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Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector One Industry One Nation One Vision

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Page 1: Tanzania, Integrating Environment into Inve

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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Page 2: Tanzania, Integrating Environment into Inve

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

Reproduction of this publication for educationalor other non commercial purposes is authorised

without prior written permission of the copyright holders-provided the source is fully acknowledged.

Reproduction of this publication for resale or othercommercial purposes is prohibited without prior permission

of the copyright holder.

Citations WWF and TCME 2012 Kathryn Brooks and JonathanHobbs; Integrating Environment into Investment Decisions:

Introductory Guidance for Tanzania’s Mining Sector.

c 2012 WWF Coastal East Africa Initiative and Tanzania Chamber ofMinerals and Energy

Disclaimer: Information contained within this document is correct to thebest of the authors’ knowledge at the time of publication.

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Chapter 5 Investment Pathway Flow Diagram of Investment Process 59

Environmental Checkpoint Reference Database 60

Chapter 6 Challenges Introduction 65

Challenges for Investors in Tanzania 66

Challenges for Government 70

Chapter 7 Key Checkpoints Introduction 73

Checklist for Government and Investors 73

Chapter 8 Towards an Investment Screening Process Introduction 75

Draft Screening Template 76

Chapter 9 Roles and Responsibilities Government 79

Civil Society 79

Industry 80

Media 80

Chapter 10 “Beyond Compliance” Case Studies 83

Resources 85

Annex 1 The Project Methodology 87

Annex 2 Key Actor Contacts 88

About the Authors 91

Acronyms 92

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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Executive Summary 5

Chapter 1 Introduction Overview 9

The Challenge 10

The Goal and Objectives 12

Sources of General Guidance 12

The Scope 14

The Intended Audience 15

Summary 16

Chapter 2 The Minerals Industry Overview 19

Benefits of the Mining Sector 20

Brief History 21

Current Situation and Future Prospects 22

Mining Operations and Projects 27

Key Actors 33

Beyond 2012 36

Conclusion 36

Chapter 3 Environmental Sensitivities Overview 39

Key Environmental Issues in Tanzania 39

Environmental Challenges for the Mining Sector 40

Policy and Legislation 44

Key Actors 45

Standards, Guidelines and Fora 49

Beyond 2012 51

Conclusion 51

Chapter 4 Environmental Procedures and Introduction 53

Requirements for the Mining Sector SEA 53

Major Impacting Activities 55

EIAs and EMPs 55

Biodiversity Action Plans 57

Mine Closure and Legacy Issues 57

Conclusion 57

Contents

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A collaboration between the Tanzania Chamber of Minerals and

Energy (TCME) and WWF, ‘Integrating Environment into

Investment Decisions: Introductory Guidance for Tanzania’s

Mining Sector’, is designed to facilitate both the mainstreaming

and upstreaming of environmental considerations into the

mining sector, for the benefit of industry and the Tanzanian

population. This means the incorporation of environmental

factors into strategic and policy level decisions, as well as during

detailed project formulation.

The environment is of vital import in Tanzania; its stunning

landscapes and wildlife generate large revenues through

tourism, while at the same time a large proportion of the

population – living near or below the poverty line – depend

directly on the country’s natural resources for their survival, and

are vulnerable to the impacts of environmental degradation.

Tanzania also possesses a vast array of mineral deposits, the

exploitation of which has been a key driver for the country’s

recent economic development. In a global climate of increasing

demand for resources, Tanzania is presented with a set of

opportunities and challenges that need to be managed carefully

to ensure that its development is sustainable.

This Guidance therefore aims to promote greater compatibility

between the goals of mineral exploitation and environmental

conservation. The emphasis is placed on the importance of

planning and action with regards to environmental

considerations at the beginning of the development of an

investment, allowing it to inform the strategic decision-making

processes that follow.

The Guidance document provides an overview of the mining

sector, the environmental context and the current regulatory

framework in Tanzania. It also introduces relevant international

standards, guidelines and organisations, utilising case studies to

demonstrate best practice. Links to the relevant websites,

organisations and documents will be found in the live version of

the document when published.

Beyond being informative the document provides a brief

overview of the key challenges facing mining companies and

government, and provides guidance as to how these challenges

might be met and best practice facilitated and acknowledged. It

also lays out a checklist of factors that should be considered

before key strategic decisions have been made, and provides a

Executive Summary

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through their operation. A comprehensive reference database

provides the reader with a spring board to further and more in-

depth information at the national and international level.

The purpose of this Guidance, however, is not only to

mainstream environmental and sustainability factors into project

level decision-making, but also to upstream these factors into

the strategic and policy level decisions that are made prior to

detailed project formulation, and which ultimately frame the

project. Strategic Environmental Assessments (SEAs) are

therefore considered as a tool to encourage the systematic and

comprehensive evaluation of broad development options and

help identify new opportunities, in contrast to the predominant

focus of EIA on mitigating negative impacts. The EMA of 2004

details the instances in which an SEA is required, and the

Government is undertaking capacity development in this

respect, suggesting that SEAs will increasingly become part of

Tanzania’s strategic planning and policy landscape.

Challenges facing both Government and investors are

identified and analysed in the Guidance document. By listing

and detailing them it is hoped that parties will be better able to

prepare in advance to meet them successfully. The mining sector

faces significant challenges, including the difficulty in

communicating the link between investment in the mining

industry and Tanzania’s broader economic development, the

perceived environmental impact of operations, strained

community relations and suspicion of the private sector. The

Government, on the other hand, faces the challenge of

ensuring that sufficient benefit is derived, and seen to be

derived, for Tanzanian citizens from mining activities, whilst

maintaining an attractive investment climate to ensure the

industry, and its contribution to growth and development, is

sustainable in the long-run. A further obstacle currently facing

Government is limited capacity, which hampers its ability to

meet the former. In each case the challenge should be

recognised and addressed early in the process, when key

strategic decisions have yet to be made. A failure to do so may

result in environmental damage and unsustainable

development, which not only weakens the long-term growth

prospects and profit margins of the industry, and thereby the

revenue received by government, but also damages the

company’s reputation and prospects.

Screening and checklists are included within the Guidance

document. In particular, the Guidance presents a draft screening

system that provides a suggested basis for discussions with

government about how such a tool might be developed and

utilised so that the suitability of investments, and their

compatibility with Tanzania’s long-term goals, is ensured. It is

not intended that this process will create a new legal obligation

on mining companies, but that it will instead act as a

mechanism to promote and facilitate best practice. Industry has

a vested interest in facilitating the introduction of such a

process, which could strengthen the relationship between

government, industry and civil society, by providing for a clearer

understanding from the outset as to the expected actions to be

taken and benefits generated.

Conclusion

The proper integration of environmental considerations benefits

both Tanzania and the mining industry, and should help

facilitate the compatibility of mineral exploitation and

environmental conservation. The emphasis of the Guidance is

on the importance of planning and action at the beginning of

the investment process, before key strategic decisions have

been made. In this way it is not intended to create further

burdens on decision-making efficiency, but to help streamline

later requirements.

This is a ‘living’ document and a platform for discussion,

development and further contributions. The document has been

developed through a combination of research, consultation and

feedback with three groups of experts whose members consist

of various government, industry and international actors with

expertise in the mining sector and/or environmental issues. It is

hoped that the document will serve as a platform for further

debate and multi-partner collaboration on mining and the

environment to the benefit of government, industry and

Tanzanian citizens. As a ‘work in progress’ this draft will be

followed by further stakeholder collaboration and engagement.

TCME and WWF welcome all feedback and inputs in this

respect.

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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draft investor screening tool that could be developed by

government and utilised in the early stages of project planning

to assess investor company and proposal compatibility with the

sustainable development of Tanzania.

In More DetailThe mining sector in Tanzania is a key driver of growth,

contributing approximately 2.7% to GDP, which, according to

the vision laid out in the Mineral Policy of 1997, the

Government hopes to increase to over 10% by the year 2025.

Tanzania is the fourth largest gold producer on the continent,

and has an array of minerals and resources, amongst which are

gold, diamonds, coal, uranium and various gemstones,

including Tanzanite for which Tanzania is the only source.

Although artisanal mining has been an omnipresent feature of

the country’s socioeconomic landscape since the late 19th

century, the period following the mid-1990s has seen the

opening up and liberalisation of the sector, resulting in the

influx of international mining companies and investors and the

commencement of large scale mining activities. The rapid

growth of the mining sector has made the challenge of securing

the sustainability of Tanzania’s economic development even

more pressing.

The sector is currently governed by the 2010 Mining Act. The

Act increased royalties levied on precious and base metals and

diamonds, included provisions on the required level and nature

of ownership and involvement of Tanzanian citizens in

gemstone and small-scale operations, permitted the minister to

negotiate a stake on behalf of government and requires the

Minister for Minerals to direct mining companies to post

Environmental Performance Bonds. The previous Mining Act of

1998 placed less onerous demands on investors. However, this

fuelled criticism as to the level of economic benefit the industry

was generating for Tanzanians.

The environment in Tanzania includes large areas under

protection in the form of National Parks, Game Reserves, Game

Controlled Areas, Conservation Areas, Marine Parks and Marine

Reserves, which total over 25% of the country, as well as areas

of world-famous natural beauty, including Mount Kilimanjaro

and the Serengeti. Tanzania attracts approximately 650,000

tourists each year, and the tourism sector contributes

approximately 6% to GDP; more than double that of the mining

sector. The environment also supports the livelihoods of most

Tanzanians, as the majority of the population is dependent on

subsistence agriculture. Its preservation is, therefore,

instrumental to the prevention and alleviation of poverty and

fuelling economic growth, and as a consequence development

of the mining sector is also sensitive to the continued

preservation of the environment. The Guidance document

considers how investors might best ensure good environmental

practice in Tanzania, as well as how they might identify and

seize opportunities to go beyond compliance.

Environmental challenges facing Tanzania include deforestation,

land degradation, pollution, the threat to wildlife and

biodiversity, access to clean water and the deterioration of

marine and freshwater systems. The impacts of mining

throughout the lifecycle on these factors can be significant but

varied according to location, project type and methods and

mechanisms employed. Consequently, early assessment and

planning are important to maximise the likelihood that solutions

and alternatives to environmental risk can be properly managed,

and opportunities to go beyond compliance in a manner that

generates strategic efficiencies are identified.

The Guidance document details the Environmental

Management Act (EMA) of 2004 and the Environmental Impact

Assessment (EIA) Regulations of 2005, as well as relevant

government policy. It also identifies and introduces the key

national and international actors, and their areas of

responsibility in this respect, with international standards and

guidelines serving as a reference point for those who wish to

understand how they might go beyond national requirements

and learn from best practice elsewhere.

Current procedures in Tanzania determine what the investor is

required to do to obtain and maintain the necessary permits

and licences for operation. The EIA process, which includes an

Environmental Management Plan and Mine Closure Plan, is

clearly laid out in the Guidance document, and is currently the

focal point for environmental assessment and planning. The

processes of monitoring and auditing are also detailed, as the

awarding of an EIA is not permanent and can be withdrawn or

suspended. The ongoing nature of such processes increases the

benefit to investors of planning ahead when it comes to

environmental considerations, and incorporating them at the

earliest stage possible. Biodiversity Action Plans, off-setting and

mine legacy projects are also highlighted as providing

opportunities for mining companies to explore ways in which

they might make a positive contribution to the environment

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OverviewTanzania is one of the world’s poorest countries. Seventy five to

eighty per cent of its population of about 40 million people are

dependent upon subsistence agriculture, and it remains heavily

dependent on international aid - which totalled US$2.5 bn in

the financial year 2010/2011. In 2009 Tanzania was the top

recipient of aid in Africa and third in the world. Any investment

in the country must take account of these development needs.

Although poor, paradoxically Tanzania is also richly endowed

with impressive natural resources, both renewable and finite.

The past decade has seen a surge in interest in exploiting these

resources, particularly mineral wealth. The purpose of this

Introductory Guidance is to help investors, government and civil

society ensure that developments in mineral exploitation are

realised in a sustainable manner.

Tanzania has a myriad of significant areas and ecosystems which

support rich biodiversity, as well as a tourism sector attracting

approximately 650,000 people a year. Some of Tanzania’s

natural features are iconic – Serengeti National Park, Ngorongoro

Crater, Selous Game Reserve, Mount Kilimanjaro, whilst other

areas, for example the Eastern Arc Mountains, are internationally

less well known but nonetheless recognised by biologists as

significant centres of endemism, home to species found

nowhere else on Earth- though these sites are rarely visited.

Tanzania is the only country in the world to allocate more than

25% of its total area to national parks and other protected area

status, with 14 National Parks, 17 Game Reserves, 50 Game

Controlled Areas, 1 Conservation Area, 2 Marine Parks and 2

Marine Reserves. It includes the second largest protected area in

the world, in the Selous Game Reserve, a World Heritage Site.

For the past decade, the resurgence in global demand for

natural resources, including minerals, has been escalating,

driven by Europe, America and Asia (and in particular by China).

The search for minerals is now expanding into ever more

remote, and often extremely fragile, regions. With so much land

protected for conservation purposes, and demands for mineral

resource exploitation expanding, the scene is set for a

concomitant increase in potential land use and community

conflicts that need to be avoided or managed.

Characteristically, interested and affected parties only hear

about investment decisions once they reach the media.

Notwithstanding the need for commercial confidentiality, this

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Chapter One: Introduction

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Traditionally, preliminary assessments undertaken by investors

take into account factors such as governance, infrastructure,

and the macro-economic climate. Environmental factors are

rarely sufficiently considered at this stage. If they are, it is only in

terms of suitability for project engineering and design, not

environmental sensitivity requiring appropriate safeguards.

Nevertheless, investors are increasingly aware that disputes

surrounding environmental issues will result in costly conflicts,

delays and even permit refusals. It therefore makes business

sense to incorporate environmental considerations into the

earliest stage of decision-making. This is not only to reduce

costs and liabilities, and to anticipate potential negative

impacts, but also to help identify opportunities “to do good”

and contribute to Tanzania’s sustainable development, and thus

the attainment of the Millennium Development Goals (MDGs).

In Tanzania leading companies have long since recognised the

opportunity to move beyond minimising the negative impacts of

their operations, and seek out ways to enhance their positive

contribution to development and poverty reduction.

Government, on the other hand, generally focuses on the

potential contribution of investors to generate financial returns

through taxes and royalties. In assessing investment proposals,

governments need also to consider the possible social,

economic, political and environmental opportunities and risks

posed by potential investments. When inviting investors to

consider investing in their country, governments rarely consider

environmental factors beyond project specific Environmental

Impact Assessment (EIA) requirements that are triggered at later

stages – after key strategic decisions have already been made.

There are rarely pre-decision ”scoping” hearings, where key

issues up for negotiation can be openly discussed and investors

and investments comprehensively and publicly vetted, within

the bounds of commercial sensitivities. In fact, a situation of

asymmetrical bargaining or negotiating often exists, and

overloads the capacity of government to strike the best deal (i.e.

the most sustainable in environmental and business terms). In

such circumstances environmental considerations will never be a

serious factor.

The advantages to government of ensuring environmental

issues are included at the investment stage are considerable, as

it can help identify the most responsible investors and

investments likely to achieve the best developmental outcomes.

It creates an opportunity for creating competition amongst

bidders to demonstrate their environmental credentials and

commitments- thereby truly integrating environmental factors

into decision-making. Neglecting environmental factors until

after key strategic decisions have been made, is a recipe for

reactive and adversarial responses by those championing

environmental responsibility and thus protracted conflicts,

avoidable costs and delays and exposure to reputational risks.

Too often, resource exploitation”boom times” have been short-

lived, generating quick growth but leaving legacies of

environmental degradation. By introducing environmental issues

into investment decision-making, the prospects for more

sustainable long-term investments improve.

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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Guidance stresses the need to open up strategic decision-

making about mining investments to greater scrutiny, and thus

contribute to improving governance. The lack of transparency

and dialogue at the strategic decision-making point, mixed with

the delayed consideration of environmental implications in

mining investment planning, often results in reactive and

adversarial relations between companies and third parties.

Beyond protected areas, Tanzania is a country where those

trapped in poverty depend more directly on natural resources

than other groups in society. They are the first to suffer when

resources such as water, land, forests, wildlife, and atmosphere

are damaged or become less accessible. Tanzania has one of the

highest poverty rates in the world, with an estimated 33.6% of

the mainland population living below the poverty line in 2007 .

Although this figure represents a percentage decrease from

36% in 2002, as a result of strong population growth it

translates to an overall rise in the absolute number of people in

poverty. For these people, the environment and the continued

availability of its natural resources are not luxuries but

necessities for survival.

It is therefore vital that environmental considerations are

integrated into mining investments from the outset, to prevent

today’s economic development opportunities from becoming

tomorrow’s environmental and social problems. This makes

sense for investors as much as it does for environmental

professionals, governments and communities.

Tanzania’s mineral wealth and natural gas deposits present

strong prospects for fuelling economic growth. The major

mineral resources are gold, diamonds, base metals (nickel,

cobalt, copper) and gemstones (ruby, sapphire and tanzanite-

the latter being only sourced in Tanzania). Industrial minerals

include soda ash, kaolin and phosphate, iron ore and coal. The

potential for uranium mining is also in the process of being

developed. In total over half of Tanzania’s exports come from

the mining sector.

“So far there has been far less resource prospecting in

Africa than richer regions, Africa’s resources are grossly

underestimated... technological progress and stronger

global demand may mean a four-fold increase in Africa’s

known natural resource base”

Former World Bank Head of Research, Paul Collier

EITI Global Conference, Paris 2011

The growing demand for, and rising prices of, some natural

resources presents Tanzania with a window of opportunity, but

poor governance and limited capacity to manage trade and

investment processes and implement environmental policy

remains a significant handicap.

This Guidance is aimed at ensuring greater compatibility

between the goals of mineral exploitation and those of

environmental conservation in Tanzania. Nowhere is this more

pertinent than at the strategic decision point of whether to

invest in mineral exploitation or not, and, if so, how to identify

the investors and projects that will contribute to sustainable

development in Tanzania and reject those that do not.

The ChallengeWhen weighing up potential investment opportunities investors

assess whether a country has a conducive investment climate,

which minimises risks and lessens the bureaucratic burdens of

building a successful business venture. As in most situations,

environmental factors represent both a risk and an opportunity

for investors in Tanzania, and are therefore considerations that

should be incorporated at the earliest stages of investor due

diligence procedures. At the outset, it must be stated that this is

not to create an added burden on decision-making efficiency;

on the contrary, it is to help streamline later requirements.

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101 2007 Household Budget Survey, Tanzania

Natural Resource Charter

This Guidance is intended to be a contribution towards

the improvement of governance of natural resources

and makes reference to the Natural Resource Charter

(NRC) as a guiding framework.

Countries with non-renewable natural resource wealth face

unique opportunities and challenges. Used well, these

resources can create greater prosperity for current and future

generations; used poorly, they can cause economic instability,

social conflict and lasting environmental damage.

The NRC contains Twelve precepts. Ten of these offer

guidance on core decisions that governments face, beginning

with the decision to extract the resources and ending with

decisions about using the revenues generated. The remaining

two precepts are addressed to other important actors and

their responsibilities. To make the Charter easy to use, there

are three different levels of detail. Level One sets out the

precepts. Level Two contains an elaboration of what they

mean. If readers wish to pursue the discussion of issues in

greater depth and technical detail, they are referred to Level

Three.

The purpose of the Natural Resource Charter is to assist the

governments and societies of countries rich in non-renewable

resources in managing those resources in a way that

generates economic growth, promotes the welfare of the

population, and is environmentally sustainable.

The Guidance supports the African Union’s Mining

Vision for Africa 2050 and Tanzania’s own Development

Vision for 2025.

Africa Mining Vision 2050

“A sustainable and well-governed mining sector that

effectively garners and deploys resource rents and that is safe,

healthy, gender and ethnically inclusive, environmentally

friendly, socially responsible and appreciated by surrounding

communities”

African Union, 2009

The Tanzania Development Vision 2025

“A strong and vibrant, well-organised private sector-led large

and small-scale mining industry conducted in a safe and

environmentally responsible manner, contributing in excess of

10% of the GDP.”

Government of the United Republic of Tanzania, 1997

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generic guidelines are listed below as reference points for

application to Tanzania.

Many international guidelines and good practice references

exist, that advise on environmental matters that need to be

given due consideration in the mining sector, and on how

environmental best practice might be achieved. These generally,

however, provide voluntary guidance, or serve as conditionality

once a decision to invest has already been made.

While adherence to these standards might be conditional on

getting a loan to action an investment, this is not equivalent to

ensuring that environment is mainstreamed into the more

upstream strategic decision on whether or not to invest in the

first place.

International Financial Institutions have environmental and

social performance standards that they expect clients to adopt

as conditions for securing and maintaining loans and

investments. The main reference point for these is the

International Finance Corporation’s (IFC’s) Environmental and

Social Performance Standards. In 2006, the IFC adopted the

Sustainability Framework, which articulates IFC's strategic

commitment to sustainable development, and is an integral part

of their approach to risk management and the credit review

process. IFC’s Performance Standards, part of their Sustainability

Framework, have become globally recognised as a benchmark

for environmental and social risk management in the private

sector. Effective from January 1, 2012, recent updates reflect

the evolution in good practice for sustainability and risk

mitigation.

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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The mining sector in Tanzania, as elsewhere, has been subject to

the criticism that the majority of the population have not

benefited sufficiently from the sector’s operations, and that on

the contrary, negative environmental impacts can often leave

local communities with significant problems. This Guidance has

been developed as a contribution to improving governance of

mineral wealth in Tanzania, and therefore as a contribution to

improving Tanzania’s investment climate.

The Goal and Objectives

“Bad actors...that are involved in corruption or make a

mess environmentally, socially or from a safety

perspective, not only drag their own reputation down,

they taint the entire industry. So as an industry we need

to do more in terms of outing bad actors.”

Tom Albanese, CEO, Rio Tinto, quoted in interview in “Critical

Resource” September 2011 (www.c-resource.com). Critical

Resource Strategy and Analysis

This Guidance document is aimed at assisting two main interest

groups:

• Investors contemplating mining investments in Tanzania but

wanting to understand environmental risks and

opportunities, as well as those already operating in the

country but wanting to embark on new investments.

• Tanzanian Government officials responsible for assessing the

merits of potential investments and their proponents in

terms of sustainability criteria.

The document is also intended to be useful for civil society

groups in providing them with factual information, as well as

promoting transparency and thereby accountability in the

sector.

The document was conceived as a response to two

observations:

• First, the frustrations expressed by a steady and increasing

stream of risk assessors visiting Tanzania when carrying out

assessments of the business climate for extractive

investments. These assessors increasingly require insights

into the environmental rules and regulations, and risks and

opportunities that confront investors in Tanzania. The

environmental information currently made available to such

investors in investment guidance is very general, partial and

cursory at best.

• Second, the apparent lack of assessment of the

environmental credentials of both prospective investors and

their investment proposals. Details of both of these are

needed to ensure that mining investments employ the

highest level of international performance standards that

the sensitivities of a country like Tanzania require from the

outset. The heavy reliance upon Environmental Impact

Assessment (EIA) procedures later in the decision-making

stage, once key strategic decisions have already been made,

results in suboptimal outcomes in environmental terms. This

Guidance serves this need- albeit identifying entry points for

further research, rather than in-depth data.

Mining can be compatible with sustainable development and

poverty reduction, so long as appropriate measures are put in

place by both government and companies to ensure that the

benefits of mining are equitably distributed, rights are

protected, and appropriate environmental (and social)

performance standards are employed.

The goal of this Guidance is, therefore, to facilitate the

integration of environmental considerations into mining

investments in Tanzania from the outset so that they contribute

to sustainable development. Sustainability in mining will be

achieved through the conversion of non-renewable natural

capital (mineral wealth) into more sustainable opportunities and

livelihoods.

Sources of General GuidanceCurrent barriers to the incorporation of environmental

considerations into mining investment decisions include the

difficulty of locating and accessing relevant and up-to-date

country specific information. As a result, investor due diligence

and risk assessments can lack adequate information to seize

environmental opportunities and effectively manage risk. This is

often compounded by the lack of coordination between

stakeholders across government and industry, presenting a

further challenge to any “environmentally-minded” investor.

This Guidance is focused on the biggest gap in information –

namely, information specific to Tanzania. However, examples of

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Guidance Objectives

• To promote and facilitate understanding and consideration of key environmental issues and sensitivities in

Tanzania, and thereby encourage sustainable investments and better informed decision-making.

• To provide a basis for collaboration with the Government of Tanzania to develop a framework for investor

screening, that can help communicate Tanzania’s commitment to environmental protection to investors, and

screen out those who fail to show adequate commitment to sustainable development.

• To combat current deficiencies in dialogue and coordination between key stakeholders and interested parties, and

to provide a platform for further work.

• To promote ‘beyond compliance’ measures in the inclusion of environmental considerations into decision-making

within the mining sector.

• To motivate actors to incorporate environmental considerations into mining proposals where they are not already

doing so.

• To maximise the contribution of the mining sector to sustainable development through environmental, and not

purely financial, means.

• To build on and contextualise guidelines produced at the international level and contribute to the uptake of

international developments, such as the Natural Resource Charter’s (NRC) Precepts in Tanzania.

• To encourage greater transparency over decision-making.

• To add to a wider debate on the integration of environmental considerations into investment decisions that

extends to other countries and sectors.

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intervals to ensure it captures developments in government

policy, environmental understanding and the mining sector. It

will exist in “live” format on the website of the Tanzania

Chamber of Minerals and Energy (TCME), to facilitate the

inclusion of necessary updates.

When reading the Guidance, it is important to remember that

the knock-on effects and indirect impacts of proposed mining

investments must also be evaluated. For instance, in many

cases, the impacts of infrastructural developments can be very

significant. Similarly, exploration activities prior to investment

decisions need to be evaluated, as roads may open up

previously inaccessible areas with implications such as increasing

levels of poaching and illegal timber harvesting.

Finally, in order to systematically and comprehensively assess the

environmental credentials of investors and investments an

investment screening system will be required. The intention of

which would be to help gauge the environmental commitment,

and responsibility of investors and the sensitivity of their

proposals to environmental risks and opportunities. The

development of this system is underway as a separate activity. A

dialogue is in progress between government and environmental

professionals to develop such a system and ensure governments

ownership of it. For current purposes this Guidance outlines

why this is necessary but is not prescriptive on how this could

be developed. This is a work in progress.

The Intended AudienceInward investors: The inclusion of environmental factors at

the earliest stages of project planning makes good business

sense. It enables a company to be proactive in its environmental

strategy, and to avoid conflicts, protracted delays, legal battles

and judgement errors caused by inadequate preparation, which

are not only costly but some of which may also result in the

rejection of an investment proposal, or a withdrawal of permits.

This could have further negative impacts through damaging the

company reputation and potentially its stock market value.

Investors require clear and accessible information and guidance

to aid their understanding of the country-specific context. By

highlighting the relevant considerations, regulations and

opportunities for best practice these guidelines will enable

investors to make better informed decisions which take into

account the long-term implications of their operations and

factors such as cost, efficiency and sustainability. In addition,

prospective investors will save time collating and amalgamating

information. By referring to the information provided here

investors stand to benefit not only from improved relationships

with the Government of Tanzania and other national

stakeholders, but may achieve a competitive advantage as

leaders in environmental performance.

Government decision-makers: Government needs to

understand and respond to the environmental concerns of its

citizens and investors in order to make informed decisions about

the environmental opportunities and costs of potential

investments. Environmental quality and mineral wealth are both

public goods, and government is the custodian of this shared

wealth. They have to make the difficult calculation of whether

the potential economic and social developmental benefits of

exploiting a mineral resource will outweigh the short-term costs.

Any specific government department also needs to understand

how its sector-specific policies will enhance or detract from

other sectors implementing their own policies. Ultimately,

government must have the foresight to ascertain and impose

conditions on investors that will manage the negative impacts

of investments so that they will be avoided, minimised or

ameliorated and the positive impacts of investments maximised.

By adopting a clear and proactive stance with regard to

environmental concerns from the outset, government would

communicate its commitment to sustainable development,

enhancing its reputation amongst national and international

stakeholders, whilst at the same time signalling to investors the

need to treat such concerns sincerely.

Civil society: Clear country-specific guidance will help address

the opaque manner in which investment decisions are currently

made within the mining sector. In so doing it will better enable

civil society to hold government and investors to account for the

environmental consequences of their decisions and the

exploitation of that public good. In particular, it should have

relevance to those organisations representing the interests of

local communities that live in close proximity to proposed

mining and/or exploration sites. It is also hoped that in ensuring

this document is in the public domain, it will open up

opportunities to share knowledge and ideas concerning the

incorporation of environmental considerations into mining. It

should, therefore, reduce resistance to environmentally sound

mining projects, which in the absence of adequate information

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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Private sector banks have developed the Equator Principles (EPs)

based on the IFC’s Performance Standards. They are a credit risk

management framework for determining, assessing and managing

environmental and social risk in project finance transactions.

Project finance is often used to fund the development and

construction of major infrastructure and industrial projects. The

EPs are adopted voluntarily by financial institutions and applied

where total project capital costs exceed US$10mn. The EPs are

primarily intended to provide a minimum standard for due

diligence to support responsible risk decision-making.

Although related more to project planning than strategic

decision-making, the International Council of Mining and

Metals (ICMM) produces issue-specific guidance on numerous

challenges and good practice for the sector. These have

included reports and guidance on biodiversity, human rights,

chemical use, indigenous people engagement and community

relations. ICMM was established in 2001 to improve sustainable

development performance in the mining and metals industry.

Today, it brings together 21 mining and metals companies as

well as 31 national and regional mining associations and global

commodity associations.

While many national guidelines exist for project planning and

management, the generally accepted benchmark is a series of

handbooks produced by the Department of Resources, Energy

and Tourism in Australia, entitled ”Leading Practice in

Sustainable Development for the Mining Industry”. These

handbooks address key issues affecting sustainable

development in the mining industry on topics, including

Biodiversity Management, Community Engagement, Mine

Closure and Completion and Risk Assessment and

Management.

This short list serves as a reference point for both investors and

government. It is not the intention of this Guidance to replicate

these initiatives, but simply to guide investors who may not be

familiar with them.

This Guidance builds on an unpublished generic guide produced

by Canadian consultants Wesley Cragg and Jim Cooney for the

Intergovernmental Forum on Mining, Minerals, Metals and

Sustainable Development (IGFMMMSD) (Company Risk

Assessment Template, 2007). Tanzania is a member of the

IGFMMMSD (Intergovernmental Forum on Mining, Minerals,

Metals and Sustainable Development).

The ScopeIt is important to clarify the scope of this document in order to

understand its strengths and what other work may be done in

support of it.

Although this document is focused on natural or biological

”environmental” factors, these are perceived as being,

especially in developing countries where poverty and

environment are inextricably interlinked, inseparable from social

and economic factors. There is a strong interdependence

between all facets of the environment- bio-physical, socio-

economic, political and cultural. The emphasis in this Guidance

falls on the bio-physical aspects of environment, but when

methods such as EIA are referred to, this assumes the inclusion

of social factors, which some erroneously see as a separate

assessment and management activity.

The Guidance starts from the basis that every investor must be

in compliance with Tanzanian legislation and seeks to illuminate

the processes and measures necessary to fulfil these

requirements. This is non-negotiable. It also provides

information and insight to help investors and government go

further in the promotion of best practice and ‘beyond

compliance’ measures. In particular, it makes reference to

international standards, guidelines, and best practice, but

focuses on the needs of Tanzania. It provides information, or

links to information that will aid better informed decision-

making.

This Guidance seeks to not only mainstream environmental

considerations, but also, importantly, to upstream them. It is

aimed primarily at incoming investors, who may be unfamiliar

with Tanzanian legislation, regulation and the environmental

context. However, it should also prove instructive for those

considering project expansions, and for contractors and sub-

contractors alike.

The Guidance is not targeted at Artisanal and Small-Scale

Miners (ASMs), important as this sector is in Tanzania. This is

because for now, artisanal mining is not a major sector of

investment interest- although there are signs of change in this

regard. The Sustainable Management of Mineral Resources, led

by the World Bank, includes a heavy focus on this area and

companies such as AngloGold Ashanti and have tailored

strategies in place targeted at assisting the ASM community.

It is imperative that this document will be updated at regular

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may be ill informed and even hostile.

“In our work to date, we have found that collaborative

approaches involving companies, communities,

governments, inter-governmental organisations, and

NGOs are the key to attaining socio-economic benefits for

developing economies. In Tanzania in particular, this was

found to be a crucial need.”

Professor Tony Hodge

President of the International Council on Mining and Metals

(ICMM)

Comment on the report “The Challenge of Mineral Wealth-

Using Resource Endowments to Foster Sustainable

Development”

SummaryThe goal of this Guidance is to promote the integration of

environmental considerations into investment decisions in

Tanzania’s mining sector. As a sector, mining has a significant

impact on a number of environmental issues. It is, therefore,

particularly important that the consequences of mining activity

are analysed through a well-informed lens that is framed by

international guidance on best practice, and at the same time

properly understands the specifics of the Tanzanian context. By

considering the impact of proposed activities at the very

beginning of the investment process, the investor can best

avoid, minimise and ameliorate negative results. Simultaneously,

the investor will be better able to identify opportunities that

exist to go beyond legal compliance, and thereby make a

measurable contribution to the socio-economic development of

the country.

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“Tanzania is richly endowed with natural resources such

as minerals, gas, forestry, fishing etc. So far exploitation

of minerals, particularly gold and gemstones as well as

natural gas, is the most significant of them all. At an

average growth rate of 12.4 per cent for the past decade,

mining is one of the fastest growing sectors of the

Tanzanian economy. Unfortunately, mining accounts for a

meagre 2.3 per cent of the GDP but contributes a

significant one-third of foreign exchange earnings for the

country.”

President of the United Republic of Tanzania,

H.E. Dr Jakaya Kikwete, 2011

Overview

Tanzania has a vast array of mineral resources, which the

Tanzania Ministry of Energy and Minerals (MEM) categorise into

five main groups:

1 Metallic: gold, iron ore, nickel, copper, cobalt, and silver.

2 Gemstone: diamond, tanzanite, ruby, garnets.

3 Industrial minerals: limestone, soda ash, gypsum, salt and

phosphate.

4 Energy-generating: coal and uranium.

5 Construction: gravel, sand and dimension stones.

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Chapter 2: The Minerals Industry

ICMM Resource Endowment Initiative

Undertaken in three stages the ICMM Resource Endowment

Initiative sought to identify and analyse the ways in which

countries may better leverage their natural resources to derive

wide-ranging socio-economic benefits, and protect against

the trappings of the ‘resource curse’. In Tanzania the ICMM

contracted researchers to analyse the positive and negative

impacts of the extractives industry, using North Mara mine as

a case study.

The 2007 report recorded that Tanzania was not suffering

from the ‘resource curse’ and that in fact the mining sector

was driving growth, although its impacts were largely

localised. In this respect the report noted several areas in

which steps could be taken to improve the performance of

the sector and its contribution to Tanzania’s wider socio-

economic development. In particular, the report pointed to

the need for better government communication, and links

between local mining operations and the national economy.

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Brief History

Mining activities date back to the pre-colonial period, when

ASMs and Arab traders engaged in the mining and trading of

gold, iron, copper and salt. It was during German colonial

occupation, however, that the first relatively large-scale mining

operation was undertaken, in 1894, near Lake Victoria for gold,

following which private companies were encouraged to explore

and extract Tanzania’s natural resources. Throughout the 1920s

and 1930s, under British rule, there was an influx of British and

South African operations in the Lake Victoria, Mara, and

Musoma areas. It was also during this period that diamonds

were first discovered at Mwadui. However, mineral production

fell into decline during the Second World War, with gold

prospecting banned until 1945.

Tanzania gained independence in 1961 with Julius Nyerere as

the first president. President Nyerere had a strong socialist

agenda of state control and Ujamaa7, meaning extended family

or brotherhood in Swahili, and put an end to foreign ownership

in several economic sectors. As a result, the development of the

mining sector during this period was largely driven by public

bodies and the activities of artisanal miners (ASM). In 1969 the

Mining Ordinance Bill (MOB) allocated areas of land specifically

for ASM operations, which finally received official recognition

from the state in 1980. State control of the mining sector

during this period was established through several steps. The

1969 MOB gave ministers the power to issue, renew, or refuse

mining licences, mineral resources were state-owned through

the National Development Corporation (NDC), created in 1965,

and the extraction, distribution and sale of these minerals was

conducted under the public corporation STAMICO (the

Tanzanian state mining corporation), created in 1972. The

Mining Act of 1979 put all mineral resources into the hands of

the state under these two bodies.

Following President Nyerere’s retirement in 1985, Ali Hassan

Mwinyi became President, and embarked on a programme of

economic liberalisation, which included the reduction of import

tariffs and the promotion of private enterprise. In 1986,

Tanzania adopted a Structural Adjustment Policy at the behest

of International Finance Institutions (IFIs) such as the World

Bank and the International Monetary Fund (IMF). Following this,

in 1990 the Investment Promotion Policy was enacted, leading

to the creation of the Investment Promotion Centre (later the

Tanzania Investment Centre or TIC), and the Government

adopted a commitment to buy all minerals produced by ASMs,

further fuelling the development of the sector and the activity

of artisanal miners. Another key development in this era was

the ‘World Bank 1992 Africa Strategy for Mining’ Technical

Paper, which advocated significant measures to privatise and

liberalise mining in order to promote growth. The mineral policy

and legislation which followed in 1997 and 1998 respectively

represented a concerted effort on the government’s part to do

just that.

The Mineral Policy of 1997

The Mineral Policy of 1997 was the result of a five-year

development project by the World Bank and the Tanzanian

government, which addressed the legal and fiscal environment

under which mining companies operated. Key aspects of this

policy included:

• Government role defined as regulator and promoter of the

industry and its development.

• Government commitment expressed to foster the use of

Best Practice in environmental management.

• Mineral rights allocated on first come, first served basis.

• Security of tenure guaranteed, providing a feasibility study is

prepared and environmental regulations are met therein.

• Termination of mining licenses limited to cases of default.

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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Tanzania is the fourth biggest gold producer in Africa, after

South Africa, Ghana and Mali, and has a vast reserve of mineral

resources, as well as a number of gas reserves that have recently

been discovered and for which exploration is still underway.

However, the most significant development of the mining sector

in Tanzania has occurred in the last 20 years. Since the early

1990s, changes in Government policy and approach to the

mining sector, and increasing international investment, have led

to its rapid growth and the influx of international mining giants.

This, coupled with the stable political climate and improved

business environment, has made Tanzania an increasingly

attractive destination for foreign direct investment (FDI).

There are now a large number of mining operations across

Tanzania, with gold production standing at roughly 45 tonnes a

year, copper at 2,980 tonnes, silver at 10 tonnes, and diamond

at 112,670 carats.2 Production of gold and diamonds has

increased significantly since the late 1990s, with the former

accounting for 44% of the value of exports in 2007. In total,

the mining sector contributes 2.7% to Tanzania’s GDP each

year, but this could rise considerably in future years, with

Business Monitor International (BMI) forecasting average annual

growth in the sector of 7.7% between 2011 and 2015. BMI

also predict a doubling in value of the sector between 2010 and

2015, from US$0.64bn to US$1.28bn. In 2010, total gold

output rose 9% from the previous year to 44.6 metric tonnes3

with the value of gold exports at US$1.8bn. Exploration has also

revealed significant natural gas deposits in Tanzania in addition

to promising prospects for oil discovery.

The gold mining industry in Tanzania has benefited in particular

from reforms to mining laws introduced since 1997. The most

significant contribution that gold mining provides to Tanzania’s

economy is its effect on foreign direct investment (FDI). In the

early 1990s, prior to large-scale gold mining, Tanzania would

have appeared near the bottom of rankings of African countries

as a destination for FDI. Today, however, the country is in the

upper-middle rankings, with over US$2bn (nearly two thirds) of

the surge in FDI after 1998 shown to have come from five gold

mines alone.

Benefits of the Mining Sector

”By providing direct employment and initiating the

multiplier effects to create significant indirect

employment, the presence of large-scale mines has

almost certainly helped to reduce poverty in the areas in

which they operate in Tanzania.”

Resource Endowment Initiative: Tanzania Case Study,

ICMM, July 2007

Tanzania derives considerable benefits from the mining sector.

In addition to the contribution the sector makes to GDP, for

example, members of the Tanzania Chamber of Minerals and

Energy (TCME)4 pay taxes and royalties totalling over

US$150mn5 every year. TCME members employ locally where

possible, and the presence of mines and local procurement of

goods and services has a positive knock-on effect in the

economy. Infrastructure created for the mining operations also

derive benefits for the local community: for example, at North

Mara and Bulyanhulu, power distribution has been extended to

local villages. Additionally, several companies have undertaken

extensive Corporate Social Responsibility (CSR) programmes

focusing on provision of health and education services, skills

and capacity-building training, along with environmental

initiatives. For example, Resolute have undertaken a

collaboration with the University of Dar es Salaam to conduct a

fauna survey which identified sixty-two additional species to

those already registered at the Golden Pride mine. A more

detailed critical analysis of the benefits that Tanzania derives

from mining can be found in the ICMM Resource Endowment

Initiative Case Study Report.6

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207 Ujamaa refers to the concept that formed the basis of President Nyerere’s plan for social and economic development in Tanzania. The concept was multi-fold butincluded a plan for villagisation and the nationalisation of key economic institutions.

2 BMI Q3 2011, 2010 estimates3 Central Bank of Tanzania, February 2010

4 Established in 1994, the TCME represents the interests of its members in the Tanzanian mineral sector. It has close to 60 members in total.5 TCME website

6 Resource Endowment Initiative: Tanzania Case Study, ICMM, July 2007

Case Study: Bulyanhulu Gold Mine Jatropha Farm

At Bulyanhulu, African Barrick Gold (ABG) has undertaken a

pioneering agriculture project to establish a Jatropha farm.

Jatropha, although not without its critics, is a highly resilient

source of biofuel, which only requires low grade soil for

growth and prevents soil erosion once planted. The farm

currently covers an area of 121 hectares, up from 11 hectares

in 2007 when the project commenced.

The project was conceived of to derive multiple benefits for

both the community and ABG. For the latter the conversion

of non-productive land within the mining lease into

productive land was intended to prevent encroachment,

whilst the bio-diesel produced could contribute to ABG efforts

to mitigate greenhouse gas emissions from other sources of

fuel. The local community benefit comes in the form of

training, employment and the development of by-product

home industries such as soap and candle making.

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• Permits the Minister to negotiate a stake in the project on

behalf of the United Republic of Tanzania, and requires the

government to own a stake in all future mining projects.

• Requires mining companies to list on the Dar es Salaam

Stock Exchange.

• Includes a mandatory requirement for the government to

set aside specific areas for small-scale miners to avert

conflicts between artisanal miners and big mining

companies.

• Introduces Smelting, Processing and Refining Licenses for

different minerals (Section 60).

• Licence holders are obliged to prepare and update Mine

Closure Plans (MCPs) to ensure safety and proper

rehabilitation after operations cease.

• Requirement for the Minister for Minerals to direct the

mining companies to post Environmental Rehabilitation

Bonds (Section 47).

• Environmental Protection Plan (EPP) for small-scale miners

provided in Regulations 3, 4 and 5 made under this Act, on

Environmental Protection for Small-Scale Mining of 2010.

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The Mining Act of 1998

The Mining Act of 1998, and its regulations of 1999, was a

comprehensive piece of legislation that provided for a number

of benefits for private mining companies, including monetary

incentives and guarantees of fiscal stability. The main aspects

were:

• Removal of requirement of 1979 Act for mineral rights

holders to present a plan for local procurement of goods

and services.

• Subsidies provided to foreign investors, including five-year

tax holidays, 100% transferability of profits, 100% foreign

ownership, and exemptions from a wide range of taxes and

EIAs.

• Ministers to be able to construct Mining Development

Agreements (MDAs) with private foreign companies. MDAs

provide specific guarantees to mining companies such as a

fixed tax rate, monetary allowances, profit repatriation, and

the right to hire foreign staff, amongst others.

• Small-scale miners permitted to transfer or mortgage their

rights.

• Provided guarantees of fiscal stability.

• Mineral rights for small-scale mining and licences for

gemstone mining limited to Tanzanian nationals or

companies in which Tanzanian nationals hold a majority of

the shares.

• Responsible Minister given power to declare an area

”designated for small-scale operations”.

• Companies given the freedom to procure foreign goods

even when they were available locally.

• Provided exemption from import duty and VAT on

equipment and essential materials for the first year after the

start of production.

• Set depreciation allowances of 100%.

• Allowed for repatriation of capital and profit directly related

to mining.

• Permitted 100% foreign ownership of non-gemstone

mining companies.

• Removed most of the discretionary powers by licensing

authority contained in the 1979 Act.

Current Situation and Future Prospects

The mining industry is now the most heavily regulated industry

in Tanzania. The 2009 Mineral Policy and 2010 Mining Act are

the most significant instruments in the sector which shape its

operation and governance today.

The Mineral Policy of 2009

The Mineral Policy of 2009 was formulated as a result of an

evaluation conducted during the ten years of implementation of

the Mineral Policy of 1997. This policy aims at strengthening

integration of the mineral sector with other sectors of the

economy; improving the economic environment for investment;

maximising benefits from mining and improving the legal

environment; strengthening capacity for administration of the

mineral sector; developing small-scale miners; promoting and

facilitating value addition to minerals; and strengthening

environmental management.

Under this policy, the government remains the facilitator and

regulator of the sector, participates strategically in mining projects,

and promotes private sector investment in the mineral industry.

The Mining Act of 2010

The most recent piece of legislation for the mining sector is the

2010 Mining Act. This Act strengthens the position of the State

relative to private mining companies, with increased royalty

rates, opportunities for government involvement and

requirements for Tanzanian citizen involvement in certain types

of mining projects. However, the Act does not apply to those

companies that already have contracts and agreements with the

government. The key aspects of this legislation are as follows:

• Increases the royalty paid on minerals: on precious and base

metals from 3% to 4%; on diamonds from 5% to 6%.

Uranium to stand at 5%; all other minerals remain at 3%.

• Royalties to be levied on gross, and no longer net, value of

mineral resources.

• Mineral rights and licenses for small-scale operations only to

be available to Tanzanian citizens or companies under the

exclusive control of Tanzanian citizens.

• Licences for mining gemstones only to be available to

Tanzanian citizens, except in the case that MEM determines

outside skills and/or resources are a necessary requirement.

Even in the latter case foreign involvement cannot exceed

50%.

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Artisanal Mining

Within Tanzania’s mining industry the ASM community has

played a significant role in the sector’s development, with

approximately 550,000 Tanzanians participating in this aspect of

the sector in the mid-1990s8. The relationship and interaction

between ASMs and larger mining companies has presented

challenges in several instances, due to disputes over mineral

rights, perceived preferential government treatment of large-

scale miners, and the difficultly of delineating responsibility and

blame for negative impacts in areas where their operations exist

in close proximity.

ASM and the potential for conflict is thus a significant

consideration for inward investors where they occur on or near

to the same resource to be exploited. Given that eviction is not

an acceptable solution, consideration of compensation for lost

access or some form of cohabitation needs to be considered

from the start. Large-scale mining companies also have the

potential to mentor ASM communities to help introduce some

basic health, safety and environmental management

programmes, which are frequently absent from ASM

operations.

In an attempt to address these concerns and to increase the

capacity of artisanal miners, the government has started a

training programme on commercial mining and

entrepreneurship for local and small-scale miners, and set up a

Small-Scale Miners Development Fund to enable ASMs to access

soft loans.

In order to combat these tensions, some of the larger mining

companies operating in Tanzania have implemented

programmes specifically designed to foster more cooperative

and mutually beneficial relations between ASMs and their own

operations, including the provision for training and capacity

building sessions. However, a best practice template for framing

the interactions between large-scale miners and ASMs in

Tanzania is yet to be established, and will likely involve the

further consideration and close co-operation of Local

Government, representative ASM organisations and mining

companies. International guidance can be found in the ICMM’s

report “Working Together- how large-scale miners can engage

with small-scale miners”.

Other Developments

The Extractive Industries Transparency Initiative in

Tanzania9

Tanzania has been accepted as an Extractive Industries

Transparency Initiative (EITI) candidate country, and is in the

process of undertaking validation. This will put an onus on all

extractive operators in the country to declare the various

revenues paid to government to allow citizens to evaluate if this

correlates with what government declares it has received. Any

discrepancy represents a loss of resources that could otherwise

have been invested in the sustainable development of Tanzania.

In 2011, the EITI Board found that although ‘meaningful

progress’ had been made during the stipulated candidacy

period, further action is required to meet ‘compliant’ status. The

Government of Tanzania disclosed its mining revenues for the

first time in an EITI report released in February 2011. The report

showed that mining companies reported having paid US$84.4m

in 2008/09. However, government entities reported having

received only US$48.3m. The reconciler of the EITI report, Hart

Group and BDO East Africa, notes that the unresolved

discrepancies of US$36.5m might be explained by a number of

factors and sets out a clear set of recommendations for future

reports.

Mining companies reporting to EITI include Anglo American,

AngloGold Ashanti, Barrick Gold, Xstrata, Iamgold, Resolute

Mining, IMX and BHP Billiton. All TCME members currently

disclose payments made to the Government.

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8 Resource Endowment Initiative: Tanzania Case Study, ICMM, July 20079 EITI sets a global standard for transparency in mining, gas and oil and aims to strengthen governance by improving transparency and accountability in the extractivessector through the verification and publication of company payments and government revenues in the sector. To be made a member of the EITI a candidate must meetthe required standards of disclosure.

Case Study: African Barrick Gold (ABG) North Mara Mine

In Tanzania, ABG have developed an Artisanal Mining

Initiative which reaches out to ASM communities surrounding

the North Mara Mine. In providing assistance and support to

these miners the project seeks to ensure artisanal mining

activities are properly, efficiently and safely conducted and are

in accordance with the relevant regulation. Participating

miners are provided with access to financing supporting their

legal application for land on which to mine, training, efficient

tools, and cleaner technologies.

Source: Barrick website: Artisanal Mining Initiative

Existing Legal Framework

Legislation

1963 The Explosives Act

1964 The Antiquities Act (amended 1979)

1966 The Road Tolls Act

1967 Land Acquisition Act

1969 The Graves (Removal) Act

1972 The Stamp Duty Act and 2000 The Stamp Duty (Validation) Act

1976 The Customs Tariff (Amendment) Act

1990 National Promotion and Protection Act

1992 Finance Bill and Amendment

1997 The Financial Laws (Miscellaneous Amendments) (No.27)

1997 The National Social Security Fund Act

1999 The Land Act

1999 The Village Land Act

2002 The Forest Act

2002 The Atomic Energy Act

2003 The Industrial and Consumer Chemicals (Management and Control) Act (2003)

2003 Occupational Health and Safety Act 2003

2004 The Employment and Labour Relations Act

2004 The Environmental Management Act

2004 The Income Tax Act

2009 The Water Supply and Sanitation Act

2009 The Water Resources Management Act

2009Wildlife Conservation Act

2010 The Mining Act

Policies

1997 The National Environmental Policy

1998 The National Poverty Eradication Strategy

1996 The National Investment Promotion Policy

1997 Agriculture and Livestock Policy

1998 National Forest Policy

2009 The Mineral Policy of Tanzania

Regulation

2001 Land (Compensation Claims) Regulation

2010 The Mining (Mineral Beneficiation) Regulation

The Mining (Environmental Protection for small-scale miners) Regulation

The Mining (Mineral Rights) Regulation

The Mining (Radioactive Minerals) Regulation

The Mining (Safety, Occupational Health and Environmental Protection) Regulation

The mining industry is the most heavily regulated industry in Tanzania:

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Mining Operations and Projects There are numerous mining projects and operations underway in Tanzania, at various stages of the development and operational

process.

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The Masha Commission 2006

For many African countries the rise in price and demand for

mineral resources has raised governments’ bargaining power for

increasing the amount of revenues and royalties a government

can expect in return for granting mining rights. The Masha

Commission was appointed by President Kikwete to review

mining contracts and the taxation system in 2006. The

recommendations of the Commission included the abolishment

of the 15% additional capital allowance for mining companies.

The full list of recommendations from the Masha Commission

can be found in Annex 7 of the Bomani Report below.

The Bomani Report 2008

In addition, the 2008 Bomani report, also commissioned by the

President, reviewed the operations of the mining sector, as well

as current government regulation and oversight. It

recommended raising the royalty rates for minerals, which was

subsequently actioned under the 2010 Mining Act, and

discussed the difficulties involved in mine closure procedures,

with particular reference to social factors such as the rights of

local communities surrounding the mine site.

Sustainable Management of Mineral Resources (SMMRP)

2007

In 2007, the Ministry of Energy and Minerals conceived the

Sustainable Management of Mineral Resources Project

(SMMRP). The project, supported by the World Bank, is aimed

at promoting the principles of good governance to increase the

transparency of the mining sector’s legal and regulatory

framework.

Framed by Tanzania’s Vision 2025 and the MKUKUTA Poverty

Reduction Strategy, the objective is to ensure that mineral sector

development and investment conforms to international best

practice, adjusted to the particular conditions of Tanzania.

The project focuses on spurring local economic development

through development of the mining sector, reducing conflict,

improving management of environmental and social issues,

increasing growth, and enhancing competitiveness in the sector.

The scope of the SMMRP includes attention to the ASM sector,

with the aim of improving their performance and associated

social, economic and environmental impacts, improving

governance, increasing inter-agency linkages, strengthening

promotion of the sector through improved mining information

systems and stimulating mineral sector investment and

coordination.

Key Issues and ‘Hot Topics’

• The expected impact of the United States Dodd-Frank Wall

Street Reform and Consumer Protection Act if objections

submitted by the TCME are overruled (see below for more

details).

• Influx of new investors, particularly from BRICS countries,

interested in a number of resources including uranium and

coal.

• The possibility of further royalty rate rises to increase the

sector contribution to GDP: Tanzania’s mining sector

currently contributes 2.7% to GDP, whereas Botswana’s

diamond mining industry contributes around 30% alone,

and levies a 10% royalty rate on precious stones.

• The extent of government involvement in mining projects,

following the 2010 Mining Act, as some mining companies

have expressed their concerns about the potential for

increasing involvement in their operations following this

legislation.

• The nature of government involvement in mining projects

following agreements between the government and

international mining companies for the Buckreef Gold Mine

and Mchuchuma and Liganga projects.

• The test case of Mantra (a Russian-led investment) to exploit

uranium deposits just inside the World Heritage Site (WHS)

of the Selous Game Reserve. With de-proclamation of a

WHS currently under consideration, alongside the offset

conditions imposed to enable mining to proceed.

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Case Study: A New Model for Government Involvement?

Tanzanian Royalty Exploration Corporation (TRE), a Toronto listed company, has recently signed a joint-venture agreement with

the Tanzanian government to redevelop the Buckreef Gold Mine. The TRE will have a 55% stake in the new mine, with the other

45% owned by STAMICO. The Tanzanian government has held up this agreement as a potential model for future deals.

A different framework for future agreements can be seen in the Mchuchuma and Liganga projects in which the government

currently owns a 20% share to increase to 49% once the Chinese-based Sichuan Hongda Corporation has recouped its investment.

The Mining Act of 2010 includes the requirement for government to have a stake in all future mining projects, although the

nature and extent of such involvement has been a source of speculation.

Gold Mines and Projects in Tanzania

Bulyanhulu Gold Mine

• African Barrick Gold (subsidiary of the Barrick Gold Company)

• Located in the Kahama district, Shinyanga region

• Production start date: 2000

• Estimated life expectancy: 2036

• Proven and probable reserves: 10.32 million ounces (31/12/2009)

• Underground

• Stock Exchanges: Toronto, New York, London, Switzerland, and Euronext Paris (Barrick)

• ICMM Member

• Produces an annual Mine Responsibility Report for Bulyanhulu

Geita Gold Mining Ltd

• AngloGold Ashanti Ltd

• Located in the Geita district, 100km south-west of Mwanza

• Production start date: 2000

• Estimated life expectancy: 2025

• Mine reserves estimated at 20 million ounces

• Open pit with underground potential

• Stock Exchanges: New York, Johannesburg, Accra, London, and Australia

• ICMM Member

• Produces an annual Sustainability Report AngloGold Ashanti Ltd

North Mara Gold Mine

• African Barrick Gold (subsidiary of Barrick Gold Corporation)

• Located in Tarime District, Mara region

• Production start date: 2002

• Estimated life expectancy: 2019

• Proven and probable mine reserves: 3.6 million ounces

• Open pit and underground

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• Stock Exchanges: Toronto, New York, London, Switzerland, and Euronext Paris (Barrick)

• ICMM Member

• Produces an annual Mine Responsibility Report (2010)

Tulwaka Gold Mine

• Joint venture between Pangea Minerals Ltd, 70% ownership, (subsidiary of Barrick Gold) and Minières du Nord, 30%

• Located in Biharamulo district, Kagera region

• Production start date: 2005

• Estimated life expectancy: 2012-2014

• Estimated mine reserves: 1.7 million ounces

• Combined underground and open pit

• Stock Exchanges: Toronto, New York, London, Switzerland, and Euronext Paris (Barrick)

• Barrick is an ICMM Member

• Produces an annual Mine Responsibility Report (2010)

Golden Pride Gold Project

• Resolute Tanzania

• Located at Lusu, Nzega district, Tabora region

• Production start date: 1998

• Estimated life expectancy: late 2012

• Estimated proven and probable reserves: 4.3 million tonnes

• Production for the 2011 financial year: 122,921 ounces

• Open pit

• Stock exchanges: ASX (Australian)

• Resolute Annual Report (2010) includes a corporate responsibility section

• Statutory Mine Closure Plan (SMCP) completed making the Golden Pride Gold Project the first mine to have a SMCP approved

Buzwagi Gold Mine

• Pangea Minerals Limited (subsidiary of Barrick Gold Corporation)

• Located in Kahama district, Shinyanga district

• Production start date: 2009

• Estimate life expectancy: 2022

• Estimated proven and probable reserves: 3.4 million ounces (31/12/2009)

• Open pit

• Stock Exchanges: Toronto, New York, London, Switzerland, and Euronext Paris (Barrick)

• Barrick is an ICMM Member

• Produces an annual Mine Responsibility Report (2010)

Buckreef Gold Mine Re-Development Project

• Tanzanian Royalty Exploration Corporation acquired the mine from STAMICO in December 2010. Tanzania. Tanzania Royalty

has the right to earn 55% interest in Buckreef with STAMICO holding the remainder.

• Located 35 km south west of Geita gold mine

• Production start date: 1960

• Estimated mine reserves: 2 million ounces

• Underground

• Stock exchanges: Amex

Golden Ridge Gold Mine

• Pangea Minerals Ltd (subsidiary of Barrick Gold Corp)

• Located 100km South of Mwanza

• Estimated mine reserves 679,000 ounces

• Production start date: 2013

• Stock Exchanges: Toronto, New York, London, Switzerland, and Euronext Paris (Barrick)

• Barrick is an ICMM Member

Buhemba Gold Project (Abandoned)

• TanGold-Meremeta (joint venture between Trinnex (a South Africa company) and the Government of Tanzania

• Located in Musoma

• Production started in the 1930s

• Estimated mine reserves as of 1997: 747,000 ounces

• Open pit

• Minimal information available

Chunya Gold Project

• Shanta Mining Corporation Limited

• Located in Chunya Administrative District in the Lupa goldfields, Mbeya region

• Total resource prospect: 845,519 ounces

• Mining Licence application submitted

Mgusu Gold Project

• Shanta Mining Corporation Limited

• Located in Ilemela Administrative District, Mwanza region

• Total resource prospect: 741,000 ounces

• Advanced project status but delays due to access issues

Singida Gold Project

• Shanta Mining Corporation Limited

• Located in Singida Administrative District, Singida region

• Total resource prospect: 1,031,926 ounces

• Nine prospecting licenses covering 345km2

Songea Gold Project

• Shanta Mining Corporation Limited

• Located in Mbinga and Songea Administrative Districts, Ruvuma region

• Early project status - exploration underway

Imweru and Igurubi Projects

• Joint venture between Peak Resources Ltd and Zari Exploration Limited

➢ Located in the Lake Victoria Goldfield area

➢ Resource prospect at Igurgubi between 400,000 and 720 000

➢ Stock exchanges: Australian (Peak Resources)

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Energy-Generating Mining and Projects

Tanzania faces a serious energy crisis, which poses a threat to

the country’s future economic development. In an attempt to

address power shortages, Tanzania has embarked upon various

developments, with gas, coal and hydro investments planned

and being developed, often under joint venture arrangements

between the Tanzanian NDC and foreign companies.

In 2010 Tanzania’s electricity demand from the national grid

was estimated to be 832.55 MW, which represented an increase

of 10% on the previous year. However, the total power

generation capacity is currently considerably less than actual

demand. Only 145MWs of a projected need of an additional

645MWs of electricity was added to the national grid in 2010.

Tanzania’s energy crisis has unleashed unprecedented demands

for energy resources. This is coupled with the increasing

contribution these resources are making to exports into

international and regional markets. There have been a number

of significant offshore gas discoveries. However, this guidance

document is confined to minerals and so the focus here is on

coal and uranium.

Coal is set to become one of the fastest growing mining sectors

in Tanzania. Most of the proven coal reserves occur in the south

of the country, where the rush for energy resources is being led

by emerging BRICS (Brazil, Russia, India, China and South

Africa) countries, in particular China and Brazil.

Associated with these developments are significant

infrastructure plans. Road and rail links are opening up in new

areas, power generation facilities are already being built; and

plans for new port facilities and LNG (Liquified Natural Gas)

plants are well advanced in both Mozambique and Tanzania.

The volume and scale of recent agreements and projects in this

area provide strong evidence of the growing interest in

Tanzania’s energy resources. In 2010, a contract was signed

with the Machinery Engineering Corporation (CMEC) of China

to develop a coal mine and associated 300MW power facility in

the Mnanzi Bay region. Following this, in 2011 the Government

of China and the Government of Tanzania signed a US$1bn

loan agreement, of which China Export-Import Bank is

providing 90% of the financing, to build a 532km natural gas

pipeline to transport gas from Mnazi.

The Mchuchuma Coal to Electricity (Mchuchuma Concession)

and Liganga iron ore (Liganga Concession) projects, located in

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Gemstone Mines

Williamson Diamond Mine

• Joint venture between Petra Diamonds Ltd, 75% ownership, and the government of Tanzania, 25% ownership

• Located in Kishapu district, Shinyanga region

• Production start date: 1940

• Estimated life expectancy: 2030

• Estimated mine reserves: 40 million carats

• Open pit

• Stock exchanges: AIM (LSE)

• Petra Diamonds Ltd produces an annual Sustainability Development Report (2010)

El-Hilal Diamond Mine

• Owned by El-Hilal Minerals Ltd

• Located in Mwadui area, Shinyanga region

• Production start date: 2004

• Limited information available

Meralani/TanzaniteOne Mine

• TanzaniteOne Group (a wholly-owned subsidiary of Richland resources Ltd since 2011)

• Located in Simanjiro district, Manyara region

• Production start date: 2001

• Estimated life expectancy: 2030

• Estimated mine reserves: 44 million carats

• Underground

• Processing and sorting takes place on site

• Stock exchanges: LSE (London)

• Secondary listing on Dar es Salaam stock exchange by end of 2011

• Website provides information on community and projects

Other Projects

Kabanga Nickel Project

• Joint venture between Xstrata company, 50% ownership, and Barrick Gold Corporation, 50% ownership

• Located in Ngara district, Kagera region

• Production start date: 2009

• Estimated life expectancy: 30 years

• Estimate mine reserves: 9.7 million tonnes

• Underground

• Stock exchanges: London (Xstrata), Toronto, New York, London, Switzerland, and Euronext Paris (Barrick)

• Xstrata releases an annual Sustainability Report (2010)

Liganga Project (iron ore, iron and steel)

• Details provided below

Ngualla Project (Rare Earth Oxide, niobium-tantalum and phosphate)

• Joint venture between Peak Resources Ltd, 80%, and Zari Exploration Limited, 20%

• Located in Mbeya region

• Exploration commenced in late 2009

• Details of alluvial deposits identified can be found at www.peakresources.com.au/exploration/tanzania/projects/ngualla.aspx

• Stock exchanges: Australian (Peak Resources)

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not see the benefits of such a project, and that there would be

a considerable impact on wildlife, and loss to government

revenue derived from tourism, as a result. In reaction,

supporters have pointed to the considerable benefits to be

derived from the project in terms of increased infrastructure and

employment, and offers by the investors to contribute to game

reserve management financing in compensation.

Key Actors

National

Ministry of Energy and Minerals

The Ministry of Energy and Minerals (MEM) is the ministry

responsible for the administration and implementation of

energy and mineral policy. Established in its current form in

2008,11 it is charged with the following responsibilities:

• Development of energy and mineral policies, programmes

and projects

• Implementation of energy and mineral policies, programmes

and projects

• Performance improvement

• Development of human resources

• Co-ordination and supervision of institutions under the

Ministry

Within the Ministry there is an appointed Commissioner for

Minerals, a Mining Advisory Board and an appointed Chief

Inspector of Mines.

Tanzania Chamber of Minerals and Energy (TCME)

Created in 1994, the Tanzania Chamber of Minerals and Energy

represents the private sector participants in the mineral sector

and seeks to mediate between the mining investment

community and key stakeholders, including the Government of

Tanzania and the public. Chamber members include both large

and small-scale mining companies.

Tanzania Minerals Audit Agency (TMAA)

The Tanzania Minerals Audit Agency is a semi-autonomous

institution, established on May 6 2009 under the Executive

Agencies Act. The TMAA took on the functions that were

previously held by the Minerals Auditing Section of the MEM.

The institution’s mandate includes the monitoring and auditing

of large, medium and small-scale mining operations and playing

an advisory role to government. Within its remit for audit and

monitoring are revenue generation, capital and operating costs,

environmental management, environmental budgeting and

expenditure for progressive rehabilitation and mine closure.

Geological Survey of Tanzania (GST)

The Geological Survey of Tanzania is a government agency

which sits under the MEM, and was established in 1997. It is

responsible for the identification of sites with minerals, the

preparation, modification and retention of geo-scientific data,

the monitoring and evaluation of geological impacts, the

provision of geological laboratory services and library services,

and providing government with professional advice on

exploration and mining activities.

STAMICO (State Mining Corporation)

Formed in 1972 STAMICO is a parastatal with the following

aims and functions:

• To engage in mineral prospecting and mining and any other

activities related thereto;

• To acquire by agreement and hold interests in any

undertaking, enterprise or project associated with

exploration, prospecting and mining;

• To acquire shares or interest in any firm, company or other

body of persons, whether corporate or unincorporated,

engaged in the mining of, or in prospecting, refining,

grading, producing, cutting, processing, buying, selling or

marketing of minerals;

• To carry on its business, operations and activities whether as

principal agent, contractor or otherwise, and either alone or

in conjunction with any other persons, firms or bodies

corporate; and

• To oversee the transformation of the ASM sub-sector into

regulated, environmentally friendly, safe, productive and

sustainable operations.

International

World Bank

The World Bank is an IFI, owned by 187 member countries that

provides financial and technical assistance to developing

countries across the globe. Support is provided through

provision of resources, knowledge-sharing, building capacity

and the fostering of public-private partnerships.

The World Bank has a history of involvement in Tanzania

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

3311 The Ministry has taken many forms since 1964: the Ministry of Industry, Minerals and Electricity (1964–1966); Ministry of Water, Energy and Minerals (1976–1981,

1984–1985, 1991–1995); Ministry of Minerals (1982–1983); Ministry of Energy and Minerals (1986–1990, 1996 to date).

Ludewa district, Iringa region, are anchor projects in the Mtwara

Development Corridor, a project designed to attract private

sector investment in Tanzania, Mozambique, Zambia and

Malawi. Recent studies indicating that Mchuchuma/Katewaka

coal deposits should be connected to the coast by rail to

facilitate export, necessitates the upgrading of Mtwara port,

and the creation of new electricity transmission networks.

Uranium

Uranium exploration and mining is a particularly controversial

area within the industry. Current projects are being undertaken

by a number of companies including Uranex NL, Omegacorp Ltd

and Uranium Exploration.

Uranium One/Mantra Resources Ltd, Uranium Resources plc,

and Indago Resources Ltd, to name a few10, have applied to

exploit uranium deposits that will put Tanzania in the top ten

global producers of uranium, if approved. These have run into

considerable opposition and criticism from bodies such as

CESOPE (Civil Education is the Solution for Poverty and

Environmental Management).

One particular project that has been in the spotlight is the

Mantra project whose proposed site, Mkuju River, encroaches

into the Selous Game Reserve, a World Heritage Site (WHS),

requiring de-proclamation of 35,000 hectares. The EIA for

Mantra is currently being revised, after initially being rejected. In

October 2011, the Parliamentary Committee on Lands, Natural

Resources and Environment, advised the Government to

suspend exploration in the Selous Game Reserve. The Committee

expressed concern that the majority of citizens in the area could

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10 Full list: Uranex NL, Omegacorp Ltd, Mantra Resources Ltd, Uranium Resources plc, Indago Resources Ltd, Sabre Resources Ltd, Uranium Hunter Corporation, TrimarkExplorations Ltd, IBI Corporation, Gambaro Resources, Douglas Lake Minerals Inc., Canaco Resources Inc., Sub-Sahara Resources NL, East Africa Resources Ltd,

Tanganyika Uranium Corp., Troll Mining Ltd, Jacana Resources Ltd, Globe Metals & Mining Ltd, Atomic Minerals Ltd, Universal Power Corp, Central Iron Ore Ltd, VIPRIndustries Inc., Minergy Tanzania Ltd (Mauritius), Peak Resources Ltd, Kinti Mining Ltd, Kilimanjaro Mining Company, Inc., Edenville Energy Plc, Japan Oil, Gas and Metal

National Corporation.

Coal Mines and Projects

Kirwira Coal Mine

• Kiwira Coal Mines Company (STAMICO, Tanzanian State Mining Corporation)

• Located in Mbeya region

• Production start date: 1980s

• Previously owned by TanPower Resources Ltd, a private company co-owned by former President Mr Mkapa and former Energy

and Minerals Minister Daniel Yona

• Limited information available

Mchuchuma and Liganga Project

• Joint venture between NDC, 20%, and Chinese-based Sichuan Hongda Corporation, 80%. The NDC stake will increase to

49% once Sichuan Hongda Corporation has recouped its investment

• Located in Ludewa district, Iringa region

• Production start date: 2012

• Estimated life expectancy: 100 years

• Estimated mine reserves: 480 million tonnes of coal (enough to generate 600MW of electricity)

• Iron ore extracted is to be locally processed

• Sichuan Hongda Corporation using reserves as security to borrow money from banks in China

Ngaka Coalfields Project

• Developed through TanCoal Energy Limited (a joint venture between Atomic’s 85% owned Tanzanian subsidiary, Pacific

Corporation East Africa (PCEA), which owns a 70% stake in TanCoal and the NDC which has a 30% stake)

• Located in Mbinga district

• Awaiting special mining licence from MEM to start exploration

• Estimated coal reserves: 200 million tonnes

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gemstones. Greater levels of investment and competition are

welcome developments. However, as some of the countries

from which these increased investment pressures are coming do

not necessarily subscribe to the international standards listed

above, Tanzania needs to be increasingly cautious to ensure its

national environmental regulations obligate them to meet an

acceptable standard of practice, and that they are encouraged

to exceed the minimum standards set by environmental

legislation. For example, companies originating from Canada,

Australia and the UK have to comply with OECD MNE

Guidelines, whereas those from China, India and Brazil do not

have such accountability mechanisms in place. There should also

be a focus on promoting best practice and going beyond

compliance to maximise benefit for Tanzania’s development,

whilst at the same time securing reputational dividends for

mining companies and minimising potential disruptions or

objections to their operations.

WWF have a programme which addresses the activities of

Chinese investors in Africa. This includes helping build the

environmental understanding and capacity required of financial

intuitions working in Africa. Banks involved in this programme

include China Export-Import Bank (EXIM), Sinosure (China’s

export credit insurance agency) the Industrial and Commercial

Bank, and the People’s Bank of China. Details can be obtained

from wwf.panda.org.

Other Initiatives

United States Dodd-Frank Wall Street Reform and

Consumer Protection Act

The Dodd-Frank Act of 2010 stands to have a significant impact

on Africa’s mining industry. This piece of US Legislation covers a

number of issues relating to the financial operations of Wall

Street and consumer protection, including advance warning

systems, transparency, corporate governance and bank bailout

action. Within the Act there is a specific provision for

transparency in the extraction industry and minerals originating

from the DRC and surrounding countries.

The provision on Congo conflict minerals impacts DRC and any

adjoining country, which includes Tanzania and applies to the

following minerals, identified in Section 1502 of the Act:

columbite- tantalite (coltan), cassiterite, gold, wolframite, and

any of their derivatives. However, the provision is yet to be

implemented, as many objections have been raised by actors

including the TCME, which has expressed concerns that it could

result in a 10% reduction in demand for Tanzanian gold, the

loss of 2000 jobs and a fall in government export earnings from

gold by US$75mn12. A final verdict on whether it will be

implemented is forthcoming.

The European Union (EU) Initiative for Raw Materials

2008

The European Commission’s Raw Materials Initiative aims to

ensure a level playing field for access to resources, to support

measures to ensure the sustainability of the supply of raw

materials and to promote resource efficiency and recycling

throughout the EU and with trading partners. The initiative

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through the Structural Adjustment Policies of the 1980s. The

1992 Africa Strategy for Mining Technical Paper, which

encouraged trends in, and moves towards, liberalisation and

privatisation, was highly relevant to the government of Tanzania

at the time.

Relevant World Bank loans trigger the World Bank

environmental and social safeguards policies. The objective of

these policies is to prevent and mitigate undue harm to people

and their environment in the development process. These

policies provide guidelines for bank and borrower staffs in the

identification, preparation, and implementation of programmes

and projects.

The effectiveness and development impact of projects and

programmes supported by the Bank has substantially increased

as a result of attention to these policies. Safeguard policies have

often provided a platform for the participation of stakeholders

in project design, and have been an important instrument for

building ownership among local communities. They cover issues

such as; environmental assessment, natural habitats, physical

cultural resources, involuntary resettlement and indigenous

peoples.

International Finance Corporation (IFC)

The IFC is a global development institution, focused on the

private sector in developing countries, and is a member of the

World Bank Group. The IFC makes financial investments and

provides funding to business alongside advisory services to

promote development. The IFC has a number of commitments

in Tanzania, including investments into some of the country’s

mining operations. See www.ifc.org for further details on the

environmental and social performance standards employed by

the IFC.

IFC Investments in Tanzania Mining Sector

Project Name Status

SMP Gold Active

http://www.ifc.org/ifcext/spiwebsite1.

nsf/ProjectDisplay/SPI_DP27746

Williamson Active

Diamonds http://www.ifc.org/ifcext/spiwebsite1.

Limited nsf/ProjectDisplay/ESRS28574

Dutwa Nickel Pend FAP

http://www.ifc.org/ifcext/spiwebsite1.

nsf/ProjectDisplay/SPI_DP29062

International Council on Mining and Metals (ICMM)

See Chapter One for further information.

International Organization for Standardization (ISO)

The International Organization for Standardization develops

international standards for governments, business and society

on a number of topics, including social responsibility and

environmental management, and represents a network of

national standard institutes in 162 countries.

Organisation for Economic Co-operation and

Development (OECD)

The OECD consists of 34 member countries, and is involved in

research and standard creation in four main areas: confidence in

markets and institutions, healthy public finances, growth

through environmentally friendly strategies and technologies

and labour force skill-sets. It has produced a number of papers

and recommendations on key issues including the OECD

Guidelines for Multinational Enterprises which apply to

companies operating in or from member counties – the latter

being the signatories. Although Tanzania is not an OECD

country, all companies domiciled in OECD counties have to

comply with the appropriate guidance.

“Enterprises should within the framework of laws,

regulations and administrative practices in the countries

in which they operate, and in consideration of relevant

international agreements, principles, objectives and

standards, take due account of the need to protect the

environment, public health and safety, and generally to

conduct their activities in a manner contributing to the

wider goal of sustainable development.”

OECD Guidelines, Paris 2008

BRICS

Investment pressures are currently flowing from the BRICS

countries, in particular China and India, which are resource-

hungry and keen to ensure future energy and mineral flows to

fuel their continued economic growth. Examples of investments

include the $3bn deal to mine coal and iron-ore with Chinese

mining company Sichuan Hongda at Mchuchuma, and a $1bn

loan with the Chinese Government to build a gas pipeline has

also been agreed. India is also a big player with the NMDC

(National Mineral Development Corporation), investing in the

Kahama Gold Mine and soda ash at Lake Natron, as well as

smaller Indian companies mining and processing various

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TRANSPARENCY FOR EXTRACTION INDUSTRY

Public Disclosure: Requires public disclosure to the SEC of

payments made to the U.S. and foreign governments relating

to the commercial development of oil, natural gas, and

minerals.

SEC (Securities and Exchange Commission) Filing

Disclosure: The SEC must require those engaged in the

commercial development of oil, natural gas, or minerals to

include information about payments they or their subsidiaries,

partners or affiliates have made to the U.S. or a foreign

government for such development in an annual report and

post this information online.

Congo Conflict Minerals

Manufacturers Disclosure: Requires those who file with the

SEC and use minerals originating in the Democratic Republic

of Congo in manufacturing to disclose measures taken to

exercise due diligence on the source and chain of custody of

the materials and the products manufactured.

Illicit Minerals Trade Strategy: Requires the State

Department to submit a strategy to address the illicit minerals

trade in the region and a map to address links between

conflict minerals and armed groups and establish a baseline

against which to judge effectiveness.

Dodd-Frank Wall Street Reform and Consumer Protection Act,

US Congress, 2010

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takes a strong stance against certain protectionist measures,

such as taxes levied by developing countries on mineral exports.

However, in several countries the revenues generated through

these measures contribute a considerable percentage of the

Government’s total budget, and therefore potentially represent

an important resource in efforts to reduce poverty and support

development.

There are a number of other foreign governments and donor

agencies with a considerable presence in Tanzania undertaking

various projects related to the extractives industry and/or

environment.

Visions Beyond 2012

Tanzanian Mining Vision 2025

The Tanzania Government has laid out its national vision for the

mining sector in 2025, which was included in the 1997 Mineral

Policy and reads as follows:

“The vision for the next 25/30 years for the mineral sector is to

have a strong, vibrant, well-organised, private sector-led, large-

and small-scale mining industry conducted in a safe and

environmentally-sound manner, contributing in excess of 10 per

cent of the GDP; a well-developed gemstone cutting and

jewellery industry, making Tanzania the gemstone centre for

Africa, and providing dependable employment to Tanzanians.”

There is still a long road ahead to meeting the targets set out in

this Vision, not least in the contribution of the mining sector

towards GDP, which still compares poorly with other mining

countries in Africa, such as Botswana. Nevertheless, as Tanzania

has extensive quantities of natural resources, these have an

enormous potential to contribute to the country’s development

through their extraction by mining operations of all sizes, given

the right context in terms of both regulatory environment and

collaboration between stakeholders, to leverage this benefit.

African Mining Vision 2050

The African Union (AU) has also set out an Africa Mining Vision

for the continent’s mining sector in 2050, with the overall goal

being to establish a:

“Transparent, equitable and optimal exploitation of mineral

resources to underpin broad-base sustainable growth and socio-

economic development”

The Vision places great emphasis on the importance of having a

‘knowledge-driven sector’, in which there is ‘equitable

participation’ and which constitutes an ‘integrated approach to

mineral resource exploitation’. With regards to the environment

specifically, the Vision states that the industry should aspire to

be sustainable, well-governed, and both environmentally

friendly and socially responsible. It calls for action to ensure

compliance, with the highest stewardship standards.

Conclusion

The development of Tanzania’s mining sector and the influx of

large-scale international mining companies has largely taken

place in the last 20 years, following the liberalisation and

opening-up of the sector by government. The sector is largely

governed by the 2009 Mineral Policy and the 2010 Mining Act,

but there is plenty more to be done to improve regulation of the

sector, thereby ensuring that maximum benefit is derived to the

Tanzanian economy and people, and that all mining companies

meet a minimum standard in the way they conduct their

operations. It is already one of the most heavily regulated

sectors in the country, but recent agreements between the

government and mining companies, and the Mining Act of

2010, suggest that government involvement in, and interaction

with, the sector is set to increase.

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OverviewCovering 945,000km2, the Tanzanian landscape ranges from the

Serengeti plains to Mount Kilimanjaro and from the mangrove

forests and coral reefs to dense woodlands. With such a rich

environment, full of natural resources, there are a number of

significant and diverse ecosystems, species, and climates, the

value of which needs to be considered, understood and

protected as the country continues to develop.

Protection of the environment, both now and in the future, is

important for several reasons. The conservation of Tanzania’s

rich biodiversity and ecosystems is necessary to ensure future

economic growth and potential. At the most basic level,

ecosystems support the livelihoods of most Tanzanians, and are

therefore key to preventing poverty and fuelling economic

growth. Food, water, medicine and raw materials are the

cornerstones of socio-economic development.

Additionally, in Tanzania, the revenues generated by tourism

make a significant (and sustainable) contribution to GDP,

approximately 6%, which far exceeds the 2.7% contributed by

the mining sector. It is therefore imperative that mining

operations recognise and engage with the tourism sector and

ensure operations do not impact this important source of

income and job creation. Whilst various national parks, forest

conservation areas, and marine and game reserves provide a

degree of protection, many areas remain exposed, and a lack of

information augments the challenge to identify further areas for

conservation efforts. In addition to the direct and indirect

economic values of Tanzania’s ecosystems in supporting

livelihoods, for many people the environment has an intrinsic

value which makes pursuit of its conservation worthwhile in

itself, in isolation from other considerations. For all these reasons,

development should not be at the expense of the environment.

Key Environmental Issues in TanzaniaAs a developing economy with significant natural assets,

Tanzania faces a number of environmental challenges, which

need addressing if the country is to protect its natural assets

whilst at the same time, advancing economically. These

challenges include the six identified by the Ministry of Tourism

and Natural Resources when they published the National

Environmental Action Plan in 1994.

1 Deforestation

2 Land degradation

3 Pollution

4 The threat to wildlife and biodiversity

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Chapter 3 EnvironmentalSensitivities

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significant during the operational stage of the project life cycle

but in planning operations the use of alternative energy sources

should be considered alongside the potential to incorporate

neighbouring communities as beneficiaries in energy provision,

thereby taking pressure off surrounding vegetation currently

used for fuel wood.

Water Issues

The quality and accessibility of water are of vital importance

when considering the environmental impact of mining. Pollution

of water resources can occur as a direct result of mining

activities, through tailings leakages, acid drainage, and failure

to properly manage storm water. Such pollution has a serious

impact on surrounding communities and wildlife. Restricted

access to drinking water can present another environmental

issue, with mining operations requiring significant resources,

limiting those available to local communities and wildlife. The

rates of deforestation and forest degradation are leading to

further stresses on the water situation, which also has

implications for the water requirements of mining operations.

In securing water resources for mine sites it is not sufficient to

only manage the impacts on quality and supply to neighbouring

communities. Helping secure supplies to these communities

would do much to improve livelihoods and gain good

community relations.

Of critical importance to investors is the ability to establish

baseline water quality from the outset, providing a good

reference for assessing the impact of their operations. As

mineralised areas will likely have different chemical parameters

to other geographical regions, it is necessary to establish

baseline levels prior to operation to ensure good planning and

credible monitoring.

In Tanzania there are nine water basins which the Ministry of

Water utilises as planning units. These were introduced

following the 1981 10th Amendment to the 1974 Water

Utilisation Act. Each basin is administered by Basin Water

Officers, who are engaged in water resource management,

surface and groundwater resource assessment and exploration,

water resource planning and research, regulation and

enforcement. The basins are as follows: Pangani River Basin

(1991), Rufiji River Basin (1993), Lake Victoria (2000), Wami-

Ruvu (2001), Lake Nyasa (2001), Lake Rukwa (2001), Internal

Drainage Basin to Lake Eyasi, Manyara and Bubu depression

(2004), Lake Tanganyika (2004), and Ruvuma and Southern

Coast (2004). A map of these can be found at www.maji.go.tz.

Waste Disposal

Various types of waste matter are produced throughout the

mining process. If solid and liquid waste is not properly treated,

it can cause pollution, sickness and ill health in local

communities and wildlife, as well as damaging the aesthetic

qualities of the natural landscape, which could have serious

knock-on effects, given the scope of the tourism industry in the

country. The negative effect of badly disposed waste can

continue to impact upon communities and habitats decades

after the mining companies have left. Another issue arising from

waste disposal in the mining sector is the removal and/or use of

waste materials by communities, where local government

service provision is usually insufficiently developed. In this

respect, there have been a number of incidences when scrap

material from mine sites has ended up in the hands of poachers.

Hazardous Materials

The handling, storage and transportation of hazardous

materials, including cyanide, require careful management to

avoid harm to public health and the environment. Miners need

to be educated on the potential dangers of the various

substances used within the mining process to avoid harm, and

companies need to coordinate storage and transportation in

accordance with international standards and the Tanzanian

Industrial and Consumer Chemicals Act 2003. In Tanzania,

mercury pollution is a serious issue in gold mining in ASMs

communities where proper handling techniques are not always

understood and/or employed.

Investors considering projects in Tanzania should be aware that

there are limited facilities available for the disposal of hazardous

or other waste in the country, and that they may therefore need

to invest in building capacity or facilities in this respect, such as

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

41

5 Access to good quality water

6 Deterioration of marine and freshwater systems

A map of the changing environment in Africa can be found on

the United Nations Environment Programme (UNEP) website,

and a map of biodiversity hotspots can also be found on the

Conservation International website. The IUCN (International

Union for the Conservation of Nature), which works on the key

issues of biodiversity, climate change, sustainable energy,

human well-being and the green economy, by bringing together

government, NGOs and industry with the UN to develop

pragmatic solutions, has conservation databases available on

the website which record endangered species, protected areas,

environmental experts and environmental law.

Environmental Challenges for the Mining SectorMining investments will encounter inherent environmental risks

and impacts throughout the lifecycle of a project. We are only

concerned in this Guidance with the strategic planning aspects,

but good planning at the outset ensures benefits at the later

stages. Actual impacts be evident as early as the first physical

presence on site, during exploration, when new roads,

infrastructure and activities may open up often pristine and

remote areas, and lead to speculation amongst communities.

There are massive environmental challenges facing the mining

industry in Tanzania. Not only is over 25% of the country under

some kind of protection, including seven World Heritage Sites,

but companies also operate in the context of abject poverty,

with 33.6% of the mainland population living below the

poverty line. The impacts of poorly managed mining operations

can lead to devastating consequences for people who live close

to or below the poverty line and rely on the ecosystem services,

such as clean water, and access to materials for shelter and

energy, for their daily survival.

It is vitally important that mining companies plan their

operations from the outset in a way that is sensitive to the

situation and that looks to make a positive contribution where

possible. Such planning should be both proactive and

precautionary. Good results can be achieved through careful

planning of infrastructure, vigilant management of operations,

and designing offsets where there are impacts that cannot be

avoided. The earlier such considerations are introduced into the

planning process, the better, and ideally they should be

considered from the very beginning when evaluating a

proposed area for exploration or operation.

There are a number of environmental challenges of specific

relevance to the mining sector.These are identified in this

section, with their main impacts explained for ease of reference.

As the focus of this guidance document is on strategic

considerations, investors are advised to consult the sources

identified on the Environmental Checkpoint Reference Database

in Chapter Six for further details.

One advantage of addressing environmental issues at the

investment decision making stage is the greater opportunity to

‘seek to do good’ as well as the usual emphasis on ‘doing as

least harm as possible’. This Guidance encourages investors and

those appraising investments to favour those investors who look

at environmental issues differently and propose ways not just of

mitigating negative impacts but rather offering fundamental

changes that will contribute to development outcomes.

Investors should be sought who are going to serve as examples

of good environmental management practice and who

contribute to the raising of environmental performance standards.

Air Quality

Airborne emissions resulting from mining operations have the

potential to significantly impact upon air quality, with

consequences for surrounding wildlife and communities. The

various types of airborne pollution that should be evaluated and

protected against include dust and gaseous emissions, as well as

those pollutants generated during the smelting and refining

processes. Environmental impacts on air quality tend to be most

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Best practice case study: water use

African Barrick Gold (ABG) has reduced their water use at Bulyanhulu mine by introducing a surficial paste tailings technology (a

dense, viscous mixture of tailings and water), making it the first gold mine of its size to adopt the technique. Through a process

of filtration additional water from the tailings slurry is removed which can then be re-used, thereby enabling the mine to recycle

more than 70% of its water requirement.Lake

Victoria

IND

IAN

OCE

AN

LakeTanganyika Wami

Rufiji

Ruaha

LakeNyasa

LakeRukwa

0 100 200 km

Dodoma Zanzibar

Pemba

Mafia

Dar esSalaam

Arusha Moshi

TangaTaboraKigoma

Mbeya

Iringa

R WA N D A

B U R U N D I

U G A N D A

D . R .C O N G O

Z A M B I AMALAWI

M O Z A M B I Q U E

K E N YATANZANIAProtected Areas

(not an authority of boundaries)

D. R

.CO

NGO

Morogoro

Lindi

Mtwara

Mwanza

Bukoba

Songea

Pangani

Malagarasi

Cartography by Mike Shandc

MANJESI

LUKWIKALUMESURELIPARAMBA

KIPENGEREKITULOPLATEAU

MIKUMI

UDZUNGWA

KILOMBERO

MAHENGE

RUAHA

USANGU

RUNGWE

KISIGO

MUHESI

LUKWATI

RUKWAKATAVI

LUAFI

MAHALEMTS

UGALLARIVER

GOMBE

MOYOWOSI

KIGOSI

PANDE

SAADANI

UMBA

MKOMAZITARANGIRE

SWAGASWAGA

RUMANYIKA

KIMISI

BIHARAMULO

RUBONDOISLAND

MASWANGORONGORO

SERENGETI

IKORONGO

BURIGI

GRUMETI

IBANDA

KILIMANJAROARUSHA

SELOUS

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Biodiversity offsets are one option, where certain negative

impacts are accepted as unavoidable and the company chooses

to proactively undertake conservation activities to accrue

measurable positive environmental impacts in compensation. In

some cases, offsetting may be a more efficient way to generate

significant benefits with greater ease.

Investors should remember that the impact of mining on

biodiversity occurs through both direct and indirect channels, as

the changes effected in the socio-economic environment resulting

from project operations produce their own knock-on effects.

Social

The social impacts of mining are considerable, and usually

project specific. Community relations with mining companies

have been problematic in some instances, with disputes over

land rights, displacement and compensation, and community

aftercare and rehabilitation. Mining operations sometimes result

in the displacement of local communities, and inevitably result

in the creation of new communities around mine sites, which

can stimulate the development of economic hubs. However,

when mining operations cease and the companies leave the

area, the community may remain.

This is, therefore, a key issue for the mine closure stage, but

such matters need to be factored into the earliest stages of

investment, and planned for, rather than being left as an

afterthought. It is necessary to ensure that the local community

is not completely dependent on mining, and that the local

economy is sufficiently diverse to support the population

afterward and not leave a legacy of dereliction and the “ghost

towns” that characterised mining booms in former years. The

terms of aftercare and rehabilitation following mine closure is a

significant and contentious issue. Education and awareness of

the rights of local communities is vital to ensure they have

realistic expectations about what benefits they can expect to

accrue from local mine sites, and that they are adequately

equipped to negotiate agreements with mining companies to

the benefit of both parties. Health issues such as HIV/AIDS

prevalence, worker safety, and the impact of mining operations

upon these should also be considered, monitored and planned

for.

Artisanal Mining

ASM also has specific impacts upon the environment. The

extent and cumulative impact of this sector in many African

countries means it can be more physically damaging than large-

scale mining. In some cases an immediate and serious

environmental problem results due to a lack of sophisticated

tools and training which could provide basic health, safety and

environmental awareness and compliance. Mining, Minerals and

Sustainable Development (MMSD) listed potential issues as

follows:

• Mercury pollution

• Direct dumping of tailings and effluents into rivers

• Threats from improperly constructed working apparatus

• River damage in alluvial areas

• River siltation

• Erosion damage and deforestation

• Landscape destruction

Unfortunately, it is not always easy to discern which impacts are

the result of large-scale or ASM operations, which poses serious

accountability issues and presents a source of conflict.

The ICMM and the World Bank hosted the Communities and

Small-Scale Mining Initiative, and have produced a guidance

document specifically tailored to the relationship between large-

and small-scale miners entitled ‘Working Together- how large-

scale miners can engage with small-scale miners’.

For all the above issue areas, it is important to not only consider

how to avoid, mitigate and ameliorate negative impacts, but

also how to exploit the opportunities available to make a

positive impact - for example by building healthcare facilities for

local communities, running training and educational courses,

sourcing materials from local suppliers or setting aside areas for

biodiversity projects.

In the case of artisanal mining there is scope for training and

mentoring ASM communities to improve their standards and

possibly provide a source of revenue, which would allow

investment in technological improvements, by encouraging

them to supply large-scale operations. ASM communities are

often the location of serious development issues, including child

labour and gender discrimination. They are invariably vulnerable

communities driven by poverty; however, they have a far longer

history of mining in Africa than multinational mining

corporations.

Although not yet working In Tanzania, WWF have a programme

addressing ASM issues in and around protected areas and

critical ecosystems called ASM-PACE. Details can be found at

www.asm-pace.org.

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incinerators. This should be considered during the procurement

process, where investors may be able to negotiate disposal with

chemical suppliers. However, opportunities to contribute to

waste management standards and the management of

hazardous materials more generally should also be sought.

Land Clearance

Land clearance is usually required at various stages of the

mining process, from exploration through to mine closure, as

infrastructure and people are moved in and out of different

areas. Land not only has to be cleared for the site of extraction

itself, but also for the roads and rail links in and out, and the

construction of buildings to house site and community facilities,

as well as accommodation. This process results in habitat

fragmentation, which may have significant adverse effects on

community and wildlife, including migratory species.

Land rights are often contentious and can be a major source of

conflict between the local community and the mining company.

The 2008 Bomani Report identified several conflicting issues in

this respect, including the failure of government to establish a

timeline for compensation; the limited awareness amongst

citizenry of rights and responsibilities regarding compensation;

the insufficient consideration given to local communities and

their use of the land; and the neglect of citizen involvement in

the decision-making process, as well as in the process of valuing

the land.

Energy Use and Climate Change

Mining operations require high levels of energy consumption,

which negatively impact upon the environment. It is therefore

necessary for mining companies and governments to

encourage, promote, and facilitate efficient methods of

exploration and extraction, which not only minimise costs for

the operating company but also minimise harm to the

surrounding environment and global systems, and thus limit the

overall contribution to climate change. The impacts of climate

change both now and in the future present a further challenge

to mining companies that may have to prepare for and react to

droughts and other extreme weather events, which are likely to

get worse with time, as the impacts of climate change intensify.

As Tanzania faces an acute energy crisis, there are also access

questions to consider. Nevertheless, mining companies can use

any opportunity to extend power infrastructure to the benefit of

local communities.

In South Africa, faced with grid electricity supply blackouts,

several mining companies are tapping into renewable resources

through measures such as increasing the use of solar

installations for project needs. Such measures serve the dual

purpose of reducing operational reliance on inadequate national

power supplies and demonstrating the company’s commitment

to sustainability.

Noise and Vibrations

Loud noises and vibrations are a feature of the mining process,

particularly during the drilling, blasting, and construction

processes. This has an impact on workers’ health, as loss of

hearing and permanent damage may occur. It also has further

safety implications, as the noise of mining activities can obscure

other important sounds, such as emergency alarms and worker

communications. There is also a knock-on effect for the

surrounding wildlife and local communities, which will be

disrupted, resulting in impacts on migration etc.

Biodiversity

The United Nations Convention on Biodiversity defines

biodiversity as: “The variability among living organisms from all

sources including inter alia, terrestrial, marine and other aquatic

ecosystems and the ecological complexes of which they are

part; this includes diversity within species, between species and

of ecosystems”. Biodiversity is of vital importance given the

inter-connectedness of life and living organisms, and its neglect

can have a series of knock-on effects which may have

unintended consequences. The ICMM has produced a guidance

document specifically tailored to biodiversity considerations in

the mining process entitled Good Practice Guidance for Mining

and Biodiversity.

Tanzania is one of the most unique places in the world, with

famous migrations of large numbers of herbivores and

accompanying predators. These routes rely on connectivity in

the landscape, and such important corridors act as passageways

for species to move from one area to another, although they are

not always protected.

Biodiversity is a key consideration at all stages of the mining

process, as the exploration stage often involves clearing land

and creating access routes, although mine closure and

rehabilitation may present an opportunity to make a positive

impact on biodiversity in the area if sensitively done, as the

importation of flora and fauna foreign to the local environment

has, in the past, resulted in further damage.

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• Preservation of any outstanding geological, physiographical,

ecological, archaeological, or historical features of the

burdened land

• Preservation of scenic view

• Preservation of open space

• To permit persons to walk in a defined path across the

burdened land

• Preservation of the natural contours and features of the

burdened land;

• Prevention/restriction of the scope of any activity on the

burdened land which has its object in mining and working

of minerals or aggregates

• Prevention or restriction of the scope of any agricultural

activity on the burdened land

• Creation and maintenance works on burdened land so as to

limit or prevent harm to the environment

• Creation and maintenance of migration corridors for wildlife

In relation to mining the Act specifies the requirement for EIA

with the following 2005 regulations prescribing the process for

EIA. The Act also stipulates that the National Environmental

Standards Committee, established under the Tanzania Bureau of

Standards (TBS) in 1997, should develop and present the Minister

with standards for water quality, discharge of effluent into water,

air quality, control of noise and vibration pollution, sub-sonic

vibrations, soil quality, control of noxious smells, light pollution,

and other. However, this process is still in its formative stages.

Other Acts of particular relevance include:

The Industrial and Consumer Chemicals (Management and

Control) Act (2003)

This Act details the procedure for registration, certification,

restriction, inspection and management, disposal, prevention of

spills and dealing with spills.

Land Acquisition Act 1967, Land Act 1999, and Village

Land Act 1999

These Acts detail the rights and procedures for dealing with

claims to and ownership of land, as well as assigning

responsibility for governance and regulation of relevant activity

and disputes.

The Water Supply and Sanitation Act No.1 2009

This Act provides for the sustainable management, and

adequate operation and transparent regulation of, water supply

and sanitation services.

Key Actors

Government

Several structures have been set up within the Ministry of

Environment (MOE) and Vice President’s Office (VPO) to

administer the Environmental Management Act, No 20 of 2004.

These are:

• The National Environmental Advisory Committee (NEAC)

• The Directorate of Environment (DOE)

• The National Environment Management Council (NEMC)

In addition, environmental management is the responsibility of

regional administrations and local government authorities (see

Section 15.2.6, EMA 2004). The Minister of Environment has

the overall responsibility for all matters relating to the

environment and for the formulation of policy for the

promotion, protection and sustainable management of the

environment in Tanzania.

Directorate of Environment (in the Vice-President’s Office)

The Directorate of Environment in the Vice-President’s Office

(VPO) is mandated to coordinate, advise and monitor with

regard to various environmental issues and areas. In the

Environmental Management Act (EMA) of 2004 the Director’s

functions are laid out as follows:

1 Coordination of various environmental management

activities;

2 Promotion of the integration of environmental

considerations into development policies, plans,

programmes, strategies and large development projects,

through the use of strategic environmental assessment

(SEA);

3 Providing advice to the government on legislative and other

measures for the management of the environment or the

implementation of relevant international agreements

relating to the environment;

4 Monitoring and assessment of activities to ensure that

environmental management objectives are being adhered

to;

5 Preparing of State of the Environment reports;

6 Coordination of the implementation of NEP.

The Directorate publishes a “State of the Environment2 report

once every two years, as required by the EMA, and is mandated

to co-ordinate plans to undertake Strategic Environmental

Assessments (SEAs). The Directorate retains the right to

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Policy & Legislation

National Environmental Policy 1997

The Ministry of Tourism and Natural Resources took the first

step towards incorporating environmental concerns into

national planning and development in Tanzania, with the

publication of the National Environmental Action Plan in 1994.

The NEAP laid the foundation for the National Environmental

Policy (NEP), adopted in 1997, which seeks to provide the

framework for making the fundamental changes that are

needed in order to incorporate environmental considerations

into the mainstream of decision-making.

The NEP attempts to provide guidance and planning strategies

in determining how actions should be prioritised, and provides

for the monitoring and regular review of policies, plans and

programmes (see SEA). Furthermore, it provides for sectoral and

cross-sectoral policy analysis, so that compatibility among

sectors and interest groups can be achieved, and the synergies

between them exploited.

The overall objectives of the NEP are, therefore, the following:

1 To ensure the sustainability, security and equitable use, of

resources, in meeting the basic needs of present and future

generations, without degrading the environment or

jeopardising health and safety.

2 To prevent and control the degradation of land, water,

vegetation and air, which constitute our life support systems.

3 To conserve and enhance our natural and man-made

heritage, including the biological diversity of Tanzania’s

unique ecosystems.

4 To improve the condition and productivity of degraded

areas, as well as rural and urban settlements, in order that

all Tanzanians may live in safe, healthy, productive and

aesthetically pleasing surroundings.

5 To raise public awareness and understanding of the essential

links between the environment and development, and to

promote individual and community participation in

environmental action.

6 To promote international cooperation on the environment

agenda, and expand participation and contribution to

relevant bilateral, sub-regional, regional, and global

organisations and programmes, including the

implementation of treaties.

The Environmental Management Act of 2004

The National Environmental Management Act (EMA), No 19 of

1983 started the process of regulating environmental

management in Tanzania. Although draft EIA guidelines and

procedures were produced in 1997 and amended in 2003, the

country lacked a coherent code of supporting legislation to

enable effective environmental management. Therefore a study

was initiated with funding from the World Bank, known as the

Institutional and Legal Framework for Environmental

Management Project.

This culminated in the promulgation of the Environmental

Management Act (EMA), No 20 in 2004. The EMA repeals the

National Environmental Management Act of 1983 and is in

accordance with the East African Community (EAC) Treaty on

the Environment and Natural Resources. At the outset this Act

clearly states the right of Tanzanian citizens to a ‘clean, safe and

healthy environment’, the implication is, therefore, that

violations of these regulations can be construed as being

violations of human rights. The EMA also states that decisions

taken under this Act must be in accordance with a set of

environment and sustainable development principles as follows:

• Precautionary Principle

• Polluter Pays Principle for full social and environmental cost

incurred

• Ecosystem Integrity

• Public Participation in developing policies, plans and

processes for the management of the environment

• Principle of Access to Justice

• Principle of Inter-Generational Equity and Intra-Generational

Equity

• Principle of International Co-operation in management of

resources shared by two or more states

• Principle of Common Differentiated Responsibility

The Act assigns responsibilities for environmental management

in Tanzania, including the role of local standing committees,

local government, and village development committees. Under

the Act, each local authority is required to prepare an

Environmental Action Plan to fit below the current NEAP. There

is also a provision included for the issuing of conservation orders

in the following cases:

• Preservation of flora and fauna

• Preservation of the quality and flow of water in a dam, lake,

river or aquifer

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body has an upwards and downwards advisory role, whilst local

governmental authorities are responsible for devising

Environmental Action Plans (EAPs) in accordance with the

National Environmental Action Plan (NEAP).

Section 36(1) of the EMA specifies that each city, municipality,

district, and town council must appoint an Environmental

Management Committee and an Environmental Management

Officer who will be responsible for:

1 The enforcement of the EMA in his/her area of responsibility

2 Promotion of environmental awareness regarding the

conservation and utilisation of natural resources;

3 Gathering and managing environmental information;

4 Preparing State of the Environment reports;

5 Monitoring the preparation, review and approval of EIAs.

The EMA also allows for the establishment of township, ward,

village, mtaa and kitongoji development committees and

officers to manage the natural resources of their areas and to

ensure compliance with the EMA However, these lower tier

government committees do not have any responsibility for the

EIA process. (Source: Handbook on Environmental Assessment

Legislation in the SADC Region)

Non-Governmental Organisations

Tanzania Natural Resource Forum TNRF

TNRF was formed in 2001 as the Wildlife Working Group

(WWG) by a small, informal group of people wishing to

promote a new rights-based approach for addressing critical

natural resource management issues in Tanzania. This approach

holds that natural resource management challenges should not

be simply addressed as technical, or isolated 'conservation'

issues. Instead, resource management needs to be approached

holistically, taking into consideration the integrated

management of different resource bases, such as forests,

fisheries, wildlife and rangelands.

Critically, there is a great need to engage with the fundamentals

upon which the management of natural resources are

dependent - governance, democracy and livelihoods. These key

factors are integral to TNRF's promotion of a devolved “rights-

based” approach, necessary for achieving its vision of equitable,

sustainable and transparent management of Tanzania's natural

resources.

In October 2005, the Wildlife Working Group became the

Tanzania Natural Resource Forum, in recognition of the fact that

many of the issues that the WWG was working on were

common to all natural resources, and that a holistic and cross-

sectoral approach was required. In February 2006, the TNRF

became an independently registered NGO, with its own

membership and governing steering committee.

The TNRF is a collective civil society-based initiative, dedicated to

improving the management of natural resources in Tanzania

through increasing the information flow, facilitating collective

action and advocating action in support of this.

Lawyers' Environmental Action Team (LEAT)

The Lawyers' Environmental Action Team, established in 1994,

claims to be the first public interest environmental law

organisation in Tanzania. Its mission is to ensure sound natural

resource management and environmental protection in

Tanzania.

The LEAT carries out policy research, advocacy, and selected

public interest litigation. Its membership largely includes lawyers

concerned with environmental management and democratic

governance in Tanzania.

The LEAT publishes research reports and policy briefs on

environmental issues facing Tanzania and East Africa, and

champions the cause of the “citizens of Tanzania, who have

had their lives and livelihoods destroyed or expropriated in

favour of foreign mining interests”. LEAT activities include the

representation of groups of small-scale miners from the

Bulyanhulu mine area that were allegedly forcibly evicted from

their mines in 1996 to make way for development by the

Kahama Mining Corporation Ltd, for which LEAT has called on

the Tanzanian government to allow an independent

international investigation of alleged human rights abuses

during the eviction. The LEAT has also campaigned against the

alleged removal of artisanal miners from the Mererani Tanzanite

Mine area, the only place in the world where tanzanite

gemstones are mined, and which has, for many years, been the

site of conflicts between the artisanal miners and a South

African-owned company, AFGEM.

PAMS Foundation

An NGO that helps sustain and conserve biodiversity,

wilderness, habitats and ecological processes through actions

that benefit nature and communities.

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intervene when concerned about activities that are negatively

impacting upon the environment, meaning that the Directorate

of Environment is a key stakeholder in all mining projects.

National Environment Management Council (NEMC)

The NEMC was established in 1983 following the enactment of

the National Environmental Management Act, No. 19. Its role is

to oversee the management and monitoring of environmental

issues. In 2004, the National Environmental Management Act

was repealed with the enactment of the Environment

Management Act, No.20. This Act provided NEMC with the

mandate to “undertake enforcement, compliance, review and

monitoring of environmental impacts assessments, research,

facilitate public participation in environmental decision-making,

raise environmental awareness and collect and disseminate

environmental information”.13 However, the NEMC lacks the

capacity to adequately fulfil its functions.

NEMC comprises a Board, including a Chairman appointed by

the Minister, the Director of Environment and seven other

members. The Director-General acts in the capacity of Chief

Executive Officer.

The National Environmental Advisory Committee (NEAC)

Part III (a) of the Environmental Management Act (EMA), No.

20. of 2004, sets out the composition, powers and functions of

the National Environmental Advisory Committee. The NEAC is

an advisory body to the Minister on all matters relating to the

protection and management of the environment, and

environmental degradation (see Figure 15.1). The NEAC is

composed of members representing various fields of

environmental management from the public and private sectors

and civil society.

Wildlife Division (Tanzania Ministry of Natural Resources

and Tourism)

The Wildlife Division is responsible for the management of

wildlife resources and their habitats to ensure the sustained and

equitable benefit of Tanzanians.

Tanzania National Parks (TANAPA)

The TANAPA Manages Tanzania’s 15 national parks.

Inter-sectoral Cooperation

Inter-sectoral co-operation is achieved through the

establishment of an Environmental Section in each line ministry,

headed by a Sector Environmental Co--ordinator.258 Each

Environmental Section is responsible for:

1 Ensuring compliance or the line ministry with the EMA;

2 Ensuring all environmental matters contained in other laws

falling under the jurisdiction of the sector Ministry are

implemented and reported to the DOE;

3 Liaising with the DOE and NEMC on all environmental

matters in order to achieve cooperation and shared

responsibility for environmental governance

Of specific relevance to the administration of EIAs, the

Environmental Sections must:

1 Conduct Strategic Environmental Assessments (see the

section on SEAs) on sectoral legislation, regulations, public

participation and strategies developed by the sector

ministry;

2 Ensure that sectoral standards are environmentally sound;

3 Oversee the preparation and implementation of EIAs for

investments in their sector;

4 Ensure compliance with various regulations, guidelines and

procedures relating to environmental management; and

5 Submit a biannual report to the DOE on the state of

environmental management in their sector.

Regional and Local Administration

The EMA aims to ensure that environmental management is

devolved down to the regional, town and village levels of

government through the creation of the EMA 259 Part III (f) of

the EMA on administrative structures responsible for the

environment in each tier of government.

The regional secretariats are responsible for the coordination of

all advice on environmental management in their respective

regions as well as for liaison with the DOE and the Director

General on the implementation and enforcement of the EMA.

The tasks of the Regional Secretariat are performed by the

Regional Environmental Management Expert, who acts as the

link person between the region and the DOE.

District Authorities

The responsibilities and mandates of district authorities are in

accordance with the 2004 EMA and the 2010 Mining Act,

under which there is a decentralised management system in

place for natural resource management, making it imperative to

engage at the district and village level. A regional secretariat

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Tanzania and Mozambique – to implement the following

strategies:

1 Strengthening natural resources, governance for effective

management of marine fisheries and coastal forest resources

and improved effectiveness of institutions in the

implementation of policies and regulations.

2 Adoption of a sustainable trade and investment approach.

3 Securing the remaining high value conservation areas in

Coastal East Africa, through a number of initiatives,

including protected areas and land use planning.

It engages in extractive industries work through its work

programmes in Trade and Industry, China and Africa and

Natural Resources Governance.

Standards, Guidelines and Fora

International

Intergovernmental Forum on Mining, Minerals, Metals

and Sustainable Development

Tanzania is a member of the 50 country Intergovernmental

Forum on Mining, Minerals, Metals and Sustainable

Development.

At the world summit held in Johannesburg in 2002, a number

of countries and private sector leaders with an interest in mining

decided to take action to change the perception of mining as a

threat to development and to demonstrate that the mining

sector is a potentially significant driver of development. A

section on mining/metals was included in the negotiated text of

the Johannesburg Plan of Implementation (JPOI). This projects a

positive perspective on the contribution of mining to sustainable

development. It also identifies priorities that need to be

addressed in order to enhance the potential contribution of

mining to sustainable development.

To mobilise and coordinate efforts to put the JPOI into more

widespread effect, a partnership was formed amongst

interested countries. Their efforts led to the 2005 inauguration

of the Intergovernmental Forum on Mining, Minerals, Metals

and Sustainable Development, formerly known as the Global

Dialogue on Mining/Metals and Sustainable Development. The

Forum is now the leading global intergovernmental policy

forum on mining and sustainable development.

The objectives of the Forum are to improve, enhance, and

promote the contribution of the mining, minerals and metals

sector to sustainable development and poverty reduction.

Through sharing experiences and developments across the

sector, the Forum helps enhance capacity for the improved

management of member countries’ mineral wealth.

IFC Performance Standards

The IFC has a series of eight performance standards which set

out client roles and responsibilities for project management, and

which must be met to attain and/or retain IFC support.

Performance standards cover Social and Environmental

Assessment and Management Systems, Labour and Working

Conditions, Pollution Prevention and Abatement, Community

Health, Safety and Security, Land Acquisition and Involuntary

Resettlement, Biodiversity Conservation and Sustainable Natural

Resource Management and Indigenous Peoples and Cultural

Heritage. These performance standards form part of the IFC’s

Sustainability Framework (2012 edition).

IFC Environmental, Health and Safety Guidelines for

Mining

This document provides guidance on addressing and mitigating

environmental impacts that may arise, either directly or

indirectly, from mining activities, from exploration through to

mine closure. It refers readers to other IFC guidance documents

in some cases e.g. the management of hazardous materials.

Several mining companies, for example AngloGold Ashanti at

Geita Gold Mine, use these standards alongside national

environmental management requirements, and seek to ensure

their practice meets whichever is the most stringent. The IFC

also uses these as a basis for screening potential investments

and evaluating their environmental impact.

ISO

The International Standards Organisation has produced several

series of standards of relevance to the mining sector. The ISO

26000:2010 series provides guidance on social responsibility

and the ISO 14000:2004 series provides a standard on

environmental management systems.

Berlin II 2002

This is a review of original Berlin guidelines which were

developed following the 1992 United Nations Conference of

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Its aims is for Tanzania to be a country where the value of its

natural resources, and their benefits, are understood and

upheld by all, and for best practice management principles to

be applied in conserving natural resources in an ethical manner

in all the areas where they work internationally.

It does this by helping identify new, and ensuring appropriate

management of existing conservation areas in Tanzania, playing

a leading role in helping improve management effectiveness in

East Africa, building the capacity of rangers in Tanzania to

improve the effective functioning and conservation status of the

Ruvuma Wilderness Trans-boundary Conservation Area.

It is in this last area that it has been addressing mining-related

issues – by monitoring the uranium mining proposal for the

periphery of the Selous Game Reserve and World Heritage Site.

Policy Forum

Policy forum is a network of over 100 NGOs in Tanzania that

collaborate to promote poverty reduction, equity and

democratisation, through influencing policy.

Tanzania Wildlife Research Institute (TAWIRI)

TAWIRI conducts research on wildlife in Tanzania to provide

scientific information and advice regarding the sustainable

conservation of wildlife.

Wildlife Conservation Society of Tanzania (WCST)

Founded in 1998, the Wildlife Conservation Society of Tanzania

operates at the local and national level to promote conservation

through education, information-sharing, advocacy and capacity

building.

WWF Tanzania

The World Wildlife Fund has an office in Tanzania, which works

on a number of conservation projects in areas such as the

Udzungwa Mountains and the Mara River.

Areas of concern in Tanzania include the following:

Illegal and unsustainable deforestation: A majority of

Tanzanians rely on wood and agricultural residues for their

energy needs, which leads to deforestation and environmental

degradation. In 2007, TRAFFIC showed that organised illegal

timber crime is causing millions of dollars’ worth of timber

revenue to be lost each year in Tanzania. Furthermore,

deforested areas no longer provide a home for wildlife, leading

to biodiversity loss, and are also susceptibility to soil erosion.

Overgrazing and unsustainable range management: Large

cattle herd size and many goats may be a blessing for farmers,

but when their numbers exceed the area’s natural carrying

capacity, this can turn into a serious disadvantage. When

vegetation disappears, the ground becomes exposed to soil

erosion, greatly reducing its ability to grow new plants. Eroded

soil also runs into rivers and out to sea, where it smothers

sensitive corals.

Pollution: In Tanzania’s major towns and cities, solid and liquid

wastes are left untreated. As a result, air and water are

contaminated with pollutants, a major health hazard for those

who live in under-privileged areas. An example is Dar es Salaam,

where few people are connected to a sewage system. The few

sewage systems that exist disgorge their waste directly into the

ocean, affecting marine habitats and the species that live there.

Illegal and unsustainable wildlife exploitation: In village

areas, people often resort to poaching. Sometimes, this

happens in retaliation to wildlife attacks which involve the

destruction of crops, and hence livelihoods. Such conflicts

between humans and wildlife are also straining relations

between wildlife authorities and local people.

WWF Coastal East Africa Initiative

The WWF has established a major regional programme - the

“Coastal East Africa Initiative” (CEA-I), which is based in Dar es

Salaam, Tanzania, but works on biodiversity conservation and

sustainable development issues across the Kenya, Tanzania and

Mozambique region.

The Coastal East Africa Initiative (CEA-I) is one of fourteen

large-scale programmes that the WWF Network has established

to achieve transformational change by working at local,

national and international levels, linking work on the ground

with advocacy work and engagement.

The vision for the CEA-I is that Coastal East Africa’s unique and

globally significant natural resource base provides the essential

goods and services that support biodiversity as well as economic

development and the livelihoods of present and future

generations. In order to achieve this vision, WWF will works

with governments and other key partners in the region – Kenya,

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and anti-corruption policies. The initiative has in excess of 8,700

corporate participants and stakeholders, from more than 130

countries that are committed to aligning their operations and

strategies around these principles. The goal of the initiative is to

ensure that industry progresses in a way that derives socio-

economic benefits for a wider audience. Global Compact

objectives to achieve this goal are to mainstream the principles

in business activities globally, and to catalyze actions in support

of MDGs. Participants also commit to a transparency and

accountability policy to ensure continued membership. Out of

the 10 principles, 3 focus specifically on the environment. These

are as follows:

• Businesses should support a precautionary approach to

environmental challenges.

• Businesses should undertake initiatives to promote greater

environmental responsibility.

• Businesses should encourage the development and diffusion

of environmentally friendly technologies.

Equator Principles

Launched in 2003, the Equator Principles is a voluntary

framework for credit risk management in determining, assessing

and managing environmental and social risk in project finance,

which applies to participating financial institutions themselves,

rather than to the underlying investments. They were revised in

2006 to have a greater focus on social issues such as enhanced

consultation, disclosure and grievance mechanism requirements.

An additional principle was also included requiring public

reporting, and the threshold for applicable projects was lowered

to US$10mn. The vast majority of project finance is now issued

by EP banks, and a list of members can be found at

www.equator-principles.com.

Leading Practice Sustainable Development Program for

the Mining Industry

See Chapter One for more details.

Beyond 2012A possible review of the EIA process in Tanzania, to make it

more efficient, is under consideration, as is a revision of the

2004 EMA; both of these could have a significant impact of the

environmental management of the mining sector.

ConclusionDespite the existence of both national and international

regulations, standards and guidelines, comprehensive

implementation of these is not universal within the mining

sector in Tanzania. Government bodies overseeing

implementation of regulations, standards and guidelines lack

the resources required to fully support investors in

understanding the necessary requirements, or to hold to

account investors that fail to do so. This means there is an

implementation deficit, and mining investors must be aware

that the onus will therefore fall upon them to proactively ensure

compliance and demonstrate good practice. Actors in the

mining sector need to clearly understand the role of both the

Directorate of the Environment and the NEMC, who are

ultimately responsible for the awarding or refusal of an EIA

certificate and its continued validity, without which operations

will not be permitted to continue.

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Environment and Development, held in Rio de Janeiro, and the

1991 Berlin round table on Mining and Environment. The

document details processes that may be used in regulating,

monitoring and controlling the incorporation of environmental

considerations into mining operations through various means,

from the legally-binding to the voluntary.

GRI Guidelines - Mining and Metals Supplement

The most recent version of the GRI Sustainability Reporting

Framework was released in March 2011, reworked from the

original 2006 version. Developed by a multi-stakeholder group

which included representatives from industry, charities, NGOs

and international organisations, such as the World Bank, the

Mining and Metals Sector Supplement applies general G3

guidelines on reporting to the mining and minerals sector

specifically, and covers projects from the exploratory to closure

stages. The guidance contained within the document sets out

standards for reporting principles and performance indicators

for economic, environmental, and social disclosure. From the

end of 2011 companies in the sector must adhere to these

guidelines in order to achieve GRI Application Level 1.

Topics covered within the supplement include:

biodiversity/ecosystem services, emissions, effluents and waste,

labour, indigenous rights, community, artisanal and small-scale

mining, resettlement, closure planning and materials

stewardship

ICMM Good Practice Guidance for Mining and

Biodiversity, Sustainable Development Framework,

Climate Change Programme, Good Practice Guide:

Indigenous Peoples and Mining, Community Development

Toolkit, Planning for Integrated Mine Closure Toolkit

In 2002 the ICMM adopted the ICMM Toronto Declaration

which asserted the link between successful mining and metals

operations, good practice community engagement and

environmental practice. The ICMM Sustainable Development

Framework consists of 10 principles and 7 related position

statements for members to implement in their company and

operations, a public reporting commitment which directly

relates to the 10 principles and position statements in line with

the GRI Sustainability Reporting Framework, and independent

assurance to ensure third-party verification of company

adherence to the principles. ICMM member companies are

required to implement these steps as a condition of

membership. Member companies are also required to make

public their commitment to improving sustainability in their

operations and are committed to report their progress in this

respect on an annual basis. By becoming members they sign up

to ICMM sustainability principles.

The ICMM has produced a number of guidance documents and

tools relating to the environmental considerations in the mining

sector as listed above such as the Good Practice Guidance for

Mining and Biodiversity which focuses on risks and measures

specifically related to biodiversity in the mining sector, providing

a more detailed analysis and level of information, as well as

incorporating a large number of case studies on the topic.

International Cyanide Management Code

Developed by a multi-stakeholder steering committee under

UNEP, the International Cyanide Management Code is a

voluntary programme for gold mining companies, aimed at

ensuring the safe management of cyanide by members. Third-

party auditing is required for certification.

UN Global Compact

Supported by the UN General Assembly, the UN Global

Compact is a strategic policy initiative framed around 10

principles concerning human rights, labour, the environment

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The 10 Principles

1 Implement and maintain ethical business practices and

sound systems of corporate governance

2 Integrate sustainable developments considerations within

the corporate decision-making process

3 Uphold fundamental human rights and respect cultures,

customs and values in dealings with employees and others

who are affected by our activities

4 Implement risk management strategies based on valid

data and sound science

5 Seek continual improvement of our health and safety

performance

6 Seek continual improvement of our environmental

performance

7 Contribute to conservation of biodiversity and integrated

approaches to land use planning

8 Facilitate and encourage responsible product design, use,

re-use, recycling and disposal of our products

9 Contribute to the social, economic and institutional

development of the communities in which we operate

10 Implement effective and transparent engagement,

communications and independently verified reporting

arrangements with our stakeholders

Equator Principles

Principle 1: Review & Categorisation

Principle 2: Social and Environmental Assessment

Principle 3: Applicable Social and Environmental Standards

Principle 4: Action Plan and Management System

Principle 5: Consultation and Disclosure

Principle 6: Grievance Mechanism

Principle 7: Independent Review

Principle 8: Covenants

Principle 9: Independent Monitoring & Reporting

Principle 10: EPFI Reporting

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IntroductionInvestors in other sectors are first required to register with the

Tanzania Investment Centre (TIC), a body designed to promote

and facilitate investment in Tanzania. However, in the case of

the mining sector, the TIC can only provide an advisory role to

the investor and they will be referred to the Ministry of Minerals

and Energy (MEM) in order to seek the required permits and

mineral rights for their proposed operations. Without approval

from the Ministry, the investors cannot proceed with their

operations. To obtain approval to commence mining, the

investor must obtain an EIA certificate which is required for

certain projects under the 2004 EMA. A list of project types for

which an EIA certificate is mandatory can be found in the 2005

EIA and Audit Regulations, and includes those in the extractives

industry. Some other projects associated with mining projects,

e.g. roads, power generation and reticulation may be subject to

screening to determine whether or not they require an EIA, and

what level of EIA must be undertaken. These are also listed in

the same document. The Government has also set aside large

areas which have been divided into Primary Mining Licenses and

are intended for small-scale miners. These are issued without an

EIA despite of the cumulative impacts frequently being very

significant.

SEA

“In harnessing depleting natural assets for the well-being

of ordinary citizens there is no critical decision, there is a

decision chain. You might suppose that the first and

overarching decision would be whether to extract natural

resources at all”

Paul Collier, “The Plundered Planet”, 2010

The purpose of this Guidance is not only to mainstream

environmental and sustainability factors into project level

decision-making, but also to upstream those factors into the

strategic and policy level decisions that are made prior to

detailed project formulation, and which ultimately frame project

implementation. As such this Guidance employs some of the

principles of Strategic Environmental Assessment (SEA).

SEA procedures help decision-makers broaden high-level

planning from single sector approaches to a more integrated

approach so that policies in tourism or conservation, for

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• Identification of ecologically sensitive and protected areas;

• Identification and description of communities around the area;

• Existing socio-economic conditions;

• Existing economic activities and infrastructure;

• Proposed developments, including long-term scenarios and

the cumulative effects of a number of different

developments in the same sector;

• Infrastructure and resources required to service these

developments;

• Potential environmental and social impacts of the proposed

development;

• Recommendations for land reclamation and limitations on

development in different areas.

The SEA is reviewed by the DOE, who prepares a report on the

adequacy of the SEA and makes recommendations to the

Minister. If favourable, the Minister will approve the SEA report

and will forward his or her comments and recommendations to

the ministry responsible for the development.

Tanzania is developing the capacity to apply SEA to important

strategic decision-making. It can be anticipated that SEA will be

increasingly applied to the development of, inter alia, mineral

policies in Tanzania, and work is already underway, led by the

World Bank, to build the capacity for this.

Major Impacting ActivitiesThe nature and extent of environmental impacts depend on the

categorisation of the mining project, and there is a significant

distinction to be drawn between the potential and/or actual

impacts of various kinds of mining operation. Firstly, this

depends on location i.e. whether the project is based offshore,

by the coast, or near rivers, forests, mountains and/or deserts.

However, it also depends on the relative volume and value of

the mineral. For example, small volume but high value

operations such as diamond, gold and gemstone mining will

undoubtedly have different characteristics to high volume low

value projects, for example for coal, iron ore, copper and nickel.

Cumulative and indirect impacts must also be carefully

considered in the identification, assessment, planning and

monitoring phases. Environmental risks and impacts should not

be evaluated in isolation of one another, or the full cost of

proposed activities will not be understood and the opportunity

for potential positive synergies might be missed.

EIAs and EMPsThe EIA process is conducted and supervised by NEMC and is

designed to take into account environmental, social, cultural,

economic and legal considerations. As stated in Clause 16 of

the 2005 EIA and Audit Regulations, the EIA study will:

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example, take cognizance of policies and proposals in the

extractives or agricultural sector. Through broader and more

transparent and participatory approaches across sectors SEA’s

can identify cumulative impacts, potential synergies and more

coordinated ways to achieve sustainability. They can also better

align decisions with over-arching national strategies such as

Poverty Reduction Strategies

SEA principles and procedures are applied at the very earliest

stages of decision-making to help formulate policies and plans

and to assess their potential development effectiveness in the

context of sustainability. In broad terms, SEA is applied to

policies, plans and programmes, whereas EIA procedures are

applied much later in the decision-making hierarchy, to project

level decision-making. SEA is a complement to EIA, not a

substitute for it, but by addressing the key strategic issues prior

to project specific details it serves to help streamline and frame

EIA processes- a big advantage in a country like Tanzania which

has very limited capacity for comprehensive EIA systems and

reviews that can delay project level decision making. SEA

assesses the capacity of government institutions to effectively

manage the policy, plan, programme, or indeed investment in

its implementation.

SEA encourages the systematic and comprehensive evaluation

of broad development options and helps identify new

opportunities, in contrast to the predominant focus of EIA on

mitigating negative impacts. Further benefits of SEA are that it

provides the environmental evidence to support more informed

decision-making. It helps build stakeholder engagement in the

earliest stages of planning and at the investment decision-

making point. In this way it helps civil society to engage in

proactive discussions about investment proposals, rather than

limiting reaction to decisions already made where the only

recourse may be campaigns, conflicts and adversarial relations.

The key reference on SEA is the OECD’s 2006 DAC Guidelines

and Reference Series ‘Applying Strategic Environmental

Assessment- Good Practice Guidance for Development Co-

operation’.

A contribution to supporting improved governance of natural

resources, SEA supports the first precept of the 2010 Natural

Resource Charter: “The development of a country’s natural

resources should be designed to secure the greatest social and

economic benefit for its people”. However, it brings in the

environmental dimension to ensure those benefits are sustained.

SEA is primarily a government activity rather than private sector.

According to Part VII of the 2004 EMA, a detailed statement

regarding SEA shall be conducted and submitted when

preparing a Bill for enactment of any law that is likely to affect

environmental management conservation, and enhancement, or

the sustainable management of natural resources. The Act

specifically calls for an SEA when “any major mineral or

petroleum resource is identified or when a major hydro-electric

power station or water project is being planned.”

The SEA for a policy, Bill, legislation, strategy, programme or

plan must contain the following information:

1 A full description of the policy, Bill, legislation, strategy,

programme or plan being considered;

2 The identification, description and assessment of the

positive and negative effects of the implementation of the

proposed document on the environment and the sustainable

management of natural resources;

3 The identification, description and assessment of the likely

effects of alternative means to meet the objectives of the

proposed instrument;

4 The identification, description and assessment of a range of

practicable measures that could be taken to avoid, mitigate

or remedy any adverse (268 Section 101 of the EMA, 269

Section 104(3) of the EMA, 270 Section 105(2) of the EMA)

effects that may result from the implementation of the

proposed policy, Bill, legislation, strategy, programme or

plan being considered.269 The SEA must be submitted to

the Minister once completed, who will direct the DOE to

review the proposed policy, Bill, legislation, strategy,

programme or plan. The DOE must then provide the

Minister with his/her opinion, which will be forwarded to

the document drafting team for them to incorporate the

comments and make the necessary revisions. If, after the

document has been revised, the Minister is still of the

opinion that the environmental concerns raised during the

SEA have not been adequately addressed, he or she must

raise an objection within 30 days with the drafting team of

said document.

The SEA process for a major mining or petroleum project,

hydro-electric power station or water development must be

undertaken by the responsible sector ministry.

The SEA for such a development must include:

• Baseline environmental conditions and status of natural

resources;

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EIA Process

Registration & Submission of Project Brief along with the prescribed fee.

Screening: The screening process determines the level of EIA to be undertaken i.e. full or preliminary and may take up to 45

days from submission of the project brief.

Scoping Stage: A scoping process is undertaken which includes the terms of reference (TORs) to be used in the EIA.

Review of Scoping Report: The scoping report is reviewed and requires approval, including approval of the TORs set out.

EIA Field Visit: A consultant is sent to the site to conduct an EIA. The consultant commissioned must be registered with NEMC

or seek NEMC permission if non-Tanzanian based.

Submission of EIA: At this stage 15 copies of the EIA report must be submitted to NEMC for review.

Review: The submitted EIA report is reviewed. The review process includes a site visit, the cost of which is borne by the investor.

Technical Advisory Committee: A Technical Advisory Committee (TAC) of experts from various relevant fields is convened. They

check the site visit report and evaluate the limitations and restrictions of the EIA conducted.

Feedback: The Committee communicate their findings to the investor, highlighting any inadequacies that exist in the report.

Fine-tuning & Re-submission: The investor has the opportunity to fine-tune the report following feedback provided by the

Technical Advisory Committee.

Submission: The report is submitted to the Vice-President’s Office.

Approval: Following submission, approval for the permit is given or withheld. When issuing an EIA certificate NEMC include

project-specific conditions in addition to the general conditions which come with EIA certificates as standard practice. The

number and content of these conditions vary based on the project and the issues raised during the EIA process.

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In addition to standards, the scope of EIAs and EMPs conducted

is also of key importance. A failure by the mining company

and/or consultant conducting the EIA to identify the total area

which may be impacted by operations could result in multiple

problems for the company.

The difficulty in fully delineating project-related impacts,

particularly in the case of cumulative or indirect impacts, or

where several projects exist in close proximity further underlines

the need for SEAs.

Biodiversity Action Plans (BAP)A BAP is a programme that records the biological resources of

an area or region and details a programme for conservation,

addressing threats posed to wildlife and habitats. The Office of

the Vice President (VPO) developed a National Biodiversity

Strategy and Action Plan in 2001. Of related interest, the

Business and Biodiversity Offsets Program is a partnership of

companies, financial institutions, governments and civil society

which undertakes projects to demonstrate how biodiversity

offsets can lead to a more optimal conservation outcome.

Mine Closure and Legacy IssuesMCPs are a necessary requirement as part of the EMP. and are

also subject to regular review. Information on MCPs can be

found in Regulation 206 of the Mining (Safety, Occupational

Health and Environmental Protection) Regulations, 2010. As

there are currently no specific guidelines or criteria on which

mine closure should be made, some companies adopt standards

from other countries, such as Australia. The 2004 EMA also

provides for Environmental Performance Bonds (EPBs),

mandated under the DOE in the VPO, to be deposited in a fund

as security for meeting the conditions of the EMP and

completion of the project to agreed environmental standards.

The Director of Environment retains the right to confiscate this

deposit in the case of a violation of the terms of agreement,

and use it to fund rehabilitation efforts. However, the official

process for this is yet to be established.

International guidance on mine closure can be found in the

ICMM Mine Closure Toolkit, the 2002 World Bank and IFC

report It's Not Over When It's Over: Mine Closure Around the

World and the Post Mining Alliance website

(www.postmining.org)

ConclusionMining companies must ensure they fully understand and

comply with national legislation pertaining to EIAs, EMPs and

MCPs, and more recently EPBs. However, in order to avoid

frustration, delays and ultimately costs, companies should look

to ensure that their operations and review processes meet

international standards.

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a) Identify the anticipated environmental impacts of the project

and the scale of the impacts;

b) Identify and analyse alternatives to the proposed project;

c) Propose mitigation measures to be taken during and after

the implementation of the project; and

d) Develop an Environmental Management Plan (EMP) with

mechanisms for monitoring and evaluating the compliance

and environmental performance which shall include the cost

of mitigation measures and the time frame of implementing

the measures.14

If the EIA certificate is not awarded, the investor has a period of

thirty days from the date of the decision to appeal to the

Environmental Appeals Tribunal. In the case that the investor is

aggrieved by the decision of the Environmental Appeals

Tribunal, there is a period of thirty days in which they may

appeal to the High Court.

Certification is not permanent, and the EIA certificate can be

suspended or revoked if the investor contravenes the

agreement, or the project, or if the manner of project

implementation changes significantly, the project is shown to

pose a serious environmental threat previously unforeseen, or

the information provided in the EIA process is shown to have

been “false, incorrect or intended to mislead”. Where the

project or manner of operation is changed, there may be a

requirement for a new EIA process according to the NEMC’s

decision. The EMP is a necessary part of the EIA process and

must include a Mine Closure Plan (MCP).

Auditing and Monitoring

Auditing is a necessary requirement in order to measure actual

performance against the activities approved in the EMP, help

identify how performance might be improved, and promote

accountability and transparency. As the project lifecycle

progresses and time passes, the nature and extent of

environmental impacts may vary. Auditing is therefore a way of

ensuring that EMPs address such changes, and may also help to

identify, mitigate, ameliorate and compensate for the results of

cumulative and indirect impacts, which may be less

comprehensively achieved in the original EMP. Where projects

are ongoing the investor is required to undertake an initial

environmental audit followed by subsequent environmental

control audit studies as “may be necessary at such times as shall

be agreed upon by the Council and the proponent”. Audits are

conducted by the TMAA. Since environmental audits began in

2010, the TMAA has audited all large-scale mines and twenty-

five medium- and small-scale mines. The audits evaluate project

impact and the success of existing measures and controls to

address potential negative impacts of operations on the

environment and/or health and safety of workers. They also

review the existence of environmental awareness and

sensitisation measures. The EMP documents are reviewed by the

TMAA on site, and are followed by a physical inspection, after

which the findings are communicated and a report is sent to the

MEM and the NEMC. Given the TMAA’s role in the auditing

process, a representative from the body now participates in the

TAC of the EIA process.

There is also a requirement for annual self-auditing, for which a

report must be produced, based on EIA criteria, and submitted

to the NEMC. The self-audit must be conducted by a registered

or NEMC- approved consultant. Further guidance on what

should be included in the audit can be found in the 2005 EIA

and Audit Regulations.

The NEMC is also in control of the monitoring process, in

partnership with the sector ministry, in this case the MEM.

Environmental criteria and phenomena must be assessed for

change, potential change and impact, as well as projects already

underway in respect of their immediate and long-term impacts

on the environment.

The sector Minister also has the power under the 2004 EMA, to

make regulations providing for various areas, including pollution

in consultation with the Minister responsible for the

environment (EMA, 2004, p.134).

International Standards

For many investors, for example the Equator Banks, EIAs must

be completed to international standards, and a peer review is

required for all category A, and appropriate category B, projects

to qualify for financing. The extent to which EIAs fail to meet

international standards will likely correlate to the extra work

that is required in the peer review to fill the gaps. Consultants

should therefore be encouraged to meet international

standards, with the support from experienced external

consultants if required, and it should be a priority to ensure that

these standards and their implications are properly understood,

and resourced with adequate capacity and capability. This will

help companies seeking project financing to avoid delays,

frustrations and resulting cost implications.

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Case Study: Mine Closure

Vale’s Mine Closure and Rehabilitation Centre, Brazil

Vale set up a Centre for Biodiversity Research and

Conservation when the Córrego do Meio mine in Brazil closed

in 2005. The centre is designed for research development and

is focused on conservation and recovery. The project includes

water, waste and revegetation monitoring and will provide

employment to around 140 people from the surrounding

area.

Replanting of original flora, over 3 million seedlings and

revegatation will be undertaken to transform the area with

recycled materials used in any building or rebuilding

processes. In addition, part of the site has been developed

into a museum on the history of mining and the processes

and techniques involved.

Source: ICMM Case Study

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Flow Diagram of Investment Process

OPERATIONS COMMENCE

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

Chapter 5 Investment Pathway

59

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INVESTOR GOES TO TIC

WITH FEASIBILITY STUDYINCLUDING STARTEGIC

ENVIRONMENTALOVERSIGHT AND

SCENARIOS

INVESTOR DIRECTED TO MEM TO OBTAIN

LETTER OF NOOBJECTION

INVESTOR DIRECTED TO NEMC

ENVIRONMENTALIMPACT

ASSESSMENT

EIACertification

FINAL APPROVALGIVEN

EIA Rejected

Suggested Environmental Entry Point - Investor screening

Current Environmental Entry Point

MONIT

ORIN

G

AUDIT

ING

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International:

IFC EHS Guidelines for Mining p.5

OECD Waste Management

Australian Government, Department of Industry, Tourism and Resources: Tailings

Management

Air Quality and Management

National:

EMA , 2004, VPO/NEMC

The Environmental Management (Air Quality Standards) Regulations, 2007, VPO/NEMC

The Environmental Management (Control of Ozone Depleting Substances) Regulations,

2007, VPO/NEMC

National Environmental Standards Compendium, Tanzania Bureau of Standards

International:

IFC EHS Guidelines for Mining p.11

Australian Government, Department of Resources, Energy and Tourism: Airborne

Contaminants, Noise and Vibration

Biodiversity

National:

Wildlife Conservation Act, 2009

The Forest Act, 2002, Ministry of Natural Resources and Tourism

Ngorongoro Conservation Area Act, 1978

National Biodiversity Strategy and Action Plan, 2001, VPO, URT

International:

IFC EHS Guidelines for Mining p.9

GRI Biodiversity Criteria GRI biodiversity criteria

OECD Publications on Biodiversity

ICMM Good Practice Guidance for Mining and Biodiversity

UNEP

Australian Government, Department of Industry, Tourism and Resources: Biodiversity

Management

IFC Performance Standards: Biodiversity Conservation and Sustainable Natural Resource

Management

International Convention on Biological Diversity

Business and Biodiversity Offsets Program

Climate Change

International:

OECD Climate Change

ICMM Policy on Climate Change

UNEP

United Nations Framework Convention on Climate Change

Clean Development Mechanism

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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Environmental Checklist Reference Database

Environmental checklist Relevant guidelines/legislation

Permits and Licences

National:

Ministry of Energy and Minerals

Ministry of Water

National Environmental Management Council

Government Chemistry Laboratory Agency

Tanzania Atomic Energy Commission (TAEC)

Energy and Water Utilities Regulatory Authority

Water Management

(Quality, Quantity/Access and Disposal) National:

EMA , 2004, VPO/NEMC and The Environmental Management (Water Quality

Standards) Regulations

Water Supply and Sanitation Act, 2009, Ministry of Water

Water Resources Management Act, 2009, Ministry of Water

National Environmental Standards Compendium, Tanzania Bureau of Standards

Mining (Environmental Protection for Small-Scale Mining) Regulations, 2010

International:

ICMM Guidance on Water Accounting

IFC EHS Guidelines for Mining p.2

WHO

Australian Government, Department of Resources, Energy and Tourism: Water

Management

Noise & Vibrations

National:

National Environmental Standards Compendium (Tanzania Bureau of Standards)

Occupational Health and Safety Act, 2003, MITD/OSHA

International:

IFC EHS Guidelines for Mining p.13

Waste Management

National:

EMA , 2004, VPO/NEMC

Environmental Management (Solid Waste Management) Regulations, 2009, VPO/NEMC

Environmental Management (Hazardous Waste Control and Management) Regulations,

2008, VPO /NEMC

Mining (Safety, Occupational Health and Environment Protection) Regulations, 2010, MEM

Mining (Environmental Protection for Small-Scale Mining) Regulations, 2010, MEM

Industrial and Consumer Chemicals (Management and Control Act (2003), GCLA

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Geology (Soil and Rock Chemistry)

National:

National Environmental Standards Compendium, Tanzania Bureau of Standards

World heritage sites

ICMM members have committed not to mine/ explore World Heritage sites.

Kondoa Rock-Art Sites (2006); ruins of Kilwa Kisiwani and Ruins of Songo; Stone Town

of Zanizbar (2000); Kilimanjaro National Park (1987); Selous Game Reserve (1982);

Serengeti National Park (1981); Ngorongoro Conservation Park(1978)15

UNESCO

Mine Closure and Rehabilitation

National:

The Mining Act, 2010 and Mining Regulations, 2010

EMA , 2004, VPO/NEMC

International:

ICMM Mine Closure Toolkit

It's Not Over When It's Over: Mine Closure Around the World, 2002, World Bank & IFC

Australian Government, Department of Industry, Tourism and Resources: Mine Closure

and Completion

Australian Government, Department of Industry, Tourism and Resources: Mine

Rehabilitation

Health and Safety

National:

Occupational Health and Safety Act, 2003, MITD/OSHA

The Mining Act, 2010 and Mining Regulations, 2010

International:

IFC EHS Guidelines for Mining p.14

OECD Health Policies

ICMM Health and Safety

IFC Performance Standard: Community Health, Safety and Security

Community Engagement

International:

Australian Government, Department of Industry, Tourism and Resources: Community

Engagement and Development

Australian Government, Department of Industry, Tourism and Resources: Working with

Indigenous Communities

IFC Performance Standard: Indigenous Peoples

ICMM Community Development Toolkit

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

6315 UNESCO World Heritage List

Hazardous Materials

National:

EMA, 2004, VPO/NEMC

The Explosives Act, 1963

The Atomic Energy Act, 2002

Industrial and Consumer Chemicals (Management and Control Act), 2003

Environmental Management (Hazardous Waste Control and Management) Regulations,

2008

International:

IFC EHS Guidelines for Mining p.8

International Cyanide Management Code

Global Mercury Project

OECD Chemical Safety

UNEP: Harmful substances

Australian Government, Department of Resources, Energy and Tourism: Cyanide

Management

Australian Government, Department of Resources, Energy and Tourism: Hazardous

Materials Management

Australian Government, Department of Industry, Tourism and Resources: Managing

Acid and Metalliferous Drainage

Energy Use

National:

Electricity Act, 2008, MEM/TANESCO

Petroleum (Exploration and Production) Act, 2008, MEM/TPDC

Petroleum Act, 2008, MEM/ TPDC

Energy and Water Utilities Regulatory Authority Act, 2001, MEM and MOWI

Rural Energy Act, 2005, MEM/REA

Guidelines for Sustainable Liquid Biofuels Development in Tanzania, 2010, MEM

International:

International Institute for Environment and Development: Mining, Minerals and

Sustainable Development p.250

UNEP Resource Efficiency

IFC Performance Standard: Resource Efficiency and Pollution Prevention

Land Use

National:

Land Acquisition Act 1967

Land Act 1999

International:

International Institute for Environment and Development: Mining, Minerals and

Sustainable Development p.141

IFC Performance Standard: Land Acquisition and Involuntary Resettlement

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IntroductionThe mining sector faces significant challenges, including the

difficulty in communicating the link between investment in the

mining industry and Tanzania’s broader socioeconomic

development, the perceived environmental impact of

operations, strained community relations, and a suspicion

towards the private sector that still characterises many parts of

Tanzanian society and is indicative of the country’s legacy of

socialism. This chapter explores such challenges in more depth.

The government’s main objective is the sustainable

development of the country. Investments in mining should seek

to contribute to this goal and minimise negative impacts on the

environment. The purpose of a government risk assessment or

screening of a potential investor is to ensure that the investor

and investment are compatible with the country’s development

goals. By ensuring this compatibility exists from the outset,

project progress should be facilitated.

Investors, on the other hand, will likely have profit maximisation

as their main objective. However, assurance of long-term profit

requires sustainable development, and it is therefore in a

company’s interest to facilitate the process. Recognising this

many companies have CSR schemes in place and/or disclose

relevant information pertaining to the environment and/or

development in sustainability reports, or similar.

The objectives and motivations of companies will differ case by

case, but some general distinctions may be usefully drawn. One

category of company consists of those that are publicly traded.

In this case, the firm’s goals are often firstly to increase

shareholder value, including that of institutional investors, and

secondly to protect the reputation of the company, the sector

and the countries in which they are based, and operate. Value

in the long term will be determined by the company’s ability to

continue to produce efficiently and at low cost. These business

goals and environmental goals are not incompatible, because

cutting costs through increasing resource efficiency, reducing

liabilities and identifying new business opportunities makes

good environmental sense as much as it does good business

sense. The reputation of any company is based on, inter alia,

past performance in managing social, economic, environmental

and political aspects associated with projects. Information on

publicly traded companies is readily available to governments.

Disclosing some of this information is a legal obligation required

by the stock exchanges on which they are listed, but many

Chapter 6 Challenges forGovernment and Investors

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1 Relationship with Artisanal and Small Scale Miners

One and a half million Tanzanians are engaged in artisanal

mining. In many cases, these citizens were mining long before

the influx of new investors. Such miners often operate close to

large-scale mines, meaning it is difficult to delineate environmental

damage as caused by one or the other, throwing up issues of

accountability and responsibility. As ASMs have fewer resources,

less training and less advanced technology the ways in which

they extract and process minerals can have a detrimental effect

on the surrounding area, whether this is through destruction of

forestry, as in the Eastern Arc Mountain area of Tanzania, or the

use of hazardous materials without due safety measures – for

example ASM use of mercury in gold ore processing.

A further issue relating to ASMs can be fractured relationships

between the larger mining companies and ASMs, either as a

result of a disagreement over land rights issues, or perceived

unfair treatment of ASMs in relation to large-scale miners. Such

tensions can lead to difficult working conditions, and even acts

of sabotage and criminality.

In order to not only mitigate, or prevent, such negative impacts,

but also to leverage opportunities to derive benefits for both

parties, mining companies and incoming investors should look

for ways in which they can work together to sustainably

develop the mining sector. Such collaboration could take the

form of agreements to buy up produce by the large-scale miner,

provision of safety and environmental good practice training,

sharing of tools, and/or investment into wider community

relations programmes. Donor support has been forthcoming for

some of these awareness raising programmes, for example the

UK’s Department for International Development (DFID) support

for AngloGold Ashanti’s awareness-raising programme at Geita.

Barrick currently have a programme targeted at ASMs in the

area surrounding North Mara Mine, through which local miners

have access to financing in order to help them legally acquire

land for mining, training, and the appropriate tools and

technology for their operations. The goal of the project is the

promotion of good relations, the safety of workers and

protection of the environment. Further information can be

found at www.barrick.com.

2 Challenging Media Environment

The media can be hostile towards investors in Tanzania. The

legacy of socialism is evident in the commonplace antipathy

towards private sector activities, and in particular towards large

international corporations. This sentiment is amplified within

some of the media, and thus the news spotlight often focuses

on accidents, cases of non-compliance and negative impacts

generated by the sector, or speculation thereupon, rather than

on the benefits that accrue as a result of the mining sector, such

as the contribution made to GDP and the efforts of several

mining companies to support Tanzania’s broader socio-

economic development.

Mining companies therefore have to be extra cautious to not

only ensure compliance but to communicate this successfully to

others. By being proactive in developing and communicating

company messaging on environmental considerations, they will

be able to exercise greater control over how stories develop.

Strong examples or case studies are needed to ensure the

tangibility of this messaging, and thereby its credibility.

The Journalists Environmental Association of Tanzania (JET)

brings together individuals focusing on environmental matters.

JET is an environmental NGO watchdog, dedicated to raising

public awareness on sustainable management of natural

resources. It was registered in 1991 to collect information on

the environment and sustainable development, and disseminate

this through JET publications and other media. It provides a

forum for people to learn and exchange ideas on environment

and sustainable development, and to disseminate environmental

education and stimulate public debate on sustainable

management of natural resources. WWF has a programme in

place to help develop media capacity throughout the Coastal

East Africa region, and develop journalists’ expertise in reporting

on the extractives sector.

A list of Tanzanian media outlets can be found in Chapter Nine

of this document.

3 Community Relations: Perceptions, Expectations and

Effective Consultation

Local communities often have high expectations as to the

benefits they expect to derive in both the short- and the long-

term from being part of the surrounding community of a mine.

However, there is a low level of awareness as to their rights in

this respect, with particular reference to land ownership. This

can cause considerable issues for mining companies that may

have been granted a licence which locals perceive as being

illegitimate.

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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companies now produce voluntary Sustainability Reports or

similar, such as Barrick’s Responsibility Report and AngloGold

Ashanti’s Sustainability Report. EIAs and site-level reports

produced during the auditing process may also provide further

information, companies so structured thus have shareholder

accountability mechanisms built in and have different pressures

from others on disclosing and accounting for sensitive

environmental issues and/or situations. Consultation of the

Global Reporting Initiative requirements, as referenced in

Chapter Three, may assist companies and governments to

establish a suitable level of disclosure.

Many privately owned companies are also driven by wealth

maximisation for the benefit of the owners. However, this may

be focused on generating maximum cash flow from projects,

rather than maximising net asset value. As these companies are

not generally required by law to disclose the details of their

activities it is generally more difficult for government and other

stakeholders to get information on their policies, priorities and

performance.

State-owned enterprises (SOEs) often have a different primary

objective, which may be to channel revenue to governments or

to serve the strategic interests of government, such as securing

a strategic mineral or metal resource. Alternatively, the objective

could be to serve a specific development need. Generally,

information on SOEs requires government-to-government

dialogue.

Each type of investor presents a different challenge to

government in managing the relationship between investor and

country to ensure benefit is sufficiently leveraged for both.

Challenges for Investors

1 Relationship with Artisanal and Small-Scale Miners

2 Challenging Media Environment

3 Community Relations: Perceptions, Expectations and

Effective Consultation

4 Inadequate Capacity, Facilities and Government

Oversight

5 Implementation Deficit

6 Lack of Data and Information

7 Scope Definition

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Case Study: The “China-Angola Model”

Angola is China’s biggest supplier of oil, alongside Saudi Arabia, exporting over US$15bn worth of oil to China in 2009. Angola

also imports a large amount of Chinese goods, with imports increasing from around US$500mn in 2007 to over US$1.5bn in

2009, making China Angola’s third most important trade partner.

Chinese investment in Angola has increased over recent years following the end of the civil war, with around 450 Chinese firms

operating in the country. Investment represents 20% of credit lines in Angola, most of which are for projects at least ten years in

duration and targeted at improvement and development of public works, including the construction of new cities such as

Kilamba Kiaxi.

Many of these large investments represent a different development modality and/or template for investment referred to as the

“China-Angola model”. Under this model concessional loan structures are used in which infrastructure is provided in exchange

for resources and/or the right to explore and extract resources. However, this framework raises some uncomfortable questions

regarding transparency in the extractives industry, as trade-offs are difficult to quantify at the point of negotiation and do not

represent figures that can be disclosed and easily compared to the relative benefit that will be accrued to China from the

resources extracted. This could allow the investor to achieve high returns over a long period, in exchange for the discrete

infrastructure projects undertaken.

Although this model is helping Angola to build much-needed infrastructure, few employment opportunities have been created

for Africans and only limited skills transfer has occurred, thus fuelling speculation on the relative contrast between the long-term

benefits to be accrued by each party.

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facilities to support mining companies in efforts to achieve best

practice. Shortages or deficiencies can include everything from

limited access to energy and water to a lack of recycling

facilities. These factors potentially present a further barrier to

company efforts to perform environmentally, and can result in

negative reputational impact for the company, as well as

damage to the environment. However, such deficiencies also

present the investor with an opportunity to implement systems

based on international best practice and/or beyond compliance

methods.

To address this issue, incoming investors need to be aware of

the disconnect between understanding and expectation of the

sector at different levels within government. Mining companies

can work to support the development of government capacity

in order to allow them to better fulfil the oversight role.

However, this must be done sensitively and strategically so as

not to compromise government’s ability to stand in objective

oversight of the sector. The ICMM has produced a Community

Development Toolkit which investors might find instructive in

this respect. Additionally, the CommDev Group, or Oil, Gas and

Mining Sustainable Community Development Fund, funds

capacity building, training, technical assistance, implementation

support, awareness-raising and tool development mechanisms,

and promoted trilateral partnerships between communities,

local governments, and extractive industry companies.

Several steps have been taken to address these issues, such as

the creation of the TMAA to lead the monitoring and auditing

function, with an MOU to share information with NEMC.

5 Implementation Deficit

The above identified that inadequacy of resources, facilities,

oversight and government experience lead to an

implementation deficit regarding sectoral regulations. The

government, with donor support, is continually evaluating its

own performance in implementing the standard environmental

policies, regulations, and procedures that it has in place, and

works to strengthen them where necessary.

Implementation and government capacity is important because

risk assessment does not solely relate to the policies and

practices of inward investors; it also relates to the ability of

government to adequately manage and respond to the risks

posed by a company and an investment.

However, it is a matter of course for a company to state as a key

objective that it will comply with host country legislation. This is,

however, not particularly challenging as it is a non-negotiable.

No company is going to go into a country with a stated aim of

not complying with the host countries legislation. Any investor

genuinely committed to contributing to the growth and

sustainable development of Tanzania should set challenging

objectives of exceeding compliance, which will provide

competitive advantage to those companies operating from, or

supplying into, consumer-conscious and competitive markets.

The costs of efforts beyond compliance and attention to detail

in EIAs in the planning stage, regularly reduce the need for later

re-engineering and repair.

In order to protect against reputational and environmental

damage in this respect mining companies need to be proactive

in developing their internal policies, standards of practice and

where national regulation is missing or insufficient, consider

adopting international standards in their stead. They also need

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‘Insufficient understanding of the nature of the mining

industry itself, including the timeframe in which benefits

may be realized, can lead to unrealistic expectations on

the part of communities, civil society and governments.’

Research Report: Stakeholder Perceptions and Suggestions

Responsible Mineral Development Initiative, 2010

World Economic Forum

Poor community relations can lead to severe disruption and

even be a catalyst of environmental damage itself, as sabotage

efforts can destroy safety mechanisms, such as linings in tailings

dams. Environmental damage can also be a catalyst for

worsening community relations, and therefore it is clear that

efforts by mining companies should pay due consideration to

both environmental and social conditions, in order to have an

effective strategy. Whilst several mining companies have

extended the provision of local services and structures, such as

healthcare and electricity, to the surrounding community, there

is a danger that the expectation becomes that mining

companies should always fulfil these functions, meaning that

where service provision is lacking or inadequate, blame is laid at

the feet of the mining company rather than with government.

African Barrick Gold has experienced particular difficulties with

the local community at North Mara Mine, which has resulted in

a number of people vandalising the mine site and ABG property.

In order to meet the above challenge, it is necessary for mining

companies to invest in effective consultation programmes.

4 Inadequate Capacity, Facilities and Government

Oversight

Another characteristic of the mining sector in Tanzania is the

inadequate capacity at various levels of government. While

NEMC lead the EIA process they have limited time and resources

for follow-up procedures and monitoring, meaning oversight is

prioritised in a reactive, and rarely proactive, manner.

This is detrimental to investors in the long-run who, for

reputational and environmental reasons, would benefit from the

oversight and validation of their mining operations by

government on a regular basis in order to boost their legitimacy

in the eyes of local stakeholders. It also creates a further reason

why investors should seek to ensure their actions meet

international standards and that consultants employed for the

EIA and auditing processes fully understand how to identify and

address environmental issues to this level. Financial institutions

which subscribe to the Equator Principles require a peer review

of impact assessments for mining projects before financing can

go ahead for all category A, and appropriate category B,

projects. Where the underlying work in the EIA is of an

appropriate quality the review is a straightforward process. If

the impact assessment work is inadequate, the review and

subsequent monitoring, including site visits, will add extra cost,

time delays and a frustration factor to the process, and will

likely increase the risk premium

Whilst Tanzanian legislation gives Local Government a

significant role in the supervisory process there is little training

and education at this level, and insufficient effort to ensure

Local Government and communities’ understanding of the

various rights and obligations pertaining to mining companies

and surrounding communities are aligned with those of national

regulatory bodies and government. The comparatively short

history of large-scale, multi-national operations in Tanzania

means that the level of institutional experience of dealing with

the mining sector is limited.

Alongside the dearth in government capacity sits a shortage of

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Case Study: Mining Companies and Civil Society

Building a Sustainable Community Development

Framework in Guinea

(Chamber of Mines, the World Bank, IFC, and others)

As a result of increasing development and exploitation of

mines and associated plants and facilities, this initiative seeks

to evaluate the experiences in Guinea through the diagnostic

experiences of six industrial operations, their developmental

impacts and lessons from successes and constraints on these

projects. Referencing international best practice in community

development associated with mining, and in particular with

bauxite, this initiative seeks to provide a tool to government

and private mining companies to increase the benefits for the

local population. Thorough consultation will be conducted

between communities, mining companies and appropriate

civil society groups. The initiative is expected to provide a

basis for the implementation of an improved community

development framework for the mining sector.

Work cited: www.commdev.org/section/projects/

framework_sd_guinea

Case Study: Participatory Environmental Monitoring at

Marlin Mine in Guatemala

Montana, World Bank and IFC

After the expression of concern by the people over the state

of the mine’s environmental impact, tensions arose between

the mining company and the community. Local water supplies

were especially at risk and in the past, Montana has tried and

failed to establish a community monitoring program as

mandated by the EIA. As a result, Montana initiated the

launch of a Community Environmental Monitoring

Association that would independently validate the

environmental impact of the mine. After thorough

consultation with the mine site’s surrounding communities

and other relevant stakeholders, a Community Environmental

Monitoring Committee was created and the first meeting

took place on September 17, 2005.

Commdev has reported that the project has “overcome early

scepticism” and “developed into an important mechanism in

the communities surrounding the mine, and the inhabitants

view it as the primary source for dealing with and responding

to environmental concerns.”

Source: www.commdev.org/section/projects/

participatory_environmental_mo

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implement particular aspects of the decisions that had

been taken. Such situations are inherently conflicted and

can only be resolved if there is the highest possible levels

of understanding of the problems of individuals as well

as high-quality communication between all relevant

authorities who have responsibility for the enforcement

actions. This seems to have been absent in some of the

high profile cases of the past.”

Resource Endowment Initiative: Tanzania Case Study

ICMM, July 2007

3 Facilitate Collection of Data and Information

In order to increase the ease with which investors can identify

and understand opportunities in the mining sector, government

needs to address the dearth of relevant information and data

available. Not only does this lack of information constrict

investor attraction, but it also means that any projects and plans

that do develop are less likely to be sensitive to the

environmental specificities of the Tanzanian context. Resultant

issues and challenges are, therefore, less likely to be identified

early on in the project, limiting opportunities for mitigation or

openings for generating beneficial impacts. The GST was

established with the purpose of obtaining, updating and storing

information and data relating to the mineral resource industry.

However, the government still has a responsibility to drive

efforts in this field, and to ensure both the accessibility and the

availability of information.

4 Sectoral Education and Awareness Promotion

The government should raise awareness of the mining industry

amongst the general population, and in particular aid people to

understand the regulatory context in which companies operate

and the rights communities have in relation to mine sites and

operations.

5 Drive Improvements in the Regulatory Environment

Although Tanzanian regulation covers the consideration and

incorporation of environmental considerations into the

application for mining licences and operations, regulation is still

in its infancy compared to other mining economies. Tanzania

has a lot to learn from the regulation developed and employed

in other countries, such as Norway, where mining companies

are only able to borrow land and not to own rights to it. The

government also has a responsibility to ensure EIAs are

understood as Environmental and Social Impact Assessments

(ESIAs), in order to ensure social issues are given due

consideration, and the importance with which they are held is

strongly communicated to the investor.

6 Promote Early Consideration, Assessment and Action

The key to successful incorporation of environmental

considerations is to ensure this happens early on in the process.

Government can promote early consideration by addressing the

above challenges.

7 Externality Costs

Government needs to ensure that externalities are properly

accounted for in project planning, approval, and monitoring.

Areas of particular difficulty, but vital importance, in this respect

include climate and water, the indirect impacts and knock-on

effects of operations upon not always being easily identifiable

or quantifiable.

8 Corruption

Tanzania ranks 116 out of 178 in the Transparency International

Corruption Perception Index, and corruption presents a serious

threat to the country’s future development as a barrier to

efficiency and transparency. Tanzania is also ranked third, out of

Burundi, Uganda, Rwanda, Kenya and Tanzania, in the East

African Bribery Index in 2011, with its police force appearing on

the list of the ten most bribery-prone institutions. Tanzania

scored 31.6%, up from 28.6% in 2010, whilst the worst

offender, Burundi, scored 37.9% and Rwanda scored just 5.1%.

Amongst the five countries, Kenya and Rwanda were the only

ones to see an improvement in their 2011 score from 2010.

Corruption is a barrier to the good governance necessary for

successful management of the environment and a country’s

natural resources, and represents lost revenue for sustainable

development.

Several efforts to tackle corruption have been made, including

the Presidential Commission of Inquiry Against Corruption in

1996, following which a National Anti-Corruption Strategy was

prepared, requiring all institutions to devise action plans with

the Good Governance Coordination Unit of the President’s

Office coordinating activity. The Tanzania Corruption Tracker

System provides more information on the current state of

corruption and attempts to combat it.

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

71

to be cautious to ensure cumulative and indirect impacts are

accounted for that may not be fully understood in the initial EIA.

Several companies currently operating in Tanzania have adopted

international standards of best practice, which they use in

conjunction with national regulations and requirements, such as

the AngloGold Ashanti’s Geita Gold Mine. In this instance

whichever is the most stringent applies to the company’s

operations. Barrick utilise their own Environmental Management

System Standard which they developed in 2005 and goes beyond

the requirements of ISO 14000. Barrick was ranked a global

leader in CSR in 2010 by the Dow Jones Sustainability Index.

6 Lack of Data and Information

There is a lack of information and/or data that presents further

difficulty for investors in fully understanding proposed mining

operations, both in terms of actual/potential cost and profit, as

well as in terms of environmental impact. The absence of good

baseline studies and data increases the challenge facing

environmental consultants and investors to fully understand the

extent of the risks that they face, and later on the impact that

their operations have had.

New international tools are being developed to increase

capacity in this respect; detailed maps of conservation areas,

endangered species and biodiversity hotspots, for example, and

the GST is responsible for developing capacity on a national

level. By producing good EIAs mining companies can both

benefit from and contribute to this international resource, and

although the lack of data and intelligence may be frustrating to

incoming investors, it represents an opportunity to provide a

positive contribution. Inevitably, this results in a bigger

responsibility for the investor when assessing the environmental

context and potential impacts of their planned operations.

Challenges for Government

1 Inadequate Capacity at all Levels

2 Clear Allocation of Responsibility

3 Facilitate Collection of Data and Information

4 Sectoral Education and Awareness Promotion

5 Drive Improvements in the Regulatory Environment

6 Ensure Early Consideration, Assessment and Action

7 Externality Costs

8 Corruption

1 Inadequate Capacity at all Levels

A key priority for the government should be to target current

inadequacies in capacity and ensure that the relevant

institutions have the appropriate capacity and resources to

properly fulfil their role. In this way they can ensure the full

benefit to Tanzania, that development is leveraged by sectoral

operations, and that a minimum standard for environmental

performance exists and is universally applied. Current

inadequacies in capacity not only lead to negative

environmental impacts, as government agencies are called in

too late, when damage has already occurred, but this issue also

impacts upon Tanzania’s reputation as a potential investment

destination. If multi-nationals and foreign investors are

concerned they might suffer reputational issues as a result of

deficiencies in government capacity, they will be less inclined to

invest. Inadequate capacity also undermines the government’s

ability to hold companies to account, and reflects poorly on

their own abilities and competence. The government must

therefore reconsider its resource allocation to oversight bodies

such as the NEMC, as well as how it can work with partners

such as the World Bank and industry actors to meet the

challenge.

2 Clear Allocation of Responsibility

Another element causing difficulty and confounding investors, is

the allocation of responsibility. This is an issue that applies at

and between the national, regional and local levels. These

relationships should be made more readily understandable to

investors, and government should ensure that while power and

decision-making may be devolved (a useful arrangement where

regional areas experience differing environmental contexts),

there is an aligned, over-arching strategy within which individual

bodies understand both their own and others’ responsibilities.

This also entails co-operation and alignment with regard to

policies that have a cross-sectoral impact, particularly on issues

of high sensitivity, such as land rights. The mining companies

then have a strong responsibility to undertake stakeholder

engagement at all levels. Government should also ensure that

penalties for non-compliance are better communicated and

enforced, and that they are understood and respected.

‘It seems likely that many of the problems with ASMs that

have arisen in the past derived from a poor level of

communications as between the high level decision

makers who were dealing with the mining companies and

the local officials including the police who needed to

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IntroductionInvestors and government should ensure the following

processes are initiated and/or enacted during the early stages of

the investment process:

1 Research and due diligence by which the environment and

related regulation is properly understood, and areas where

the proposed project may result in environmental impacts

are identified.

2 Application of company level standards to the Tanzanian

context that should be in compliance with national

regulations and standards, and in line with international

standards as identified in this document.

3 The opening of a dialogue with national and local

stakeholders.

4 Payment of taxes.

5 Environmental protection measures are identified and

proposed.

6 The EIS, EMP and MCP in which all actions meet company

and national standards at a minimum.

7 The obtaining of certification.

8 Undertaking due monitoring and auditing of environmental

impacts.

9 Regular reviewing of EIS, EMP and MCP.

Checklist for Government and InvestorsIn order for an investor to have fully understood and planned

for environmental considerations, the below need to have been

addressed:

Environmental

4 Water quality, quantity and access/hydrology and

hydrogeology

4 Noise and vibrations

4 Air quality

4 Biodiversity/flora and fauna (availability and management)

4 Climate change (impact on local natural resources and

communities)

4 Hazardous materials/chemicals management

4 Energy use

4 Land use

4 Cultural heritage sites and protected areas

4 Rehabilitation and closure

4 Waste management

4 Geology/soil and rock chemistry

Social

4 Displacement

4 Disturbance

4 Community relations and consultation

4 Relationship with artisanal miners

4 Shared benefits

4 Local employment and economic diversification

4 Labour rights

4 Occupational and community health and safety

Process

4 Stakeholder engagement and consultation

4 Licences and permits

4 Training with reference to environmental and social issues

4 EIA

4 EMP

4 MCP

4 Posting of Environmental Performance Bond (EPB)

4 Incident reporting process

4 Monitoring and auditing of progress as relating to standards

and requirements

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

Chapter 7 Key Checkpoints

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IntroductionThe assessment of the potential social, environmental, economic

and political risks posed by exploration and mining companies

consists of several facets:

• Government needs to ascertain the policies and practices

espoused by a company and its leadership and evaluate the

strength of their commitment to environmental

responsibility. It has to establish monitoring process to alert

it to any changes that may occur in these policies or

practices.

• Government needs to assess the authenticity of the

company’s claims in practice by checking their performance

in other investments in other countries. Wherever possible

this should be in countries with similar circumstances of

regulatory implementation deficit.

• There may also be specific factors to be considered related

to the company and the investment proposal. Clearly, the

recent surge in investors from BRICS countries has diversified

the nature and business culture of potential investors,

making it increasingly important for government to verify

the sincerity of their environmental commitment and

authenticity of feasibility studies and other technical reports,

and confirm that they have been prepared by professionals

with international credibility.

A simple screening procedure could help to level the playing

field amongst diverse potential investors, and clearly

communicate to them government expectations in terms of

environmental commitment and performance standards.

There are several different approaches to screening that exist,

such as all or nothing; proportionate impact, best of industry,

primary vs. secondary involvement; actual vs. potential

problems. Each has its merits and demerits, and the system

proposed below seeks to draw the positive aspects from the

above in a way that is appropriate to the context of mining in

Tanzania.

Chapter 8 Towards an InvestmentScreening Process

75

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Why is Screening Important?

• To identify and exploit environmental opportunities.

• Identify and manage environmental risks

• Ensure consistency with other sector policies and

international and national commitments.

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To complement the screening procedure a series of questions are listed that slot into certain stages of the screening process. An

indicative checklist of questions is provided here.

B. Government evaluation of potential environmental scenarios and sensitivities of the proposed location and

surrounding area.

• Does the proposed location of investment include any area currently under some form of protection?

• Is the proposed location of investment home to any protected or endangered species?

• Does the proposal potentially conflict with any land rights issues?

• How many, and which communities will need to be consulted?

C. Investor submission of identified environmental risks and opportunities and proposed actions to avoid, mitigate

and ameliorate the former and maximise the latter

• What are the potential risks to the environment of the proposed investment?

• Are these risks reversible?

• What are the potential knock-on and cumulative impacts?

• What are the potential positive environmental impacts, or opportunities to generate positive environmental outcomes?

• What risk reduction actions can be undertaken to ensure potential environmental risks are managed?

• What actions can be undertaken to ensure that potential environmental benefits are maximised?

• Which communities will need to be considered in developing the investment proposal, and how will the consultation process

proceed?

• In what ways might offsetting be used to compensate for potential unavoidable negative impacts?

• What proposed training will be undertaken, and expertise sought should the investment proceed?

• Which stakeholders will be consulted and what is the process for consultation?

• Who is responsible for oversight of the above identified actions?

E. Government research into company commitments, track record and disclosure

• Does the company have internally developed standards on environmental issues, transparency, community relations and CSR?

If so, what are they?

• How do company standards compare to internal standards?

• What international mining and/or environmental standards is the company signatory of?

• What information does the company disclose and where?

• What is the company’s track record in terms of environmental performance?

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

77

This section contains a draft investor screening system that can serve as a basis for discussion with the Government of Tanzania and

other stakeholders.

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7614 This template is also applicable to companies already operating in Tanzania and expanding their operations.

Key Points on the Environmental Screening Process at the Investment Appraisal Stage

1 Consider Environmental issues early.

2 Screening is an essential first step to identify risks and opportunities and determine the level of detail of any further studies.

3 Ensure issues identified are reflected in the relevant investment documentation.

4 Recognize that environmental assessment is an iterative process- with new issues arising frequently.

5 Monitoring is important to ensure opportunities and risks raised during screening and design are managed effectively.

Actions likely to follow on from the Screening Process:

• No further action is needed if no significant environmental issues were identified.

• Identified environmental risks and opportunities will need to be managed to ensure the investment is sustainable.

• Identified need for further studies to inform subsequent decisions and to help shape the TORs for the EIA.

• Allocation of staff responsibility and accountability for follow up actions.

• Decision that the proposal is inappropriate: if a serious risk or incompatibility has been identified then the recommendation

should be that the investment does not gain approval in its current form.

Draft Proposed Investment Screening Process

A

B

C

D

E

F

Investor submits proposal

Government and Investor dialogue on potential environmentalcharacteristics and sensitivities of the proposed investment

and its locale

Government evaluation and review of proposal

Government research into company

Government requests any further information or details required from the investor

Investor submission of identified environmental risks andopportunity scenarios and proposed actions to avoid, mitigate

and ameliorate the former and maximise the latter

Approval given with recommendationsand/or health warnings

RejectionApproval

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GovernmentGovernment has a responsibility to ensure the responsible

development of the mining sector. Part of this responsibility lies

in promoting, supporting and enabling its sustainable growth so

that Tanzania can benefit from the number of positive resulting

impacts, such as the contribution to GDP, employment, and

infrastructure development.

Specific responsibilities include:

• Providing support and information to investors.

• Leading efforts towards capacity development.

• Promoting awareness of and educating people in

community rights with respect to mining operations, thus

enabling them to better negotiate agreements with

investors to the benefit of both parties.

• Infrastructure development.

• Service provision.

Profiles of relevant government actors and bodies can be found

in Chapters Two and Three, and contact details can be found in

Annex Two.

Civil SocietyCivil society has a vested interest in supporting the mining

sector, in order to help ensure sustainable development is

advanced in an equitable manner that fairly represents the

wants and needs of citizens.

In particular, civil society should seek to do the following:

• Help hold industry and government to account against their

commitments and promises.

• Ensure investors have a fair hearing in the case of any

disputes.

• Support incoming investors by providing them with

information, thus enabling them to understand the

operating context and how their operations might pose a

threat, or an opportunity to benefit, environment and

society.

Civil Society Organisation (CSO) capacity to effectively engage in

dialogue in Tanzania is low. However, several initiatives are

underway to help develop capacity in this sector. For example,

the EITI implementation process includes in-depth CSO capacity

development to encourage a full multi-stakeholder dialogue.

Norway provides financial support for CSO development,

especially in connection with the oil and gas sector.

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Chapter 9 Roles and Responsibilities

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Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

81

Approximately 370,000 Tanzanians belong to a trade union,

with the Trade Union Congress of Tanzania (TUCTA) acting as

an umbrella organisation. The Trade Union Act of 1998 made

trade unions independent from government and permits any

group of twenty workers or more to create a union, providing

registration is approved by the Registrar of Trade Unions.

A list of relevant CSO organisations in Tanzania can be found in

Chapter Three and contact details can be found in Annex Two.

Industry Mining companies must acknowledge that their responsibilities

extend beyond immediate project operations, and recognise

that by constructively engaging with surrounding communities

they will benefit in the long run from less conflict and fewer

reputational issues; and, that in supporting government to

monitor and regulate the industry they can help themselves to

clearly demonstrate compliance.

Specifically, industry should look to do the following:

• Support efforts to collect industry data.

• Be transparent in operations and planning, and promote

transparency through disclosure.

• Share experience and insights.

• Find ways to collaborate and work with local communities

and artisanal miners.

• Seek out pro-poor initiatives to support.

• Explore local procurement opportunities in the interest of

helping develop Tanzania’s small business sector.

Key industry figures are identified in Chapter Two.

MediaThe media can play a responsible and supportive role to

government, industry, and society in covering industry

developments in a way that is factual and sensitive to the goal

of sustainable sectoral growth, and maximisation of benefits to

the country.

Media should contribute through:

• Holding individuals and organisations to account for the

management of public goods.

• Promoting awareness of industry rules, regulations and

impacts.

• Promoting instances of best practice.

• Applying pressure on those who fail to meet established

standards.

• Giving a fair hearing to investors.

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Tanzanian Media Outlets

English Dailies Swahili Dailies Weeklies Radio Stations Television Stations

Daily News Habari Leo The East African Radio Free Africa TBC1

The Citizen Mwananchi Business times Radio One ITV

The Guardian Nipashe The Express RadioUhuru Clouds TV

The African Mtanzania Rai TBC Taifa EATV

Jambo Leo Mwanahalisi TBC FM Channel 10

Tanzania Daima RaiaMwema Clouds FM Star TV

Magic FM

East Africa Radio

Capital Radio

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Complying with the law in the host country is non-negotiable. It

is, after all, the minimum standard by definition. Some

companies also agree to abide by the legislation of their country

of origin or the requirements of the stock exchanges on which

they are listed. In the Internet age, the legal penalties may not

always be as significant as the impact on the reputation of

transgressors. It is also to the investor’s advantage to ensure

international standards are demonstrably adhered to, in order to

ease the process of project financing, which may otherwise

become delayed and frustrated.

“EITI will help build trust among Tanzania’s public and

reduce their scepticism about the role and contribution of

the extractive sector in their socio-economic well-being.

And, if, the practice of corporate social responsibility is

observed, more trust will be engendered between

investors and the people living around the mining

operations, because both of them will be benefiting.”

President Kikwete

Speech at the EITI International Conference, Paris, 2011

Reputations are best served by aiming at standards beyond legal

compliance, and this Guidance seeks to encourage government

to identify and favour companies which surpass the minimum

legal requirements in their investment decisions, as it is these

companies that will best serve the goal of sustainable

development.

One way to ensure mining operations meet national and

international environmental standards and to enable companies

to reach best practice is through the acknowledgement and

publication of good practice case studies. Below are some

examples in addition to those provided throughout this

document, with links to further information.

• 2010 Green Mining Award winner AfriSam's CO2

Footprinting Initiative

• Joint winner of socio-economic category in the 2010 Green

Mining Awards: Exxaro Zikulise SME development and skills

training centre

• Joint winner of socio-economic category in the 2010 Green

Mining Awards: Lonmin Plc Eastern Cape Province

infrastructure project

• Winner of the Sustainability category: E Oppenheimer and

Son and De Beers Consolidated Mines Diamond Route

Project

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Chapter 10 “Beyond Compliance”Case Studies

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Acts of Parliament and Regulation:The Explosives Act, Parliament of Tanzania, 1963

The Antiquities Act, (amended 1979), Parliament of Tanzania,

1964

The Road Tolls Act, Parliament of Tanzania, 1966

Land Acquisition Act, Parliament of Tanzania, 1967

The Graves (Removal) Act, Parliament of Tanzania, 1969

The Stamp Duty Act and The Stamp Duty (Validation) Act,

Parliament of Tanzania, 1972 and 2000

The Customs Tariff (Amendment) Act, Parliament of

Tanzania, 1976

National Promotion and Protection Act, Parliament of

Tanzania, 1990

Finance Bill and Amendment, Parliament of Tanzania, 1992

The Financial Laws (Miscellaneous Amendments) (No.27),

Parliament of Tanzania, 1997

The National Social Security Fund Act, Parliament of

Tanzania, 1997

The Land Act, Parliament of Tanzania, 1999

The Village Land Act, Parliament of Tanzania, 1999

The Forest Act, Parliament of Tanzania, 2002

The Industrial and Consumer Chemicals Act, Parliament of

Tanzania, 2003

Occupational Health and Safety Act, Parliament of Tanzania,

2003

The Employment and Labour Relations Act, Parliament of

Tanzania, 2004

The Environmental Management Act, Parliament of

Tanzania, 2004

The Income Tax Act, Parliament of Tanzania, 2004

The Water Supply and Sanitation Act, Parliament of

Tanzania, 2009

The Mining Act, Parliament of Tanzania, 2010

The Mineral Policy of Tanzania, Government of Tanzania,

2009

Land (Compensation Claims) Regulation, 2001

The Mining (Mineral Beneficiation) Regulation; The

Mining (Environmental Protection for small-scale miners)

Regulation; The Mining (Mineral Rights) Regulation ; The

Mining (Radioactive Minerals) Regulation; The Mining

(Safety, Occupational Health and Environmental

Protection) Regulation, 2001

Government of Tanzania Policies and PlansThe National Environmental Policy, Vice President’s Office,

1997

The National Poverty Eradication Strategy, Vice President’s

Office, 1998

The National Investment Promotion Policy, President’s

Office, 1996

Agriculture and Livestock Policy, Ministry of Agriculture and

Cooperatives, 1997

National Forest Policy, Government of Tanzania, 1998

National Biodiversity Strategy and Action Plan

International Guidance and InitiativesPlanning for Integrated Mine Closure Toolkit, ICCM, 2008

Good Practice Guidance for Mining and Biodiversity,

ICMM, 2006

Good Practice Guide: Indigenous Peoples and Mining,

ICMM, 2010

Planning for Integrated Mine Closure: Toolkit, ICMM, 2008

Guidance on Water Accounting, ICMM

Resource Endowment Initiative: Tanzania Country Case

Study, ICMM, 2007

It's Not Over When It's Over: Mine Closure around the

World, World Bank & IFC, 2002

IFC Performance Standards, IFC

Environmental, Health and Safety Guidelines, IFC, 2007

Environmental, Health and Safety Guidelines for Mining,

IFC, 2007

Responsible Mineral Development Initiative,World

Economic Forum, 2010

Environmental Management of Offshore Oil

Development,WWF, 2008

Minerals, Mining and Sustainable Development,

International Institute for Environment and Development (IIED)

A Guide to Leading Practice Sustainable Development in

Mining, Australian Government, Department of Resources,

Energy and Tourism, 2011

Principles of Environmental Impact Assessment,

International Association for Impact Assessment (IAIA)

Africa Mining Vision, African Union, 2009

Berlin II Guidelines for Mining and Sustainable

Development, United Nations, 2002

Dodd-Frank Wall Street Reform and Consumer Protection

Act, US Congress, 2010

Toronto Declaration

Equator Principles

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

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The ICMM website contains a number of case studies,

particularly concerning biodiversity, from across the globe at

different stages of the mining project, it includes the following:

• BHP Billiton Community Engagement Policy

Requirement

This case study sets out the requirement for communication,

consultation and participation with local communities;

business conduct, human rights and indigenous affairs;

incident reporting and investigation; and crisis and

emergency management.

• Minerals and Metals Group (MMG) Initiative to support

crocodile conservation

MMG formed a partnership with the Government of the Lao

PDR Wildlife Conservation Society and utilised funding from

its environmental and biodiversity offset programme to

support an initiative to protect the crocodylus siamensis

species which is listed by the IUCN as a critically endangered

species.

• Alcoa’s Carbon Capture Process

Through mixing CO2 into the bauxite residue of aluminium

production Alcoa has developed a carbon capture

technology process which enabled it to not only reduce

emissions but to transform waste into a value-added

resource.

One further, much rewarded case study in Kenya is the 35 year

old Bamburi Cement Quarry rehabilitation showcase. In a

worked out limestone quarry adjacent to the Lafarge cement

plant this project has a complex that incorporates a Nature

reserve, fish farm, forest trails, game farming, mangrove

protection scheme, bio fuel project and crocodile farm.

The Tanzania Chamber of Minerals and Energy (TCME) also has

a number of good environmental practice case studies from

amongst its members.

• The Golden Pride Tree Nursery operated by Resolute

• African Barrick Gold (ABG) runs training and capacity-

building initiatives in areas including agriculture, carpentry

and artisanal mining.

• ABG also has a microfinance programme in partnership with

leaders across 13 villages, which is used to invest in local

development projects.

Finally, there are several examples of best practice in developing

operational toolkits or systems for assessing and/or managing

wider issues. For example, Anglo American have developed a

“Socio-Economic Assessment Toolbox”, which sets out a

comprehensive process for assessing socio-economic factors at

all stages of the mining process that represent international best

practice in sustainable community development. Such a process

not only helps to align efforts made across Anglo American

operations, but also supports the company’s reputation in the

eyes of key stakeholders.

“It shows the village that we are taking [development]

seriously and want to have a positive relationship with

the community.”

Managing Director, Anglo Subsidiary, China, SEAT, 2007

Resources

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The Project Methodology

Through consultation of stakeholders, experts and current

international and national best practice and best practice

guidelines this document provides guidance to facilitate the

integration of environmental considerations into the mining

industry in Tanzania.

This document has been produced through a combination of

research, and stakeholder engagement and input. Using

international and national case studies and examples of best

practice WWF and TCME have consulted a range of actors, both

within and externally to Tanzania, to gather information, input

and develop a draft guidance document which has then been

circulated amongst a reference, oversight and consultation

group for feedback and comment before producing the final

document. The process has included dialogue with mining

companies, Government officials, and international actors from

development and private investment perspectives.

Acknowledgements

The authors would like to express their thanks to the Tanzanian

and International reference panel and others who have

contributed to the development of the Guidance with their

expertise and insights. Our discussions and research has

involved outreach to organisations and individuals, including,

but not limited to, the following:

Tanzania Minerals Audit Agency

International Council on Mining and Metals

Andrew Parsons, Environmental Policy Advisor, AngloGold Ashanti

Chacha Magige, Health and Safety Officer, Geita Gold Mine

Clara Makenya, Country Officer for Tanzania, UNEP

Denis Maringo, Executive Director, Centre for Justice and

Democracy

Gareth Taylor, Chief Executive Officer, Shanta Mining Company

Ltd

Gidion Kasenge, Head of the Environmental Management Unit,

Ministry of Minerals and Energy

I.A. Mchallo, Head of EIA, National Environment Management

Council

Jared Duhru, Senior Development Officer, CIDA

Karin Ireton, Director Group Sustainability Management,

Standard Bank

Kevin D’Souza, Director Community Relations, Barrick Global

Korodias Shoo, Environmental Manager, Barrick Gold

Li Nan, Trade and Investment Program Officer, WWF China

Mark Ekstein, Managing Director, International Finance, WWF-US

Merja Makela, Counsellor Natural Resources, FINNIDA

Nigel Beck, Head: Environmental, Mining, Energy and

Infrastructure Finance, Corporate and Investment Banking,

Standard Bank

Patricia Mhondo, Investment Promotion Manager, Tanzania

Investment Centre

Rebecca Stephen, Environmental Superintendent, Geita Gold

Mine

Roman Novozhilov, Senior Environment and Social Development

Specialist, IFC

Semkae Kilonzo, Policy Forum, Tanzania

Wilson Mutagwaba, Managing Director, MTL Consulting

Company Limited

The listing of these organisations should not be taken as an

endorsement of the document or any of the details here

contained, and feedback provided by individuals should not be

taken as representative of that organisation’s position.

Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

ANNEX 1

87

OECD Health Policies

Africa Atlas, UNEP, 2008

International Cyanide Management Code

Strategy for African Mining, Mining Unit, Industry and

Energy Division, World Bank Technical Paper Number 181, 1992

International Institute for Environment and Development:

Mining, Minerals and Sustainable Development

Country Assessments or CommentaryThe Extractive Resource Industry in Tanzania, Society for

International Development (SID), 2009,

Mining in Tanzania- What future can we expect?, ICMM,

2009

Performance of EIA in Tanzania: An Assessment,

International Institute for Environment and Development (IIED),

1998

The Political Economy of the Investment Climate in

Tanzania, Cooksey and Kelsall, 2011

The Investment and Business Environment for Gold

Exploration and Mining in Tanzania, Cooksey, 2011

Tanzania in Figures 2010, National Bureau of Statistics, 2011

Other:Socio-Economic Assessment Toolbox, Anglo American, 2007

The Socio-Economic Impact of Newmont Ghana Gold

Limited, Professor Kepstein, 2011

Environmental Law Handbook for Businesses, AGENDA for

Environment and Responsible Development and Lawyers’

Environmental Action Team, LEAT

UNEP/UNDP Joint Project on Environmental Law and

Institutions in Africa: The East African Sub-Regional

Project, UNEP/UNDP, 1999

Tanzania Investment Guide: 2008 and Beyond, Tanzania

Investment Committee (TIC), 2008

AngloGold Ashanti Annual Report 2010: Sustainability

Report, 2011

Responsibility Report, Barrick, 2010

Report of the Presidential Mining Review Committee to

Advise the Government on Oversight of the Mining

Sector, 2008

Bomani Report, 2008

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NEMC National Environmental Management Council Regent Estate +255 222 774 852

Plot No. 29/30 +255 222 774 889

Dar es Salaam [email protected]

P.O. BOX 63154

Tanzania

TCME Tanzania Chamber of Minerals and Energy PO Box 13369 +255 222 601 214

Plot No: 1119

Chole Road

Msasani Peninsula

Dar es Salaam

Tanzania

OECD Organisation for Economic Co-operation 2, rue André Pascal +33 145 248 200

and Development 75775 Paris Cedex 16

France

STAMICO State Mining Corporation Plot No: 417/418 United Nations Road +255 222 150 029

P.O. Box 4958 [email protected]

Dar es Salaam

Tanzania

TANAPA Tanzania National Parks Tanzania National Parks +255 272 504 082

P.O. Box 3134 +255 272 503 471

Arusha [email protected]

Tanzania

Tanzania Bureau of Standards Ubungo Area +255 222 450 298

Morogoro Road/Sam Nujoma Road +255 222 450 200

P.O. Box 9524 +255 222 450 949

Dar es Salaam [email protected]

Tanzania

TAWIRI Tanzania Wildlife Research Institute P.O.Box 661 +255 272 549 571

Arusha [email protected]

Tanzania

TIC Tanzania Investment Centre Tanzania Investment Centre +255 222 116 328-32

Shaaban Robert Street [email protected]

P.O. Box 938

Dar es Salaam

Tanzania

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Key Actor Contacts

Organisation Address Contact Number

Directorate of Environment Environment Division +255 222 116 995

Luthuli Street

Plot No. 10

P.O.Box 5380

Dar es Salaam

Tanzania

GST Geological Survey of Tanzania Kikuyu Avenue +255 26 2323020

P.O.Bpx 903 [email protected]

Dodoma

Tanzania

ICF Investment Climate Facility 2nd Floor +255 222 129 211

50 Mirambo Street [email protected]

P.O.Box 2054

Dar es Salaam

Tanzania

ICMM International Council on Mining and Metals 35/38 Portman Square +44 (0)207 467 5070

London

W1H 6LR

United Kingdom

IFC International Finance Corporation c/o World Bank Office

Mirambo Street

P.O.Box 2054

Dar es Salaam

Tanzania

ISO Organisation for Standardisation 1, ch. de la Voie-Creuse +41 227 490 111

CP 56

CH-1211 Geneva 20

Switzerland

LEAT Lawyer’s Environmental Action Team Mazingira Street [email protected]

Mikocheni Area

Dar es Salaam

Tanzania

MEM Ministry of Energy and Minerals Sokoine/Mwepu Street +255 222 117 153

P.O. Box 2000/9152 +255 222 137 138

Dar es Salaam +255 222 137 138

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TMAA Tanzania Minerals Audit Agency Plot No. 1129 +255 22 260 1819

Chole Road - Masaki [email protected]

P.O. Box 23400

Dar es Salaam

Tanzania

WCST Wildlife Conservation Society of Tanzania WCST Arusha +255 (0)744 626 570

P.O. Box 2160 [email protected]

Arusha

Tanzania

Or WCST Dar es Salaam +255 222 112 518

P.O.Box 70919 [email protected]

Dar es Salaam

Tanzania

Wildlife Division P.0 BOX 9372 +255 222 111 0614

Tanzania Ministry of Natural Resources and Tourism Dar es Salaam

Tanzania

World Bank The World Bank +255 222 163 200

50 Mirambo Street

P.O.Box 2054

Dar es Salaam

Tanzania

WWF Tanzania Coastal East Africa Initiative Plot No. 350 +255 22 270 0077

Regent Estate +255 22 277 5535

Mikocheni

Dar es Salaam

Tanzania

Kathryn BrooksKathryn is a strategy and communications consultant

experienced in working with both public and private sector

clients in Africa. She has an MSc in African Studies and a BA in

Philosophy, Politics and Economics from the University of

Oxford. Kathryn’s research paper on investor perception of

African countries entitled ‘Unmasking the Lions’ can be found

on the africapractice website.

Email: [email protected]

Jonathan HobbsJonathan is Senior Advisor on Trade and Investment issues with

WWF, with a particular interest in Chinese investments in Africa

and environmental performance in the oil, gas and mining

sectors. Formerly he led the UKs’ Department for International

Development’s (DFID’s) extractives industries policy work, in

which capacity he chaired the Natural Resources Canada-hosted

Inter- Governmental Forum on Mining, Minerals, Metals and

Sustainable Development and the World Bank-hosted

Communities and Small-Scale Mining (CASM) initiative. He

served on the Management Committee of EITI, Chaired the

OECD’s Environet Group and was a member of the EU’s

delegation to the Kimberley Process. Jonathan was also the

inaugural Executive Director of two regional offices of the World

Business Council for Sustainable Development and served on

the Environment Committee of the International Chamber of

Commerce (Paris). Earlier posts include Director of UNEP’s

Cleaner Production Programme (Paris) and Corporate

Consultant on Environmental Policy and Strategy at Eskom,

South Africa.

Email: [email protected]

WWFWWF is one of the world’s largest and most experienced

independent conservation organizations with almost 5 million

supporters and a global network active in more than 100

countries. WWF’s Mission is to reverse the degradation of the

planet’s natural environment and to build a future in which

humans live in harmony with nature, by:

• Conserving the world’s biological diversity

• Ensuring that the use of renewable natural resources is

sustainable

• Promoting the reduction of pollution and wasteful

consumption

TCMEEstablished in 1994, the Tanzania Chamber of Minerals and

Energy represents the interests of its members in the Tanzanian

mineral sector. Acting as a voice for the industry the Chamber

plays a pivotal role within the sector as a mediator between the

mining investment community and key stakeholders, most

notably the Government of Tanzania and the public.

With close to 60 members the Chamber represents a broad

spectrum of relevant players in the mining industry, including

small-scale miners, individuals, service providers, and

international mining companies of all sizes who have identified

Tanzania as a worthwhile place to invest their money. These

companies are carrying out a range of activities within the

mining sector from exploration to production.

africapracticeafricapractice is a pan-African consultancy dedicated to

supporting responsible business and informed investment in

Africa.

We combine professional strategic and communications

consultancy with an intimate knowledge of the political, media

and business environments in which we live and work, to

support our clients’ information and communications needs.

Our clients have one thing in common – they each face

significant challenges in competitive environments where the

margin for error is small and the rewards are great.

africapractice has eight offices and affiliated partners in a

further seven cities. We have clients in more than thirty five

African countries.

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ABG African Barrick Gold

ASM Artisanal and Small-Scale Miner

AU African Union

BAP Biodiversity Action Plan

BMI Business Monitor International

CESOPE Civil Education is the Solution for Poverty and

Environmental Management

CMEC China Machinery Engineering Corporation

CSO Civil Society Organisation

CSP Centre for Science in Public Participation

CSR Corporate Social Responsibility

DAC Development Assistance Committee

DFID Department for International Development

EAC East African Community

EAP Environmental Action Plan

EIA Environmental Impact Assessment

EIS Environmental Impact Statement

EITI Extractive Industries Transparency Initiative (EITI)

EMA Environmental Management Act

EMP The Environmental Management Plan

EPB Economic Performance Bond

EPP Environmental Protection Plan

ESIA Environmental and Social Impact Assessment

FDI Foreign Direct Investment

GRI Global Reporting Initiative

GST Geological Survey of Tanzania

IAIA International Association for Impact Assessment

ICMM International Council on Mining and Metals

IFC International Finance Corporation

IFI International Finance Institution

IGFMMMSD Intergovernmental Forum on Mining, Minerals,

Metals and Sustainable Development

IIED International Institute for Environment and

Development

IMF International Monetary Fund

ISO International Organization for Standardization

IUCN International Union for Conservation of Nature

LEAT Lawyers’ Environmental Action Team

LNG Liquefied Natural Gas

MCP Mine Closure Plan

MDA Mining Development Agreement

MDG Millennium Development Goal

MEM Ministry of Energy and Minerals

MMG Minerals and Metals Group

MMSD Mining Minerals and Sustainable Development

MOB Mining Ordinance Bill

MoE Ministry of Environment

MOU Memorandum of Understanding

NDC National Development Corporation

NEAC National Environmental Advisory Committee

NEAP National Environmental Action Plan

NEMC The National Environment Management Council

NMDC National Mineral Development Corporation

NRC Natural Resources Charter

OECD Organisation for Economic Co-operation and

Development

SEA Strategic Environmental Assessment

SEC Securities and Exchange Commission

SOE State-Owned Enterprise

STAMICO Tanzanian State Mining Corporation

TAC Technical Action Committee

TAEC Tanzanian Atomic Energy Commission

TBS Tanzania Bureau of Standards

TANAPA Tanzania National Parks

TAWIRI Tanzania Wildlife Research Institute

TCME Tanzanian Chamber of Minerals and Energy

TIC Tanzania Investment Centre

TMAA Tanzania Minerals Audit Agency

TNRF Tanzania Natural Resource Forum

TORs Terms of Reference

TRE Tanzanian Exploration Corporation

UNEP United Nations Environment Programme

VPO Office of the Vice President

WWF World Wildlife Fund

Acronyms

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: Hen

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Integrating Environment into Investment Decisions: Introductory Guidance for Tanzania’s Mining Sector

For further information:

Kathryn Brooks

[email protected]

Jon Hobbs

[email protected]

www.panda.org

www.tcme.or.tz