Twebaze Paul, Deputy Executive Director PROBICOU

1. Biodiversity & Waste Management in Uganda’s oil and gas Sector. A civil society perspective/concerns Twebaze Paul, Deputy Executive Director PROBICOU Chairperson – Environment, Land and other Natural Resources cluster , CSCO A Paper presented at the National Conference on oil and Gas – Imperial Golf View Hotel – Entebbe 20th -22nd Oct 2013

2. Outline • Key concepts • The Challenge • Aspects and biodiversity Impacts • Waste management • Governance concerns and observations • Summary of Recommendations

3. Key concepts • Impact – deviation from baseline situation • Environment”- broadly interpreted: Physical factors of the surrounding of human beings including land, water, atmosphere, climate and the biological factors of animals and plants and the social factor of aesthetics of both the natural and built environment • Biodiversity – has three components – species diversity, genetic diversity and ecosystem diversity. Thus mitigating the potential impacts of oil and gas on biodiversity basically address environmental concerns. • Waste - Remains of raw materials, substances or articles that are no longer of economic value to the waste generator and are intended or required to be recycled, reused, treated or disposed of. • For oil and gas, the major potential environmental concerns are: Atmospheric impacts, ecosystem impacts – aquatic and terrestrial; impacts on species; human, socio-economic impacts

4. The Challenge • The O&G deposits and the sensitive ecosystem are in the same place at the same time! • The Albertain Graben (Arua-Kanungu) is the most important eco - region in Africa as it hosts the continent's most endemic vertebrate species: - • 14% of all African reptiles • 19% of all African amphibians • 35% of African butterflies • 52% of all African birds • 39% of all African mammals • 70% of all Ugandan Protected areas are in the Graben

5. Wildlife Protected Areas

6. Wild life (The Institute of Resource Assessment (IRA) and The Pan-African START Secretariat (PASS) University of Dar es Salaam, Tanzania (2007)

7. Wildlife Protected Areas • 39 wildlife protected areas including National Parks, wildlife reserves, community wildlife areas, and sanctuaries in Uganda. • 22 out of the total of 39 protected areas are national parks and wildlife reserves, • 10 out of these are found in the Albertine region. • N/Parks in the Albertine Rift include Murchison Falls, Queen Elizabeth, the Rwenzori Mountains, Kibale, Semliki, Bwindi and Mgahinga.

8. Wildlife Reserves • Ajai • East Madi • Bugungu • Karuma • Tooro-Semliki • Kabwoya • Kyambura • Kigezi

9. Fish Resources • Aquatic resources in Lake Albert, Lake Edward, Lake George and rivers -Albert Nile, Waki, Wambabya, Semliki and Kazinga Channel. • Lake Albert is the richest in terms of the fish biodiversity. • 53 fish species, about ten of which are endemic, eg Alestes baremose (angara), Hydrocynus forsnkkahlii (ngasia).

10. Further-Reading The sensitivity of this area and its detailed biodiversity is well articulated;- • Plumptre, Behangana et al (2003), The biodiversity of the Albertine rift. Albertine rift technical reports no. 3 (Wild Life Conservation Society), • The Institute of Resource Assessment (IRA) and The Pan-African START Secretariat (PASS) University of Dar es Salaam, Tanzania (2007) Building African Capacity for Conserving Biodiversity in a Changing Climate in the Albertine Region Baseline Assessment Report • NEMA (2009), Sensitivity Atlas etc

11. Biodiversity - Aspects and impacts from oil and gas operations Decommissioning License Acquisition & divesting Refining Exploration Seismic Production & Export Drilling Operations Development

12. Seismic Acquisition - Impact • Physical Presence −Impact on local population / Wildlife −Habitat destruction −Impact on crops / sacred ground −Opening previously inaccessible areas −Large workforce – up to 600 on large shoots −Visual / Noise −Health −Damage to buildings •Waste −Camps Waste Handling /Disposal/ •Oil Spills

13. Seismic operations – Impact • Frightening fauna, particular importance during breeding and nesting • Marshes and coastal areas bird breeding and migration resting locations • Crushing of small invertebrates and plants by vehicles • Vibration (vibrator truck generating vibrations of 8-28 mm/sec at source) Ground shaking causing physical disruption of small burrows – waking hibernating animals • Explosions frightening animals – nesting birds; indirect impacts greater exposure to predators

14. Exploration - Drilling What are the Aspects and Impacts ?

15. Drilling – Impact • Penetration of aquifer • Cuttings and Mud discharges • Atmospheric Emissions • Other Wastes & Discharges • Uncontrolled release • Oil Spill

16. Drilling – Impact • Proximity to human habitation • Proximity to sensitive habitats/ species • Visual Impact • Noise (24 hours) - Drilling ops are very noisy • Emissions • Transport - Increase in traffic volumes • Workforce (100+) −Itinerant workforce −Local workforce • Site restoration (Usually a license condition to ‘leave it as you found it’ )

17. Drilling – Emissions • Main emissions sources • Power Generation (Rig / vessels / helicopters) • Flaring from Well Testing • Vehicles

18. Mud cuttings

19. Production - Impact • Oil well – what do we do with the gas ? • Flaring / gas gathering Oil/water separation waste water (formation water) • spills / leaks Location: Is the site rural or urban? • Habitat: Where is it (e.g. forest, bush, marsh)? • Footprint (Landtake): What is the size of site area (including temporary construction)? • Noise Issues – especially in rural environment • Lighting issues – especially in rural environment • Traffic – increase in volumes and in size of vehicles (i.e. more trucks)

20. Production - Impact With such light pollution what would be the Impact on aquatic life?

21. Production Export Operations – Pipelines

22. Export Impact

23. Refinery What are the Aspects and Impacts? • Heating of oil to separate the hydrocarbon fractions • Fractional distillation gasoline kerosene heavy fuel oil

24. Decommissioning What are the aspects and Impacts? • Must plan ahead • Plan for life-cycle • Plan for decommissioning • Not just engineering

25. Waste Management Two main classifications • Non-Hazardous Wastes e.g., −food waste, −plastic, −wood.. • Hazardous Wastes: −Used oil, −medical waste, −explosives...

26. Further Breakdown of Waste • Liquid Waste from O&G: • Produced water • Hydrostatic testing water • Cooling and heating systems • Sewage • Drainage and storm water • Tank bottom water • Firewater • Wash water • General oily water Solid Waste from O&G • Food • Plastic • Paints • Oils and greases/ oily rags • Metal scrap • Batteries • Tyres • Wood • Paper / cardboard • Light bulbs • Drums and containers • Drill cuttings • Produced sand • Medical waste

27. Summary impact of Waste • Waste of resources • Ground contamination • Groundwater contamination • Visual impact • Health issues/vermin

28. Waste Management Hierarchy • Reduce –Generate less waste (be more efficient e.g. packaging return policies) • Reuse – Select materials / products that are reusable in their original form. • Recycling and Recovery – Convert wastes into useable materials and/or extract energy or materials from them. • Treatment – Destruction, detoxification and/or neutralisation of residues. • Disposal – Depositing wastes using methods appropriate to a given situation.

29. Waste Management

30. Waste Management

31. GOVERNANCE -CAPACITY AND CURRENT PREPREDNESS Governance – Tools • National policies, legislations and their scope and reviews; • Implementation of international conventions, agreements protocols; • Technical measures in place involved; • Infrastructure and team work; • Means and measures; • Enforcement; • Duties, responsibilities and rights (Govt, private sector, CSO); • Research and data gathering.

32. Governance -Technical Measures • Preventive and protective measures • Hazard analysis (identification and evaluation); • Risk assessment; • Identification of Specific categories of operators, handlers etc; • Setting Standards and exposure limits; • Surveillance and monitoring of the environment; • Identification and implementation of Best Practices; • Notification, authorisation, prohibition and control; • Classification and labelling; • Personal protective equipment; • Safe methods for the handling, collection, recycling and disposal of hazardous substances.

33. Governance - Infrastructure Aspects • Competent authority • Organizational frameworks, mechanisms and measures (lead agencies, departments etc); • Mandates, powers, responsibilities, training; • Team work • Inter-agency consultation, coordination, cooperation, collaboration; • Inspection services • Type of system, functions of inspectors, duty facilitating resources; • Environmental services • Presence of – in various sectors.

34. Governance - Means and Measures • Surveillance - of public health in relation to emissions; • Documentation and Records - establishment and maintenance of surveillance records, accidents and diseases arising from emissions; • Emergency Preparedness and response; • Studies and Research. Scope and frequency; • Data, information gathering. Dissemination awareness; • Transfer of information from operators to agencies and communities.

35. LEGAL FRAMEWORK • The National Environment Management Policy, 1994; • The National Water Policy 1999; • The National Oil and Gas Policy, 2008; • The Energy Policy, 2001; • Petroleum (Exploration and Production) Act Cap 150; • Petroleum Exploration and Production (Conduct of Exploration Operations) Regulations, 1993; • The Investment Code Act, Cap 92;

36. CURRENT LEGAL FRAMEWORK • The Land Act Cap 227; • The Local Government Act, Cap 243; • The National Environment Act Cap 153; • The National Environment (Noise Standards and Control) Regulations, 2003; • The National Environment (Standards for Discharge of Effluents into Water or Land) Regulations,1999;

37. CURRENT LEGAL FRAMEWORK • The National Environment (Waste Management ) Regulations, 1999; • The National Environment (Wetlands, River Banks, and Lake shore Management) Regulations, 2000; • The Occupational Safety and Health act, 2006; • The Public Health Act , Cap 281; • The Traffic and Road Safety Act, Cap 361; • The Uganda Wildlife Act, Cap 200; • The Water Act Cap, 152; • The National Guidelines on EIA;

38. Current legislative Effort • Review of the existing legislation is in progress: - • The review and/or update of the following legislation has been initiated, to be completed by end of 2013: • National Environment (EIA) Regulations, Statutory Instrument No. 153-1 • National Environment (Waste Management) Regulations, Statutory Instrument No. 153-2 • National Environment (Standards for Discharge of Effluent into Water or on Land) Regulations, Statutory Instrument No. 153-3 • National Environment (Audit) Regulations, Statutory Instrument No. 12 of 2006 • National Environment (Noise Standard and Control) Regulations, Statutory Instrument No. 30 of 2003, to incorporate vibration pollution • National Air Quality standards (NAQS) • Draft Oil Spills Regulations and Guidelines • National Environmental Act Cap. 153.

39. OTHER EFFORTS (LEAD AGENCIES) • A draft General Management Plan for Queen Elizabeth National Park has been prepared incorporating oil & gas issues; • A draft General Management Plan for Murchison Falls National Park is being prepared; • A forest Management Plan for Maramagambo Central Forest Reserve has been finalized; • Fisheries frame surveys on Lake Albert & Albert Nile to establish fisheries baseline have been carried out • Physical Planning in areas facing intense pressure from oil and gas has been initiated

40. Institutional Framework • The National Environment Management Authority (NEMA), Uganda Wildlife Authority (UWA) and the Petroleum Exploration and Production Department (PEPD) are the core institutions. • Others include: - • • Directorate of Water Resources Management • • National Forestry Authority • • Directorate of Environmental Affairs • • Directorate of Physical Planning and Land use • • The Department of Fisheries Resources • • Districts in the Albertine Graben

41. OBSERVATIONS • On Policy: • Significant level of effort; • Lack of substance and subject specificity on O&G in the NEMP; • Patchy coverage and inadequate implementation in other related policies; • Silence in the major planning policies, and • Inadequate linkages between Policy and Implementing Laws. • The Policies should be reviewed, harmonised and strengthened to eliminate the above observations.

42. OBSERVATIONS • On Legislation: • Significant level of effort; • When overlaid, there are Gaps and Patches; • Lack of the rule of law: Inadequate enforcement; • Inadequate linkages between institutions established in the laws; and • Lack of specificity on O&G: subject and substance. • The legislation should be reviewed in a harmonised coordinated way, and strengthened.

43. OBSERVATIONS • On Institutional Framework • Inadequate linkages, consultation, and cooperation – compartmentalised -no team work ; • Insufficient staffing; • Inadequate facilitation. • Additional measures still required to improve performance, eg capacity and team building.

44. OBSERVATIONS • On Data, Information, etc: • There is some data on O&G from different sources. • It is not enough, Often unavailable to the public, inaccurate and not disseminated enough to cause public change; • There is a need for generation of Adequate information

45. OBSERVATIONS • On Technical Infrastructure: • Inadequate; • Inadequate attention to biological and eco monitoring; incompetent laboratories • There is a need to develop: - • Technical capabilities of existing institutional laboratories with a view to competently implement a mitigation programme.

46. OBSERVATIONS • On Technical Personnel: • Inadequate number of trained personnel; • Inadequate training for experts; • There are gaps in the scope of required disciplines; • Inadequate team workacross sectors. • There is need to produce more experts in the relevant disciplines: - • Clinical, Environmental and Industrial toxicology • Control technology and safety engineering • Risk assessment • Technological Disasters • Waste Disposal • Ecotoxicology • Analytical Chemistry (trace analysis).

47. OBSERVATIONS • On Research Capability: • Research capability is inadequate and largely ignored; • There is no concerted research programme dedicated to establish the full impact of O&G industry; • Epidemiological research is minimal. • There is a need to establish ecological characteristics of the sensitive interaction between O&G and the ecosystem that we have.

48. OBSERVATIONS • On Information and Awareness: • Awareness of impacts and this will lead to suprises; • Responsible institutions are weak, and operationally urban; • The information that is available is in a form that is not consumable by the majority of community members and the waste operators; • There is a need for: - • A massive awareness campaign to be mounted (all stakeholders) through an IEC programme aimed at vulnerable communities. • Complete information and a user-friendly communication system operational at community level

49. OBSERVATIONS- ON OIL AND GAS WASTE MANAGEMENT Storage • Storage for waste is still inadequate; • Safety data sheets unavailable down the chain; • Inadequately supervised; • Not reasonably covered in law. • There is a need for subject and substance specific legislation covering among others:- • Good design, construction and location; • Separation of incompatible materials; • Physical conditions of storage (temp, humidity etc); • Provision of local and general ventilation; • Safe methods of work.

50. OBSERVATIONS • On Transport: • Concerned about transportation of hazardous materials; • Carriers inadequately labelled for hazard identification; • Inadequately supervised - loading, unloading, transit; • Not reasonably covered in law. • Need for subject and substance specific legislation covering: - • Integrity of packaging especially bulk goods; • Criteria of classification of wastes and substances; • Training and informing of operators; • Segregation of dangerous goods and decontamination of carriages.