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REFLECTING ON THE POLICY OPTIONS AND ISSUES ON OIL AND GAS SECTOR IN TANZANIA 1. Background Tanzania has recently discovered massive deposits of natural gas and the potential for oil both onshore and offshore of the Indian Ocean and more explorations are underway. The discoveries brought a significant foreign investment in the country and consequently high expectations by local people to benefit out of these resources. The existence of natural gas resources in Tanzania is expected to contribute to its economic growth and development and improve the living standards of its population. With rising global interest in natural gas, there has been an enormous expansion in exploration, yielding significant discoveries. As a result of the new discoveries, Tanzania is currently emerging as a potential major global player in gas production with large discoveries of gas on deep offshore. Oil and Natural gas related developments are associated with both positive effects in terms of benefits, such as employment creation, increased government revenue, improved livelihoods, and poverty eradication. However, these developments are also associated with risks both to people and the environment. These risks are linked directly to the destruction of the ecosystems which are found in areas where such discoveries are happening especially in situation where weak institutions for natural resources governance are in place. There is a great concern about the negative impact of oil and natural gas developments on animal migration corridors, tourism sites, and areas that support fish and prawn production. These ecosystems support widely the households or communities in terms of products and services from their local environments for survival. This Policy Brief reflects on the policy options available, scrutinizes policy issues in oil and gas industry and gives policy advice on how to mitigate the anticipated risks from the oil and gas exploration. It emphasizes that promotion of good governance and environmental standards of oil and gas should be of concern to all. 2. Context Both public and private policy makers face many difficult challenges presented by the recent oil and gas finds. Amongst these is how to balance the potential high economic and development returns © ® POLICY BRIEF NO. 3 2015 TANZANIA

REFLECTING ON THE POLICY OPTIONS AND ISSUES ON OIL AND GAS SECTOR IN TANZANIA

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  • REFLECTING ON THE POLICY OPTIONS AND ISSUES ON OIL AND GAS SECTOR IN TANZANIA

    1. BackgroundTanzania has recently discovered massive deposits of natural gas and the potential for oil both onshore and offshore of the Indian Ocean and more explorations are underway. The discoveries brought a significant foreign investment in the country and consequently high expectations by local people to benefit out of these resources.The existence of natural gas resources in Tanzania is expected to contribute to its economic growth and development and improve the living standards of its population. With rising global interest in natural gas, there has been an enormous expansion in exploration, yielding significant discoveries. As a result of the new discoveries, Tanzania is currently emerging as a potential major global player in gas production with large discoveries of gas on deep offshore.

    Oil and Natural gas related developments are associated with both positive effects in terms of benefits, such as employment creation, increased government revenue, improved livelihoods, and poverty eradication. However, these developments are also associated with risks both to people and the environment. These risks are linked directly to the destruction of the ecosystems which are found in areas where such discoveries are happening especially in situation where weak institutions for natural resources governance are in place.

    There is a great concern about the negative impact of oil and natural gas developments on animal migration corridors, tourism sites, and areas that support fish and prawn production. These ecosystems support widely the households or communities in terms of products and services from their local environments for survival.

    This Policy Brief reflects on the policy options available, scrutinizes policy issues in oil and gas industry and gives policy advice on how to mitigate the anticipated risks from the oil and gas exploration. It emphasizes that promotion of good governance and environmental standards of oil and gas should be of concern to all.

    2. Context Both public and private policy makers face many difficult challenges presented by the recent oil and gas finds. Amongst these is how to balance the potential high economic and development returns

    Policy brief no. 3

    2015

    TANZANIA

  • from successful exploitation of oil and gas projects against the high financial, social and environmental risks. They also fumble with managing price volatility, macro economic instability, technical and logistical complexity, high capital and operating costs, increased potential for corruption, civil unrest and community conflicts. The overall challenge is to ensure that the opportunities presented by the oil and gas discoveries are exploited in a responsible way that include appropriate environmental and social standards and public oversight so that a positive developmental and environmental legacy benefit all people.

    The discoveries could be game changers for the regions economies and development. This puts Tanzania on the threshold of a resource driven period which requires comprehensive preparations to ensure both sustainable economic benefits and environmental protection. To make this a reality there is a need to consider various policy options, redress policy issues and conduct policy review to take on board and fill the gaps available.

    3. Critique on legal and policy optionsThe policy has not clearly stated how the challenges of building effective institutional and legal frameworks, the local content, capacity building and corporate social responsibility will be addressed or provide the time frame to address them. There is still a concern on environmental monitoring with respect to upstream as there is no specific information on this aspect. In addition, in the Model Production Sharing Agreement (PSA) of 2008 the Tanzania Petroleum Development Corporation (TPDC) has been assigned the responsibility to check on compliance with the environmental monitoring, performance and evaluation on mid and downstream activities. On a similar note, TPDC is also a contractor and this may lead to conflicting interests.

    Environmental monitoring on the mid and downstream activities is managed by the Natural Gas Policy of 2013. The monitoring for the upstream exploration activities are not adequately covered in the current Natural Gas Policy 2013. In addition, some of the institutions such as the National Environmental Management Council (NEMC) tasked to oversee the environmental management are not clearly mentioned in the National Gas Policy 2013 and in the PSA. This may affect the effectiveness of monitoring and evaluation of the natural gas projects. It must also be noted that TPDC is also a contractor in some cases, thus environmental matters being left to TPDC may not be dealt with accordingly due to conflicting objectives by the same institution. This would complicate the monitoring and evaluation on the adherence to environmental protection.

    The Model PSA which currently manages production of Natural gas serves as the basis for negotiations with the government and TPDC. They are updated regularly with versions published in 2004, 2008 and 2013. This implies that the envisaged benefits to the government as far as these model PSAs are concerned is likely to be less from what is expected. This is because; most Contract deals have been signed under the model PSA of 2004 where the percentage share of profit to the government is less than what is indicated in the recent Model PSA of 2013.

    It has been noted that PSAs are silent on whether indigenous population or natives have the right of ownership on their land where oil and gas resources are explored or exploited. PSAs are silent on

  • whether the local communities have rights of sharing revenues derived from the sales of resources after the extraction of those resources.

    Apart from that existing policy gaps which have been noted are: inadequate participation of the local firms, institutions and local communities, limited supply of factor inputs: materials, labor and finance, competitive capacities to deliver curtail benefit from the local content, limited domestic value addition, limited role of the Private Public Partnerships (PPP), the level of competitiveness of markets and gas pricing system has not been clearly stipulated, the objectives did not cover the intergenerational benefits, preparedness of the identified institutions on the implementation of the NGP and identification of the implementing agency to ensure health, safety and environmental protection, the level of preparedness on disaster management, and the absence of long term plan (well completion) on the long term effects of gas production on the ecology (flora and fauna) habitats.

    4. Policy recommendations

    SensitizationIt is necessary to inform the population about what is happening at their doorstep and to build capacity to Government officials who are new to the subject. Community need to be informed on all issues pertaining gas exploration and development, that is, what is under implementation, how the projects are going to develop, what the Central Government is planning to do with the resources, and how the region is going to benefit. It is important that the NGP 2013 is translated into Swahili and widely circulated to stakeholders. In addition, simple version of the same should also be circulated to a wider population especially around the areas where the natural gas is exploited, transported and distributed. Sharing benefits and opportunities given by the resource discoveries is a key to gain the support of the civil society and bring the country on a stable and peaceful growth path. There is a need to have awareness, sensitization campaign to the local government authorities and communities on matters related with local oil and gas exploration and development activities.

    Institutional strengthening There is need to ensure TPDC, EWURA and NEMC work in collaboration, very effectively, efficiently and transparently to ensure prevention, reduction, control and limitation of damage, and minimization of the risk from the generation, management, transportation, handling and disposal of hazardous wastes, other wastes and emissions. There is pertinent need to strengthen the capacity of local government authorities in oil and gas as well as natural resources governance.

    Human resources Capacity building Promoting Tanzanian local content is not only in one field of engineers who covers most upstream activities but also on other experts and professionals needed in mid and downstream activities. It is recommended to scale down the use of foreign experts in oil and gas industry. This can be done by using licenses and contracts to bind oil and gas Companies to employ local experts. There should be a mechanism of technology transfer in terms of human capital to generate more employment and economic development.

  • Creation of a domestic marketDomestic consumption should be increased first by establishing and building industries simultaneously while drilling and lying of pipeline are underway. It is recommended to promote local economy by increasing domestic consumption and market by also stimulating domestic investments such as the number of industries which will be established or increase the number of users. To raise public awareness on the cost effectiveness of using gas for household activities rather than other means of energy resources such as electricity, and firewood is another key issue to be considered.

    For further information please contacts;Novati Kessy, Program Officer, Oil and Gas, WWF Tanzania country office, Plot 350, Regent Estate Mikocheni, P.O.Box 63117, Dar es Salaam, Tanzania, Email. [email protected], [email protected], Website.www.panda.org

    AcknowledgementIt is worth to note that most of the information which was analyzed, documented and used to prepare this Policy Brief was collected from the consultations and interviews conducted to members of Mazingira Network (MANET), and Mtwara Region Non-Governmental Organizations networks (MRENGO). We also feel indebted if we would not appreciate the insightful comments which were given by the Oil and Natural Gas Environmental Alliance-ONGEA during the stakeholders meeting workshop which was held in Bagamoyo on 10th to 12th December 2014. Their views and opinions helped to recast and revisit the contents of this Policy Brief.

    DisclaimerThe statements, opinions, and ideas used in this Policy Brief have been retrieved and paraphrased from desk review research studies done by Environmental and Climate Change Consultant, respectively. The views presented in this document dont reflect the official positions of the organisations or individuals involved.

    World Wide Fund for Nature (WWF) is one of the worlds largest and most respected independent conservation organizations. WWFs mission is to stop the degradation of the earths natural environment and to build a future in which humans live in harmony with [email protected]