Objective: Appoint an independent auditor to conduct the third independent review of the implementation of the biodiversity offset contemplated in the biodiversity offset agreement (BOA) entered into between Black Mountain Mining Pty (Ltd) (BMM) and the Department of Agriculture, Environmental Affairs, Rural Development and Land Reform (DAERL) on 16 October 2014.
Job Responsibilities
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Determine compliance with the provisions of the BOA by the Parties (BMM and DAERL), with particular focus on clauses found partially compliant and/or non-compliant in the Second Review and clauses not assessed during the Second Review, and determine whether Second Review recommendations have been implemented.
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Determine the adequacy of the implementation of the Offset in terms of the BOA.
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Provide recommendations to the Steering Committee on improving and/or enhancing implementation of the Offset, including recommendations to adjust the financial provisions under clause 10 of the BOA where required.
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Provide initial suggestions and insights during the review process on: readiness of the Parties to undertake verification of completion of the Offset (clauses 14.3 to 14.6), measures to ensure financial sustainability of the Gamsberg Nature Reserve beyond BMM contributions, adequacy of current suretyship provided by BMM, actual duration of financial provisions to be made by BMM, rehabilitation responsibilities of BMM and what is meant by rehabilitation in the context of the BOA, and guidance on managing governance requirements of the BOA, the Integrated Management Plan, and the Gamsberg Nature Reserve Trust to ensure effective, efficient, integrated management while avoiding duplication of governance structures.
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Prepare an inception report outlining understanding of scope, proposed methodology, work plan, timelines, proposed outline of report, review matrix, and logistical or data requirements, and present key elements during the inception meeting.
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Conduct the independent review process including initial meeting with Parties and IUCN, document review, interviews, site visit (2 to 3 days), written clarification questions and responses, possibility of further online clarification meetings, and regular online project management meetings with IUCN every two weeks or when necessary.
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Produce a draft Independent Review report aligned with the format, content, style, and approach used in previous review processes and reports, including executive summary, acronyms and definitions, background, scope and objectives, limitations and assumptions, methodology, document review, independent review framework, findings and observations, discussion, and recommendations.
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Include in the draft and final report a compliance summary table with clause description, compliance assessment, and brief rationale for compliance assessment, using the compliance ratings applied in previous reviews.
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Summarize each finding, rating, and recommendation from the third independent review with supporting evidence.
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Include an assessment of financial provisions, adequacy, and compliance with clause 10 of the BOA, with recommendations to adjust financial provisions where required.
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Prepare an executive summary as a separate document suitable for publication on the websites of both parties, and ensure the executive summary is translated into Afrikaans.
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Participate in an online clarification meeting with Parties and IUCN on the draft report (4 hours), and produce a final report incorporating comments from the Parties and IUCN.
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Schedule and include in the costing proposal at least one site visit to Gamsberg, with travel and accommodation.
Job Requirements
Minimum skills, education and experience
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Advanced degree (Master’s or higher) in environmental conservation biology, environmental/biodiversity management, environmental law, or a related field.
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Demonstrable experience and expertise in biodiversity management, biodiversity offset design, implementation, and/or evaluation, with understanding of the No Net Loss principle, preferably within mining or extractive industries.
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Experience and skills with environmental compliance, audit, and implementation, including expertise in environmental law, contract law, and compliance auditing.
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Previous experience with independent review of offset agreements or obligations.
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Knowledge of the South African context, policy, guidelines, and legal framework for biodiversity offsets and protected areas.
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Excellent analytical, writing, and communication skills, with ability to synthesize complex legal, technical, and financial information into clear, actionable recommendations.
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Full independence, with no conflict of interest with either Party to the BOA.
Proposal submission requirements
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Four documents: Signed Declaration of Undertaking, Pre-Qualification Information, Technical Proposal, Financial Proposal.
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Proposal prepared in English.
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Submission by email to tenders.sa@iucn.org with subject: [RfP Reference – BMM South Africa].
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Documents submitted in PDF format, password-protected, using the same password for all documents, password sent within 12 hours after the submission deadline.
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Pre-Qualification Information to include: 3 relevant references, legal registrations, annual turnover for past 3 years, number of qualified employees, and confirmation of formal policies/procedures (or written statement) for environmental management, legal compliance, quality assurance, stakeholder engagement, and transformation.
