The question needs to us to give a legal opinion on oil and gas exploration in Tanganyika has a

legal advisor to the Minister of Energy. To answer this question firstly we will explaining about
the introductory part which will contain following aspects of are oil and gas exploration in
Tanganyika and what the law provides on such undertakings?, secondly we be the main body it
will contain what procedures should be followed in undertaking and reviewing the environmental
impact statement if the anticipate plan becomes a reality and what recommendations should be
made to the Minister and lastly we would conclude to answer the question . By starting with
introduction has explained above;

INTRODUCTION
OIL AND GAS EXPLORATION IN TANGANYIKA
What is Oil and gas exploration?
Oil and gas exploration is the process of searching for and identifying potential for underground
reservoirs of oil and natural gas and extracting them1. There are two kinds for oil and gas
exploration which are: onshore and offshore oil and gas exploration. On shore exploration
involves oil and gas exploration which is taking place on the land while offshore involves oil and
gas exploration which is taking place in water bodies. Oil and gas exploration in Tanganyika can
be found in the coastal regions of such as Songo Songo Island which is home to the Songo Songo
Gas and also Pemba. Benefits of oil and gas exploration are Economic Growth, Energy security,
revenue generation, development of infrastructure, Technological transfer and employment
opportunities2. Although there many benefits of oil and gas exploration but without proper law
regulating the exploration of oil and gas in the particular areas such as Tanzania it may a lot of
negative not only to the environment but also to the community and large. Environment impact
of oil and gas exploration can include habitat disruption and destruction, the release of
greenhouse gases and air pollutants, the exploration and development of oil and gas can
contribute to climate change through the release of carbon dioxide and other greenhouse gases.
Oil and gas exploration should be done while considering the laws.
WHAT LAW PROVIDES ON SUCH UNDERTAKING (THE DEVELOPMENT OF OIL
AND GAS EXPLORATION)

1
R .Stoneley, Introduction to Petroleum Exploration for Non-Geologists, Oxford University Press, Oxford 1995,15
2
The exploration and production of oil and gas in Tanganyika are governed by the petroleum
( Exploration and Production) Act of 1980. The Act establishes the legal framework for
regulating the hydro-carbon industry and outlines the rights, obligations and procedures for oil
and gas operations. Some key provisions of the Act include
Licensing and open areas the exploration activities; The act empowers the Minister of Energy
to give license to any developer intending to do oil and gas exploration in Tanganyika according
to section 43 of the Petroleum Act [cap 21 R.E of 2015] gives power to grant license it state “
The minister shall grant have power to grant license3” . It outlines the requirements, procedures,
and conditions for obtaining and maintaining these licenses under section 66 and 67 of the
Petroleum Act [cap 21 R.E of 2015] also according to section 33(7) of the Petroleum Act [cap 21
R.E of 2015] it empower the Minister to open areas for the exploration of activities it state “ The
minister shall after taking into consideration on the report and view of an interested person
submit recommendations to the cabinet for the approval on wheltever or not to open areas for
petroleum activities. Through this the Minister of Energy Hon. Tambo must give and known and
provide the specific areas for the oil and gas exploration.
Environment considerations; While the 1980 act does not exactly address environmental impact
assessment (EIA), It is essential to note that subsequent legislation and regulations have been
enacted to ensure the protection of the environment during oil an gas activities. These include
Environment management Act which requires developers to conduct Environmental impact
assessment before commencing with the operations. According to section 81(2) of the
Environmental management act [cap 191 R.E of 2004] it state “An environment impact
assessment study shall be carried prior to the commencement or financing of a project or
undertaking” 4it shows it is a must to conduct EIA also section 82(1) it gives power to the
Minister to provide guideline on how environmental impact assessment should be conducted. It
is necessary for companies which want to do oil and gas exploration in Tanganyika do to
environmental impact assessment in order to conserve the environment.
Local participation; The Act does not explicitly exclude the local business community from
participating in the oil and gas sector because it section 218(3) of the Petroleum Act [cap 21 R.E
of 2015] it state “The local company referred to in subsection(2) shall own share of at least

3
Petroleum Act [cap 21 2015]
4
Environmental management act [cap 191 R.E of 2004]
twenty five percent in the joint venture5”. However it is crucial to reconsider the government’s
policy in the master plan, which suggests that the local business community lacks requisite
capital to invest. This policy should be reviewed in light of the current economic and social
considerations.
WHAT PROCEDURES SHOULD BE FOLLOWED IN UNDERTAKING AND
REVIEWING THE ENVIRONMENT IMPACT STATEMENT IF THE ANTICIPATED
PLAN BECOMES A REALITY
If the proposed oil and gas exploration plan becomes a reality the following procedures should be
followed for undertaking and reviewing the environment impact statements
Step 1: Project Registration and Screening
In the process of conducting an Environmental Impact Assessment (EIA) for oil and gas
exploration projects, the initial step involves project registration and screening. The developer or
proponent submits a completed registration form and a Project Brief or Scoping Report to the
regulatory authority, known as the Council, in accordance with Regulation 4A. The Council
carefully examines and screens the submitted documentation, considering regulations 7, 9, and 10
to ensure compliance with regulatory requirements. The Council then conducts a comprehensive
screening of the proposed project, adhering to Regulation 9 and any guidelines issued by the
Minister for this purpose. This screening process evaluates various aspects, including potential
environmental impacts, mitigation measures, and adherence to environmental standards. These
steps set the groundwork for the subsequent stages of the Environmental Impact Assessment,
allowing for a thorough 6evaluation of the potential environmental effects associated with the oil
and gas exploration project.
Step 2: Scoping
In the Environmental Impact Assessment (EIA) process for oil and gas exploration, a scoping
exercise is conducted by the developer, proponent, or environmental experts to fulfill several
objectives. Firstly, it aims to identify the primary stakeholders who may be
positively or negatively impacted by the proposed project. Secondly, it involves identifying the
main concerns raised by stakeholders regarding the project. Additionally, the scoping exercise
includes identifying alternative project options that could be considered. It also entails
determining the likely environmental impacts, data requirements, and the tools and techniques
5
Petroleum Act [cap 21 R.E of 2015]
6
The environment management ( Environment impact assessment and audit) ( Amendment ) Regulations 2018
necessary for impact identification, prediction, and evaluation. Defining the project boundaries in
terms of spatial, temporal, and institutional aspects is another key aspect of the scoping exercise.
Furthermore, environmental experts or firms ensure adequate stakeholder participation
throughout the EIA process, including during the scoping stage. Finally, the developer,
environmental experts, or firms prepare a comprehensive Scoping Report and terms of reference
for the Environmental Impact Assessment, which are then submitted to the Council for approval. 7
Step 3: Baseline Study
The baseline study is a crucial step in the EIA process for oil and gas exploration. It involves
conducting a detailed survey of the existing social, economic, physical, ecological, social-
cultural, and institutional environment within the project's boundary area. The environmental
experts or an expert firm undertake this study to gather comprehensive data and information on
the current state of the environment before the proposed project implementation. The baseline
study encompasses various aspects such as natural resources, socioeconomic conditions, cultural
heritage, and governance structures. To ensure the study's accuracy and inclusiveness, the
consultant facilitates stakeholder participation, engaging local communities, government
agencies, and other relevant stakeholders who possess valuable knowledge about the project area.
Step 4: Impact Assessment
The impact assessment is a crucial step in the EIA process for oil and gas exploration. It involves
several key elements:(a) The consultant conducts impact identification, prediction, and evaluation
using appropriate techniques and approaches specified in the guidelines. This assessment aims to
identify and assess the potential environmental, social,
economic, and cultural impacts of the proposed project. The significance of these impacts is
determined based on the assessment.(b) Throughout the impact assessment, the environmental
experts or firm of experts consider and incorporate the concerns and views of stakeholders.
Stakeholder engagement ensures that diverse perspectives and relevant concerns are considered
during the assessment, promoting transparency and inclusiveness in the decision-making process.
(c) The environmental experts or firm of experts assess all possible alternatives to the proposed
project and evaluate their impacts. This includes exploring alternative approaches or technologies
that could mitigate adverse impacts or provide more sustainable solutions. Recommendations for

7
The environment management ( Environment impact assessment and audit) ( Amendment ) Regulations 2018
the most appropriate options are provided based on the assessment, taking into account
environmental sustainability, social acceptability, and economic feasibility. 8
Step 5: Impact Mitigation and Enhancement Measures
In the Environmental Impact Assessment (EIA) process for oil and gas exploration, Step 5
focuses on developing measures to mitigate negative impacts and enhance positive effects. This
step involves the following key actions:(a) The environmental experts or firm of experts prepare
impact mitigation measures for all identified negative significant impacts. These measures aim to
eliminate, reduce, or remedy the negative impacts associated with the proposed project.
Mitigation measures may include technological improvements, changes in project design, or
implementation of best practices to minimize adverse effects on the environment and affected
stakeholders.(b) The environmental experts or firm of experts prepare enhancement measures for
all significant positive effects resulting from the project. These measures aim to maximize the
project's contribution to social development and environmental conservation. Enhancement
measures may include initiatives to improve local livelihoods, protect biodiversity, or promote
sustainable practices that benefit the community and the environment.(c) The environmental
experts or firm of experts develop a Mitigation and Enhancement Plan, which outlines the
specific measures to address significant negative impacts and enhance positive effects. This plan
includes details about institutional responsibilities and, where applicable, the estimated costs
associated with implementing the mitigation and enhancement measures.(d) Mitigation and
Enhancement Plan, the environmental experts or firm of experts prepare a Monitoring Plan and
an Environmental and Social Management Plan. The Monitoring Plan outlines the framework for
monitoring the project's impacts and the effectiveness of mitigation and enhancement measures.
It includes details about institutional responsibilities, monitoring parameters, indicators, and, if
applicable, the associated costs. The Environmental and Social Management Plan provides
guidelines and procedures for managing and addressing environmental and social issues
throughout the project lifecycle9
Step 6: Preparation of Environmental Impact Statement
Step 6 in the Environmental Impact Assessment (EIA) process for oil and gas exploration
involves the preparation of an Environmental Impact Statement (EIS). The key actions in this
step are as follows:(a) An environmental expert or a firm of experts prepares a comprehensive
8
The environment management ( Environment impact assessment and audit) ( Amendment ) Regulations 2018
9
The environment management ( Environment impact assessment and audit) ( Amendment ) Regulations 2018
EIS that adheres to the prescribed contents outlined in the regulations. The EIS assesses the
potential environmental, social, and economic impacts of the proposed project and includes
detailed information on the project description, baseline conditions, potential impacts, proposed
mitigation measures, and monitoring plans.(b) The EIS is accompanied by a non-technical
summary that provides a condensed overview of the key findings and recommendations in both
Kiswahili and English languages. This summary ensures accessibility to a broader audience,
including local communities and stakeholders who may have limited technical knowledge.(c) The
appendix of the EIS includes all technical details, such as assessment methodologies, a list of
consulted stakeholders and their signatures, drawings, and terms of references. These details
support transparency and provide additional information and references for stakeholders and
decision-makers.10
Steps 7: Review of Environmental Impact Statement(EIS)
Step 7 in the Environmental Impact Assessment (EIA) process for oil and gas exploration
involves the review of the prepared Environmental Impact Statement (EIS) by the Council
responsible for overseeing the process. The key actions in this step are as follows:(a) The Council
conducting the review of the EIS follows the designated review criteria and any guidelines issued
under the regulations. The review is conducted to assess the completeness, accuracy, and
adequacy of the EIS in addressing the potential environmental, social, and economic impacts of
the proposed project.(b) The Council may organize a public hearing and facilitate a public review
of the EIS. This allows interested stakeholders, including the public, local communities, and
relevant experts, to provide their input and feedback on the EIS. The conditions and procedures
for the public hearing and review are stipulated under the regulations.(c) Following the review
process, the Council submits a review report to the Minister along with its recommendations and
all documents used in the review. The report includes an assessment of the EIS and its
compliance with the regulations. Based on this review, the Minister will make a decision to either
approve or disapprove the EIS.
Steps 8: Environmental Monitoring and Auditing
Step 8 in the Environmental Impact Assessment (EIA) process for oil and gas exploration
involves environmental monitoring and auditing to assess the effectiveness of mitigation
measures and ensure compliance with approved plans and environmental standards. The key

10
The environment management ( Environment impact assessment and audit) ( Amendment ) Regulations 2018
actions in this step are as follows:(a) The Council responsible for oversight conducts
environmental monitoring to verify the impacts, adherence to approved plans, environmental
standards, and compliance with the terms and conditions outlined in the Environmental Impact
Assessment certificate. This monitoring aims to assess the actual performance of the project in
relation to the predicted impacts and mitigation measures.(b) The developer also undertakes
monitoring to evaluate the implementation and effectiveness of the mitigation measures. This
self-monitoring process helps the developer ensure that the planned measures are effectively
reducing or mitigating negative environmental impacts.(c) Both the Council and the developer
collect relevant data during the monitoring process, which can be used for future projects and
overall environmental management purposes.(d) Environmental audits are conducted by both the
Council and the developer. These audits assess various aspects of the project's environmental
performance, including implementation and enforcement of mitigation measures, compliance
with relevant legislation and safety standards, and accuracy of impact predictions compared to
actual monitored impacts.(e) Mechanisms for stakeholder participation during the monitoring and
auditing process are defined and followed to ensure transparency and inclusiveness.(f) The
auditing exercise may focus on different areas, including implementation/enforcement audit,
performance/regulatory audit, impact prediction audits, and data compilation for future reference
and project management. 11
Steps 9: Decommissioning
Step 9 in the Environmental Impact Assessment (EIA) process for oil and gas exploration
involves the decommissioning of the project at the end of its life cycle. The key actions in this
step are as follows:(a) The developer is responsible for undertaking the decommissioning
activities based on the proposals outlined in the Environmental Impact Statement. The
decommissioning plan should address how the project's impacts will be addressed, including the
costs associated with implementing mitigation measures.(b) The Council continues to monitor the
implementation of the decommissioning plan, ensuring that the necessary measures are taken to
rehabilitate the affected land and other resources. This monitoring helps ensure that the
decommissioning activities are carried out in accordance with the approved plan and that any
negative impacts are adequately mitigated.(c) The decommissioning report should address
various aspects, such as the welfare of workers, the impact on resource users, and the general

11
The environment management ( Environment impact assessment and audit) ( Amendment ) Regulations 2018
livelihoods of affected communities. It is important to ensure that the decommissioning process
does not leave workers or resource users worse off and takes into consideration their well-being
and sustainable livelihoods.12
WHAT RECOMMENDATIONS SHOULD BE MADE TO THE MINISTER
As a legal advisor to the Minister of Energy in Tanganyika regarding the proposed development
of oil and gas exploration, I would recommend the following key considerations:
Strengthen Regulatory Framework: Ensure that the existing petroleum legislation, including
the Petroleum (Exploration and Production) Act of 1980, is comprehensive, up-to-date, and
aligned with international best practices. Consider revising or enacting new laws, regulations, and
guidelines to address emerging issues, promote transparency, and enhance environmental
protection.
Environmental Impact Assessment (EIA): Emphasize the importance of conducting a thorough
and robust EIA process for all oil and gas exploration activities. This includes adherence to the
steps outlined in the EIA regulations, such as project registration and screening, scoping, baseline
study, impact assessment, mitigation measures, and monitoring. Encourage stakeholder
participation and ensure that adequate resources are allocated for conducting EIAs.
Environmental Conservation and Mitigation: Prioritize environmental conservation and the
mitigation of negative impacts throughout the project lifecycle. This includes implementing
effective measures to minimize pollution, protect sensitive ecosystems, and preserve biodiversity.
Require developers to develop comprehensive Environmental and Social Management Plans, as
well as monitoring programs, to ensure compliance and timely corrective actions.
Stakeholder Engagement and Benefit Sharing: Promote meaningful and inclusive engagement
with local communities, indigenous groups, and other stakeholders affected by oil and gas
exploration. Encourage the establishment of mechanisms for consultation, information sharing,
and the equitable distribution of benefits. Consider the socio-economic impacts of the project and
prioritize the well-being and livelihoods of local communities
Compliance and Enforcement: Strengthen mechanisms for monitoring and enforcing
compliance with environmental and safety regulations. Ensure that adequate resources are
allocated to regulatory bodies responsible for oversight and enforcement. Encourage the
development of robust penalties and sanctions for non-compliance to deter potential violations.

12
The environment management ( Environment impact assessment and audit) ( Amendment ) Regulations 2018
Regular Review and Adaptation: Establish a framework for regular review and adaptation of
the regulatory framework and policies governing oil and gas exploration. This will enable the
government to address emerging environmental challenges, technological advancements, and
changing global standards.

CONCLUSION

The proposed development of oil and gas exploration in Tanganyika requires careful
consideration and adherence to a comprehensive regulatory framework. By strengthening the
existing legislation, conducting thorough environmental impact assessments, prioritizing
environmental conservation and mitigation measures, engaging stakeholders, building capacity,
and promoting international cooperation, the Minister can ensure responsible and sustainable
exploration of oil and gas resources. It is essential to strike a balance between economic
development and environmental protection, while safeguarding the interests of local communities
and promoting equitable benefit sharing. With these considerations in mind, Tanganyika can
embark on its oil and gas exploration journey in a manner that is socially, economically, and
environmentally responsible, contributing to the country's development goals while preserving its
natural heritage for future generations.

BIBLIOGRAPHY

 Petroleum Act [cap 21 R.E of 2015]

 Environmental management act [cap 191 R.E of 2004]
 The environment management ( Environment impact assessment and audit) ( Amendment
) Regulations 2018
 The mining act [ cap 123 R.E.2019]
 Stoneley R, Introduction to Petroleum Exploration for Non-Geologists, Oxford University
Press, Oxford 1995.
 Fanchi J, The Oil and Gas Exploration and Production Process, PennWell Books, Tulsa
2008.
WEBSITES

 https://www.tpdc.co.tz/
 https://energy.go.tz/