Biodiversity in the Petroleum Rich Albertine Graben: An Examination of the Legal Regime

AB~TRAC~ Awareness of the importance of environmental conservation has become more and more central to the thinking of the oil industiy worldwide. Integration of development and environment throughparticipatoiy approaches was the main objective ofthe UnitedNations Conference on Environment and Development (UNCED) in Rio Janeiro-Brazil in 1992.Principle 4 of the Rio Declaration puts it clear “in order to achieve sustainable developmen4 environmental protection shall coijstitute an integral part ofthe development process and cannot be considered in Isolation from it”. The various disparate environmental problems that hadfor many years been addressed individually were put into a general global context during UNCED, and Agenda 21 highlighted key environmental issues such as safei’ use oftoxic chemicals, management ofhazardous wastes, management of solid wastes and sewage and management of radioactive wastes that are crucial to sustainable management during oil exploration and productioa It has structured issues to permit easy translation into national action plans. ft also includes the important dimensions ofsocial change and the impact on cultural values that accompany development projects, particularly those near remote communities. Overall, Agenda 21 has had a strong influence on national policies, with both structure and activity programmes following the framework of international initiatives. This research on biodiversity in the petroleum rich Albertine Graben; An examination of the legal regime is based on the environmental pollution experiences from other oil producing countries. ft is meant to help government and all policy makers to appreciate the needfor environmental conservation and meet the challenge ofintegrating conservation ofthe environment in the regulatory and business processes that will control the exploration and production of oil in Uganda ft is intended to serve as a basis for preparing and putting in place laws, policies, regulations, institutions, practices and programmes to prevent or at least mitigate the potential possible impacts of oil activities on the environment.

TABLE OF CONTENTS

DECLARATION

APPROVAL ii

DEDICATION iii

ACKNOWLEDGEMENT iv

ABSTRACT v

ACRONYMS vi

TABLE OF STATUTES vii

TABLE OF CASES viii

TABLE OF INTERNATIONAL INSTRUMENTS ix

LIST OF DOMESTIC LEGISLATION x

CHAPTER ONE

AN OVERVIEW OF THE BIODIVERSITY STATUS OF ALBERTINE GRABEN 1

1 .0 Introduction

1.1 Background 3

1.2 Statement of the Problem 9

1.3 Purpose of the study 12

1 .4 Research objectives 13

1 .5 Research Questions 13

1.6 Scope of the study 13

1.7 Significance of the study 13

1.8 Methodology 14

1.9 Chapterisation of Thesis 14

1 . 1 0 Literature review 1 5

1.10.1 Likely impacts/effects to biodiversity 17

1 .1 1 Ethical consideration 1 9

1 .12 Limitation of study 20

1 .1 3 Definition of key terms 20

CHAPTER TWO 22

INTERNATIONAL AND REGIONAL INSTRUMENTS WITH RESPECT TO

BIODIVERSITY 22

2. International and Regional, legislative framework 22

2.0 International Regulatory Instruments 22

2.0.1 The Rio Declarationon environment and Development 1992 23

2.0.2 Convention on Biological Diversity 24

2.0.3 Ramsar Convention of 1971 26

2.0.4 Stockholm Declaration 27

2.0.5 The Kyoto Protocol 28

2.0.6 The Basel Convention (1989) 30

2.0.7 Convention on International Trade in Endangered Species of Wild Fauna and

Flora 1973 30

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2.0.8 Conservation of Migratory Species of Wild Animals (1979). 31

2.0,9 Convention Concerning the Protection of the World Cultural and Natural Heritage

2.0.10 African Convention on the Conservation of Nature and Natural Resources’ 32

2.0.11 Convention Concerning the Protection of the World Cultural and Natural

Heritage’ 32

2.0.12 Convention for the Prevention of Marine Pollution by Dumping of Marine

Wastes and other Matter’. ..,.........,....,...,........................................,,.,.,,,...,.,,.,........,,..,,,,,.,, 32

2.0.13 The Convention for the Establishment of the Lake Victoria Fisheries

Organization 2001 33

2,1 International Regulatory Institutions ................................................................~. 33

2.1 .1 United Nations Environment Programme 33

2.1.2 Intergovernmental panel on climate change ........................................................ 34

2.1.3 Global Environment Facility~35

2.1.4 World Nature Organization 36

2.2 Regional Regulatory Instruments 37

2.2.1 The EAC Treaty 37

2.2.2 The EAC Protocol on Wilcllife Conservation and Law Enforcement 37

2.2.3 The EAC Protocol on Environment and Natural Resources Management 2006 38

2.2.4 The Lake Victoria Protocol 2003 38

2.2.5 The Lusaka Agreement on Cooperative Enforcement Operations directed at Illegal

Trade in Wild Fauna and Flora 1994 39

2.2.5 The Environmental Assessment Guidelines for Shared Ecosystems in East

Africa(2007) 39

CI-IAPTER THREE 41

THE INSTITUTIONAL AND LEGAL REGIME ON BIODIVERSITY IN UGANDA:

THE RELEVANCY IN OIL INDUSTRY 41

3.1 The National Regulatory Instruments 41

3.1.1 Policies 41

3.1.1.1 The Oil and Gas Policy 2008 41

3.1.1.2 The oil and Gas Revenue management policy 2012 41

3.1.1.3 The Uganda Wildlife Policy (1999) 42

3.1 .1 .4 Disaster Management and Preparedness Policy 42

3.1.1.5 Uganda Forestry Policy (2001) 42

3. 1 .1 .6 National Policy for the Conservation and Management of Wetland Resources

(1995) 43

3.1.1.7 The National Energy Policy. 2002 44

3.1.1.8 The National water policy 44

3.1.1.9 The National Environment Management Policy (NEMP) (1995) 45

3.1.1.10 The National Fisheries policy 2004 46

3.1.2 Legislative Instruments 46

3.1.2.1 The 1995 Constitution of the Republic of Uganda 46

3.1 .2.2 The Petroleum (Exploration. development andl Production) Act of 2013 47

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3. 1 .2.3 The Petroleum (Refining. Conservation, Transmission and midstream Storage)

Act. 201351

3.1.2.4 The Petroleum Supply Act, 2003 52

3. 1 .2.5 The National Environment Act, Cap 153 and Regulations 54

3.1.2.6 Water Act, Cap 152 and Regulations 60

3.1 .2.7 The National Forestry and Tree Planting Act 2003 62

3.1.2.8 The Wildlife Act 1996, cap 200 63

3.1.2.9 The Land Act Cap 227 64

3.1 .2.10 The Local Government Act 2007 65

3.1 .2.11 The Public Health Act, cap 281 66

3.1 .2.12 Occupational Safety and Health Act 2006 66

3.1 .2.1 3 The Investment Code Act, Cap 92 67

3.1.2.14 The Roads Act, Cap 358 67

3.1.2.15 Land Acquisition Act, Cap 226 68

3.1.2.16 Fisheries Act Cap 197 68

CHAPTER FOUR 69

COMPARATIVE ANALYSIS WITH OTHER JURISDICTIONS 69

4.1 Kenya 69

4.2 Tanzania 71

4.3 Malaysia 76

4.4 Australia 80

4.5 Nigeria 83

4.6 Gulf of Mexico 91

4.7 Norway 95

CHAPTER FIVE 98

FINDINGS, RECOMMENDATIONS, CONCLUSIONS 98

5.1 Findings 98

5.2 Recommendations 99

5.3 Conclusions 104

BIBLIOGRAPHY 106