is a cause of concern.
4 According to the Uganda National Agriculture Policy,
sustainable use and management of water, soil and land resources remains a critical
factor for agricultural production and productivity.
5 To that effect, one operational
principle of the Policy is the requirement that the Government ensures key agricultural resources including soils and sand for agricultural production are sustainably
used and managed to enhance adequate output for the current and future generations.
6 While there has been an effort to apply this principle in general, the extent of
its application in the particular context of sand mining is an important question.
2 Background
In recent years, in Uganda, there has been phenomenal increase in sand mining
activities which is a threat to sustainable management of soil as envisaged in a
number of environmental instruments. This has to a large extent contributed to land
degradation, desertification and the destruction of important economic trees most
especially of the indigenous variety.
In spite of prevalence and impact on the environment and agricultural lands, sand
mining has not been given the attention it deserves. While some studies have been
conducted on the impacts of sand mining, the legal aspect has rarely been a subject of
extensive scrutiny. Recently, attention was momentarily focused on mining along
river banks and lake shores
7 ; sand mining on shore or on land has not generally been
4 In the case of United States, for example, the industry has been growing by nearly 10% annually
since 2005 due to its of hydrocarbon extraction. Much of the market size for mining is held by Texas
and Illinois. Silica sand mining business has more than doubled since 2009 on account for the need
for this particular type of sand, which is used in a process known as hydraulic fracturing. Wisconsin
is one of the five states which produce nearly 2/3 of the nation’s silica. As of 2009, Wisconsin, along
with other northern states, is facing an industrial mining boom, being dubbed the “sand rush” on
account of the new demand from large oil companies for silica sand. According to Minnesota Public
Radio, “one of the industry’s major players, U.S. Silica, says its sand sales tied to hydraulic
fracturing nearly doubled to $70 million from 2009 to 2010 and raked in nearly $70 million in
the first nine months of 2011.” See MPR News (March 8th, 2012).
5 National Agriculture Policy, NAP (2013), Par 2.6.1.
6 NAP, Par 3.1.
7 The Ugandan National Environment Management Authority (NEMA) issued a warning of devastating environmental consequences if Chinese investors insist on mining sand in Lake Victoria.
NEMA said Mango Tree Group Ltd was only permitted to manufacture ships and must first seek
approval to engage in sand mining. “We want to categorically state that Mango Tree Group Ltd’s
activities of engaging in sand mining are illegal. We only cleared them [Mango Tree Group Ltd] to
manufacture ships after they secured a license from the Uganda Investment Authority, not carrying
out dredging on the lake shores,” said NEMA. “The sites where they want to excavate sand are very
crucial. We warned them against tampering with them because any destruction may spark off a
serious ecological disaster we may not handle as a country. They can think of other areas but an EIA
[Environmental Impact Assessment] has to first be carried out,” she added. Background: On
September 2 last year, the company submitted its first EIA report to NEMA, seeking approval to
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T. Sanni
4 According to the Uganda National Agriculture Policy,
sustainable use and management of water, soil and land resources remains a critical
factor for agricultural production and productivity.
5 To that effect, one operational
principle of the Policy is the requirement that the Government ensures key agricultural resources including soils and sand for agricultural production are sustainably
used and managed to enhance adequate output for the current and future generations.
6 While there has been an effort to apply this principle in general, the extent of
its application in the particular context of sand mining is an important question.
2 Background
In recent years, in Uganda, there has been phenomenal increase in sand mining
activities which is a threat to sustainable management of soil as envisaged in a
number of environmental instruments. This has to a large extent contributed to land
degradation, desertification and the destruction of important economic trees most
especially of the indigenous variety.
In spite of prevalence and impact on the environment and agricultural lands, sand
mining has not been given the attention it deserves. While some studies have been
conducted on the impacts of sand mining, the legal aspect has rarely been a subject of
extensive scrutiny. Recently, attention was momentarily focused on mining along
river banks and lake shores
7 ; sand mining on shore or on land has not generally been
4 In the case of United States, for example, the industry has been growing by nearly 10% annually
since 2005 due to its of hydrocarbon extraction. Much of the market size for mining is held by Texas
and Illinois. Silica sand mining business has more than doubled since 2009 on account for the need
for this particular type of sand, which is used in a process known as hydraulic fracturing. Wisconsin
is one of the five states which produce nearly 2/3 of the nation’s silica. As of 2009, Wisconsin, along
with other northern states, is facing an industrial mining boom, being dubbed the “sand rush” on
account of the new demand from large oil companies for silica sand. According to Minnesota Public
Radio, “one of the industry’s major players, U.S. Silica, says its sand sales tied to hydraulic
fracturing nearly doubled to $70 million from 2009 to 2010 and raked in nearly $70 million in
the first nine months of 2011.” See MPR News (March 8th, 2012).
5 National Agriculture Policy, NAP (2013), Par 2.6.1.
6 NAP, Par 3.1.
7 The Ugandan National Environment Management Authority (NEMA) issued a warning of devastating environmental consequences if Chinese investors insist on mining sand in Lake Victoria.
NEMA said Mango Tree Group Ltd was only permitted to manufacture ships and must first seek
approval to engage in sand mining. “We want to categorically state that Mango Tree Group Ltd’s
activities of engaging in sand mining are illegal. We only cleared them [Mango Tree Group Ltd] to
manufacture ships after they secured a license from the Uganda Investment Authority, not carrying
out dredging on the lake shores,” said NEMA. “The sites where they want to excavate sand are very
crucial. We warned them against tampering with them because any destruction may spark off a
serious ecological disaster we may not handle as a country. They can think of other areas but an EIA
[Environmental Impact Assessment] has to first be carried out,” she added. Background: On
September 2 last year, the company submitted its first EIA report to NEMA, seeking approval to
102
T. Sanni