Yvonne Kose Chilume
Plot 130, UNIT 1, NKWE SQUARE
GABORONE INTERNATIONAL FINANCE PARK
P O BOX 60778
GABORONE BOTSWANA
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Botswana Legal System
Key Regulatory processes of CCS
Current Legal and Regulatory Framework for CCS
Commercial “pioneer” CCS projects
CCS related legislation
Access rights to third parties
Management of transportation facilities
Institutional framework
Policy formulation
Regional Approach
Conclusion: Recommendations
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Botswana Legal System
 Roman Dutch Law and Customary Law
 Constitution of Botswana is fundamental law and sets
up State Organs and contains the bill of rights and
freedoms.
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Key Technological processes of CCS
 Definition or classification of CO2
 Site selection
 Waste management
 Storage facility
 Transportation
 Monitoring program
 Long term risk management
 Stakeholder participation
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Current Legal & Regulatory
Framework for CCS
 No CCS specific legislation
 Current legal and regulatory framework exists in an array
of different pieces of legislation and may be adapted to CCS
 Key CCS listed issues above relate to :
 Legal definition of CO2
 Property rights to sub surface land
 Proprietary rights to CO2
 Varied liability issues associated with long term storage
 Access rights
 Management of Transportation facilities
 Institutional framework
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Commercial “pioneer” CCS projects
 High demand for power generation caused by
population growth, urbanisation and industrialisation
 Botswana Government promotes the use of coal
reserves for power generation and provides an
enabling environment as a policy maker
 Mmamabula Coal Fired Power Station Project
 Morupule Power Expansion Power Project
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CCS related legislation
 Legal definition of CO2 –
 Waste Management Act – “hazardous waste or industrial
waste”
 Atmospheric Pollution (Prevention) Act “noxious or
offensive gas”
 Mines and Mineral Act “industrial mineral or mineral”
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CCS related legislation (cont.)
 Proprietary rights to CO2
 If taken as mineral under Mines and Minerals Act, the
rights belong to State “right to prospect and mine”
 Botswana Power Corporation Act – power to acquire
land and sell coal, fuel etc produced in the course of
performing functions
 Electricity Supply (Amendment) Act, independent
electrical suppliers may acquire land and sell electricity
 Industrial Property Act – capture technologies may be
patented with brands and logos registered as trademarks
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CCS related legislation (cont.)
 Property rights to subsurface land
 Constitutional protection over property rights except
compulsory acquisition with adequate compensation or
carry out conservation of soil or natural resources
 Land governed by various Acts (State Land Act, Tribal
Land Act, Acquisition of Property Act, Deeds Registry
Act)
 Rights to minerals reserved to State in disposition of
land
 50 year or 99 year leases issued on condition that upon
lapse of that time, land with improvements reverts to
the State
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CCS related legislation (cont,)
 Varied liability issues associated with long term storage
 IPCC view - Risks of current activities of CCS are comparable
to natural gas storage or EOR therefore “appropriately site
selected with monitoring program and remediation is most
likely to exceed 99% over a period of 100 years and less likely
to exceed 99% over 1000 years.” Carbon Credits
 Mitigation risk of leakage, allocation of liability to recover
damages
•
Petroleum (Exploration and Production) Act requires data
of, chemical composition, physical properties, quantity of
petroleum, transportation, sites for facilities and pipelines
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CCS related legislation (cont,)
 Deeds Registry Act – Record keeping of Title to land
and system of deeds which is reliable over long term
periods, terms and conditions of title fall short of
providing for mitigation of leakage and varied liability
to recover costs
 Waste Management Act – applies the principle of
polluter pays principle in transportation of controlled
waste
 Environmental Impact Assessment Act – projects
undergo EIA where information of risk assessments
and management are provided
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Access rights to third parties
• Derogation from constitutional protection of
property rights to provide access to State officials for
reasons of public interest, public security for
conservation of soil or natural resources
• To ensure compliance, existing legislation permits
access rights, Atmospheric Pollution (Prevention)
Act, Public Health Act, Environmental Impact
Assessment Act and Waste Management Act
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Management of transportation
facilities
 Waste Management Act
 Provision of licensing system of import, export and
transit of waste
 Domesticates the Basel Convention
 Regulates the transboundary movement of waste
 Assessment and management of risks eg adequate
engineering work required if underground water, ponds
and lakes are at risk
 Petroleum Act
 Provision of underground storage and transportation of
petroleum through roads and pipelines
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Management of transportation
facilities (contd.)
 Environmental Impact Assessment Act – prescription
list in regulations of “activity” may include
transportation of CO2 as long as it is likely to cause a
significant adverse effect on the environment
 Deeds Registry Act – where failure to agree on
servitude party to party, registration is required and a
servitude is filed at Deeds Registry
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Institutional Framework
 Key institutional regulatory framework includes National Meteorological Service Act- Department of
Meteorological Services is Designated National Authority
under the UNFCCC mandate to handle climate change issues
 Department of Energy under Ministry of Environment
Wildlife and Tourism, formulates policy on energy
 Department of Geology under Ministry of Minerals, Energy
and Water Affairs, formulates policy on underground storage
 Botswana Power Corporation Act – a statutory autonomous
body operating commercially whose function is to generate,
transmit and distribute electricity
 Various Acts on Local Authorities– District & Town Councils,
Land Boards
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Policy formulation
 Vision 2016- principle is access to energy services, improve
security through regional cooperation and energy trade
 National Energy Policy –goal to provide affordable, reliable,
environmentally friendly and sustainable energy sector to
promote social and economic development-recognition of
CDM programmes as a signitory to Kyoto Protocol
therefore it is an emissions abatement policy
 Botswana Energy Master Plan BEMP- a product of
stakeholders, goals are Intergrated Energy Planning and
energy efficiency and achieve balance of imports of power
and local generation eg Morupule Power Station
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Regional Approach
 Southern African Power Pool (SAPP) Botswana as a
member of SAPP benefitted during period of
shortages of power
 MOU between BPC, Nampower, Zesco and ZESA
(ZIZABONA) Zimbabwe, Zambia, Botswana and
Namibia
 Western Power Corridor (Westcor Project) DRC,
Angola, Namibia Botswana and SA
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Conclusion : Recommendations
 CCS to play central role for coal fired power stations
 Interventions of GoB, BPC and private sector
 Policy CO2 emissions abatement policy is in place, a pre-requisite to
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CCS according to IPCC Special Report
NEP emphasized the importance of energy research and development,
Botswana Technology Centre and University of Botswana
Current legal and regulatory framework of CCS is inadequate
Regulations required to address the commercial “pioneer” projects
Concerns of risks in underground water contamination
To minimise risk a through site selection process is required, injection
of CO2 underground
CCS guidelines shall cover, safety, environmental health and
environmental impacts and minimal involve of governmental
institutions
GoB shall lead to determine certainty of long term liability and
remediation so some form of participation required
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Conclusion: recommendations
(contd)
 A coordinated one stop approval required
 Adoption of CO2 emissions abatement policy and
CDM of Kyoto Protocol in National Meteorological
Service Act
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 Thank You
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