Legal FrameworkGoverning

Cyanidation Processin Mineral Extraction

in TanzaniaAn Examination of its Nature and

Effectiveness with a Case Study ofMedium Scale Gold Mining in

Nyakagwe Geita District

Gilbert NZAMBA

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Mineral and Petroleum Law Research SeriesJune 2015

Centre for Mineral and Petroleum Law (CMPL)St. Augustine University of Tanzania

CHAPTER ONE

GENERAL INTRODUCTION

1.0 Introduction

Gold mining is one of the economic activities conducted in different regions of Tanzania

such as Geita, Shinyanga, Mwanza and Tabora. From the early time1 mostly the method

used in Gold extraction was the local method of crushing the mineral ore and gravity

separation of Gold from sand. In 2000s there emerged another modern chemical method

in Gold processing known as cyanidation which involves the use of deadly, toxic and

poisonous chemical substances known as cyanide.2 This has led to the improved

production in Gold mining in Tanzania because low grade ores and ores that cannot be

readily treated through simple physical processes such as crushing and gravity separation

can now be extracted using cyanide.

1.1 Background to the Study

Cyanidation in Tanzania is one of the modern and emerging processes in mineral

processing especially to small scale miners and local medium scale miners. The use of

cyanide has resulted to the effective production of gold especially to medium scale

1From the 1960s during the colonial era and also post independent period.2 The cyanidation process is currently conducted by all small scale miners, medium scale miners and largescale miners in Tanzania.

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miners and therefore increases the wealth of the miners and the development of mineral

sector in Tanzania. The authorization and licensing of the use of cyanide in Tanzania is

governed by law and therefore cyanide can legally be used in the extraction of Gold in

Tanzania.3

The forms of mining particularly those that use toxic materials such as cyanide are

beginning to get the attention of the public. This is because internationally, many

countries have started to ban the use of cyanide in Gold and Silver Mining.4 In reaction

to cyanide accidents, international communities are beginning to speak out against

cyanide leach mining. Most notably, voters in Montana passed an initiative in

November 1998 banning cyanide heap-leach mining. The initiative, now state law,

prohibits the development of new open-pit cyanide leach mines. This initiative was a

response to the dismal track record of open pit cyanide leach mining in Montana and the

failure of the state to adequately regulate such mines.5

1.2 Statement of the Problem

It is obvious that cyanidation is conducted by medium scale gold miners in Tanzania and

through cyanidation they have improved Gold production and resulted in the

development of mineral sectors in Tanzania. But it is widely known that cyanide is a

major contributor to environmental damage.6 The question is whether there is an adequate

legal framework to regulate the use of cyanide in mineral processing? This is the problem

which this research seeks to address.

3 The Mining Act of 2010, The environmental management Act of 2004.4 Like Czech republic, Greece, turkey, Germany, Hungary Costa Rica Argentina, Ecuador and Montana.5 http://meic.org/issues/mining-in-montana/hardrock-and-cyanide-mining-in-montana/ban-on-cyanide-mining-in-montana-with-initiative-137/ - accessed on 1st June, 2015.6 Land pollution, water pollution and air pollution.

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1.3 Research Objectives

1.3.1 General Objective

To find out if there is an adequate legal framework to deal with the process of cyanidation

in gold production

1.3.2 Specific Objectives

(a) To find out if there is adequate framework for protection of the environment in the

context of mining.

(b) To find out if the current framework on environmental health and safety covers

matters of cyanidation.

(c) To examine the effectiveness of environmental laws in management of cyanide in

gold production.

(d) To pinpoint the authorization and licensing of cyanidation in Tanzania

(e) To examine the environmental effects of cyanidation in mining areas.

1.4 Research Question

i. To what extent the mineral laws regulate cyanidation to medium scale miners?ii. What are the challenges facing the implementation of the laws on cyanidation in

minerals processing?

1.5 Scope of the Study

The study is intended to focus on the laws governing cyanidation processes and

environmental management in mineral processing specifically to medium scale miners in

Nyakagwe Geita. However the outcome of this study may be considered analysis of the

whole country.

1.6 Significance or Justification of the Study

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The study is planned to reveal the legal challenges pertaining to Cyanidation in mineral

processing and environmental management. The findings significant for the fulfillment of

the requirement for the award of the Bachelor of laws. Other significance is to create

awareness to the medium scale miners on the impacts of cyanide to the environment also

to prove knowledge on the public on the legal framework governing cyanidation

processes.

1.7 Research Methodology

The researcher uses various ways of collecting data as follows;

1.7.1 Research Design

The researcher use qualitative method. Qualitative method has been used to specific

groups of people such as medium scale miners.

1.7.2 Sampling Design

In regard to the need of this research report the researcher has used both purposive and

simple random sampling Pursuant to purposive techniques the researcher had consulted

the medium scale miners who conduct their activities at Nyakagwe Geita.

1.7.3 Data Collection

The data which have been collected are both primary data and secondary data. And the

following methods had aided the data collection.

1.7.3.1 Interview

The researcher used this method to interview the medium scale miners and the officials of

the village government authority at Nyakagwe field area in Geita. Also other personnel

carrying different activities on the field area at Nyakagwe Geita

1.7.3.2 Documentary Review

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This method have been employed to collect information from various sources generally

documentary in nature from the library such as written reports, books, cases, journals,

publications, articles, online sources and different databases.

1.7.3.3 Questionnaire

A questionnaire was advantageous because it helped to get good information, for if a

respondent get it, will have a time to think of the questions and give good answers which

will be helpful to the research. The researcher has used this method to collect information

and data from the field area at Nyakagwe

1.7.4 Data Analysis

The data obtained by the researcher in the study analyze quantitative analysis on

knowledge about the impacts of cyanide to the environment.

1.8 Literature Review

LA FLÈCHE, Erik Richer (2012), The Mining Law Review, 1st Ed, London, Law

Business Research Ltd. The Author in this work has tied to pinpoint the legal framework

and the overall picture of mining activities in Tanzania and other countries.7 The author

has failed to focus on the legal framework that governs the cyanidation process as the

leading technology in different countries especially in Tanzania today. Therefore this

book is of much importance since it provides a detailed content on the legal framework

governing mining activities in Tanzania.

Louka Elli, (2006) International Environmental Law Fairness, Effectiveness, and World

Order, New York, Cambridge University Press. In this book the Author has exhausted

the international principles governing environmental management. In Tanzania

7LA FLÈCHE, Erik Richer(2012), The Mining Law Review,1st Ed, London, Law Business Research LtdAt p. 220 to p 228.

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international laws are also applicable8 in management of the environmental issues and

therefore the international principles should be used in the management of cyanide in

gold Processing.

LAITOS, Jan G, (2013) Cyanide, Mining and the Environment, Pace Environmental

Law Review vol. 30, University of Denver Sturm College of Law. Professor Laitos in

his article tries to elaborate on the overall process of cyanidation and the impacts caused

by the said process to the environment. He tries also to explain on the processes

alternative to the use of cyanide in gold processing, and the same may be applied in

Tanzania as well.

8 Under Art. 63 (3) of The Constitution of The United Republic of Tanzania of 1977.

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CHAPTER TWO

CONCEPTUAL AND HISTORICAL REVIEW OF CYANIDATION

2.1 The Meaning of Cyanide?

Cyanide is the deadly, toxic and poisonous chemical which is mostly used in gold

processing.9 In mining industry cyanide is a toxic chemical primarily used for extracting

gold from ores, and therefore sodium cyanide is one of the most toxic chemical reagents

used by the medium scale gold miners for dissolution of gold in mineral processing. The

reason that cyanide is so widely used in gold mining is that it is one of the very few

chemical reagents that will dissolve gold in water, using only oxygen from the air as an

oxidizing agent. Other chemicals such as thiosulfate, thiourea and halide-leaching

systems will work but only in much higher concentrations using much stronger oxidizing

agents.10

2.2 The Processes Before Cyanidation

The main processes that are carried out by medium scale gold miners before cyanidation

are mainly crushing the mineral ore by using crashing machines and gravity separation by

using the pans.11 During gravity separation mercury is used as well to separate gold from

sand. This is done on cyanidation plants to reduce a huge quantity of cyanide to be used

later because it is very expensive.

2.3 Cyanidation Process in Gold Mining

Cyanidation or heap and dump leaching is the term given to the hydrometallurgical

technique of extracting metals by passing a solution through a pile of ore. The9 The sixth schedule of the Act No. 3 of 2006 mention cyanide (NaCN) as a highly toxic chemical.10Karl Heinz spits and John Trudinger, (2008), mining and the environment from ore to metal, Austria,

Taylor and Francis Group.11 The panning method on extraction of gold mainly conducted by small scale gold miners in Tanzania.

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leachate12 reacts chemically with the ore, dissolving metals out of the host material,

producing a “pregnant" solution. After the solution has passed through the pile, it is

collected and transported to a recovery plant where the valuable metals are removed from

the solution.

The leaching process is now used in Tanzania as an economical method of extracting

valuable minerals from the host ore and has been commonly used to recover gold. Heap

leaching for the recovery of gold was developed as an economic recovery method for low

grade ores especially to the medium scale gold miners at Nyakagwe.

2.3 The History of Cyanidation in Tanzania

Tanzania is one of the great gold producers in Africa today. This has been geared by the

technological advancement in Gold mining industry especially the use of chemicals in

mineral processing. Historical records show that Southern Africa countries such as

Zimbabwe, South Africa, and Tanzania have engaged in mining and smelting for more

than a millennium, trading gold with the Arabic world, India, and elsewhere in . In Africa

cyanidation was greatly conducted in South Africa by the big gold mining companies

from 1980s,13 but cyanidation in Tanzania has risen since the first large scale Gold mines

begun operation in 1990s.14 And it has been the vision of the government of Tanzania that

by the year 2025 the mineral sector will be contributing 10% of the country GDP.

Therefore the medium scale gold miners in Nyakagwe acquired the knowledge and

technology from those big mining companies especially from Bulyanhulu Gold Mines15

and Geita Gold Mines.16

12 Sodium cyanide.13 Most of these companies were the foreign companies from the western countries.14 Anglo Gold Ashanti and Barrick Gold Corporation. 15 Performing its mining activities at Kakola in Geita region.16 Located at Geita

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2.4 Authorization and Licensing of Cyanidation

There are several requirements that a person is required to undergo so as to perform

cyanidation in Tanzania. Since cyanidation is one of the technologies employed in gold

processing, therefore a person is also required to act within the ambit of Section 59 to

section 63.17Any person interested in mineral processing may apply to the commissioner

for mineral for a license for processing minerals.18 The application must be in a

prescribed form with the prescribed fee, environmental management plan, process plant

layout, procurement haulage and processing inputs plan, compensation and resettlement

plan and such other documents as may be required.19 if the Commissioner is satisfied on

the mentioned criteria shall issue a license with conditions and the license is valid for a

period not exceeding ten (10) years and is subject to renewal.20 Ever since cyanidation

involves the use of chemicals such as sodium cyanide, therefore a certificate from the

ministerial board for the government chemist laboratory agency21 is issued to legalize the

use of cyanide in mineral processing.22 The board may ban or restrict the use of cyanide

chemicals where it proves that handling and use of cyanide is dangerous to the life of

human beings or environment.23

2.5 The Environmental Impacts of Cyanidation

Environmental hazards of cyanide usage and conflicts in relation to mining originate

from different sources, like water contamination, air contamination, soil contamination,

17 Of The Mining Act No 14 Of 201018 S.60 ibid.19 S.60(2) ibid.20 S.60(4) ibid.21S.29 of Act no 3 of 2003.22 S.30 ibid.23 Ibid.

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impacts on the wildlife, human rights violations. The good example can be drawn from

North Mara Gold Mine vicinity which is direct exposed to the environmental pollution

from cyanidation process.24

2.5.1 Water Pollution

Water issues, water quality and the availability of water resources are undoubtedly most

threatened from gold mining operations. The accidental release of material containing

high concentrations of cyanide results in the death and/or contamination of most of the

aquatic life of affected rivers, along with serious health effects on human beings and

animals, and leaves water unsuitable to drink. Even though a majority of mining

operators agree that cyanide degrades and disappears in water and, as an organic

compound, through the effect of sunlight, it also easily combines with living organisms,

and thus accumulates in the environment along with heavy metals such as those coming

from soil leaching after deforestation. For example water pollution claims have been

made to Geita Gold Mine and North Mara Gold Mine at some points discharged wastes

into nearby rivers that are used as source of drinking water by the community25

2.5.2 Air pollution

Airborne emissions occur during each stage of mining. Mining operations mobilize large

amounts of material and small size particles are easily dispersed by the wind. Mines are

responsible for emitting large amounts of dust into their surroundings, and this sector

remains one of the most demanding in terms of energy needs and thus has a high impact

on the global environment. Example, a gold mining industry pollutants are produced by

24 Manfred FB et el ,(2009), A level of heavy metals and cyanide in Soil sediments and water from thevicinity of North Mara Gold Mine in Tarime District, Tanzania, A report presented to CCT, at p. 2.25 ibid at p. 3.

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heavy metals from waste rock piles, cyanide and other gaseous materials such as Sulphur

Dioxide, Carbon monoxide and Carbon Dioxide.26

2.5.3 Soil pollution

Soils are contaminated by heavy metals and by substances containing cyanide or

mercury, either directly on the mining facility site, or via contaminated waters and air

pollution coming from the mined ground. Soil erosion caused by soil washing processes,

and aggravated by deforestation, can result in the release of noxious substances from the

earth, which in turn contaminate downstream rivers and lakes. For example, in 2008 it

was reported that there was a higher level of heavy metals in the soil and plants collected

in Nyakabale village in the vicinity of Geita Gold Mines.27

2.5.4 Flora and Fauna

Wildlife is affected by mining through the removal of the vegetation and topsoil, by the

displacement of fauna, by the release of pollutant sand by the generation of noise. And

finally, gold mines often cause human rights violations, for example by forcing evictions

and destroying the land and water that affected communities highly depend on. For

example in June 2009, The Daily News (local magazine) reported that the GGM

Authority admitted over the pollutant leak from tailing ponds into rivers, farms and

pasture land.28

26 Manfred FB et el ,(2009), A level of heavy metals and cyanide in Soil sediments and water from thevicinity of North Mara Gold Mine in Tarime District, Tanzania, A report presented to CCT, at p. 527 ibid at p. 3.28 Manfred FB et el ,(2009), A level of heavy metals and cyanide in Soil sediments and water from thevicinity of North Mara Gold Mine in Tarime District, Tanzania, A report presented to CCT, at p. 15.

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Another incidence was reported in June 2009 by Tanzania Daima (local magazine) where

five people got sick after eating fish from Tighite river caused by the pollution at Mara

River Conservation.29

2.6 The Laws Regulating Cyanidation

The environmental laws on cyanidation are both principal legislation and Regulations.

2.6.1 The Environmental Management Act of 2004

The environmental management Act, 200430 is the law which provide for legal and

institutional framework for sustainable management of environment, to outline principles

for management, impact and risk assessments, prevention and control of pollution, waste

management, environmental quality standards, public participation, compliance and

enforcement. Though the provisions of the said law do not provide any thing specifically

on cyanidation in Gold mining, in one way or another, the said law governs

environmental management on cyanidation process in gold processing in Tanzania.31

The National Environment Management Council (NEMC) came into being in 1983,

NEMC was established with a broad mandate in response to the national need for such an

institution to oversee environmental management issues and also implement the

resolutions of the Stockholm conference (1972), which called upon all nations to

establish and strengthen national environmental Councils to advise governments and the

international community on environmental issues.

The environmental management Act, 2004 provide for the right to clean, safe and healthy

environment, but also place the duty to protect the environment32 and also the right to

29 ibid.30 Act No 20 of 2004.31ibid.32 S.6 Act No 20 of 2004.

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bring an action on environment.33 The said law also provide for an environmental impacts

assessment.34 By performing regular environmental impacts assessment pollution caused

by cyanidation in Gold processing will be highly reduced since the law provide for

general prohibition of pollution.35 The law under Part IX provides for management of

waste in general and it also provide for general penalty and sanctions for any person who

commits an offence against any provisions of this law.36 Therefore cyanidation impliedly

is mostly connected to the environment and hence this law will be dully applicable in

management of cyanide in gold processing.

2.6.2 The Environmental Impact Assessment and Audit Regulations, 2005.

The Environmental Impact Assessment and Audit Regulations, 200537 this regulation

provides for a compulsory environmental Impacts assessment to project likely to have

significant adverse environmental impacts and that in-depth study is required to

determine the scale, extent and significance of the impacts and to identify appropriate

mitigation measures. Mining is mentioned also as the project which require

environmental Impacts Assessment and hence cyanidation also should be treated within

the ambit of this regulation.38

2.6.3 Environmental Management (Water Quality Standards) Regulations, 2007.

33 S.5 ibid.34 Part VI ibid.35 S.106 ibid.36 S.191 ibid.37 G.N. No. 349 of 200538 Under item 16(iv) of the first schedule to The Environmental Impact Assessment and Audit

Regulations, 2005.

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Environmental Management (Water Quality Standards) Regulations, 200739 the

regulation mentions cyanide as one of the toxic pollutant of water and also mention

cyanide as one of six chemicals and physical limits for quality of drinking water

supplies.40 Therefore cyanidation process should be conducted without polluting the

water as per this regulation since the process in mineral processing involves the use of

water.

2.6.4 The Environmental Management (Hazardous Waste Control and

Management) Regulations, 2009

The Environmental Management (Hazardous Waste Control and Management)

Regulations, 200941 this regulation explains on the categories of wastes controlled under

these regulations.42 The regulation mention both inorganic cyanide and organic cyanide as

one of the stream waste having constituents as wastes which may contain either inorganic

or organic constituents.43 This law adopted the principles of the Basel Convention on

the Control of Trans boundary Movements of Hazardous Wastes and Their

Disposal.44

2.6.5 The Environmental Management (Soil Quality Standards) Regulations, 2007.

The Environmental Management (Soil Quality Standards) Regulations, 200745 the

regulation provide that it is the duty of The National Environmental Standards

Committee of Tanzania Bureau of Standards to prescribe guidelines to ensure that

39 GN No. 239 published on 2007.40Sixth schedule of Environmental Management (Water Quality Standards) Regulations, 2007.41 GN No. 264 published on 2009.42Adapted from the Basel and Bamako conventions43 Second schedule of The Environmental Management (Hazardous Waste Control and Management)Regulations, 2008.44 Concluded in 1989, and came into force 1992 to which the United Republic is a party.45 GN No. 238 published on 2007.

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anthropogenic activities such as mining, agricultural activities, as well as solid and

liquid waste disposal do not degrade the soils in setting minimum soil standard.46 The

regulation also provides for proper management of soil and discourages the degradation

of soils resulting from dumping, or disposal of chemicals into soil the common practice

performed in cyanidation.

2.7 The Mineral Laws on Cyanidation

2.7.1 The mining Act of 2010

This is the law governing all the mining activities in Tanzania including Gold mining to

medium scale miners in Tanzania. The law provides for mineral licenses such as Division

A – prospecting licenses and retention licenses, Division B – special mining licenses and

mining licenses, Division C – primary mining licenses and Division D – processing,

smelting and refining licenses. Ever since cyanidation is one of the technology employed

in mineral, it is regulated by this law even though there is no an express provision

concerning cyanidation in Gold processing to medium scale miners.

2.7.2 Regulations to the mining Act of 2010

Six Mining Regulations have been established under the Mining Act of 2010 to regulate

mining activities in the country these are:

The Mining (Environmental Protection for Small Scale Mining)Regulations, 2010

The Mining (Mineral Beneficiation) Regulations, 2010

The Mining (Mineral Rights) Regulations, 2010

The Mining (Mineral Trading) Regulations, 2010

46Regulation 4 (e) of the Environmental Management (Soil Quality Standards) Regulations, 2007.

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The Mining (Radioactive Minerals) Regulations, 2010

The Mining (Safety Occupational Health and Environmental Protection)

Regulations, 2010

In all those regulations there is no any provision providing for cyanidation in Gold

Processing especially to medium scale gold miners in Tanzania but those regulations

impliedly are made applicable to cyanidation in Gold Processing.

2.7.3 The Tanzania Mineral Policy of 2009

This policy was formulated as a result of an evaluation conducted during the 10 years of

implementation of the Mineral Policy of 1997. The Mineral Policy of 2009 aims at

integration of the mineral sector with other sectors of the economy, improving the

economic environment for investment, maximizing benefits from mining, improving the

legal environment, strengthening the capacity for administration of the mineral sector,

developing small-scale mining operations, promoting and facilitating the addition of

value to minerals; and strengthening environmental management health and safety

measures. The government remains the regulator and facilitator of the mineral sector, and

will participate strategically in mining projects.47from the first provision of the policy to

the final provision there is no any provision on cyanidation in Gold processing but the

policy only provide for the environmental management, health and safety during the

mining activity.

2.8 The International Environmental Laws on Cyanidation.

47 LA FLÈCHE, Erik Richer (2012), The Mining Law Review, 1st Ed, London, Law Business ResearchLtd at p.220.

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There are several international Principles on environment which impliedly use to control

the management of cyanide in Tanzania. These Principles have been adopted from the

international convention by which Tanzania is a member state.48

2.8.1 Polluter Pays Principle and Equitable Sharing of Cost

The polluter pays principle was enunciated clearly in the international arena. The

principle basically demands for the person who is in charge of polluting activities to be

financially responsible for the damage s/he causes. Some commentators have underlined

that the principle has merely a rhetoric value because most polluters will be able to pass

the costs of pollution onto consumers. Also, in most cases, it is difficult to identify the

polluter. Since these international laws forms part of our lows then the said principle is

applicable in cyanidation process gold in Tanzania.49

2.8.2 International Code of Cyanide

The Cyanide Code is a voluntary initiative for the gold mining industry and the producers

and transporters of the cyanide used in gold mining. It is intended to complement an

operation’s existing regulatory requirements. Compliance with the rules, regulations and

laws of the applicable political jurisdiction is necessary. The Cyanide Code focuses

exclusively on the safe management of cyanide that is produced, transported and used for

the recovery of gold, and on mill tailings and leach solutions. The Cyanide Code

originally was developed for gold mining operations, and addresses production, transport,

storage, and use of cyanide and the decommissioning of cyanide facilities. It also

includes requirements related to financial assurance, accident prevention, emergency

response, training, public reporting, stakeholder involvement and verification procedures.

48Supra note 27.49 S.7 of the Environmental management Act of 2004.

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Cyanide producers and transporters are subject to the applicable portions of the Cyanide

Code identified in their respective Verification Protocols.50 Therefore all the companies

performing cyanidation in Tanzania are to be within the ambit of the international cyanide

code because it protects workers, communities and the environment from adverse effects

of cyanide, to improve cyanide management, to be used by large and small gold mining

companies, cyanide manufacturers and transporters, to serve as a form of assurance for

interested parties including regulators, financiers, communities and non-governmental

organizations, to be applied internationally, in both developed and developing countries.51

2.9 The Involvement of Governmental Departments on Management of Cyanide

The government is the first organ of the state that is responsible in management of

cyanide. In Tanzania there are several governmental departments which are responsible in

management of cyanide in cyanidation of gold to medium scale miners. These

departments are such as the local government, the Tanzania mineral audit Agency

(TMAA) and the national environmental management council.

2.9.1 The Local Government Authorities

The local government authorities are established by the law.52 This law provides for the

establishment of the standing committees to manage the environment.53There several

authorities under the local authorities responsible in management of cyanide such as the

municipal council, district council, ward council and the village council.54 For example it

is the duty of the local government authority to deal with proper management of

50 http://www.cyanidecode.org/about-cyanide-code/cyanide-code#sthash.NDTMEcek.dpu f- accessed on12th of November, 2014.

51 MIKE D. Adams (2005) Developments in Mineral Processing, Vol. 15 Published by Elsevier B.V. at pg185.

52 The local government (districts authorities) Act No.2 of 1982.53 S.107 ibid.54 S.36 of Environmental Management Act of 2004.

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hazardous waste55 therefore it is the duty of local government authority to deal with any

waste with cyanide waste inclusively within its jurisdictions.

2.9.2 The Tanzania Mineral Audit Agency (TMAA)

The TMAA is an agency of the government established on 6th November, 200956 the

Government established the Tanzania Minerals Audit Agency (TMAA), which is a semi-

autonomous Institution TMAA took over the functions previously undertaken by the

Minerals Auditing Section (commonly called GAP) in the Minerals Department under the

Ministry of Energy and Minerals. In relation to cyanidation the agency has several role

and functions as follows;

To monitor and audit quality and quantity of minerals produced and exported by

large, medium and small scale miners; to determine revenue generated to facilitate

collection of payable royalty.

To monitor and audit environmental management, environmental budget and

expenditure for progressive rehabilitation and mine closure.

To examine and monitor implementation of feasibility reports; mining programs

and plans, annual mining performance reports; and environmental management

plans and reports of mining companies.

2.9.3 The National Environment Management Council (NEMC)

The enactment of Environmental Management Act No. 20 of 2004 (EMA, 2004) by

Parliament in October 2004, repealed the National Environmental Management Act57 and

re-established NEMC. EMA 2004 provides for a legal and institutional framework for

sustainable management of the environment, prevention and control pollution, waste

management, environmental quality standards, public participation, environmental

55 S.134 ibid.56 Established through Government Notice No. 362 under the Executive Agencies Act, Cap. 245.57Act No.19 of 1983.

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compliance and enforcement. Furthermore, it gives NEMC mandates to undertake

enforcement, compliance, review and monitoring of environmental impacts assessments,

research, facilitate public participation in environmental decision-making, raise

environmental awareness and collect and disseminate environmental information.

Therefore cyanidation processes in gold processing is also regulated by this agency.

2.9.4 Ministerial Advisory Board for the Government Chemist Laboratory Agency

This board is established under the Executive Agencies Act.58 So far the cyanidation in

gold processing involves the use of highly toxic chemicals such as sodium cyanide the

board is responsible to control transportation, storage and dealing in chemicals according

to the provisions of the Industrial and Consumer Chemicals (Management and Control)

Act, 2003. The board is responsible as well to issues certificates to deal with

chemicals.59Therefore this board is responsible in management of cyanide to medium

scale gold miners at Nyakagwe. No any medium scale gold miners can commence the

cyanidation processes without exhausting all the requirements and processes to deal with

chemicals as provided by the Industrial and Consumer Chemicals (Management and

Control) Act, 2003 and its regulations.60

CHAPTER THREE

FINDINGS AND ANALYSIS OF THE REGULATION OF THE USE OF

CYANIDATION

58 S.6 of the Executive Agencies Act Cap 245 RE 2002. 59 S.29 of The Industrial and Consumer Chemicals (Management And Control) Act, 2003.60 The Industrial and Consumer Chemicals (Management And Control) Regulations, GN NO.344 of 2004.

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3.1. Introduction

This chapter analyses the use of cyanidation in the mineral processing by the medium

scale miners in Nyakagwe area within Geita Region. The research gives out the finding

relating to the legal regime governing cyanidation in mineral processing.

3.2 The Involvement of the Local Authorities in Management of Cyanide.

The Local Government (District Authority) Act61 establishes the local authorities from the

village/Mtaa to town and municipal. The village authority is empowered with the

management of the environment within their local limits.62

In most cases mining activities are carried out in rural areas and in villages where local

communities live. Cyanide is used in mineral processing and being a harmful chemical

to the environment it requires attention to both medium scale miners and local

authorities to control and manage the environmental damages which are likely to be

caused by it use.

In Nyakagwe village where medium scale miners in gold processing operates, is the

victim of the use of cyanide, where the respondent, Mr. Kazungu the Chairman of the

village government averred that he is not aware of the involvement of the village council

in the management of Cyanide,63 he said that, to them what they provide in to locate to

the medium scale miners the area for buildings the cyanidation plant which must be at

least 1 km away from the residents; area64. That the license to operate cyanidation plants

and its environmental impact assessment are not done by the village authority and the not

61 Act No.7 of 1982.62 S. 40 of the Environmental Management Act.63 S. 41 Ibid, Gives power to the Environmental Management Committee such as to initiate inquires andinvestigation on any violation of the provision of the Environmental Management Act.64 See appendix III which show that the processing plant is within the residential area something which isvery dangerous to the health of the community.

22

involved either. The researcher consulted the villagers who also responded that they

understand that the cyanide use by the medium scale miners are harmful to the

environment but they have no control of how the cyanide should be used in a way that it

cannot cause damage to the environment.65

3.3 Pollution

On land pollution, the research found that, the mineral processing leave huge heap of soil

that contains cyanide chemicals in it, which have been in tailings after gold have been

recovered from the pregnant soil commonly known as Makapi.66 Since the entire process

involve the mixing up of soil with cyanide chemical, then “Makapi” which contains

some substance of cyanide, are dumped anywhere without treatment or recycling

procedures.67 When it rains the water soak into that heap of soil and start flowing down

steam to pond, rivers and streams of water which are used by local in habitants for

domestic purpose.68

3.4 Environmental Protection

The researcher found that there were no environmental protection plan by the local

authorities because they have no awareness and environmental education as far as

management of cyanide is concerned. The whole process of cyanidation in Nyakagwe is

done in the poor condition and there is no plan by the medium scale minors to protect the

environment the tailings are not covered, no proper waste disposal infrastructure, and

above all, there is no treatment of soil offloaded from tailings.69

65 S. 176 of the Environmental Management Act.66 See appendix IV which show the heap of soil from tailings 67 S. 11 (4) (f) the Industrial and consumer chemicals (management and control) Act of 200368 See Appendix V which shows the erosion on the heap of soil which contain cyanide chemical 69 S. 196 (1) of the Environmental Management Act Provides for the Protection Order against activitiesadverse on the Environment.

23

3.5 The Management of Cyanide by the Medium Scale Miners

The miners must obtain the certificate to deal with cyanide from the board which is

responsible for grant a renewal suspension and revocation of licenses under the law.70

Therefore nobody should process the minerals without processing that certificate.

However the researcher find that most of the medium scale miners process and deal with

cyanide without processing the certificate from the board the practice is most of them use

the certificate owned by other registered medium scale sold miners, as if they are one

company while in real sense they are separate companies.

Cyanide are chemicals that are imported from outside Tanzania, by authorized

transporters, transported and stored by the authorized companies in the ambit of the

cyanide code.71 The medium scale miners are required to purchase cyanide from those

authorized companies, and those companies are obliged to transport the chemicals to the

processing plant under their control. But the practice is deferent, as the researcher found

that, most of the medium scale miners transport cyanide using their own vehicles

especially from Mwanza city to Nyakagwe in Geita Region without any indicator or

precaution that cyanide is being transported.

The handling of cyanide needs extra care, as it is poisonous, deadly and high toxic

chemical. The medium scale miners in Nyakagwe, however store cyanide in unsecured

rooms,72 the handling of the chemical during use is done by unqualified personnel who

70 S.29 the Industrial and consumer chemicals (management and control) Act of 2003.71 Adams D. (2005) Development in Mineral Processing, VOl.15.p 182-198.72 See appendix VII which shows a laboratory in which chemicals are stored and prepared in one of theprocessing site at Nyakagwe.

24

have no laboratory qualification.73 These create the likelihood of this deadly chemical to

cause effects to human life and environment in general.

3.6 The Effectiveness of the Existing Laws on Cyanidation in Nyakagwe

The laws governing cyanidation are the mineral laws and the environmental laws

The laws are not effective as they do not provide for cyanidation. The mining Act 2010

only provide for the licensing of processing plants, while the environmental laws provide

for maximum protection of the environment of which does not reflect the real situation in

the processing plants in Nyakagwe where there is no public participation in

environmental decision, making no enforcement of laws on environment and no review

and monitoring of environmental impact assessment, worse enough there is no

environmental awareness.

CHAPTER FOUR

CONCLUSION AND RECOMMENDATIONS

4.1 General Observation

73 See appendix VI which shows unqualified personnel mixing up chemicals read for cyanidation.

25

The mineral processing done by medium scale gold miners at Nyakagwe is very risky and

it is conducted in the manner that the environment is highly polluted; the personal or

employers working in the processing areas are not provided with environmental

education. Not only that environmental monitoring by the NEMC and the ministerial

advisory board for the government chemist laboratory agency74 is very is very poor to the

extent that the environments are lost to be damaged. But also the involvement of the local

government standing committees on environment75 as provided by the Local Government

(District Authority )Act76 on the management of cyanide is not that much effective to

protect the environment at Nyakagwe.

4.2 Conclusion

Cyanidation to mediums scale gold miners is not well governed because there is no

consolidated legal framework governing cyanidation in mineral processing in Tanzania.

So many scattered laws and government departments and agencies are involved in

monitoring cyanidation, a practice which limits the effective monitoring and management

of cyanidation in mineral processing. Cyanidation today is the leading technology in gold

production to both medium scale and large scale gold mineral in Tanzania. If cyanidation

to medium scales gold miners shall be left uncontrolled as observed in this study it may

result to serious environmental pollution

4.3 Recommendations

Several recommendations have been put forward by the researcher as follows:-

4.3.1 Enactment of Independent Laws Governing Cyanidation in Tanzania

74 Constituted under section 6 of the Executive Agencies Act Cap 245.75 S.38 of the Environmental Management Act.76 S.107 of Act No .7 of 1982.

26

So far the mineral laws provide for the licenses in mineral processing, but do not contain

any provision dealing with monitoring of the cyanidation plants.77

The task of monitoring on matters of environmental impact assessment is left to the

national environmental management council (NEMC) using the environmental laws.78 the

task to provide for the certificate to deal with toxic chemicals, such as cyanide is left to

the Board,79 this brings about confusion on how to deal and govern cyanidation in mineral

processing, therefore a consolidated law should be enacted to put together all the

procedures, licenses, authorization, environmental protection and management in general

from those scattered laws governing cyanidation. A good example can be drawn from

South Africa where they have a single instrument used to regulated and manage cyanide

in mineral processing.80 This instrument focuses exclusively on the management of

cyanide and cyanidation mill tailings and leach solutions.

4.3.2 The Recycling of Cyanide Wastes and Treatment of Toxic

So far the wastes which pollute the environment are the heap of soil, from tailings which

contains some content of cyanide. Before issuing of a certificate to deal with chemicals, it

is a legal requirement for the Board to consider whether adequate measures have been

taken to prevent or minimized harm to human beings including adequate waste treatment

facilities.81 Therefore, the government in general should ensure that, the wastes are

effectively treated or recycled by CIP.82

4.3.3 Alternative to the Use of Cyanide in Gold Processing

77 The Mining Act of 2010 and its Regulations. 78 Environmental Management Act and its Regulation.79 Supra Note 56.80 Guideline for the Compilation of a Mandatory Code of Practice on Cyanide Management.81 S. 17(e)of Industrial and Consumers Chemical s (Management and Control)Act, 2003.82 Carbon –in-pulp(a technology to recover gold from wastes from cyanidation.(‘Makapi’).

27

The major impetus in seeking alternative reagent to cyanide arises from the

environmental hazard posed by cyanide toxicity, with numerous environmental groups

throughout the world actively pursuing a ban on its use. The use of cyanide in Gold

processing to medium scale gold miners are especially in the focus of public attention

because of serious environmental pollution. Internationally several countries such as

(Czech republic, Greece, Turkey, Germany, Hungary Costa Rica Argentina, Ecuador and

some states of the united states of America such as Montana83 have banned cyanide reach

technology in Gold and silver mining. Therefore, for maximum protection of the

environmental cyanide should be discouraged in mineral processing to medium scale

gold miners and any other technology which is very friendly to the environment should

be embarked upon.

BIBLIOGRAPHY

BOOKS

BILL Sullivan, (2013), Mining Law & Regulatory Practice in Indonesia; A Primary

Reference Source, John Wiley & Sons Singapore Pte. Ltd.

83 www.heraldonline.com/news/local/article12310709.html accessed on 17/05/2015.

28

DAVID Dzombak. A, (et al) (2006) Cyanide in Water and Soil; Chemistry, Risk and

Management, CRC Press, Taylor & Francis Group.

ELLI Louka, (2006), International Environmental Law Fairness, Effectiveness, and

World Order, Cambridge university press.

FABIO Tronchetti, (2009), The Exploitation of Natural Resources of the Moon and

Other Celestial Bodies; A Proposal for a Legal Regime, USA, Martinus NIJHOFF

Publishers,

FRED Bell D. and LAURANCE Donnelly. J, (2006), Mining and its Impact on the

Environment, Taylor & Francis, 2 Park Square, Milton Park, Abingdon, Oxon OX14

4RN

JERROLD Marcus. J, (1997), Mining Environmental Handbook; Effects of Mining on

the Environment and American Environmental Controls on Mining, Landon, Imperial

College Press.

JOHN Olin. M, (2011), Mining and The Environment; International Perspectives on

Public Policy, New York, Rout ledge Taylor & Francis Group.

KAREN Makuch.E (2012), Environmental and Energy Law, UK, Blackwell Publishing

Ltd.

KARL Heinz spits and JOHN Trudinger, (2008), Mining and the Environment from Ore

to Metal, Austria,

KARLHEINZ Spitz and JOHN Trudinger, (2008) Mining and the Environment from

Ore To Metal, Taylor & Francis Group, LLC.

LA FLÈCHE, Erik Richer (2012), The Mining Law Review,1st Ed, London, Law

Business Research Ltd

29

LAURA Westra, (2006), Environmental Justice and the Rights of Unborn and Future

Generations; Law, Environmental Harm and the Right to Health, in the UK and USA.,

Earthscan,

Louka Elli, (2006), International Environmental Law Fairness, Effectiveness, and

World Order, New York, Cambridge University Press.

MARK Logsdon. J, KAREN Hagelstein and TERRY Mudder.I, (1999) The

Management of Cyanide in Gold Extraction, CANADA, International Council on

Metals and the Environment (ICME),.

MOHAMMED Bekhechi. A and JEAN-Roger M, (2002), The Legal and Regulatory

Framework for Environmental Impact Assessments: A Study of Selected Countries in

Sub-Saharan Africa, Washington, D.C. The World Bank.

NICO Schrijver, (2008), Sovereignty Over Natural Resources; Balancing rights and

duties, New York, USA CAMBRIDGEUNIVERSITYPRESS.

RECHARD Barnes, (2009), Property Rights and Natural Resources, Hart Publishing,

Northern America.

JOURNALS

LAITOS, Jan G, (2013), ‘Cyanide, Mining and the Environment’, Pace Environmental

Law Review vol. 30, University of Denver Sturm College of Law.

MIKE D. Adams (2005), Developments in Mineral Processing, Vol. 15 Published by

Elsevier B.V.

30

MUDDER.T.I and BOTZ. M.M., ‘Cyanide and society: a critical review’, The

European Journal of Mineral Processing and Environmental Protection Vol. 4, No.

1, 1303-0868, 2004.

REPORT

Manfred FB et el, (2009), A level of heavy metals and cyanide in Soil sediments and

water from the vicinity of North Mara Gold Mine in Tarime District, Tanzania, A report

presented to CCT.

INTERNET SOURCE

http://meic.org/issues/mining-in-montana/hardrock-and-cyanide-mining-in-montana/ban-on-cyanide-mining-in-montana-with-initiative-137/ - accessed on 1st

June, 2015http://www.cyanidecode.org/about-cyanide-code/cyanide-

code#sthash.NDTMEcek.dpu f- accessed on 12th of November, 2014www.heraldonline.com/news/local/article12310709.html accessed on 17/05/2015

APPENDIX I

QUESTIONAIRE TO THE OWNERS OF THE MINING SITE

31

(DODOSO KWA WAMILIKI WA MGODI)

DATE …./03/2015

PLEASE RESPOND TO THE FOLLOWING QUESTIONS ACCORDING TO THE

INSTRUCTIONS GIVEN. (TAFADHARI JIBU MASWALI YAFUATAYO KWA

KUFUATA MAELEKEZO ULIYO PEWA.)

I. CHOSE THE BEST ANSWER BY TICKING THE CORRECT ANSWER.

(CHAGUA JIBU SAHIHI KWA KUWEKA ALAMA YA VEMA KWENYE

JIBU LILILO SAHIHI )

1.Do you know a chemical known as cyanide? (je? Unaifahamu kemikali iitwayo

sayanaidi?)

(A)YES..(ndiyo) ( )

(B) NO..(hapana) ( )

2.How often do you use cyanide in your daily activities in a mining site? (ni mara

ngapi huwa unitumia sayanaidi katika shughuli zako za kila siku hapa mgodini?)

(A)Very often ( mara nyingi zaidi) ( )

(B) Occasionally (mara chache) ( )

(C) I do not use cyanide (situmii sayanaidi) ( )

3.How often do you see the leakage of pipelines which contains cyanide solutions? (ni

mara ngapi umeona mabomba yenye mchanganyo wa sayanaidi yakivuja?)

(A)Very often ( mara nyingi zaidi) ( )

(B) Occasionally (mara chache) ( )

(C) I have never seen that (sijawahi ona kitu hicho) ( )

32

IF THE ANSWER IN QUESTION 3 IS (A) OR (B) RESPOND TO QUESTION 4, IF

YOUR ANSWER IS C DO NOT ANSWER QUESTION 4. KAMA JIBU NI (A) AMA

(B) KATIKA SWALI LA TATU BASI JIBU SWALI LA NNE, KAMA JIBU LAKO

NI (C) USIJIBU SWALI LA NNE.

4. How long does it take to fix those leakage on pipelines which contains cyanide

solution? (inachukua muda gani kutengeneza mabomba yanayo vuja yenye

mchanganyo wa sayanaidi?)

(A)More than a month(zaidi ya mwezi mmoja) ( )

(B) Within two weeks (ndani ya wiki mbili) ( )

(C) Within one week (ndani ya wiki moja) ( )

(D)As soon as the leakage is seen (mara tu nyufa inapoonekana) ( )

5. How often do you get educated on environmental protection either by seminar or any

other means? ( ni mara ngapi mmekuwa mkielimishwa kuhusu utunzaji wa

mazingira kwa semina au njia yeyote ile?)

(A)Very often ( mara nyingi zaidi) ( )

(B) Occasionally (mara chache) ( )

(C) I have never seen that (sijawahi ona kitu hicho) ( )

6.How often do you educate your employees on environmental protection either by

seminar or any other means. ( ni mara ngapi mmekuwa mkiwaelimisha wafanyakazi

wenu kuhusu utunzaji wa mazingira kwa semina au njia yeyote ile?)

(A)Very often ( mara nyingi zaidi) ( )

(B) Occasionally (mara chache) ( )

(C) we never do that (hatuwaelimishi) ( )

33

7. Has any worker or stranger being affected or died due to cyanide in your working

place? (kuna mfanyakazi yeyote au mtu mwingine aliyewahi kuathirika au kufariki

kwasababu ya kemikali ya sayanaidi katika eneo lako la kazi)

(A)It always happen(huwa inatokea mara kwa mara) ( )

(B) It ocassionally happen (huwa inatokea mara chache) ( )

(C) I have never seen that (sijawahi ona kitu hicho) ( )

8.How often is the environmental impact assesment team visit and inspect your working

places? (Ni mara ngapi timu ya wakaguzi wa mazingira hutembelea na kukagua eneo

lako la kazi?)

(A)Very often ( mara nyingi zaidi) ( )

(B) Occasionally (mara chache) ( )

(C) I have never seen that (sijawahi ona kitu hicho) ( )

II. FILL IN THE BLANKS BY WRITING RELEVANT ANSWERS.(JAZA

NAFASI ZILIZO ACHWA WAZI KWA KUJAZA MAJIBU SAHIHI)

9.Which category of personnel do you employ in your laboratories to prepare cyanide in

gold processing? (ni wataalam wa aina gani mnao waajiri katika maabara zenu ili

kuandaa kemikali ya sayanaidi katika shughuli zenu za uzalishaji wa dhahau?).

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

34

10. How do the local authorities in coordination with small and medium scale miners

participate in proper management of cyanide at your mining sites? (Mamlaka za

serikali za mitaa zinashirikiana vipi na ninyi wachimbaji wadogo na wa kati

katika kuhakikisha kuna udhibiti sahihi wa matumizi ya sayanaidi katika migodi

yenu?).

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

11. What are the necessary licences that you need to have so as to carryout cyanidation

process in your area. (Ni vibali gani muhimu vinavyo hitajika ili kupata ridhaa ya

matumizi ya sayanaidi katika uandaaji wa dhahabu??)

i. ……………………………………………………………………………………

ii. ……………………………………………………………………………………

iii. ………………………………………………………………………………………

…………………………………………………………………………………

iv. ……………………………………………………………………………………

v. ……………………………………………………………………………………

vi. ……………………………………………………………………………………

vii. ……………………………………………………………………………………

viii. ……………………………………………………………………………………

ix. ……………………………………………………………………………………

35

12. Are there any consequences on failure to have the above licences? (kuna madhara

yeyote endapo mtu atashindwa kupata vibali hivyo?).

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

……………………………………………………………………………………………

13. What measures do you take to protect the environment at your working place? (ni

hatua gani mnazichukua ili kutunza mazingira katika lako la kazi? ).

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

14. Is there any possible technology that you can employ other than cyanidation in

mineral processing? (kuna maarifa mengine ambayo mnaweza kutumia tofauti na

matumizi ya kemikali ya sayanaidi katika uzalishaji wa dhahabu?).

15.What are your views in proper managememt of cyanide in relation to environmental

protection?(nini maoni yako katika udhibiti madhubuti wa sayanaidi ili kulinda

mazingira?).

36

APPENDIX II

AN EXTRACT OF THE QUESTIONAIRE TO WORKERS OF THE MINING

SITE

(DODOSO KWA WAFANYAKAZI WA MGODINI)

DATE …./03/2015

PLEASE RESPOND TO THE FOLLOWING QUESTIONS ACCORDING TO THE

INSTRUCTIONS GIVEN. (TAFADHARI JIBU MASWALI YAFUATAYO KWA

KUFUATA MAELEKEZO ULIYO PEWA.)

III. CHOOSE BY TICKING THE CORRECT ANSWER. (CHAGUA JIBU SAHIHI

KWA KUWEKA ALAMA YA VEMA KWENYE JIBU LILILO SAHIHI )

1. Do you know a chemical known as cyanide? (je? Unaifahamu kemikali iitwayo

sayanaidi?)

(C) YES. (ndiyo) ( )

(D)NO..(hapana) ( )

2. How often do you use cyanide in your daily activities in a mining site? (ni mara

ngapi huwa unitumia sayanaidi katika shughuli zako za kila siku hapa

mgodini?)

(D)Very often ( mara nyingi zaidi) ( )

(E) Occasionally (mara chache) ( )

(F) I do not use cyanide (situmii sayanaidi) ( )

3. How often do you see the leakage of pipelines which contains cyanide solutions?

(ni mara ngapi umeona mabomba yenye mchanganyo wa sayanaidi

yakivuja?)

37

(D)Very often ( mara nyingi zaidi) ( )

(E) Occasionally (mara chache) ( )

(F) I have never seen that (sijawahi ona kitu hicho) ( )

IF THE ANSWER IN QUESTION 3 IS (A) OR (B) RESPOND TO QUESTION 4, IF

YOUR ANSWER IS C DO NOT ANSWER QUESTION 4. KAMA JIBU NI (A) AMA

(B) KATIKA SWALI LA TATU BASI JIBU SWALI LA NNE, KAMA JIBU LAKO

NI (C) USIJIBU SWALI LA NNE.

4. How long does it take to fix those leakages on pipelines which contain cyanide

solution? (inachukua muda gani kutengeneza mabomba yanayo vuja yenye

mchanganyo wa sayanaidi?)

(E) More than a month(zaidi ya mwezi mmoja) ( )

(F) Within two weeks (ndani ya wiki mbili) ( )

(G)Within one week (ndani ya wiki moja) ( )

(H)As soon as the leakage is seen (mara tu nyufa inapoonekana) ( )

5. How often do you get educated on environmental protection either by seminar or

any other means? (ni mara ngapi mmekuwa mkielimishwa kuhusu utunzaji

wa mazingira kwa semina au njia yeyote ile?)

(D)Very often ( mara nyingi zaidi) ( )

(E) Occasionally (mara chache) ( )

(F) I have never seen that (sijawahi ona kitu hicho) ( )

6. Has any worker or stranger being affected or died due to cyanide in your working

place? (kuna mfanyakazi yeyote au mtu mwingine aliyewahi kuathirika au

kufariki kwasababu ya kemikali ya sayanaidi katika eneo lako la kazi)

38

(D)It always happen(huwa inatokea mara kwa mara) ( )

(E) It ocassionally happen (huwa inatokea mara chache) ( )

(F) I have never seen that (sijawahi ona kitu hicho) ( )

IV. FILL IN THE BLANKS BY WRITING RELEVANT ANSWERS.(JAZA

NAFASI ZILIZO ACHWA WAZI KWA KUJAZA MAJIBU SAHIHI)

7. What are the following procedures after removing the off loadings from tailings?

( ni hatua gani zinafuata baada ya kutoa makapi kwenye teilingi?)

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

..............................

8. What measures or steps do you take to protect the tailings during the rainfall? (ni

hatua gani mnazo tumia kuyakinga ma teilingi hasa kipindi mvua

inaponyesha?)

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

..............................

9. What measures do you take to protect the environment at your working place? (ni

hatua gani mnazichukua ili kutunza mazingira katika lako la kazi? )

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

39

.............................................................................................................................................

........................................

APPENDIX III

A PHOTO SHOWING A CYANIDATION PLANT WITHIN THE RESIDENTIAL

AREAS

40

APPENDIX IV

A PICTURE SHOWING UNTREATED HEAP OF SOIL

41

APPENDIX V

A PICTURE SHOWING EROSION ON UNTREATED HEAP OF SOIL

42

APPENDIX VI

A PICTURE SHOWING UNQUALIFIED

43

PERSONNEL MIXING CHEMICALS IN A CYANIDATION PROCESS

APPENDIX VII

A PICTURE SHOWING A LABORATORY IN WHICH CHEMICALS ARESTORED AND MIXED FOR CYANIDATION

44

45