In the United Republic of Tanzania (URT), all environmental issues related to the mining industry are regulated according to two principle Acts: The Mining Act and the Environmental Management Act, and their respective regulations. The current acts were enacted in 2010 and 2004 respectively. Mineral exploration (that includes all on-site activities performed before a mining project is declared feasible) projects in URT appears to be “unforgotten phenomena” in the two major legislative documents, when it comes to environmental considerations. This phenomenon is believed to be causing detrimental effects to the environment. This paper, therefore, analyzes the current environmental regulatory framework on mineral exploration projects in URT and discusses few examples in which mineral exploration projects have caused damage to the indigenous environment. Furthermore, this study reviews environmental regulatory frameworks from other few countries in comparison with existing environmental regulatory framework prevailing in URT.
Mining means extraction of valuable minerals. It is the extraction of valuable minerals or geological materials from the earth crust which forms the mineralized package of economic interest to the miner [
Exploration means search for resources. Exploration is the act of searching or travelling a terrain for the purpose of discovery of resources [
Unfortunately, the extent of the significance of the impacts of mineral exploration activities to the environment is not very clear to a number of stakeholders [
As it has been defined earlier, mineral exploration simply means “the search for mineral resources” while mining means “the extraction of resources”. Mineral exploration is usually performed before mining and in that way mineral exploration stands as an independent project that may or may not result into a mining project [
This research work intends to analyze the current environmental regulatory framework on mineral exploration projects in the United Republic of Tanzania (URT). In line with that, this study shall use data from other studies conducted on one Uranium exploration project (in URT) to discuss environmental challenges that may arise during minerals exploration. Finally, this study reviews environmental regulatory frameworks from other few countries in comparison with existing environmental regulatory framework prevailing in URT.
The principal Act that regulates all mining (including mineral exploration) projects in URT is called the Mining Act, 2010 [
As it has been discussed in the previous sections of this paper, the Mining Act, 2010 regulates the mining industry in URT. A thorough review of the Mining Act, 2010 has revealed that the whole document does not discuss anything regarding environmental obligations for holders of prospecting (mineral exploration) licenses. Going through the specific section that talks about prospecting licenses in the Mining Act, 2010 (Part IV, Division A, Section 34-1), it was discovered that the section only covers a number of common aspects including; application procedures, license area to be covered, grant duration, description and plan of the area of land over which the license is granted, description of the prospecting/exploration programme and its financial expenditure estimate, and description of the procurement plan of goods and services within the United Republic. Unfortunately, the whole document does not give any provisions regarding environmental aspects on mineral exploration projects.
The Mining (Environmental Management and Protection) Regulations of 2010 is crafted to provide for sustainable environment management in a mining site. The Mining (Environmental Management and Protection) Regulations, in a short form MEMPR stipulates the significance of including Environmental Impact Assessment and Environmental Management Plan in all mineral rights applications for special mining licenses, mining licenses and gemstone mining licenses. Also MEMPR provides for specific mine closure procedures upon completion of a mining project to ensure that the closure of mines is done with the least possible negative impact on local communities and the indigenous environment. Surprisingly, nothing has been mentioned on the environmental obligations for the holder of a prospecting (mineral exploration) license.
It is therefore very evident that the Mining Act of URT, 2010 and its associated regulations do not provide for environmental obligation for all individuals or companies undertaking mineral explorations in the states territory. Consequently, it’s therefore high time for all national environmental regulatory bodies to start devising mechanisms for establishment of environmental legislations that will guide all holders of prospecting licenses towards proper consideration of environmental matters related to their projects.
Unlike Mining Act (2010), the Environmental Management Act number 28 of 2004 has several sections that cover the general environmental obligations. Firstly, part II, section 6 states the general obligation of every person living in Tanzania; to protect, safeguard and enhance the environment and inform the authority of any activity that may affect the environment significantly. Secondly, section 6 of the third schedule of the same Act lists the types of projects that require Environmental Impact Assessment (EIA) to be undertaken as a mandatory requirement. In this category only Mining, Quarrying and Open-cast extraction projects are mentioned. Therefore, it is very clear that mineral exploration projects are not considered to be environmentally dangerous, which is a very wrong conception/generalization.
The Environmental Impact Assessment and Audit Regulations, 2005 provide for specific procedures and guidelines that need to be followed when submitting an EIA prior to commencing work on any new project. To determine whether a full EIA is required, the first schedule to these regulations contains the classification for Type A and Type B projects. Type A projects will be deemed to have a significant adverse impact on the environment and will require a full EIA prior to their commencement. Type B projects are those that are deemed unlikely to have a significant impact on the environment and, as a result, will only require a preliminary EIA. During screening process, following the submission of a project brief to the National Environmental Management Council (NEMC), a project is classified accordingly. Details of the various types of projects that belong to each category are as follows.
Projects which are likely to have significant adverse environmental impacts and that in-depth study is required to determine the scale, extent and significance of the impacts and to identify appropriate mitigation measures are listed in this category. Section 16 of these regulations (Extractive Industries) has mentioned the following types of projects; Extraction of petroleum, Extraction and purification of natural gas, other deep drilling-bore-holes and wells and Mining. There is no mineral exploration projects in this category.
This category contains projects which are likely to have some adverse environmental impacts but that the magnitude of the impacts is not well-known. In this category, a preliminary environmental assessment is required to decide whether the project can proceed without a full environmental impact assessment. This category mentions only artisanal and small scale mining. This group has the same weakness as well. There is nothing specific on mineral exploration projects.
Research [
Main stages of uranium exploration | Main activities | Expected environmental impact |
---|---|---|
Stage 01 Area selection | Geological literature studies and maps compilation | No significant impact |
Geological field studies | ||
Land acquisition | ||
Stage 02 Target generation | Trenching | Minimal significant impact i.e. minimal air, water, noise and land pollution; minimal disturbance to flora and fauna; minimal garbage, hydrocarbon spillage; and little scrappers at site |
Pitting | ||
Geophysical methods | ||
Geochemical methods | ||
Remote sensing | ||
Stage 03 Resource evaluation and reserve definition | Drilling (Phase I) | Significant adverse impact i.e. air, water, noise and land pollution; significant disturbance to flora and fauna; camp garbage, hydrocarbon spillage; and metallic and plastic scrappers at site |
Drilling (Phase II) | ||
Drilling (Phase III) | ||
Other auxiliary activities i.e. site clearing and camp construction |
Source: [
In the last decade, significant Uranium ore reserves have been discovered in URT, welcoming potential investment opportunities for the establishment of new mining projects in the country [
This study was aimed at assessing the level of environmental pollution caused by the activities undertaken by MRU exploration project. Therefore, from this study, the following main parameters were used to estimate the level of pollution caused by MRP exploration project; physical inspection, air quality and water quality. The following were the results;
In
1) Dust and noise
In
S/N | Identified effect | Possible cause | Impacts |
---|---|---|---|
1. | Dust deposition on vegetation and tents | Fine and ultra-fine particles from drilling activities and vehicles travelling on dusty roads | Dust especially from radioactive minerals is very dangerous if inhaled |
3 | Scrap metal left unattended for long periods of time | No specific policy on disposal of scrap metal | Rust increases the amount of iron in water streams and underground water |
4 | Waste piles of oil-contaminated soil in plastic bags | Lack of a bioremediation plant | Oil spills add hydrocarbons to soil |
5 | Effluent water discharge into underground water sources and water wells. | By-pass and negligence of environmental procedures during Uranium exploration activities at site | Water pollution especially from metallic minerals and its associates is very harmful to human, plant and animal lives |
6 | Land, flora and fauna disturbance. | Improper supervision by the concerned authorities | Soil erosion, death and disturbance of vegetation and animals occur |
8 | Noise | Heavy equipment in operation and generators while working | Disturbs human and animals’ mental equilibrium |
9 | Acidic water from the uncovered pits and trenches | Effect of acid rock drainage if acidic rock is present in the project area | Acidic water changes the pH of water which makes it difficult for normal use unless neutralized |
Source: [
Area | Dust (mg/m3) | Noise (dB) |
---|---|---|
Around generator set | BSL* | 80.7 |
At camp | BSL | 76.4 |
Around water pump | BSL | 102.9 |
RC drilling | 6.48 | 113 |
Diamond drilling | BSL | 99.8 |
*Below standard limit dust (5 mg/m3); noise (75 dB); source: [
Water samples from five rivers (as shown in
This study was undertaken to provide details on radioactivity levels and heavy metals concentration prior to establishment of a mining project, had the MRU exploration project proved feasible. Samples were taken from soil, sediments and water. Results from this study were to provide a pre-mining background data for future environmental pollution monitoring.
Results for Radioactivity Levels and Heavy Metals ConcentrationThe activity concentrations in soil and sediments from Mkuju uranium deposit were higher than the world average of 35, 30 and 500 Bqkg-1 for 238U, 232Th and 40K, respectively [
The current practice in the Republic of South African (RSA) requires all companies seeking for prospecting licenses in RSA to submit environmental management plans, which involve consultation with the owners or lawful occupiers of the land in question [
The Australian Mining Act of 1971 describes clearly the environmental protection guides to an application of a mineral exploration license. It states that “Any holder of an exploration license must observe protection of the natural beauty of any locality or place that may be affected by the conduct of operations in pursuance of the license, protection of flora and fauna that may be endangered or disturbed by those operations, protection of buildings of architectural or historical interest, and objects and features of scientific or historical interest, that may be affected by those operations and protection of any Aboriginal sites or objects within the meaning of the Aboriginal Heritage Act 1988 that may be affected by those operations, and may take into consideration such other factors as he considers appropriate in the particular case [
This study has revealed a significant loophole in the current regulatory framework in URT in relation to
Parameter► Location? | Cd (mg/l) | Cr (mg/l) | Mn (mg/l) | Fe (mg/l) | EC (ms/cm) | TDS (mg/l) |
---|---|---|---|---|---|---|
Kilowelo R | 0.06 | 0.07 | 0.8 | 2.53 | 104.2 | 45.4 |
Mkuju R | 0.0 | 0.0 | 0.0 | 0.09 | 452.0 | 248.6 |
Umbalilo R | 0.0 | 0.0 | 0.0 | 0.03 | 394.0 | 216.7 |
Tanzanian/WHO Std* | 0.05 | 0.05 | 0.5 | 1 | 400 | 200 |
*Source: [
environmental issues in the mineral exploration sector. Activities related to such projects may cause a significant detrimental impact to the natural environment if proper and timely measures are not taken. The fact that, the two principal legislative documents (Environmental Management Act, 2004 and Mining Act, 2010) that regulate both Mining and Environmental matters in the country are completely silent on this matter, adds more fuel towards the danger of destructions to our natural environment. Furthermore, studies by Wilfred (2010) and Mwalongo (2011) described in this report have vividly shown that mineral exploration activities may cause a significant level of negative environmental impacts. Not only that, but also other countries including Australia and other African countries earlier mentioned in this report provide further emphasis on the need for URT to improve its mining and environmental legislative framework to accommodate issues related to environmental protection in mineral exploration projects. To start with, mineral exploration projects should be listed in Type B projects stipulated in the Environmental Impact Assessment and Audit Regulations, 2005. This is a list of projects that require preliminary environmental assessment before they are undertaken. This category contains projects which are likely to have some adverse environmental impacts but that the magnitude of the impacts is not well-known. In this category, a preliminary environmental assessment is required to decide whether the project can proceed without a full environmental impact assessment or not.
Meserecordias Wilfred Lema, (2016) Analysis of Challenges Related to Poor Environmental Regulatory Framework on Mineral Exploration Projects: A Case of Tanzania. Journal of Geoscience and Environment Protection,04,89-96. doi: 10.4236/gep.2016.47010