Environmental, health and Safety Regulations
There are several legislations including regulations and rules on environmental issues that are applicable to mining projects. These are:
i. The Environmental Management Act and its Regulations.
ii. The Mining (Safety, Occupational Health and Environment Protection) Regulations 2010.
iii. The Mining (Environmental Protection for Small Scale Mining) Regulations 2010.

Environmental Compliance
The Environmental Management Act is the major environmental law. Section 6 of the same Act imposes a duty on all persons in the United Republic of Tanzania to protect the environment. Furthermore, it requires that, persons engaging in mining, including quarrying and open cast extradition to carry out an environment and social assessment (ESIA) at their own cost. The assessment must be carried out before undertaking the mining project including financing. This disregards whether the prospects possess the requisite license or permit for carrying out the project.

The Mining Act requires all applicants of mining and special mining licenses to hold certificates of environmental and social impact assessment studies before a mineral right can be granted. The provision of the Environment Management Act shall prevail over existing land laws in the event there is any conflict in respect of the environment aspects of land management. The Environmental Impact Assessment and Audit Regulations 2005 (ESIA Regulations) sets out in detail how the environmental impact assessment and audit thereof should be conducted.
The application has to be made in Form No.1 (Project Brief) of the Third Schedule of the regulations in 10 copies to the National Environmental Management Council (the Council). The Council will then submit the Project Brief with 7 days to the; relevant ministry, the local governmental environmental management officer and the relevant regional secretariat for their written comments. Afterwards the Project Brief will be submitted to the Council within 21 days of receiving it.

The council will screen the Project Brief within 45 days and comment basing on the criteria specified in the Second Schedule of the Regulations after being submitted by the proponent. The proponent will be required to carry out an ESIA in accordance with the Fourth Schedule of the Act for the purpose of preparing an environmental impact assessment statement (the statement). The statement is made pursuant to Regulation 18 in Form No.2 specified in the Third Schedule to the Regulations. The statement is to be submitted with a non-technical executive summary in both Swahili and English language.

The proponent is required to submit 15 copies of the Statement to the Council. The Council only have 14 days from the date of receipt to submit the Statement to the Ministry of Minerals; must notify and invite the general public for comments. The Minister will review the Report within 30 days and send its comments to the Council. If the Minister fails to submit its comments within the given period, or an extension; the Council can proceed to determine the project without its comments.
The holding of public hearing of the Statement within 30 days of receiving it is not mandatory but at the discretion of the Council it it’s in their opinion it requires the view of the public to make a fair and just decision or it is necessary for environmental protection.

The Council, after reviewing the Statement, they must submit their comments and recommendations to the Minister in charge. The Minister has 30 days to make a decision after receiving the Statement and recommendations. The decision must be in writing and contain the reason for the decision. The decision must be in writing containing the reasons for the decision. The decision must be communicated to the proponent and a copy of it submitted to the Council’s office and made available for inspection by the general public.
The Minister’s decision must state whether the Statement is approved or not approved subject to the proponent meeting specified conditions. Once the Statement has been approved, the Minister will issue and environmental impact assessment certificate (the Certificate) in Form No.3 specified in the Third Schedule of the Regulations. The terms of the Certificate can be varied by applying to the Minister, it can be transferable. If the project has not started within three years of the date of issue of the Certificate, the proponent will be required to register, within the Council, its intention to develop.

Disclaimer: This article is authored by Irene Gunze, from Rive & Co, a new and innovating law firm as a result of the partnership between ABC Attorneys, Stallion Attorneys and Sepia Attorneys, built on the foundation of trust, credibility, and novelty, offering expert legal solutions. This Article is for informational purposes only and should not be construed as legal advice. It is recommended to consult with a qualified legal professional for advice specific to your situation.