THE UNITED REPUBLIC OF TANZANIA
MINING COMMISSION

Departments

MINES INSPECTORATE AND ENVIRONMENT DEPARTMENT

Objective

To carry out inspections, investigations, audit and monitoring of health, safety and environmental issues related to mining operations for safe working environment and environmental protection.

Functions

(i)To monitor and audit environmental performance of mining entities to ensure compliance as per existing legislations;

(ii)To verify environmental budgets and expenditures, rehabilitation and mine closure costs incurred by mining entities;

(iii)To inspect mining operations;

(iv)To conduct investigations and enquiries of mining accidents and incidences;

(v)To scrutinize and approve designs for mines, processing plant and related structures; and

(vi)To ensure safety in manufacturing, handling, transportation, storage, usage, export and import of explosives in relation of mining activities.

This Department comprise of three Sections

(a) Inspectorate Section;

(b) Explosives Management Section; and

(c) Environment Section.


Inspectorate Section

Functions

(i) Inspect mines for safe working and occupational health in compliance with safety regulations;

(ii) Inspect and ensure orderly exploitation and exploration and optimal utilization of mineral resources;

(iii) Inspect and approve designs for mine, plants and related structures and mine closure plans;

(iv) Scrutinize and approve special rules made by Mine Managers for maintenance of order, discipline and prevention of accidents in the mines;

(v) Conduct investigations and inquiries of mining accidents and incidences and prepare reports;

(vi) Oversee and coordinate activities of Inspectors of Mines in the country; and

(vii) Develop, monitor, evaluate and review implementation of mines inspection guidelines and standards.


Explosive Management Section

(i) Facilitate issuance of all licenses, permits and certificates related to explosives;

(ii) Safety inspection of licensed explosives premises to ensure compliance with the laws and approval of applications for construction of explosives storage facilities and manufacturing;

(iii) Oversee destruction of expired and damaged explosives and blasting accessories;and

(iv) Facilitate collection of Government revenue from explosives dealings.


Environment Section

(i) Monitor and audit environmental performance of mining entities;

(ii) Verify budgets and actual expenditures incurred by mines on environmental conservation activities;

(iii) Review mine closure plan and associated costs;

(iv) Participate in the administrative and consultative process for establishment, review and return of rehabilitation bonds;

(v) Assess the adequacy of environmental rehabilitation bond secured by the Government as per existing legislation;

(vi) Verify on-site environmental rehabilitation activities and associated costs to assess value for money;and

(vii) Initiate and facilitate research in mining environmental management.


MINERAL LICENSING AND INFORMATION SYSTEMS DEPARTMENT

Objective

To administer mineral licenses/permits, certificates and facilitate comprehensive data collection and dissemination.

Functions

(i) To ensure orderly exploration and exploitation of mineral resources in the country;

(ii) To install, manage, maintain and ensure proper functioning of the Mining Cadastre Information Management System;

(iii) To issue, suspend and revoke mineral rights, licenses and permits;

(iv)To secure a firm basis for comprehensive data collection, interpretation and dissemination on mineral resources to ensure effective exploration and exploitation; and

(v)To administer information systems in line with e-Government policies.


This Department comprise of two Sections:

(a) Mining Cadastre Section; and

(b) Information Systems Management Section.


Mining Cadastre Section

(i) Issue, revoke and suspend licenses, permits and certificates of mining activities;

(ii) Facilitate collection of Government revenue from Mineral Rights holders;

(iii) Facilitate resolution of disputes arising out of mining activities;

(iv) Monitor all licenses issued to ensure general compliance of laws and terms and conditions of Mineral Rights, and the approved programmes are executed ;

(v) Prepare periodic information on mineral rights and manage the flow of information between the Central Register and Sub-Registers in the Resident Mines Offices;

(vi) Monitor and manage relinquished areas under Prospecting Licenses and identify and propose areas for demarcation for small scale miners; and

(vii) Maintain public cadastral map and cadastral registers.


Information Systems Management Section

(i) Identify and analyse Information and Communication Technology (ICT) needs for the Commission and develop technological solutions;

(ii) Prepare and supervise implementation of ICT policy of the commission in line with e-Government policy, laws and regulations;

(iii) Control security aspects of data and information systems;

(iv) Develop and administer guidelines for capture, storage and retrieval of data;

(v) Coordinate and oversee design, maintenance and modification of information systems;

(vi) Oversee development of programmes, methodologies, applications and tools for analyzing and presenting data;

(vii) Prepare, interpret and analyse mineral data to ensure accuracy and accessibility of information;

(viii) Oversee the provision of training for users regarding ICT; and

(ix) Manage integration of information systems with other Government institutions.


MINERAL AUDIT AND TRADE DEPARTMENT

Objective

To audit financial, local contents, minerals production and sales; manage minerals trade and counteract minerals smuggling.

Functions

(i)To monitor and audit quality and quantity of minerals produced and sold by large, medium and small scale miners;

(ii)To audit exploration cost, capital investment, revenue generated and operating expenditure of the mining entities;

(iii)To analyse minerals samples, sort and assess values of minerals produced by large, medium and small scale miners;

(iv)To counteract minerals smuggling, minerals royalty evasion, manage minerals trade and operations of all Minerals and Gem Houses; and

(v)To audit local contents and Corporate Social Responsibility actual performance against the approved plans; and verify CSR compliance with regards to disclosure requirements.


This Department comprise of three sections:

(i) Financial Audit, Tax Review and Local Content Section;

(ii) Mineral Audit and Laboratory Services Section; and

(iii) Mineral Trade Section.


Financial Audit, Tax Review and Local Content Section

(i ) Audit exploration cost, capital investment, revenue generated and operating expenditure of the mining entities;

(ii) Examine and monitor implementation of feasibility reports for existing and upcoming mining projects, and Mineral Development Agreements (MDAs);

(iii) Verify forecasted capital investment for the purpose of ascertaining mis-invoicing or any other form of malpractice by mineral rights holder;

(iv) Perform financial modeling for existing and upcoming mining projects;

(v) Supervise and audit the implementation of local content plans and corporate social responsibility by Mineral right holders;

(vi) Counteract illicit financial flows and fiscal evasion in the mining sector;

(vii) Audit mining entities, dealers and brokers financial and tax records to facilitate collection of Government revenues;

(viii) Perform comprehensive tax analysis of the mineral sector and advise on appropriate measures;

(ix) Audit local contents and Corporate Social Responsibility actual performance against the approved plans;

(x) Verify CSR and local content compliance with regards to disclosure requirements;

(xi) Organize and conduct awareness program and sensitization to the local entities regarding opportunities available in the mining value chain in collaboration with relevant stakeholders; and

(xii) Collect CSR and local content performance data for publicity to promote transparency and stimulate compliance.


Minerals Audit and Laboratory Services

(i) Plan, develop and coordinate minerals production monitoring strategies;


(ii) Analyse minerals samples, sort and assess values of minerals produced by large, medium and small scale miners;


(iii) Carry out sampling of mineral for analysis;


(iv) Perform monitoring and auditing of minerals produced by miners;


(v) Provide commercial laboratory services to mineral explorers, miners, mineral traders, dealers, brokers, buyers and exporters;


(vi) Prepare, review and implement policies and strategies of minerals valuation and analysis;


(vii) Develop, maintain and review quality control standards;


(viii) Formulate and review laboratory safety regulations and procedures; and


(ix) Provide technical input to the National Gold and Gemstones reserve.


Mineral Trade Section

(i) Facilitate collection of Government revenues from mineral trade;

(ii) Manage and control minerals trade and operations of all Minerals and Gem Houses, which comprise of the Mineral Auction Centers, the Mineral Exchange, and the Mineral Clearing Houses;

(iii) Conduct sorting and valuation of minerals produced by large, medium and small scale miners and provide identification certificate, export or import permit, Kimberley Process Certificate and other necessary documents;

(iv) Provide indicative prices for minerals produced in the country;

(v) Implement minerals valuation guidelines, regulations and procedures;

(vi) Counteract minerals smuggling and royalty evasion in collaboration with relevant authorities to monitor mineral exports and imports; and

(vii) Initiate and facilitate research on minerals valuation and advise


RESIDENT MINES OFFICE

Objective

To monitor and administer mining activities in the respective areas to ensure compliance with the existing legislations.

Functions

(i) Administer and monitor mining activities in the respective areas;

(ii) Conduct inspection and auditing on mining entities to ensure safety, occupational health and environmental protection;

(iii) Assist in issuance and administration of Primary Mining License, Brokers and Dealer License and related permits;

(iv) Manage and administer revenue collection from royalties, rents and other fees as per existing legislations; and

(v) Provide extension services to artisanal and small scale miners.


MINES RESIDENT OFFICE

Objective

To monitor production and provide authorization into mineral storage facilities and oversee transportation of minerals to Government Minerals warehouse.

Functions

(i) Monitoring day to day production process at the mining site;

(ii) Verifying records, information and production reports kept by the holder of mineral right;

(iii) Authorizing entry into the mineral storage facility at the mine on behalf of the Government; and

(iv) Oversight over mineral removal and transportation to the Government Mineral Warehouse


CORPORATE SERVICE DEPARTMENT

Objective

To provide services on finance and accounts, human resources and administration, communications and public relations, research and planning services to the Commission.

Functions

(i)To provide financial management and accounting services to the Commission;

(ii)To provide advice on matters related to human resources management and administration;

(iii)To provide services in research, planning and project implementation; and

(iv)To provide services in information, communication and dialogue with public and media.

This Department comprise of four Sections -

(a)Finance and Accounts Section;

(b)Administration and Human Resources Management Section;

(c)Research and Planning Section; and

(d)Communication and Public Relations Section.


Finance and Accounts Section

(i) Collect and manage revenues according to regulations and guidelines;

(ii) Maintain sound accounting and financial management system;

(iii) Maintain and update non-current assets register;

(iv) monitor implementation of budget and its allocations

(v) Custodian of all accountable documents;

(vi) Handle all payments and retirements; and

(vii) Prepare final accounts and other financial reports.


Administration and Human Resources Management Section

(i) Interpret and ensure adherence to Public Service Regulations, Standing Orders and other Labour laws;

(ii) Facilitate employee relations and welfare including health, safety, sports and culture;

(iii) Provide registry, courier services; and manage office records;

(iv) Handle protocol matters;

(v) Facilitate provision of security services, transport and general utilities;

(vi) Facilitate maintenance of office equipment, buildings and grounds;

(vii) Coordinate implementation of ethics and value promotion activities;

(viii) Coordinate implementation of diversity issues; Private Sector Participation, Business Process Improvementand Client Service Charter;

(ix) Advise on organizational efficiency of the Commission;

(x) Carry out human resources planning and development;

(xi) Coordinate staff recruitment, selection, placement, confirmation, promotions and transfers;

(xii) Prepare Annual Personnel Emolument Estimates and administer salaries and process payroll;

(xiii) Coordinate implementation of Open Performance Review and Appraisal System (OPRAS);

(xiv) Oversee employee’s benefits (pension, allowances etc.) and entitlements;

(xv)Oversee services related to separation from the service (retirement, resignation, etc.); and

(xvi) Serve as a Secretariat support to the Appointment, Training and other ad hock Committees.


Research and Planning Section

(i) Coordinate preparation and implementation of Commission's strategic and action plans;

(ii) Coordinate preparation of commission's plans and budget;

(iii) Carry out monitoring and evaluation of Commission’s plans and budgets, and prepare periodic performance reports;

(iv) Carry out research and impact studies for making informed decisions on the future direction of the Commission.


Communication and Public Relations Section

(i) Plan, develop and implement Commission's public relations strategy;

(ii) Coordinate preparation and dissemination of information;

(iii) Coordinate press briefings for the Commission;

(iv) Engage in dialogue with the Public, Stakeholders and media; and

(v) Conduct public awareness activities through media, trade fairs, workshops, exhibitions and other channels.


LEGAL SERVICES UNIT

Objective

To provide legal services to the Commission.

Functions

(i) Provide legal advice and guidance in the issuance, suspension, renewal, revocation, surrender, cancellation and transfer of mineral licenses and permits;

(ii) Participate in the negotiations of Mineral Development Agreements (MDAs) and any other arrangements or agreements;

(iii) Provide legal opinion in all matters relating to mining industry including contracts for provision of procurement services;

(iv) Draft legal documents for the Commission;

(v) Handle and manage all Cases and Arbitrations by or against the Commission in the courts of law; and

(vi) Monitor general compliance with the laid down standards in mining operations, laws and regulations and the terms and conditions of mineral rights.

This Unit consists of two schedules each led by a Principal Legal Officer as follows:-.

(a) Contracts,licensing and compliance Management Schedule; and

(b) Litigations and Dispute Resolution Schedule.


Contracts, Licensing and Compliance Management Schedule

(i) Draft, negotiate and provide legal opinion on MDAs and other contracts to be entered between the Commission and third parties;

(ii) Provide legal opinion on issuance, renewal, revocation and transfer of mining licenses;

(iii) Advise on the preparation of Laws and Regulations relating to the mining industry and guiding principles for dispute resolutions between the license holders;

(iv) Draft and review all legal documents relating to the activities of the Commission; and

(v) Monitor compliance with all applicable laws and regulations relating to the mining operations and other functions of the commission.


Litigations and Disputes Resolution Schedule

(i) Prepare defense on all cases and Arbitrations against the Commission in the court of laws and tribunals;

(ii) Attend and defend cases/ litigation pending in the courts of law and tribunals against the Commission;

(iii) Institute any cases or arbitration against third parties and draft all pleadings required in the litigation of cases by or against the commission; and

(iv) Advise on the dispute resolutions arising out of mining operations or activities and prepare final decision/judgment thereto.


INTERNAL AUDIT UNIT

Objective

To provide advisory services to the Accounting Officer on the proper management of resources.

Functions

(i) Review and report on proper control over the receipt, custody and utilization of all financial resources;

(ii) Review and report on conformity with financial and operational procedures laid down in any legislation, regulations or instructions for control over the expenditures;

(iii) Review and report on the correct classification and allocation of revenue and expenditure accounts;

(iv) Develop audit procedures to facilitate compliance with international standards annually;

(v) Review and report on the reliability and integrity of financial and operational data and financial statements and other reports;

(vi) Review and report on the systems in place used to safeguard assets, and verify existence of such assets;

(vii) Review and report on operations or programs to ascertain whether results are consistent with established objectives and goals;

(viii) Review and report on the reactions by the management to external audit reports, and assist management in the implementation of recommendations made by reports and follow-up on the implementation of recommendations made by the Controller and Auditor General;

(ix) Review and report on the adequacy of controls built into computerized systems in place;

(x) Prepare and implement Strategic Audit Plans; and

(xi) Conduct performance audits on appraisal of development projects.


PROCUREMENT MANAGEMENT UNIT

Objective

To provide procurement and Supply services to the Commission.

Functions

(i) Advise the Management on matters pertaining to the procurement of goods and services and logistics management;

(ii) Monitor adherence to procurement process and procedures as per existing Public Procurement Laws and Regulations;

(iii) Develop an annual procurement Plan for the Commission;

(iv) Procure, maintain and manage supplies, materials and services to support the logistical requirements of the Commission;

(v) Maintain and monitor distribution of office supplies and materials;

(vi) Maintain and update inventory of goods, supplies and materials;

(vii) Provide Secretariat services to the Tender Board as per existing Public Procurement Laws and Regulations;

(viii) Set specifications/standards for goods and services procured and monitor adherence; and

(ix)Prepare action plan, progress reports and budgets for the Unit