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Hatimaye Muswada wa Sheria Mpya ya Madini Wawasilishwa Rasmi Bungeni

Discussion in 'Jukwaa la Siasa' started by Pascal Mayalla, Apr 22, 2010.

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    Pascal Mayalla JF-Expert Member

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    Baada ya sintofahamu ya muda mrefu, hatimaye Muswada wa Sheria mpya ya Madini umewasilishwa!
    Spika ameruhusu muswada usomwe huku Wabunge bado hawana copy za muswada huo ila ameahidi zitatoka soon.

    Muswada una mambo makuu 9 na umegawanyika sehemu 11.

    MADHUMUNI NA SABABU
    ______
    Muswada huu unapendekeza kufutwa kwa Sheria ya Madini ya mwaka 1998 na kutungwa kwa Sheria mpya ya madini ya mwaka 2010 itakayofafanua masharti ya utafutaji, uchimbaji, uchenjuaji, biashara ya madini, utoaji wa leseni za madini, ulipaji wa mrahaba na ada mbalimbali na mambo mengine yanayohusu sekta ya madini.
    Muswada unakusudiwa kukabiliana na changamoto mbalimbali zilizojitokeza katika utekelezaji wa Sheria ya Madini ya mwaka 1998.


    Changamoto hizo zinajumuisha fungamanisho la sekta ya madini na sekta nyingine za uchumi, mchango wa sekta ya madini katika pato la taifa na uwezo wa Serikali katika kusimamia Sekta ya madini.
    Katika kukabiliana na changamoto hizo, Serikali iliunda Kamati mbalimbali kutathmini mwenendo wa sekta ya madini. Kamati hizo ni pamoja na: Kamati ya Kuchunguza chanzo cha Migogoro baina ya Kampuni ya AFGEM na Wachimbaji Wadogo wa Mirerani (2002), Kamati ya Kudurusu Sera ya Madini ya mwaka 1997 (2004), Kamati ya Kupitia Mikataba na Mfumo wa Kodi katika Sekta ya Madini (2006), Kamati ya Majadiliano ya Mikataba baina ya Serikali na Kampuni za Madini (2006), na Kamati ya Rais ya Kuishauri Serikali kuhusu Usimamizi wa Sekta ya Madini (2007). Kamati zote zilipendekeza kurekebisha Sera ya Madini ya mwaka 1997 na Sheria ya Madini Namba 5 ya mwaka 1998.
    Muswada umezingatia Mapendekezo yote ya Tume zilizotajwa hapo juu, na inakusudiwa kwamba, baada ya Muswada huu kupitishwa na kuwa Sheria Tanzania itafaidika zaidi kutokana na sekta ya madini.
    Muswada huu umegawanyika katika Sehemu Kuu Kumi na Moja. Sehemu ya kwanza inahusu masuala ya utangulizi ambayo ni jina la Sheria na siku Sheria itakapoanza kutumika, matumizi na tafsiri ya misamiati mbalimbali yaliyotumika katika Muswada.
    Sehemu ya Pili inahusu misingi ya jumla. Katika Sehemu hii, vifungu vinavyohusu udhibiti wa madini, kibali au ruhusa inayotakiwa kwa ajili ya kutafuta au kuchimba madini, aina ya leseni na masharti ya utoaji leseni, uhamishwaji wa leseni ya madini, ada ya sihia, mkataba wa uchimbaji madini, uhalali wa mkataba wa uchimbaji madini, majukumu ya jumla na ya mmoja mmoja, maombi ya leseni ya madini kwa njia ya zabuni na makosa yanayohusu biashara ya madini isiyoruhusiwa.

    Sehemu ya Tatu inahusu masuala ya utawala ambayo vifungu vinavyohusu uteuzi wa Kamishina wa Madini, kazi za kukasimu madaraka ya Kamishna wa madini, uchoraji ramani za kijiolojia, Bodi ya Ushauri ya Madini, Kamati za Bodi, uanzishaji wa Ofisi za Kanda, makatazo kuhusu utoaji taarifa na haki ya ulinzi wa kisheria vinapatikana.
    Sehemu ya Nne inahusu leseni za Madini kwa kujumuisha masuala ya uombaji, utoaji na masharti ya leseni. Sehemu hii imegawanyika katika maeneo matano muhimu ambayo ni eneo A, B, C, D na E. kama ifuatavyo:
    (a) eneo A linahusu leseni za utafutaji Madini,
    (b) eneo B linahusu leseni za uchimbaji madini,
    (c) eneo C linahusu leseni za uchimbaji mdogo,
    (d) eneo D linahusu leseni za uchenjuaji na usafishaji wa Madini, na
    (e) eneo E linahusu masharti mengine yanayohusu leseni za madini.
    Kwa ujumla Sehemu hii inahusu utoaji, uombaji na masharti ya leseni.
    Sehemu ya Tano inahusu leseni ya biashara ya madini. Sehemu hii, inabainisha vifungu vinavyohusu maombi, masharti na utoaji wa leseni za biashara ya madini.
    Sehemu ya Sita ya Muswada inahusu mrabaha, ada na malipo mengineyo pamoja na utaratibu wa ulipaji. Katika Sehemu hii ibara zinazohusu mirabaha, malipo pasipo murahaba; makadirio ya mrabaha na ukatazaji biashara ya baadhi ya Madini zimeainishwa.
    Sehemu ya Saba inahusu udhibiti wa maeneo ya uchimbaji, taarifa, uzuiaji na haki ya uingiaji. Katika Sehemu hii ibara zinazohusu masharti ya udhibiti wa maeneo ya uchimbaji dhahabu
    na madini ya vito na haki ya uingiaji kwenye maeneo yenye leseni za Madani yamefafanuliwa.
    Sehemu ya Nane inahusu utatuzi wa migogoro ambapo Kamishina wa madini anaruhusiwa kutatua migogoro. Utekelezaji wa maamuzi ya Kamishna, na haki ya rufaa katika Mahakama Kuu na taratibu zake ni mambo yaliyozingatiwa katika sehemu hii.
    Sehemu ya Tisa inahusu masuala ya ujumla kuhusu usajili wa leseni za madini ambapo ibara zenye masharti ya leseni na uwasilishaji wa ushahidi kwa Kamishna wa madini.
    Sehemu ya Kumi inahusu masuala ya jumla kama vile madini ya mionzi, kujisajili na Soko la hisa, uhamishaji wa umiliki wa Kampuni na mamlaka ya Waziri kutunga Kanuni.
    Sehemu ya Kumi na moja inahusu kufutwa kwa Sheria ya madini Namba 5 ya mwaka 1998 na kuhifadhi kwa baadhi ya masharti yaliyotolewa chini ya Sheria inayofutwa.
    Dar es Salaam, WILLIAM M. NGELEJA,
    6 Aprili, 2010 Waziri wa Nishati na Madini ​
     
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    Pascal Mayalla JF-Expert Member

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    Uchimbaji madini ya Vito ni kwa Watanzania tuu!.
     
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    Pascal Mayalla JF-Expert Member

    #3
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    Hakuna vibali vya kuchimba Uranium, ni serikali tuu itahodhi madini hayo.
     
  4. P

    Pascal Mayalla JF-Expert Member

    #4
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    Mwekezaji wa madini sasa ni kuanzia mtaji wa Dola, Milioni 100!.
     
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    Pascal Mayalla JF-Expert Member

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    Leseni ni 5
    Utafutaji mkubwa
    Uchimbaji mkubwa ni hadi miaka 25 tuu.
    Uchimbaji Mdogo
    Uchenjuaji na usafishaji
    Biashara ya Madini
     
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    Pascal Mayalla JF-Expert Member

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    Makampuni yanalazimisha wataalamu wazalendo kufundishwa kuchukua nafasi za wageni.
     
  7. Selous

    Selous JF-Expert Member

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    Ok mkuu...... Tutapata ufafanuzai baadae hatma ya MANTRA NA URANEX
     
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    Pascal Mayalla JF-Expert Member

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    Pia amezungumzia Mrahaba, kama kawaida ya Wasukuma, matamshi ya mrabaha yanachanganya na mrahaba. Nijuavyo mimi neno sahihi ni Mrahaba, na sio Mrabaha. Waziri saa zote anasema Mrabaha, kuna uwezekano hata sheria hiyo imeandikwa Mrabaha.
     
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    Pascal Mayalla JF-Expert Member

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    Waziri amesema muswada unabaki ule ule uliogaiwa ila usomwe pamoja na jedwali la mabadiliko.
    Jamaa kamshukuru mpaka mkewe Blandina, na kupiga chapuo la kuomba kura kiaina kwa kuwashukuru wapiga kura wake wa Sengerema.
     
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    Pascal Mayalla JF-Expert Member

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    Sitta ampongeza Waziri Ngeleja kwa kuuita Msaada wa Kihistoria, akarekebisha na kusema Mswaada wa kihistoria bila kusema ni wa kihistoria kivipi, labda under the certificate of urgency au uwasilishaji mfupi sana!
     
  11. Maxence Melo

    Maxence Melo JF Founder Staff Member

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    Hebu wakuu pitieni kitu hiki kwa haraka:


    AGENDA PARTICIPATION 200

    PRESS STATEMENT


    COMMENTS AND CSO REACTION ON NEW MINING BILL 2010



    AS we may all be aware, this week the government plans to table the new mining bill 2010 before parliament. This bill will be tabled under a certificate of urgency meaning that parliament will be required to deliberate and pass this bill on the same day.

    Over the past few days, there has been serious reaction and concern from the citizens and civil society organizations (CSOs) in regards to the manner in which the bill is being presented before parliament.

    As a civil society organization, Agenda Participation 2000 (AP2000) has followed with keen interest this development and through our advocacy desk on extractive industries we have joined other citizens and CSOs in expressing our concern in regards to the rationale as to why this bill should be presented under certificate of urgency.

    We would like to clarify our position that AP2000 and other stakeholders are not opposed to the bill. We are opposed to the hasty process in which the bill is being presented before parliament for approval. We acknowledge that government has come a long way in reforming the current mining regime. The new mining policy contains very excellent provisions that have addressed some of the key concerns and critical issues that were contained in the previous policy and Mining Act 1998.

    This bill was or is supposed to be the epitome or climax or conclusion of a long mining reform process which started in 2006. Our concern is that its hasty tabling, marathon debate and approval by parliament without serious parliamentary scrutiny may jeopardize the good intentions that this law seeks to achieve.

    After consistent advocacy, a copy of this bill was made public for the first time on Thursday, 15th April 2010. Today, Sunday 18th April the bill was presented to the parliamentary committee on legal and constitutional affairs and a miniature public hearing conducted during which few members of the civil society were invited to make their views. Due to short notice very few CSOs attended this session and the quality of participation was highly compromised by lack of adequate time to read and internalize the bill.

    However after making a quick review of the bill, we hereby make the following concerns and comments on some of the provisions of the proposed new law.

    1. Under part 1 section 2, the territorial application of the bill extends to cover the entire sea bed and subsoil of the continental shelf, as well as land beneath the territorial sea of the United Republic of Application. By this provision this bill has mandate over the entire United Republic of Tanzania including Zanzibar. If this is the case to what extent have the people for Zanzibar been consulted on this bill?

    According to schedule one of the Constitution mentions 22 Union matters and on item 15 it mentions “mineral oil resources and natural gas” and practice show that Zanzibar receives no share from mineral extraction so implying that minerals are not a union matter.

    If this is the case, this provision as it stands is too vague or general and may be subject to wider interpretation to mean this law applies to Zanzibar. In future this may be a recipe for chaos given the fact the minerals, oil and gas have been issues of controversy between Zanzibar and the union government. The bill needs to be specific on its territorial application.

    2. The bill is still embracing secrecy. Section 25 of the bill still maintains restriction to disclosure of information and largely bestows any disclosure to be made after consent by the holder to the mineral right. This provision does not specifically include MPs among the list of people or officials entitled to having access to this information.

    3. The bill is very soft and not specific on environmental pollution issues. The bill under section 46 & 51 confers the holder of the mining licenses or his servants or agents exclusive rights to stack or dump any minerals or waste product in a manner provided for in his management plan and regulations. Our experience is that quite often the Environment Impact Assessments (EIA) are never properly conducted and monitored by government. Entrusting this exclusive right into the hands of the licence holder is danger as it gives an opportunity for the licence holder dumping waste as they so wish.

    Under section 99 the bill gives the commissioner the discretion to determine the period with in which the mineral right holder has to show cause refraining from using wasteful practices. Our recommendation is that the bill should be specific to avoid ambiguities and laying discretionary powers in the hands of the commissioner who may sometimes not be proactive in enforcing the law.

    4. Section 53 of the Bill is not clear on the renewal of the mining licence. The section states that the licence right holder may, not later six months prior to expiry date of the licence, apply to the minister for a renewal of his licence. It is not clear whether this section requires the licence holder to apply for renewal not later than six months or with in six months prior to expiry. There is need for clarification

    5. The bill does not mention anything in regards to dealing with situations of emergence e.g. the toxic spillage which occurred in North Mara. Whose responsibility should it be to treat and compensate the victims? Currently the victims from this toxic spillage have neither received any assistance from government nor the mining companies. The only assistance has been provided by faith based organizations.

    6. The bill does not have any provision curbing illegal practices like transfer pricing or mispricing to evade taxes. Transfer pricing refers to a situation where a multinational company with offices in more than one country colludes with it subsidiary companies in low tax jurisdictions to avoid taxes in relatively higher tax jurisdictions.

    Through transfer pricing or mispricing local subsidiaries of multinational companies collude with their headquarters or other subsidiaries in low tax jurisdictions or tax havens to supply goods and services at inflated prices so as to reduce the profit margins of the subsidiary companies in high tax jurisdiction. A classic example of transfer pricing would be as follows. A multinational company A with headquarters in country G sets up a subsidiary company in Tanzania and another subsidiary company in Country H which has a low tax regime. During its operations the subsidiary company in Tanzania will ask its sister company in Country H to supply goods and services to the Tanzanian branch at inflated prices. This will drastically reduce the profits of the Tanzanian branch and boost the profits of the subsidiary branch in Country H. These profits would finally be repatriated to the Head quarters in Country G. This syndicate games on for years and during this entire period the Tanzanian subsidiary will continuously declare looses.

    7. Under section 64 the bill is silent on what happens when someone abandons the land subject to mineral rights without notification to the government. We already have a similar experience in Buhemba where the South Africans abandoned the Meremeta –Tangold mine without formal notification and hand over to government. Currently, the formerly prosperous gold mine is wasting away after desperate citizens invaded the abandoned gold mine and pilfered every piece of valuable equipment at the mine site. The once famous gold mine is now an expansive land area dotted with bottomless open mine pits, heaps of blast stones and contaminated water ponds which both combine to create an environmental eye sore.

    8. Under section 96 (2) restricts the lawful occupier of the land in a mining area from erecting any building or structure in the area without consent of the registered holder of the mineral rights concerned. This provision is subject to creating conflicts and disputes between the lawful occupier of the land and the registered holder of mineral rights. The immediate question why give mineral rights to someone else over some ones lawfully occupied land? The best modality would be to give mineral rights to some one after the land has been lawfully acquired from its previous lawful occupier

    9. The bill has not sufficiently handled matters of compensation, relocation and resettlement. Under this bill it is not clear whose responsibility is it to compensate, relocate and resettle former occupiers of the land over which the mineral right holder extends. Previously this has been a major issue as mining companies claim it is government’s to compensate, relocate and resettle residents and victims of mining operation. In Geita villagers evicted from Mtakuja village still live as refugees residing in an abandoned court house where they were abandoned following an eviction to pave way for the construction of Geita Goldmine. Since neither the government nor the mining companies have taken responsibility to properly resettle these families. This bill should be clear.

    10. The bill doesn’t mention anything to do with compensation of workers who suffer or may be affected by mining operations. Nothing is stated in regards to compensation of villagers who may be affected by mining operations.

    11. Under section 97 (2) the bill states that the procedures established under the Land Act and the village land Act with regards to establishing the market value of land shall apply. By stating so, the bill assumes that minerals can only be found in villages. What will happen where minerals are discovered in urban or peri urban areas?

    12. The bill does not recognize the appreciation of land due to discovery of minerals. Under section 96 (4) where the value of any land has been enhanced by prospecting or mining operations, compensation payable pursuant to subsection (3) in respect of the land shall NOT exceed any amount which would be payable if the value had not been so enhanced. In other words, the value of land does not appreciate because of its mineral wealth. Why should this be the case?

    13. The bill does not mention anything in regards to corporate social responsibility and how companies should conduct their corporate social responsibility practices. In the past we have experiences where companies have charged expenses incurred on corporate social responsibility as operational expenses and yet the internationally accepted practice is that corporate social responsibility programs should be charged on the profits.

    14. There is no responsibility or role mentioned of local government authorities especially village councils etc in dispute settlement. Under section 102 of Part VIII of the bill, the commissioner is the major player in settlements disputes. This denies the local leaders the opportunity to participate in settling disputes at the local level involving ordinary citizens. The commissioner is always based in Dares Salaam and may have no local knowledge of the disputes that often involve local citizens with mining companies. Local village leaders should be given mandate to participate in this important process.

    15. The penalty for prospecting or carrying on mining operations with out authority under the Bill is still low. Under part 2 (3) (a) any person prospects or carries on mining operations with out authority commits an offence and on conviction liable to a fine not exceeding Tsh5milion or to imprisonment for a period not exceeding three years or both. For corporate bodies the fine is placed at not more than Tsh 50million. These figures are low since mining companies are always very rich and may not be deterred by these low amounts of fines to engage in illegal prospecting and mining operations. We also propose that the amounts for penalties, payments etc should stated in currency points rather than amounts since these figures may loose value over time

    We are informed that one of the reasons for taking the bill to parliament under a certificate of urgency was an attempt to beat the extreme resistance and pressure that is being exerted on government by the mining companies and their share holders.

    Our position is that the government should not succumb to this pressure. The consequences of succumbing to such pressures in the past have long been felt. For many years the government has suffered insurmountable pecuniary and social costs at the expense of the mining companies. The minimal contribution of mining to Tanzania’s GDP is known to everyone including the mining companies. The mining reform is aimed at re-addressing this abnormally. At this point there can not be any let back

    As the debate rages in Dodoma, the Csos and citizens will be watching with keen interest to see on whose side will the parliamentarians and government align to? Our position is that a prosperous Tanzania is possible-Just play your part!

    Prepared and signed by

    Mr Moses Kulaba, Executive Secretary, AP2000

    Contact Details:
    5th Floor, Ubungo Plaza
    Tel: + 255 22 2460036/ 39
    Mob: + 255 754 844410
    Date: 18th April 2010
     
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    Pascal Mayalla JF-Expert Member

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    Mwenyekiti wa Kamati ya Bunge ya Nishati na Madini, Mhe. Wiliam Shelukindo, umeusifu muswada huu. Shelukindo ametamka neno Mrahaba lipasavyo.
    Amesema sasa Tanzania itafaidika na rasilimali za madini na wanaozunguka migodi kunufaika.
     
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    Pascal Mayalla JF-Expert Member

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    Mhe. Shelukindo anatoa maoni na mapendekezo ya kamati yake kuwa hoja za Kamati ya Jaji Bomani mwanzo hazikuzingatiwa, sasa zimezingatiwa. Kamati yake imefarijika sana.
    Kutaanzishwa kwa mamlaka ya madini kutakakoweka usimamizi bora.
    Pia kamati imeshauri uanzishwe mfuko wa maendeleo wa madini ili kuwasaidia wachimbaji wadogo.
     
  14. P

    Pascal Mayalla JF-Expert Member

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    Uchimbaji madini ya vito ni kwa Watanzania tuu, ina maana ili mgeni achimbe vito, lazima aingie ubia na wazawa.
    My Take, kama sheria hii ingetumika kwenye kila uwekezaji, mbona Watanzania tungekuwa mbali. Dubai ndio hivyo, aridhi yote ni mali ya waarabu tuu, only them, ila investment ya juu ya ardhi hiyo ndio lazima uingie ubia.
     
  15. Selous

    Selous JF-Expert Member

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    Hivi msemaje kambi ya upinzani ni nani?
     
  16. Kaizer

    Kaizer JF-Expert Member

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    Kwa nini wauwasilishe kwa hati ya dharura? kuna dharura gani kwenye madini ikiwa kuna kamati zimeundwa miaka hiyo hatujui mapendekezo yake, leo mswada unawakilishwa ki ivyo!

    nadhani ni siku mbaya kwa taifa hili...
     
  17. The Son of Man

    The Son of Man JF-Expert Member

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    Ngoja tusubiri wabunge wachangiaji tusikie wanasemaje. Asante mkuu ulivyokuwa unasammarize, kama mwandishi wa habari!
     
  18. P

    Pascal Mayalla JF-Expert Member

    #18
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    Shelukindo anamaliza ndipo atakuja msemaji wa kambi ya upinzani. Pia Andrew Chenge, Zitto Kabwe ambao japo si wajumbe, lakini wameisaidia sana kamati yake.
     
  19. PhD

    PhD JF-Expert Member

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    msemaji wa upinzani ni ismail jusa toka cuf
     
  20. PhD

    PhD JF-Expert Member

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    kuna kila dalili leo mswaada unapita kiulaiini , jana jioni wabunge wa ccm waliwekwa kitimoto kikali
     
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