
2 minute read
ExxonMobil secures...
tion of the environment in accordance with section 39 (2) and (4) of the Environmental Protection Act, Cap. 20:05, Laws of Guyana.
• The permit holder, his servants and/or agents shall be jointly and severally liable for any negligence or willful misconduct which causes harm to the environment, biodiversity, protected species and natural habitat.
Advertisement
• The permit holder, his servants and/or agents shall be liable jointly and/ or severally for any gross negligence or willful misconduct to the marine environment, biodiversity, protected species and natural habitat with respect to any release or discharge, spill, contaminant fluids, oil or lubricants any facilities permitted under this project.
• The permit holder, his servants and/or agents shall be liable jointly and/ or severally for environmental damage due to pollution from its activities within Guyana, its territorial waters, contiguous zones, continental margins continental shelf, and Exclusive Economic Zone, inclusive of damage to the marine environment, biodiversity, protected species and natural habitat with respect to any release or discharge, spill, or contamination which is attributable to the Permit holder and his agents or contractors. This is in accordance with Section 49 (1) of the Maritime Zones Act 2010 and is subject to any other existing or forthcoming laws, regulations and standards governing the protection of the marine environment.
Financial Assurance
The permit covers Financial Assurance as follows:
The permit holder shall provide to the state, within a reasonable time of signing of this permit, a combination of the following forms of financial assurance to cover all its legitimate environmental liabilities under this permit. These shall include:
• Insurance in accordance with Condition 14.4, and shall cover Well control, and/or clean up and third-party liability on terms and in adequate amounts of coverage that are market standard for the type of In- surance;
• The permit holder shall, each year, provide a written declaration of EEPGL's and its Co-Venturers' financial capability to fulfill all liabilities (including remediation, compensation, loss or damage etc.), as required by the Environmental Protection Act Cap 20:05 and this Permit. The required declaration shall be accompanied by EEPGL's and each Co-Venturers' statement of financial position for the preceding year indicating each Companies' assets, liabilities, equity, and such further financial information, as may be necessary.
• The permit holder shall provide one or more guarantee agreement(s) in which the Parent Company or Affiliate Companies of Permit holder and its Co-Venturers (“Affiliates”) shall undertake to promptly and within thirty (30) days, upon notice of default, provide adequate financial resources for the permit holder and its Co-Venturers to pay or satisfy their respective environmental obligations regarding the Stabroek Block, if the permit holder and/or its Co-Venturers fail to do so, and to so indemnify and keep indemnified the Agency and the Government of Guyana, against all such environmental obligations regarding the Stabroek Block.
One key condition for approval was the conclusion of negotiations on the parent/affiliate company guarantee referenced above. This is expected to be executed shortly with the signature of the guarantor and beneficiary.
Environmental Effects Monitoring
In seeking to ensure EEPGL meets its obligations to prevent and mitigate environmental harm, the permit imposes comprehensive requirements for monitoring and management of any impacts affecting biological, physical, and socio-economic resources within the Area of Influence of the project.
The Permit also requires EEPGL to submit safety case information, including a risk assessment prior to drilling and development of wells.
The full text of the Uaru Permit is available for download on the EPA’s website at www.epaguyana. org.