Project: Developing Regulations for Mine Plans of Operation
Position: Legal Consultant
In support of the U.S. Agency for International Development (USAID) in Georgia and the U.S. Forest Service (USFS) Office of International Programs, Management and Engineering Technologies International, Inc. (METI) seeks a legal consultant to work with the Ministry of Environment and Natural Resource Protection of Georgia (MENRP) to develop Regulations for Mine Plans of Operation. The Legal Consultant will take a lead role in analyzing relevant Georgian mining and environment laws and regulations, coordinating mining specialist and stakeholder input, and regulation drafting. The Legal Consultant will work closely with the Mining Regulation Consultant, the MENRP Mining Reform Working Group, USFS mining specialists, and other stakeholders.
In signing the EU Association Agreement in June 2014, the Government of Georgia (GoG) has assumed the obligation to harmonize its legislation and institutional processes with EU environmental acquis, including EU directives related to improved environmental governance of the extractive industry. The GoG has made significant progress in this direction in 2016 by developing a new Environmental Impact Assessment (EIA) Law. The EIA Draft Law is currently in Parliament and is expected to be enacted in autumn 2017. The GoG, will also need to develop additional legislation and regulation to meet the various requirements under the EU Directive 2006/21/EC on the management of waste from extractive industries.
The EIA Law expected to take effect in fall 2017, requires mine operators to submit a comprehensive mine Operating Plan (OP) as part of the EIA package. The Operating Plan is a document that lays out all relevant information on mine design, operation, monitoring, closure, and reclamation. Additionally it includes all relevant baseline environmental and geological data, waste and hazardous material management, proposed environmental protection measures, and risk control. Under the new EIA Law, an OP will be required to be reviewed and approved by the MENRP along with the EIA before a mining operation is permitted. Additionally, it is expected that the Mine OP Regulations can be developed in such a way that they meet all the information requirements consistent with the Waste Management Plans required by EU Directive 2006/21/EC, thus eliminating the need for submittal and approval of a separate Waste Management Plan.
Since 2014, the USFS/IP, with the support from USAID, has been providing capacity building to the MENRP on the environmental aspects of mining management. This support has taken the form of technical consultations, in-country trainings, a US-based study tour, and provision of reference documents. In 2016, this support focused on trainings for MENRP staff related to Operating Plans and legacy mine land inventory. In 2017, the MENRP has requested for USFS assistance to focus on the process of drafting the OP Regulations. The MENRP hopes to have a draft of these regulations completed by September 2017.
Responsibilities of the Legal Consultant will include:
Required Skills Set
- Analyzing how the OP Regulation will fit into existing and upcoming Georgian legislation and regulations.
- Participating in the review of regulations from other countries and relevant international guidelines to identify appropriate model(s) for the Georgian Operating Plan Regulations.
- Coordinating communication and synthesis of feedback from consultants, MENRP Working Group, USFS mining experts, and other stakeholders throughout the length of the project. This will include both ongoing informal engagement and organized workshops.
- Development of a Scoping Report in coordination with the Mining Regulation Consultant. The Scoping report will describe the proposed approach as regards the Regulation’s legal context, format, outline, and example provisions. The scoping report will also contain a proposed work plan for the remainder of the project.
- Compilation and organization of the content to be included in the draft regulations, to be accomplished in coordination with Mining Regulation Consultant, MENRP Working Group, and USFS mining specialists.
- Drafting the OP Regulation and assuring its consistency/harmonization with existing Georgian legislation and regulation.
- Coordinating the request and receipt of feedback on Regulation Draft(s) and the synthesis and incorporation of this feedback into subsequent draft revisions.
Period of Performance and Location
- Minimum of a University level degree in Law, Public Administration, Natural Resource Management or related field.
- A minimum of 3 years of work experience in the field of administrative law.
- Proven knowledge of Georgian natural resource and environment legal acquis; familiarity with EU and/or international environmental law desirable.
- A minimum of two years prior experience with drafting regulations.
- Excellent analytical and writing skills.
- Ability to proactively set and meet project goals.
- Ability to coordinate and organize input from various individuals and written materials
- Excellent oral communication and interpersonal skills. Ability to work in a dynamic environment with Georgian and US government agencies, international donors, NGOs, industry groups, and other stakeholders.
- Required computer proficiencies: Word, Excel, PowerPoint, Internet, relevant legal search engines.
- Fluency in written and spoken English and Georgian.
The Legal Consultant will be based in Tbilisi, Georgia to enable face to face meetings with MENRP working group. The consultant will work from home.
Work is expected to take place between April and September 2017. Scoping report is expected to be developed no later than a month following the start of the project. Subsequent time frames will be defined as part of the Scoping Report. The consultant will be originally hired for the scoping stage, with the contract modified with a scope of work for the drafting stage after the Scoping Report is submitted.
Communication and Reporting
The consultant will report to the USFS International Programs Caucasus Program Coordinator and will work closely with the USFS Georgia Project Coordinator. The consultant will also work in close coordination with the MENRP Deputy Minister Maia Bitadze and her designated Point of Contact Nodar Ruadze, and interact extensively with the MENRP mining reform working group.
How to Apply
The successful applicant will be identified through open recruitment, and will be a consultant hired by METI, Inc (in support of USFS) through funding provided by USAID. METI, Inc will be responsible for recruiting and managing the Consultant with input from USFS, USAID/Georgia, and MENRP.
Please email your resume or CV and a cover letter before April 3, 2017 to: firstname.lastname@example.org. Please include “Georgia Legal Consultant” in the subject line. In the body of the email, please indicate where you saw this posting. METI is an Equal Opportunity Employer (www.meticorp.com).