Although mining covers a relatively small part of the land area, it has significant and often irreversible consequences. This analysis will lead to the formulation of recommendations for improving environmental performance in the mining sector to maximize the benefits of the investment.
CHAPTER TWO
INTERNATIONAL AND REGIONAL LEGAL FRAMEWORK
In 1989, the United Nations General Assembly called for a global conference to devise strategies that would halt and reverse the negative effects of human-made activities on the environment and promote sustainable development. One of the challenges Tanzania faced after acceding to the Rio Declaration was to take the necessary legislative steps to ensure sustainable development.30 Therefore, Tanzania took a concerted effort to address environmental problems.
ENVIRONMENTAL IAW AND INSTITUTIONS IN TANZANIA
- National Environmental Policy
- Environmental Impact Assessment
- Strategic Environmental Assessment
- Tax relief and subsidies
44 For a stimulating account of the development of policies and approaches to environmental protection, see Mic~elson, M. The Environmental Age, (1986) Cambridge University Press. To date, most of NEMC's activities have involved the preparation of the National Conservation Strategy for Sustainable Development. Management Council;86 and provides for the establishment of the National Environmental Trust Fund to provide for other related matters.
CONCLUSION
10 percent in 2025 as set out in the Development Vision 2025.126 This is one of the leading components in the generation of foreign exchange earnings within non-traditional exports. In doing so, the chapter examines the coverage of environmental issues in the Mining Act, 1998 when the Act is read together with the repealed National Environmental Management Act, 1983 and the new Environmental Management Act, 2004. 34;Environmental Impacts of Foreign Direct Investment in the Mining Sector in Africa south of the Sahara at1.
Gold found in greenstone belts located east and south of Lake Victoria, and in rocks in the south and southwest of the country;. Gemstones found in the eastern and western belt that runs from the Kenyan border in the north to Mozambique in the south and the regions of Mbeya and Rukwa. Current identified opportunities range from former mines in Archaean greenstone belts around Lake Victoria, Proterozoic rocks and conceptual root courts in younger rocks.
Several "world-class" gold deposits have already been discovered in the Lake Victoria goldfields and are at various stages of development. Gold targets have also been revealed in the Proterozoic rocks of southwestern Tanzania.
THE MINING ACT, 1998 - COVERAGE OF ENVIRONMENTAL ISSUES
- Mineral Sector Policy of 1997
- Salient Features of the Mining Act, No. 5 of 1998
Before discussing the relevant part (which covers environmental issues) of the Mining Act 1998, it is worth briefly looking at the Minerals Policy 1997, its objectives and the salient features of the Act for clarity. The vision for the next 25 to 30 years for the mineral sector is to have a strong, vibrant, well-organized, private sector-led, large and small-scale mining industry conducted in a safe and environmentally responsible manner and producing more than 10% of total revenue will contribute. GDP.136 In this regard, the government issued the Mineral Policy for the Development of the Mineral Sector in 1997. The aim of the policy was to attract and enable the private sector to take the lead in exploration, mine development, mineral extraction and marketing.
The policy further states that the Government of Tanzania recognizes the positive contribution of the artisanal and small-scale mining sub-sector to the economy which includes the discovery of mineral occurrences, mineral production and the creation of employment and income for the rural communities. In light of this, the government is committed to supporting the small-scale mining sub-sector by facilitating the transformation of the current artisanal mining activities into more organized and modernized small-scale mining units, and by promoting modalities of mineral marketing that promote transparent business transactions and discourage smuggling. Sustainable mining development requires balancing the protection of the flora and fauna and natural environment with the need for social and economic development.138.
The government's goal is to promote the use of best practices in environmental management systems in mining development.139. Thus, the Mmmg Act of 1998 was a translation into law of the spirit of the National Mineral Policy.
EIA AND MINING IN TANZANIA
- Public Participation under EIA Guidelines and Procedures
Furthermore, compliance with the recommendations of the EIA has been the exception rather than the rule. This requirement also applies in the event of an application for renewal of the special mining permit. 169. In the event that the environmental management plan does not take due account of the EIA or the rules in accordance with § 64, subsection
These rules provide a comprehensive mechanism to implement the provisions of the Act relating to environmental matters which I have examined above. 185 The Mining (Environmental Management and Protection) Subsidiary Legislation, 1999 (the Regulations) sets out in detail the principles outlined in sections 38(5) and 64 of the Act. NEMC's mission is to be "the premier technical advisory, coordinating and regulatory agency responsible for the protection of the environmental and sustainable use of natural resources in Tanzania.
It is the responsibility of the project proponent to make sure that all the parties involved have sufficient opportunity to participate in the scope survey. 210 See the draft summary of the review report for shrimp farming project in the Rufiji River Delta, (1997) Tanzania, Dar es salaam, NEMC. What methods should be used to inform them about the project proposal and to ask for their comments.
At what stage of the review process will opportunities be provided for public participation and input.
CONCLUSION
As the necessary EIA culture and relevant institutions must be built to coordinate and manage the mine environment. The next chapter discusses the foreign investments in the mining sector in Tanzania in relation to the environmental protection in mining.
INTRODUCTION
The central argument pursued here is that in the current climate of economic liberalization and state reregulation, political declarations and legislative provisions regarding environmental protection may actually count for little. Foreign investment flowing into the country is also based on the exploitation of the limited natural resources such as minerals, wildlife/forestry and coastal and marine resources. It also has significant consequences in the political sphere, as economic deregulation in Tanzania also seems to have gone hand in hand with the 'deregulation' of the political morality of public officials and public institutions.225.
Although the Investment Promotion and Protection Act, 1990 made mining one of the priority areas for investment in Tanzania, the status brought certain benefits to the investor.230 This is due to the fact that the Act does not oblige the investors to does not soften. the negative impact of their businesses on the environment.231. It further noted that the absence of a legal regime for EIA in the planning processes was one of the "legal issues of national importance", noting that "without a mandatory EIA process, there is no obligation to consider the effects of projects and the government to assess and monitor activities on the environment". Much of this criticism centered on the need to have effective regulatory controls in place in light of the growing importance of foreign investment in Tanzania.
This was an important provision that could ensure that the TIC, at the application stage, scrutinizes investors who are out to maximize short-term profits at the expense of the environment. Part of the problem is due to the fact that the government tends to establish different legal requirements as a function of the size or type of mining activity.
CONCLUSIONS
The mining companies claim that they pay all required taxes and royalties to the government and that it is therefore the government's responsibility to return a portion of mining revenues to the local communities for development. That is why in the case studies examined herein, the EIA processes did not appear to have an impact on the approval of the relevant projects. This also has consequences for the local economy as large mining investments open up increasingly remote areas where local communities often fall outside the economic mainstream of the national economy.
This is symptomatic of a larger political problem of accountability of public officials and institutions that requires concerted political action. Non-governmental organizations, local communities and the general public both inside and outside the country were able to intervene at key moments, and there was considerable pressure on the investor and the government. In this respect, independent organizations of people working in unison with social and environmental activists and organizations may be the only way forward for protection.
Most of the mining technology used by large mining companies is open pit technology. Academics and scientists are thus forced to rely more and more on consultancy in order to survive in times of economic crisis.
RECOMMENDATIONS
Only through organized power will the voice of the communities be heard. That there is a need for a Strategic Environmental Assessment (SEA).266 Most mining projects are located within the Lake Victoria basin, however each project has had a separate EIA.267 Such assessments are likely to miss the cumulative impacts associated with mining in the basin . LEAT, Report on the Institutional Mandates and Legal Framework for Environmental Management in Tanzania, Prepared for the Institutional and Legal Framework for Environmental Management Project (ILFEMP) of the Office of the Vice President, Dar es Salaam, (VPO), (1999). forthcoming) "The Mad Rush for 'Rose Gold: A Sodo-Legal Study of the Rufiji Delta Prawn Farming Project in Tanzania Prepared for LEATjSRDA, London.
Rethinking Wildlife Conservation in Tanzania's Pastoral Lands: A Case Study of the Ngorongoro Conservation Area, Dar es Salaam, (1998), LEAT. Lissu, T.A "Environmental Impact Assessment of Foreign Investment Projects: A Study in the Law, Policy and Governmental Decision-making in Tanzania Unpublished Research Report, LEAT and SRDA. 34; Coastal Erosion and the Control of Human Activities Along the Beaches: A Case Study of the Northern Beaches of Dar es Salaam Research paper submitted in partial fulfillment of the requirements for the bachelor's degree at the University of Dar es Salaam, Dar es Salaam, Faculty of Law.
34;Environmental Impact Assessment of the Proposed Integrated Shrimp Farming Project in the Rufija Delta: Department of Marine Environment, University of Dar es Salaam. Speech by the Minister of State, Office of the Vice President, the Honorable Bakari Mbonde (MP) on the presentation of the Budget Estimates of the Office of the Vice President to the National Assembly for 1998/99', Dar es Salaam, Government Printing Office.
