Snapshot: environmental regulations for mining activities in Tanzania

Environment

What are the principal environmental laws applicable to the mining industry? What are the principal regulatory bodies that administer those laws?

The Environmental Management Act of 2004 requires mining companies to undertake environmental impact assessments and obtain environmental permits before starting mining operations to prepare and implement environmental management plans to mitigate any negative environmental impacts of mining waste. The National Environment Management Council and The Ministry of State, Environment and Union Matters are the principal bodies.

What is the environmental review and permitting process for a mining project? How long does it normally take to obtain the necessary permits?

The process involves the following steps:

• Environmental impact assessment (EIA): The mining company is required to prepare an EIA report that assesses the potential environmental impacts of the mining project. The EIA report must be submitted to the National Environment Management Council (NEMC) for review and approval.
• Public consultation: The mining company is required to consult with local communities and other stakeholders to gather feedback on the proposed project and its potential environmental impacts. The public consultation process is typically conducted as part of the EIA process.
• Permitting: After the EIA report has been approved by NEMC, the mining company can apply for the necessary permits to begin mining operations. The permits required may vary depending on the type and location of the mining project but may include a mining licence, an environmental permit and a water permit.
• Monitoring: The mining company is required to monitor the environmental impacts of the mining project throughout its life cycle, and to report any issues or concerns to the NEMC.

It is not easy to state the timeline it takes to obtain all the necessary permits, it could range from months to years depending on how quickly the company takes to obtain required documentation and make all the necessary fillings as required.

Do government agencies or other institutions in your jurisdiction provide incentives or publish environmental and social governance (ESG) guidelines for green projects?

Tanzania Investment Centre has a specific focus on green investments and provides incentives such as tax exemptions and duty-free imports for equipment related to renewable energy projects.

NEMC provides guidelines and regulations related to environmental impact assessments, pollution control and waste management.

The Ministry of Energy and Minerals provides guidelines for renewable energy projects and has set a target of generating 5,000MW of electricity from renewable sources by 2025.

The Green Climate Fund (GCF) supports climate mitigation and adaptation projects in developing countries. Tanzania is eligible to receive funding from the GCF for green projects.

What is the closure and remediation process for a mining project? What performance bonds, guarantees and other financial assurances are required?

The closure and remediation process typically involves several steps, including:

• Planning: Mining companies must develop a closure and remediation plan before the start of mining operations. The plan should outline the steps that will be taken to close the mine and rehabilitate the site after mining operations have ceased.
• Closure: When mining operations are complete, the mine must be closed in accordance with the closure and remediation plan. This may involve removing equipment and infrastructure, sealing mine openings, and stabilising waste rock and tailings.
• Rehabilitation: After closure, the site must be rehabilitated to minimise the environmental impact of mining activities. This may involve re-vegetating the site, managing erosion and controlling water runoff.
• Monitoring: Mining companies must continue to monitor the site after closure to ensure that the rehabilitation measures are effective and to identify any issues that may require further attention.
• Reporting: Mining companies must provide regular reports to the relevant authorities on the progress of closure and rehabilitation activities, including any issues or challenges that arise.

It is important to note that mining companies in Tanzania may be required to provide financial assurance, such as a bond or insurance policy, to cover the costs of closure and remediation. This ensures that there are sufficient funds available to complete the closure and rehabilitation process, even if the mining company is no longer operating.

What are the restrictions for building tailings or waste dams?

In Tanzania, the construction of tailings or waste dams is subject to strict regulations and guidelines that are designed to ensure the safety and stability of these structures. Some of the key restrictions for building tailings or waste dams in Tanzania include:

• Environmental Impact Assessments (EIAs): The EIA will assess the potential impacts of the dam on the environment, including the risk of contamination of nearby water sources.
• The design and construction of tailings or waste dams must be approved by the National Environment Management Council (NEMC).
• Mining companies must monitor the stability of tailings or waste dams on an ongoing basis and report any changes or concerns to the relevant authorities.
• Mining companies are required to consult with local communities and stakeholders before constructing tailings or waste dams to ensure that their concerns are addressed and that they are aware of the potential risks.

The responsibilities of mining companies in the event of a dam failure that results in the need for rescue operations include:

• Notification: must notify the relevant authorities immediately in the event of a dam failure that results in the need for rescue operations.
• Rescue operations: The mining company is responsible for providing assistance and support in rescue operations, including equipment and personnel to assist with the rescue effort.
• Emergency response plan: Mining companies are required to have an emergency response plan in place that outlines the procedures to be followed in the event of a dam failure. The plan must be regularly reviewed and updated to ensure that it remains effective.
• Communication: Mining companies and authorities must communicate with affected communities to keep them informed about the situation and any actions being taken to address the dam failure.
• Investigation: After a dam failure, the authorities will conduct an investigation to determine the cause of the failure and to identify any actions that could be taken to prevent future incidents.
• Liability: Mining companies may be held liable for any damages or injuries that result from a dam failure, and may be required to provide compensation to affected parties.