood or other forestry products other than...
Environmental and Social Management. The Recipient shall ensure that, not later than by three (3) months after effectiveness of the Financing Agreement, the ESMF and the RPF are revised to incorporate measures related to activities to be carried out under the Project, and that the modified ESMF and RPF are duly disclosed in-country and in the World Bank’s InfoShop.
Environmental and Social Management. (a) The Recipient shall ensure that, prior to authorizing the commencement of any Project activities or undertaking financing of any Sub-projects likely to have detrimental environmental or social impacts, an appropriate environmental impact assessment shall have been undertaken, and that in the case of the identified environmental or social risks, appropriate action plans are adopted and carried out in accordance with the provisions of the Environmental and Social Management Framework (ESMF).
(b) The Recipient shall regularly review the effective use of the ESMF as part of the monitoring and evaluation system for the SLM Project.
Environmental and Social Management. For purposes of Articles 6.06 and 7.02 of the General Conditions, the Parties agree that Program execution shall be governed by the following provisions, which hav_e been identified as necessary for compliance with the environmental and social obligations of the Project:
(a) The Borrower agrees to design, build, operate, maintain, and monitor the Program and manage the environmental and social risks of the Program's Associated Facilities, if any, directly or through the Executing Agency or through every other contractor, operator or any other person performing Program-related activities in accordance with the Livelihood Restoration Plan, the ESMP and the ESAP and other environmental, social and occupational health and safety plans that may have already been developed and/or will be developed during execution, and the requirements included in any Corrective Action Plan if applicable in the future.
(b) The Borrower, directly or through the Executing Agency, must ensure that the Program is implemented in accordance with the ESAP, in a manner acceptable to the Bank. For this purpose, the Borrower must ensure that its costs are covered and have the personnel required for its implementation. The ESAP, Environmental and Social Management System, the Environmental and Social Management Plans and the Disaster Risk Management Plans can be modified with the prior written consent of the Bank, as indicated therein.
(c) The Borrower, directly or through the Executing Agency, will: (i) implement participation processes with the affected communities and interested parties for the activities planned in the Program; (ii) disclose all environmental and/or social documentation of the Environmental and Social Management System; and
Environmental and Social Management. For purposes of Articles 6.06 and 7.02 of the General Conditions, the Parties agree that Project execution shall be governed by the following provisions, which have been identified as necessary for compliance with the environmental and social obligations of the Project:
(a) The Sub-Executing Agency shall implement the mitigation plans described in the Environmental and Social Management Plan;
(b) The Executing Agency and the Sub-Executing Agency shall not engage in the financing of any Category A projects, as defined by the Bank; and
(c) The Executing Agency and the Sub-Executing Agency must: (i) implement participation processes with the interested parties in the works foreseen in the Program to guarantee that the affected communities are informed and consulted about the progress of the work and the socio-environmental management of the Program, and have access to conflict resolution mechanisms; and (ii) disclose to such parties any evaluation and socio-environmental management plan related to the works.
Environmental and Social Management. Power
1. Environmental Audit (EA) of the Kingtom Power Station; Environmental Impact Assessment (EIA) of the 33 kV Subtransmission Network of the Western Area; Resettlement Action Plan (RAP) for the 33 kV Subtransmission Network of the Western Area; and Resettlement Policy Framework (RPF-Western Area) for the Distribution Network of the Western Area:
(a) Except as the Association shall otherwise agree, NPA shall:
(i) Carry out or cause Parts A.3 and A.4 of the Project to be carried out in accordance with the environmental, social and resettlement guidelines, rules and procedures defined in the EA, EIA, RAP and the RPF-Western Area (including the preparation and implementation if the appropriate action plans for compensation or resettlement, as the case may be, in accordance with the RPF, said plans to be in form and substance satisfactory to the Association); and
(ii) Not amend or waive, or permit to be waived, the EA, EIA, RAP and the RPF-Western Area, or any provision thereof, in a manner which, in the opinion of the Association may materially and adversely affect the implementation of Parts A.3 and A.4 of the Project.
2. NPA shall ensure that: (a) all measures for carrying out the recommendations of the EA, EIA, RAP and RPF-Western Area are taken in a timely manner; and (b) the progress reports referred to in paragraphs E and F of this Schedule shall include adequate information on monitoring the measures defined in the EA, EIA, RAP and RPF-Western Area.
3. Prior to energizing the 33 kV subtransmission line in the Western Area, NPA shall ensure that the RAP has been fully implemented in form and substance satisfactory to the Association.
4. Prior to the commencement of any subcomponent of the distribution component involving involuntary resettlement or involuntary land acquisition, the Borrower shall prepare and implement appropriate action plan or plans, as the case maybe, for compensation and/or resettlement, in accordance with the RPF-Western Area, such action plans to be in form and substance satisfactory to the Association.
Environmental and Social Management. The Recipient shall carry out or cause Part A of the Project to be carried out in accordance with the environmental, social and resettlement guidelines, rules and procedures defined in the SLRA EMP, ESMF and RPF and, wherever applicable, prepare and implement Resettlement Action Plans in accordance with the RPF and in form and substance acceptable to the Association, defining a program of actions, measures and policies for compensation and resettlement of Affected Persons, including the magnitude of displacement, proposed compensation and resettlement arrangements, budget and cost estimates, and sources of funding, together with adequate institutional, monitoring and reporting arrangements capable of ensuring proper implementation of, and regular feedback on compliance with, the RAPs.
Environmental and Social Management. Plan (ESMP)
Environmental and Social Management. For purposes of Articles 6.06 and 7.02 of the General Conditions, the Parties agree that Project execution shall be governed by the following provisions, which have been identified as necessary for compliance with the environmental and social obligations of the Project:
(a) The Borrower agrees to design, build, operate, maintain, and monitor the Project through the Executing Agencies or directly, or through every other contractor, operator or any other person performing the Project related activities in accordance with the environmental, social and occupational health provisions provided for in the POMM and POME, the ESMP and the Environmental and Social Management Report.
(b) The Borrower, through the Executing Agencies or directly, shall not engage in any of the following activities with respect to the Project: resettlement activities, any activities that could pose negative impacts or risks on indigenous peoples, afro- descendants, vulnerable peoples and affections to critical natural habitats and cultural sites.
(c) The Borrower, through the Executing Agencies or directly, must: (i) implement participation processes with the interested parties in the works foreseen in the Project to guarantee that the affected communities are informed and consulted about the progress of the work and the socio-environmental management of the Project, and have access to conflict resolution mechanisms; and (ii) disclose any evaluation and socio-environmental management plan related to the works foreseen in the Project.
Environmental and Social Management. (a) Acquisition of land and indemnification in connection with the implementation of Environmental and Social Management Plans and Resettlement Action Plans for the Project; (b) coordination and implementation of the Environmental and Social Management Framework and the Resettlement Policy Framework, as well as the preparation of the Environmental and Social Impact Assessments, the Environmental and Social Management Plans and the Resettlement Action Plans; and (c) activities to strengthen the capacities of the entities responsible for the implementation of Part 4 of the Project.