Draft 06.06.2014 TRAINING NEEDS ASSESSMENT REPORT FOR THE GOVERNMENT AUTHORITIES OF TANZANIA WORKING WITH THE UPSTREAM PETROLEUM SECTOR TNA –Tanzania Upstream Petroleum Sector Contents 1. Executive summary and main recommendations ........................................................................... 5 2. Introduction to the TNA study ...................................................................................................... 11 3. 4. 2.1 Objective and scope of work (SOW)...................................................................................... 11 2.2 The methodology, definitions and limitations ...................................................................... 11 2.3 The TNA – organization and execution ................................................................................. 13 2.4 Other donor initiatives of relevance to the TNA ................................................................... 13 The Petroleum Sector of Tanzania ................................................................................................ 15 3.1 The History of Petroleum Exploration and Production in Tanzania ...................................... 15 3.2 The Present and near future Situation of the Petroleum Upstream..................................... 18 3.3 The key Decision Gates.......................................................................................................... 20 Assessments of Governmental Institutions................................................................................... 21 4.1 The Petroleum Section in MEM............................................................................................. 21 4.1.1 Mandate, Organization and Operations ........................................................................ 21 4.1.2 Baseline ......................................................................................................................... 23 4.1.3 Strategic challenges and urgent capacity needs ........................................................... 24 4.2 TPDC-Tanzania Petroleum Development Corporation.......................................................... 27 4.2.1 Mandate, Organization and Operations ........................................................................ 27 4.2.2 Baseline ......................................................................................................................... 29 4.2.3 Strategic challenges and urgent capacity needs ........................................................... 32 4.3 OSHA – Occupation, Safety and Health Authority ................................................................ 35 4.3.1 Mandates, organization and operations ....................................................................... 35 4.3.2 Baseline ......................................................................................................................... 36 4.3.3 Strategic challenges and urgent capacity needs ........................................................... 38 4.4 The National Environment Management Council (NEMC).................................................... 40 4.4.1 Mandates, Organization and Operations ...................................................................... 40 4.4.2 Baseline ......................................................................................................................... 42 4.4.3 Strategic challenges and urgent capacity needs ........................................................... 43 4.5 Department of Energy & Minerals; MLHWE, Zanzibar.......................................................... 46 4.5.1 Mandate, Organization and Operations ........................................................................ 46 4.5.2 Baseline ......................................................................................................................... 48 4.5.3 Strategic challenges and urgent capacity needs ........................................................... 48 5. Challenges and key measures for competence building ............................................................... 52 6. General observations and recommendations on the petroleum sector organisation ................. 54 2 TNA –Tanzania Upstream Petroleum Sector 6.1 The role of TPDC .................................................................................................................... 54 6.2 The organization of MEM ...................................................................................................... 54 6.3 The organization of HSE ........................................................................................................ 55 6.4 The environmental responsibilities for the petroleum sector .............................................. 55 6.5 The organization of the petroleum sector in Zanzibar .......................................................... 55 7. Gender ........................................................................................................................................... 56 8. References ..................................................................................................................................... 58 3 TNA –Tanzania Upstream Petroleum Sector Acronyms CIDA Canadian International Development Agency DEPTS Directorate of Exploration, Production and Technical Services (TPDC) DoEM Directorate of Energy and Minerals DoU Directorate of Upstream EIA Environmental Impact Assessment EMA Environmental Management Act EPC Engineering Procurement Contract FEED Front End Engineering Design FID Final Investment Decision G&G Geological and Geophysical HGA Host Government Agreement HR Human Resources HSE Health, Safety and Environment ICT Information Communication Technology LA Land Acquisition LNG Liquefied Natural Gas MEM Ministry of Energy and Minerals MLHWE Ministry of Land, Housing, Water and Energy (Zanzibar) MPSA Model Production Sharing Agreement NEMC National Environmental Management Council NOC National Oil Company NPD Norwegian Petroleum Directorate OSHA Occupational Safety and Health Authority PSA Production Sharing Agreement PDO Plan for Development and Operation PPP Public-Private Partnership SEA Strategic Environmental Assessment SOW Scope of Work SUMATRA Surface and Marine Transport Regulatory Authority TCF Trillion cubic feet TNA Training Needs Assessment ToR Terms of Reference TPDC Tanzania Petroleum Development Corporation WB World Bank 4 TNA –Tanzania Upstream Petroleum Sector 1. Executive summary and main recommendations Background Tanzania’s history on exploration for oil and gas goes back more than 60 years. The first discovery of gas in the Songo Songo field was made in 1974 and 30 years later the first gas was produced for electricity generation and industrial use. From year 2000 the focus for oil and gas exploration has been on the deep offshore, and during the last decade several major gas discoveries have been made bringing the total present gas resources of Tanzania to 46 TCF. Tanzania has a vision to develop the country to become a gas nation. It will not be possible however, to utilize the gas resources only for domestic purposes and a LNG based export solution is presently being planned by the international oil companies. The development of the gas resources requires important decisions to be taken by the authorities in the near future. These decisions have to be made within the framework of an international gas market that is dramatically changing and where the surplus of gas resources will be a major challenge. In East Africa, Mozambique is emerging as a very strong competitor to Tanzania for the same future gas markets in Asia. In this perspective the urgency for Tanzania of making necessary decisions and to build appropriate competence to manage the resources cannot be overemphasized. Together with the perspective of the long-term development of the sector for sustainable benefit of Tanzania, substantial requirements arise as to the competence and capacity the Government must have to meet the challenges and its functional responsibilities. The objective of the Training Needs Assessment (TNA) is to get baseline information regarding training needs for the government authorities in Tanzania to strengthen their competence to fulfill their roles and responsibilities for the upstream petroleum sub sector. The report will both serve as a basis for prioritization of Norwegian support in capacity building in the respective institutions as well as being a tool for the institutions themselves in defining their own training strategy. The TNA will also provide input to the upcoming institutional review in the upstream petroleum sub-sector. The following institutions have been reviewed: Ministry of Energy and Minerals (Petroleum Section): provides a leadership role in development of policy, policy instruments, monitoring compliance and enforcement of the petroleum laws. The Petroleum Section is mandated to coordinate upstream and downstream activities at national and regional levels with the view of improving the energy resource base and ensure reliable supply of petroleum products. Tanzania Petroleum Development Corporation (TPDC): is a state corporation through which the Ministry of Energy and Minerals implements its petroleum exploration and development policies. TPDC is delegated several key authority functions including data management, resource assessment, preparation of licensing rounds, negotiating Production Sharing Agreements and monitoring. The National Environmental Management Council (NEMC): is a national institution with a responsibility to oversee environmental management by undertaking environmental enforcement, compliance, review and monitor environmental impact statements, research and awareness raising. 5 TNA –Tanzania Upstream Petroleum Sector Occupation, Safety and Health Authority (OSHA): is mandated by the Occupational Health and Safety Act and authorized to ensure compliance with this act as well as other laws and regulations regarding safety and health at all work places. Ministry of Land, Housing, Water and Energy (Department of Energy and Minerals): is the institution responsible for the petroleum sector in Zanzibar. While the disagreement on sharing of future revenues has prevented the sector’s progress, the proposed new Constitution may terminate the petroleum upstream subsector as a union matter. Methodology The TNA has been carried out by establishing a required competence profile for each of the institutions through an evaluation of the petroleum sector development and the general functional responsibilities of the unit. This has been compared with the actual competence in the organization which has been assessed through a combination of interviews with the management and staff and the use of competence mapping forms and the resulting gaps identified. The TNA has also reviewed the existing plans for competence development of the institutions. These numerous planning documents are commonly not based on any explicit analyses and documentation of the status and development of the sector. Furthermore, they are very ambitious and in general only partially implemented due to both organizational and financial constraints. The institutions are recommended to revise and combine plans for training activities, taking into account the capacity in the relevant organisations. Leaders should be committed to prioritise and execute the most urgent training needs based on a firm understanding of the current situation in the petroleum sector. Competence – challenges and recommendations The competence gaps identified are partly related to a lack of knowledge about basic understanding of the petroleum sector including terminology, operational principles and technology. These gaps can largely be filled through regular training. More fundamental gaps however, are related to how the institutions should carry out their functional responsibilities. To achieve sustainable competence development within these areas it will be necessary to apply the new knowledge in an active working situation. The TNA team recommends that ‘on-the-job’ training or an active coaching process is used as the key measure. This coaching should preferably be carried out by experienced staff from the institutions. To achieve this it is necessary that coaching is given priority among their work tasks. Alternatively, external resources can be mobilized through cooperation agreements as is in place between Tanzania and Norway. In this situation with a general weak competence base, leaders should look for team based solutions to achieve the optimal benefits for both individuals and the institutions. The following key measures on competence development are recommended for the institutions: 6 TNA –Tanzania Upstream Petroleum Sector MEM (Petroleum Section): Competence strengthening for development of licensing strategy based on a resource inventory and optimized area prioritization. This should be organized as a coached process moving through the various stages of strategy development. Improving negotiation skills with the emphasis on evaluation of application and planning the negotiation process. A coached process linked to an ongoing licensing process is preferable. Strengthening of the monitoring skills with a priority on the data acquisition and drilling activities in the exploration phase is required. The competence building should include reviewing routines and required framework and preferably be conducted as an on-the-job or mentoring arrangement with a governmental institution. Strengthening competence linked to the field development decision through a coached process working on an actual field development plan submitted to the authorities for approval. Competence strengthening on the development of appropriate regulations under the Upstream Law to ensure efficient and effective regulation of the petroleum upstream. Short term course in procedures for the preparations of White Papers (Cabinet Papers) for Government approvals. These courses can be provided by the Cabinet Secretariat of the President’s Office. Leadership training addressing organisational issues including roles and responsibilities as well as the improvement of decision and work processes. Competence building should be a long-term process with a combined structure of workshops and coaching. Improving competence with regards to the preparation of coordinated plans for competence development based on firm understanding of the petroleum sector. coordinated plans for competence development in the institutions based on a firm understanding of the petroleum sector. TPDC: Basic training to improve understanding of key aspects of the petroleum value chain and the key decision gates for newly recruited staff. Competence strengthening for development of licensing strategy is required in particular with regards to the selection of areas for the licensing round. The process should be a combination of workshops and coaching. Enhancing skills related to the negotiation process is necessary both related to the preparation of the process, the evaluation of the application and negotiation process itself including organizing the required support to a negotiation team. The competence strengthening should preferably be conducted as a coached process linked to an ongoing licensing process. The process of resource assessment needs improvement. This includes the basic technical skills of seismic interpretation and moving the process through geological analysis and 7 TNA –Tanzania Upstream Petroleum Sector prospect assessment ending up in a resource account for Tanzania’s petroleum provinces conducted as a combination of workshops and on-the-job training. Skills related to the monitoring function need improvement as well as for the assessment of PDOs preferably developed in cooperation with an institutional partner. Data management needs improvement. This includes enhancing skills necessary to develop appropriate policies and guidelines on management of data. Leadership training is critical both on an individual basis as well as for developing effective and efficient management processes. This is a broad area requiring a long-term perspective and a set of different competence building measures. OSHA: Additional short-term training in basic petroleum operations with a focus on the HSE perspective in the different phases of the petroleum value chain. The training should cover the whole petroleum group in OSHA. Further training on key HSE aspects of petroleum technology and operations, preferably as secondment to an oil company or drilling contractor. Practical training in system auditing to be supervised by a competent consultant or institutional partner. Training and mentoring on issues of incidents and accidents with a focus on incident reporting and the investigation of incidents and accidents. The training should be closely linked to establishment of a HSE database. Competence development on drafting regulations through participation in the legal team under the cooperation agreement. NEMC: Additional basic petroleum training with a focus on understanding the environmental perspective of the different phases of the petroleum value chain. Basic training in waste management issues in the petroleum sector and the use of chemicals. Practical training in system auditing of petroleum sector companies to be conducted on-thejob with proper coaching by a competent consultant or institutional partner. Conduct exercises with SUMATRA and other key stakeholders in oil spill preparedness and response. MLHWE (Directorate of Energy and Minerals): Priority on competence development for preparation of petroleum policy and framework as well as resource assessment. In the short term horizon, competence should be strengthened in the development of policy instrument to implement the objectives of the Energy Policy in upstream. This aspect can take a form of advisory services working with the Directorate to develop the relevant draft law and the requisite regulations. 8 TNA –Tanzania Upstream Petroleum Sector Medium term priority on the development of competence in licensing and negotiation process. Competence building primarily through secondment and coached processes. Organisational issues - challenges and recommendations In the course of the TNA, observations on organizational aspects of the petroleum upstream subsector were noted and key recommendations were made as a basis for a possible future project to address the organizational issues in more depth. Tanzania is facing major challenges in the process of converting the substantial offshore gas discoveries to sustainable values for the people as a whole. This implies major requirements to the Government, both with regards to their competence as well as the way they are organized to conduct a prudent resource management. Some of the challenges noted in TNA are: No clear division between commercial and regulatory function. Unclear division of responsibility on key regulatory functions between MEM and TPDC. A weak communication between the two institutions. Inadequate communication and interaction between the Petroleum and Gas Sections in MEM. Unclear responsibility and lack of communication on HSE issues between TPDC and OSHA. Inadequate interaction between NEMC, TPDC and MEM on environmental issues. A general weak competence base with regards to the authority functions and the petroleum sector. Too narrow educational background for MEM Petroleum Section staff. A substantial experience gap both in MEM and TPDC. The ministry in charge of petroleum in Zanzibar has a too wide mandate. Some key recommendations to be considered as input to an organizational review are: TPDC and MEM should be scrutinized with the perspective of how policy, regulative and commercial functions of the state should be addressed. The process on defining an independent regulator for the sector should proceed and concluded as soon as possible. The reorganization of MEM should be considered and the possibility of establishing a petroleum department with a separate commissioner assessed. The interface between the upstream and downstream petroleum sector should be strengthened to secure that all aspects of the petroleum value chain are accounted for and coordinated. 9 TNA –Tanzania Upstream Petroleum Sector The structure and mandate of the Petroleum Section to be reviewed including bringing key policy and strategy issues back to the ministry. The responsibilities and interaction between OSHA and TPDC to be reviewed; the feasibility of a separate petroleum authority responsible for health and safety maters to be evaluated. The need on the part of TPDC to have a dedicated section under the Directorate of Upstream to deal with data management. Given that responsibility for environmental issues should remain in TPDC, the Environmental Unit should be located in a position where it can render its services to all the functional directorates. To strengthen the gender perspective in the Government, it is recommended that all institutions should appoint a desk officer to assist on the development, coordination and implementation of the gender policy. The responsibilities and interaction between NEMC, TPDC and MEM to be assessed and clarified. A separate organizational unit with environmental responsibility for the petroleum sector to be evaluated. The structure of MLHWE on Zanzibar to be reviewed and the feasibility of giving the DoEM status as a ministry to be looked into. 10 TNA –Tanzania Upstream Petroleum Sector 2. Introduction to the TNA study 2.1 Objective and scope of work (SOW) The objective of the Training Needs Assessment (TNA) is to establish a competence baseline and identify the training needs for the Tanzanian Government authorities in order for them to fulfil their roles and functional responsibilities for the upstream petroleum sub-sector (see ToR; appendix 1). The result from the TNA will provide a basis for prioritization of activities in the petroleum sector cooperation program between Tanzania and Norway. The results will also serve as a baseline regarding other training activities carried out by the institutions themselves or in cooperation with other partners. The petroleum authorities in Tanzania will in the near future undergo major changes as a result of the increasing level of activity in the petroleum sector and the proposed changes in the institutional framework reflected in the draft Petroleum Policy. The TNA will make observations about these issues and provide input to a potential upcoming organisational review. To achieve the objectives the following SOW is outlined: Review the mandates of and the interfaces between the following institutions: MEM, TPDC, NEMC, OSHA and MLHWE. Conduct a TNA and identify the short and medium-term training needs within the government authorities working with the upstream petroleum sub-sector. Recommend prioritized remedial actions in order for the respective institutions to deliver on their mandates in short and medium-term. Propose Scope of Work for an organisational review regarding the government authorities working with the upstream petroleum sub-sector based on information collected from the TNA. 2.2 The methodology, definitions and limitations The methodology applied for the TNA project has included the following main steps: Inception: The project inception included the preparation of a detailed project plan, the scope of the project and main schedule. This outline was discussed and agreed with the key stakeholders. The necessary documents and information was defined and requested. The access to recent studies and analysis was required to capitalize on these efforts and avoid duplication of work. 11 TNA –Tanzania Upstream Petroleum Sector Desk-top study: The desk-top study included the review of available documentation describing the Tanzanian upstream petroleum sub-sector, regulatory regime and organisational units. Further, the preparation of the detailed plan and programme for the mission was made and process tools and questionnaires prepared. Mission: The main purpose of the mission was be to establish a good understanding and baseline of the short and medium-term training needs of the organisations involved. This would provide a basis for prioritization of Norwegian support in capacity building in the respective institutions. The TNA was conducted through meetings and structured interviews with core staff from the upstream petroleum sub-sector in Tanzania including external stakeholders. Human Resource (HR) data and staff competence assessment was collected. Evaluation and Reporting: The competence requirements for each institution were defined based on their mandates and functional responsibilities. The results from the competence surveys were compared with the information provided in the interviews with management and staff. It is typically observed discrepancies between these two information sources. Commonly competence gaps are more explicitly expressed in the interviews. It is a tendency that the more inexperienced staff overrates their own competence level. These uncertainties should be taken into account when the potential competence gaps are defined and measures to close the gaps proposed. Fig. 1 TNA work flow Limitations The TNA project has its focus on the upstream petroleum sub-sector. While the project has not carried out any discussions on the utilization, marketing and distribution of oil and gas, the team has not found it appropriate to introduce any strict definition of the term upstream. The team has not made any analyses of the Gas Utilization Section, but the interaction between this unit and the Petroleum Section is identified. OSHA and NEMC are not organised in a way which makes it feasible to distinguish their involvement in the various phases of the petroleum value chain. The TNA is further restricted to the resource management, environmental management and safety management of the upstream sub-sector. Hence, the revenue management is not included in the scope of work. At this stage in the development the revenues related to the sector are limited. However, the existing and future interfaces with the financial institutions have been discussed in meetings conducted. 12 TNA –Tanzania Upstream Petroleum Sector Gender mainstreaming was introduced to the TNA SOW late in the project. This has only been discussed briefly in the meetings with a focus on identifying the policies in place and the actual gender balance situation in the institutions. 2.3 The TNA – organization and execution The TNA team consist of the following persons: Geir Egil Eie Nils Henrik Fuglestad Ole F. Ekern Prosper A. M. Victus Petrad Petrad Bridge Consult as Independent Cons. Project Manager TNA Team Member TNA Team Member TNA Team Member The TNA is performed on behalf of NPD as a part of the institutional cooperation agreement for the petroleum sector between Tanzania and Norway. To facilitate the implementation of the programme a number of thematic groups have been established. The thematic group with a responsibility for HR under the leadership of TPDC, was mandated to provide the required support to the project team. Unfortunately, the TNA team experienced a lack of coordination and unwillingness from TPDC to cooperate on this project as one of the major challenges. This has resulted in significant delays and increased costs for the project. 2.4 Other donor initiatives of relevance to the TNA The World Bank has approved a major project for capacity building in the energy sector. The project has a budget of US$ 35 million of which US$ 21.5 million is a World Bank credit and the remaining is a grant from the Canadian International Development Agency (CIDA). The project has a broad scope with a general objective of strengthening the capacity of the Government to develop (i) its natural gas sub-sector and (ii) Public-Private Partnerships (PPPs) for the power generation sector. Hence, the upstream petroleum sub-sector only constitutes a limited part of what the project aims to address. The most relevant activities included in the scope of the project for this TNA are: MEM: Support on human capacity building activities to ensure that MEM and related ministries staff are better equipped to execute their responsibilities to manage and set policy frameworks for participatory economic, environmental and social sustainability (including gender dimensions) of the gas subsector. Budget: US$ 1.4 million NEMC: Advisory Services and Training for staff to strengthen their capability of providing effective and efficient oversight of the oil and gas sub-sector in accordance with sector-specific environmental regulations and in line with international best practice. 13 TNA –Tanzania Upstream Petroleum Sector Develop procedures, standards and processes related to Hazardous Waste Management and Gas Flaring. Support the development of an Oil Spill Contingency Plan and an Early Warning/Response system. Budget: US$ 1.0 million OSHA Development and execution of a staff training programme that makes them knowledgeable on international best practices related to health and safety in the oil and gas sectors and skilled in supervision, auditing and monitoring of health and safety regulations. Budget: US$ 0.4 million Although the project description at this stage is rather vague, the general outline for capacity development in MEM, NEMC and OSHA is well in-line with the recommendations presented in this TNA, and some of the major gaps identified may be closed through the World Bank project. It is highly recommended to further explore possible synergies between the Norwegian support and the World Bank initiative. 14 TNA –Tanzania Upstream Petroleum Sector 3. The Petroleum Sector of Tanzania The following chapter provides an overview of the petroleum upstream sub-sector covering the historical perspective, present setup, potential near future responsibilities and important decision gates. 3.1 The History of Petroleum Exploration and Production in Tanzania Exploration for oil and gas in Tanzania goes back more than 60 years. Most of the major international petroleum companies have been represented in the area at one time or another. Significant gas discoveries have been made at Songo Songo, Mnazi Bay and in the southern deep offshore area. Since 1952, 76 exploration, appraisal and development wells have been drilled providing vital geological information of the subsurface and potential for hydrocarbons (Fig. 2). The cumulative seismic coverage is approximately 100,000 km of 2D; 70,000 km offshore and 30,000 km onshore. More than 16,000 km2 of 3D seismic data has been acquired in the offshore areas. Fig. 2 Exploration and appraisal wells drilled in Tanzania The exploration history of Tanzania can be summarized into five phases as follows: Phase I: 1952-1964 BP and Shell were awarded concessions along the coast, including the large islands of Mafia, Zanzibar and Pemba. Extensive geological work was conducted including the drilling of more than 100 stratigraphic shallow boreholes as well as acquisition of gravimetric, aeromagnetic and reflection and refraction seismic surveys. A thick sedimentary section was identified and four wildcats were drilled, one each on Zanzibar, Pemba and Mafia Islands and another onshore in the Mandawa Salt Basin. Although the wells did not encounter significant hydrocarbon shows, they confirmed the presence of seal, reservoir and source rocks combinations in the stratigraphic column. During this period the 15 TNA –Tanzania Upstream Petroleum Sector upstream activities were being regulated by the Mining Ordinance of 1954 administered by the Government through the Mineral Department. Phase II: 1969-79 The national oil company, Tanzania Petroleum Development Corporation (TPDC), was established in 1969 and started its operation in 1973. The first Production Sharing Agreement (PSA) was signed with AGIP on former BP/Shell concessions. During this period large regional seismic surveys were conducted both onshore and offshore. AGIP was joined by Amoco in 1973 and drilled three onshore and two offshore wells. This resulted in the significant gas discovery at Songo Songo in 1974. The discovery was confirmed by TPDC in 1975-79 through a three well drilling programme, one of which (SS-2) was a blow-out. Upstream operations during this period were still being regulated by the Mining Ordinance of 1954. Phase III: 1980-1991 Adoption of the Petroleum (Exploration and Production) Act of 1980 and high oil prices in the world market encouraged increased exploration activities. This was an active drilling period in Tanzania, including the delineation of the Songo Songo gas field and the gas discovery at Mnazi Bay (1982) by AGIP. TPDC participated in the Songo Songo development which included drilling of 5 development wells. TPDC also participated in the drilling of two wildcats at Kimbiji and several seismic programmes. Increased interest in the interior rifts resulted in AMOCO drilling two shallow wells in the Rukwa rift basin in 1987. Shell drilled Dira-1 in Mafia channel in 1991. The well was not successful and the license was relinquished the same year. In 1985 the Energy Department under the Ministry of Water, Energy and Minerals was established. The primary focus of the Energy Department at that time was to administer the Petroleum (Exploration and Production) Act 1980, the Electricity Ordinance Cap 131 of 1931 and monitor compliance of the Law and the Production Sharing Agreements signed between the Government, TPDC and oil companies. Phase IV: 1992-1999 The first National Energy Policy was prepared in 1992 to provide guidance on the development of the energy sector including upstream petroleum. At the start of this period there were no active licensing and little activity except for various studies and a dedicated effort by the authorities to achieve fiscal and technical agreements for the development of the Songo Songo gas field. TPDC, TANESCO and the Canadian companies Ocelot and Trans-Canada Pipelines were actively working on the Songo Songo gas field development, transportation and utilization of the gas. Beginning in 1995 a number of international companies acquired exploration rights in the coastal basins. Tanganyika Oil Company drilled two wells in the Mandawa Basin in 1996-97. Exploration agreements were also signed with the Canadian companies Antrim and Canop, and Ndovu Resources of Australia. Discussion also took place with Pemba International of Canada for a PSA over 16 TNA –Tanzania Upstream Petroleum Sector Kimbiji/Ruvu areas. Agreements to develop the Mnazi Bay gas discovery and to build a power generation plant were also being negotiated. During this phase the Energy Department was restructured and four sections were established. These sections were: (i) (ii) (iii) (iv) Petroleum Section Electricity Section New and Renewable Energy Section Energy Development Section The tasks assigned to the Petroleum Section included the development of policies and policy instruments for the petroleum sector including the upstream and downstream segments. Phase V: 2000 - Today The phase commenced by the acquisition of almost 11,000 km 2D seismic data by TPDC and WesternGeco covering parts of the deep offshore. The Government subsequently started to carry out licensing rounds for open acreages. The interpretation of the new data led for the first time to the licensing of blocks in deep waters. During the first licensing round that took place in 2000, one block was awarded to Petrobras (Block 5; PSA signed in 2004). The second licensing round took place in 2001 and Blocks 9, 10, 11 and 12 offshore Zanzibar were awarded to Shell, but PSAs could not be concluded. The third licensing round was carried in 2004 where one block was awarded to Ophir Energy (Block 1; PSA signed in 2005) followed by grant of exploration rights of Blocks 3 and 4 to the same company (PSAs signed in 2006). Petrobras was awarded Block 6 and PSA signed in 2006, and Statoil was awarded Block 2 and the PSA was signed in 2007. After the third licensing round, Blocks 7 and 8 were the only remaining blocks in the deep waters and TPDC with a permission from the Government, invited offers from the industry and awarded Block 7 to Dominion Petroleum (PSA was signed in 2008). Block 8 was awarded to Petrobras and the PSA was signed in 2012. Following the licensing of the blocks in the deep water, a large amount of seismic data including 70,000 km of 2D and 15,000 km2 of 3D was acquired. This was followed by drilling of exploration wells by BG (Blocks 1, 3 and 4), Statoil (Block 2) and Petrobras (Block 5), making significant gas discoveries in Blocks 1, 2, 3 and 4. Further exploration including appraisal drilling, is envisaged for the years 2014-15. The operators of Blocks 1,2, 3 and 4 have started preparations for possible joint development of LNG allowing the gas to be exported. In this phase, a number of changes happened in the Energy Department including the formation of a new section (Gas Utilization Section) which was carried out by splitting the Petroleum Section into two. The Gas Utilization Section started its operation in 2012 and has a work force of 11 professional staffs. 17 TNA –Tanzania Upstream Petroleum Sector 3.2 The Present and near future Situation of the Petroleum Upstream There are now 18 petroleum companies operating in Tanzania, 22 active exploration licenses and 2 development licenses (Fig. 4). Most of the exploration activities are centered in the deep-water where substantial reserves of gas have been discovered. A number of companies are also exploring the onshore basins. Tanzania has been a gas producing nation for almost a decade. The production however, has been modest serving domestic electricity production and industrial projects mainly from the Songo Songo field. The last few years has introduced a new perspective for Tanzania as a future gas nation. Significant deep-water discoveries have increased the resource base which now exceeds 46 TCF of natural gas. 5 0.5 13.1 2.5 BG - Block 1 Statoil - Block 2 BG - Block 3 4.5 BG - Block 4 Songo Songo 2 Mnazi Bay Other 18.9 Fig. 3 Tanzania natural gas resources (TCF) The challenge for Tanzania in the near future is to establish the necessary framework allowing these resources to be transferred to become reserves and eventually converted to revenues to benefit the nation as a whole. There are still important clarifications that have to be made with regards to the conditions for the onshore facilities and the ownership and operations of the midstream and downstream areas. Until these clarifications are made, the international oil companies will not be able to take the necessary decisions required for the large-scale gas development to proceed. At the same time the Government has also initiated a new licensing round. The 4th licensing round will have its deadline mid-May 2014 and includes 7 deep-water license areas plus one area in Lake Tanganyika. It is considered likely that new awards will be made and possibly additional gas being discovered within few years. This will provide additional value to the country and potentially prolonging the horizon as a petroleum nation. Additional gas however, is not needed for a decision that can move Tanzania to become a true gas nation, the lack of commercial and appropriate legal framework on the other hand is a potential show-stopper. 18 TNA –Tanzania Upstream Petroleum Sector Fig. 4 Tanzania license map 19 TNA –Tanzania Upstream Petroleum Sector 3.3 The key Decision Gates As part of monetizing the gas discoveries that have been made recently, the sponsors for Blocks 1,2, 3 and 4 are contemplating to invest in LNG to export gas to the major markets in the Far East and elsewhere. To do that the sponsors, the Government and TPDC have to work together to meet the key milestones which are necessary for the proposed investment to be achieved. There is a set of major Decision Gates that have to be passed for the development of the project to proceed (Fig. 5). The immediate Decision Gate relate to Land Acquisition (LA) which is now substantially behind schedule. This will be followed by the Host Government Agreements (HGA) which is required to be accomplished this year if the planned commercial operations date of 2021 is to be achieved. Finalization of the HGA will pave the way to the determination of the size of the LNG trains which will need to be done by the end of 2014. This Decision Gate will lead to the initiation of Front End Engineering Design (FEED) after which the sponsors will make their Final Investment Decision (FID) and apply for Development License. Fig. 5 Proposed Key Decision Gates in the Development of LNG in Tanzania The decisions described above have to be made within the framework of an international gas market that is dramatically changing. The substantial discoveries of shale gas in particular in the US and major investments undertaken by Russia to supply gas to the far east, have fundamentally changed the game. In East Africa, Mozambique is emerging as a major challenger to Tanzania for the same future gas markets in Asia. In this perspective the urgency for Tanzania of making necessary decisions and to build appropriate competence to manage the resources cannot be stressed strongly enough. 20 TNA –Tanzania Upstream Petroleum Sector 4. Assessments of Governmental Institutions 4.1 The Petroleum Section in MEM 4.1.1 Mandate, Organization and Operations The Petroleum Section is one of the five sections under the Energy Department of the Ministry of Energy and Minerals (MEM). The others are the Electricity Section, New and Renewable Energy Section, Energy Development Section and the Gas Utilization Section (Fig. 6). The Gas Utilization Section was established in 2012 after recognizing the need to focus on natural gas as an alternative fuel following substantial discoveries of gas in deep waters and onshore. The Petroleum Section was therefore split into two and the staff was reduced to less than half of the original number. Proposed or already an Executive Agency Fig. 6 Current Organizational Structure of MEM; approved by the President on 03.06.11 21 TNA –Tanzania Upstream Petroleum Sector The mandate of the Petroleum Section as it relates to the petroleum upstream includes the following: i. to develop, monitor, evaluate implementation and review of policies and policy instruments for proper regulation and monitoring of the petroleum upstream activities; ii. to develop, prepare, monitor and evaluate implementation of guidelines for exploration and exploitation of oil and gas to foreign and local investors, oil exploration companies, and overseeing oil and gas exploration activities in the country; iii. to develop and implement mechanisms for promoting the development and proper functioning of appropriate institutions in the sub-sectors in order to provide for efficient delivery of petroleum in the country; iv. to develop plans and programmes for the development of the sub-sectors in order to ensure efficient, cost effective, reliable and quality services; v. to carry out or cause to be carried out research on petroleum and gas and provide advice on appropriate technologies and methods necessary for proper functioning of the petroleum industry; vi. to coordinate upstream and downstream activities at national and regional levels with the view of improving the energy resource base and reliable supply of petroleum products and natural gas; and vii. to raise public awareness on petroleum activities and develop strategies to promote international cooperation. These functional responsibilities are formulated rather vaguely and it is difficult to read out what are the more precise tasks with regards to the main phases of the petroleum value chain and the main decision gates. Hence, the role of the Petroleum Section when it comes to licensing strategy and the licensing process is not clear. Neither its functions with regards to field development and production are expressed. Both the borderline towards TPDC as well as the Gas Utilization Section in the Ministry would benefit from further clarifications. In undertaking the above tasks the Petroleum Section is assisted by a number of units in the Ministry including the Environmental Management Unit which operates as an extension of the National Environmental Management Council (NEMC) and the Directorate of Legal Services which provides legal services to the whole Ministry. The petroleum upstream sub-sector is regulated by the Petroleum (Exploration and Production) Act 1980 and the Production Sharing Agreement (PSA) which is a tripartite agreement between the Government, TPDC and the oil company. There is now a need to revise the Petroleum (Exploration and Production) Act for this framework to reflect the changes in technology, market and principles for HSE and environmental protection. The Model Production Sharing Agreement (MPSA) has been evolving from the initial version of 1989 to the current one which is the fourth MPSA and was issued in 2013. TPDC remains the license holder for the exploration and development rights while the oil companies are the contractors to TPDC under the PSA. The Act also provide for TPDC to conduct negotiations with the companies on behalf 22 TNA –Tanzania Upstream Petroleum Sector of the Minister. The present arrangement also mandates TPDC to carry out a number of tasks on behalf of the Ministry which is the regulator for upstream activities. These include: i. preparations of licensing rounds; ii. management of petroleum exploration and production data; iii. negotiation with exploration companies; iv. petroleum resource assessment; and v. monitoring of exploration activities. 4.1.2 Baseline The Petroleum Section of the Ministry of Energy and Minerals has 9 staff members. Held up against the mandate outlined above the section appears to be seriously under-staffed. As a consequence TPDC apparently takes over tasks beyond the mandate they are given. The limited manpower also results in difficulties in coordination with the Gas Utilization Section. The functional responsibilities of the Petroleum Section reflect a broad set of policy related tasks and an engagement along the whole petroleum value chain. To be able to meet these obligations the Petroleum Section should have access to a wide range of professions including geoscience, engineering, finance, legal and economics. Today the Petroleum Section mainly consists of staff with an educational background in petroleum geology. The educational level is high and most of the staff has a master degree. However, while petroleum geology and geoscience is a key profession for resource management it will be a too narrow basis for the variety of policy issues the Ministry has to handle. The building of a multi-professional team will be a key challenge for the future development of the Petroleum Section. Another challenge for the Petroleum Section is the distribution of experience of the staff. This distribution is today very uneven, reflecting a major gap for experience level between 10 and 25 years. This represents a serious situation for the section which will be exacerbated when senior staff within few years will retire. Fig. 7 Experience distribution in the Petroleum Section 23 TNA –Tanzania Upstream Petroleum Sector With regards to competence development to meet future challenges, structured measures have already been taken. The most important contributions to define the needs for the development of skills and competencies in the petroleum sector are: i. Mapping and analysis of the needs for petroleum related education in Tanzania. This study was financed by Norad (Norwegian Agency for Development Cooperation) and finalized in November 2013. ii. Human Capital Development Programme in Oil and Natural Gas Sub-Sector. This was an internal assessment carried out by the Ministry to establish the training needs for the Petroleum Sector that included the requirement for the oil and gas industry, MEM, TPDC and other stakeholders. The document was finalized in March 2013. iii. MEM, National Oil and Gas Training Needs, May 2013. iv. Plan for on the job training to be financed by Statoil. v. Annual Training Programme prepared by the Ministry to cater for the training needs for all the staff. While the last annual training programme mentioned above has been implemented, the recommendations presented in the other documents are yet to be realised. A discussion with senior officials of the Ministry suggests that while the Ministry is keen to start implementation of the proposed human resource development schemes, there are a number of challenges which are likely to interfere along the way. These include: i. Lack of adequate financial resources to implement the scheme; ii. Possible delays due to bureaucratic procedures; iii. Implementation not keeping pace with the rapid development in exploration and development taking place in the country; and iv. Competition with developments taking place in Mozambique and the rest of East Africa might mean some skilled and experienced manpower leaving in search of greener pastures outside the country and hence jeopardizing the plan. 4.1.3 Strategic challenges and urgent capacity needs With the new petroleum policy as a reference, it is anticipated that the Petroleum Section of the Ministry will need to start to review the Petroleum (Exploration and Production) Act of 1980 to be in line with the new policy principles and consistent with the new Constitution for the United Republic of Tanzania which is under development. In addition, the Petroleum Section will have to develop the appropriate regulations under the upstream law as may be necessary for efficient governance of the upstream operations. The Petroleum Section will also need to review and advice on the appropriate institutional framework that will be necessary to meet the objectives of the Law and the proposed new Constitution. As the operators of Block 1, 2, 3 and 4 gear themselves towards development of LNG 24 TNA –Tanzania Upstream Petroleum Sector to commercialize the natural gas that has been discovered, the Petroleum Section together with the Gas Utilization Section of the Ministry and in cooperation with TPDC, will need to spearhead negotiations of various agreements, facilitate the sponsors to develop the project as well as monitor its implementation. In order to undertake the above mentioned functions, the section will need to have the adequate capacity in terms of relevant manpower, financial resources as well as the requisite competences. Required competence 0-5 Actual competence 0-5 Petroleum policy development Laws and regulations Model agreement Licensing strategy Area selection Guidelines for application Seismic Interpretation Geological Analysis Play analysis Prospect analysis Resource inventory Production forecasting Full cycle economic analysis Prepare promotional material Establish physical data room Contract virtual data room Evaluate license applications Conduct negotiations Technical support for negotiators Economical evaluation support G & G survey monitoring Drilling approval and monitoring Production monitoring Decommissioning monitoring 4 3 4 4 4 3 2 2 2 3 4 4 4 3 2 2 4 4 3,1 2,6 3,1 2,2 2,2 2,6 2,9 3,2 2,7 2,6 2,4 2,9 2,4 2,1 1,7 1,6 2,6 2,4 3 2,8 3 2,3 4 2,9 4 2,7 3 2 2,0 1,6 Development planning PDO evaluation 4 1,7 Data management systems Storage media, data storage and transfer Office software use 3 1,6 Data management and ICT 2 1,6 4 2,6 Activity Petroleum policy and framework Resource Assessment Promotion Negotiation and contracting Monitoring of operations Tasks Fig. 8 MEM – Petroleum Section; competencies and gaps Many of the tasks which are normally associated with the role of a regulator are delegated to TPDC. This includes the licensing and negotiation process, the monitoring of the licenses and the resource 25 TNA –Tanzania Upstream Petroleum Sector assessment. Still, it is important that the Ministry has a high competence on these issues to provide firm guidance to TPDC. The required competence which is suggested for MEM reflects these overall responsibilities and the gaps are defined accordingly (Fig. 8). The competence areas related to licensing process stands out as major gaps in the Petroleum Section. Hence, both the skills related to resource inventory appears to be weak as well as bringing this information forward into selection of potential areas for exploration and the formulation of a licensing strategy. Also the evaluation of license applications and conducting negotiations are areas where competence should be strengthened. The staff members commonly describe their main task as monitoring the activity. Still, the level of competence in the tasks included within this functional responsibility is only moderate and should be improved further. The competence with regards to the evaluation of PDOs is also considered to be low. It is important to strengthen this area in the perspective of the potential development of the gas resources. The competence level within data management and ICT use is also low and large gaps are identified. The responsibility for data management is presently vested in TPDC and is not a prioritized area for training in the Petroleum Section. The skill in office software however, is a prerequisite for effective utilization of workforce and necessary training is important. The main measures to close the identified competence gaps include: Competence strengthening for development of licensing strategy is required; this should be organized as a coached process moving through the various stages of preparing resource inventory and area selection in a commercial and technical perspective leading up to a licensing strategy. The competence related to negotiation and contracting should be improved. This relates in particular to the evaluation of license applications and conducting negotiations. Improving negotiation skills has mainly to do with preparation and organization rather than specific behavior in a negotiation process. This training is of immediate importance and should be conducted as a coached process preferably linked to a current license round negotiation. Strengthening of the monitoring skills is required; for the short-term with a focus on monitoring and conducting the authority role in respect of the data acquisition and drilling activities in the exploration phase. The routines and required framework should preferably be reviewed in an on-the-job or mentoring arrangement with a governmental institution. This may be included in the institutional cooperation program with Norway. Strengthening competence linked to the field development decision gate is required in light of the upcoming development of gas resources. The activities may be a combination of short-term training to give a required technical insight and principles for a PDO approval process. However, the main competence building should take place through a coached process working on an actual field development plan submitted to the authorities for approval. 26 TNA –Tanzania Upstream Petroleum Sector Short term courses in various tools and procedures for effective and efficient use of office software. Competence strengthening on the development of appropriate regulations under the Upstream Law to ensure efficient and effective regulation of the petroleum upstream. Short term course in procedures for the preparations of White Papers (Cabinet Papers) for Government approvals. These courses can be provided by the Cabinet Secretariat of the President’s Office. Leadership training with a broad scope including efficient organisation, improving decision processes, delegation of responsibility and work tasks, improving information flow, clarifying roles and responsibilities, improving utilization of existing resources and delivery on time with high quality. 4.2 TPDC-Tanzania Petroleum Development Corporation 4.2.1 Mandate, Organization and Operations The Tanzania Petroleum Development Corporation (TPDC) is a state corporation through which the Ministry of Energy and Minerals implements its petroleum exploration and development policies. TPDC was established under the Public Corporations Act No.17 through the Government Notice No.140 of 30th May, 1969. The Corporation began operations in 1973. TPDC has a staff of about 200 and as of April, 2014 it was organized into three directorates: Directorate of Exploration, Production and Technical Services, Directorate of Finance and Administration and the Directorate of Marketing and Investment (Fig. 9). Fig. 9 TPDC organogram 27 TNA –Tanzania Upstream Petroleum Sector As a result of the increased activities in both the upstream and downstream segments, TPDC’s organization had to be changed considerably to keep pace with these developments. This restructuring exercise was completed in May, 2014. TPDC now will have five directorates which include Directorate of Upstream, Directorate of Downstream, Directorate of Corporate Strategic Planning, Directorate of Finance and the Directorate of Corporate Management. In addition, there will be a Directorate of Legal Services and a Directorate of Internal Audit that will provide services to the rest of the corporation (Fig. 10). Considering that revenues from the production operations in the Songo Songo and the Mnazi Bay development license are channeled directly to the Ministry of Finance leaving TPDC to depend partly on subventions from the Government budget, the new organization structure is overly ambitious to implement and maintain under the present arrangement. The organogram is more a vision for the future than a structure reflecting the present operations and functional responsibilities. There are also question marks as to the location of the HSE responsibility in the present structure. Further, it would have been an advantage to prepare the structure in a way that could facilitate the future establishment of an independent regulator. BOARD OF DIRECTORS Legal Committee Strategy, Nomination and Remuneration Committee Audit & Risk Committee Managing Director Manager Procurement Management Risk Management Manager Director Corporate Legal Services Director Internal Audit Communication Manager Director Upstream Operations Director Finance Corporate Strategy Manager Director Corporate Strategy and Planning It Production International Operations Upstream Operations TPDC Deep Sea Blk 1B JV Ltd TPDC Deep Sea Blk 1C JV Ltd TPDC E& P International Co. Ltd Natural Gas Processing Company Director Downstream Operations Planning Manager Investment Manager Gas Business Exploration Directorate Corporate Management Oil Business Natural Gas Transportation Company Tanzania Oil Marketing Company Oil Refinery Company Natural Gas Aggregator & Distribution Company mpany Natural Gas & Petrol Chemical International Trading & LNG Company Oil Pipeline Transportation Company Natural Gas Industrial Park Company National Petroleum Strategic Reserve Company Oil Trading Company Industry Company Ltd Fig. 10 New TPDC Organogram 28 TNA –Tanzania Upstream Petroleum Sector Despite the major changes as presented by the new organization structure, the objectives of the corporation remain the same as laid down in the TPDC Establishment Order. These objectives are: to explore and produce petroleum; to carry out standard activities of an oil company including, distribution and storage facilities; to hold exploration and production rights; to contract, hold equity or participate in oil concessions, franchises and licenses; to manage companies or other legal entities transferred to the corporation; and to develop an adequate industrial base for the oil and gas. TPDC holds shares in the Songo Songo Gas-to-Electricity and Mnazi Bay gas development projects. Following the Government's resolve not to involve itself in business activities, the shareholding in the TIPER terminal and the oil companies of PUMA and TAZAMA have been transferred to the Ministry of Finance. TPDC is the custodian of the geological information and data related to upstream petroleum on behalf of the Ministry of Energy and Minerals. Under the Petroleum (Exploration and Production) Act 1980, TPDC has been mandated the task of carrying out negotiations with oil companies on behalf of the Minister responsible for petroleum. In addition, TPDC has a responsibility of assessing petroleum resources and advising the Government on the status of the resources available in order to ensure efficient development, management and use. TPDC also carries out preparations for licensing of open acreages on behalf of the Ministry of Energy and Minerals as well as advising the Ministry on various petroleum sector issues. 4.2.2 Baseline The general increase in petroleum operations in Tanzania and the specific focus on the potential commercialization of projects for natural gas which is likely to include LNG, is putting substantial pressure on the limited professional staff available in TPDC to carry out its mandate effectively. This lack of overall capacity in TPDC is a result of a number of factors including: i. retrenchment carried out in 2000 that included highly trained staff in the Directorate of Exploration, Production and Technical Services as a result of a Government directive to streamline operations; ii. inability of TPDC to recruit personnel to fill the gaps in the years that followed retrenchment of staff due in part to lack of financial resources and cumbersome recruitment procedures where the corporation was required to obtain permission from the Ministry of Finance as well as from the Ministry responsible for Civil Service; iii. retirement of skilled and experienced manpower at a time when there was no proper succession; and iv. leakage of skilled and experienced staff to international oil and gas companies. The legacy of this historical development is clearly reflected in the experience profile the organization has today which also serves as a testimony to great challenges the organization is facing. TPDC has a small core group of highly experience individuals who carry a lion’s share of the 29 TNA –Tanzania Upstream Petroleum Sector present capacity of the organization. This group however, is rapidly approaching the age of retirement (Fig. 11 – Group I). Behind this group the organization has a large void in experience. TPDC is presently conducting a major recruitment campaign. The major share of these new staff members however, does not have the competences required to independently perform the functional responsibilities (Fig. 11 – Group II). Hence, we consider it vital to TPDC also to focus on identifying and employ experienced individuals for the organization (Fig. 11 – Group III). Alternatively, TPDC should pursue to retain staff beyond the normal retirement age limit or engage long-term consultants who can act as mentors and supervisors. Although this is outside the terms of reference of this study, it has a direct bearing on the present competence gap in the company. Fig. 11 TPDC – experience of staff in the DPTS Efforts have been going on to try and mitigate the prevailing competence challenges by development and implementation of appropriate training programmes. The current training programme for 201415 has the following main strategic objectives: i. to enhance TPDC’s role in oil and gas exploration, development and production in the country; ii. to produce and deliver hydrocarbon products to the market in commercial quantities; iii. to safeguard national supply of petroleum products in Tanzania; and iv. to facilitate fair trading environment in the country. Prior to 2000, TPDC had a fairly well trained staff which was comprised of geoscientists, petroleum engineers, lawyers, economists and others. In 2000 a massive downsizing occurred where the 30 TNA –Tanzania Upstream Petroleum Sector number of staff was reduced from more than 400 employees to about 65. Despite downsizing of the corporation, TPDC still continued to carry out the delegated responsibilities from the Ministry of Energy and Minerals that were largely been performed by the Directorate of Exploration, Production and Technical Services (DEPTS) now referred to as Directorate of Upstream (DoU), the Legal Unit and the Health, Safety and Environmental Unit. The DoU is now expected to assume most of the 55 staff who were under DEPTS which include 43 geoscientists, engineers and technicians (among the total, 21 are MSc holders and, 3 PhD holders). Well qualified personnel has enabled TPDC to promote the exploration opportunities and managed to attract competent companies to explore for oil and gas in Tanzania. They have also taken an active role in monitoring petroleum operations including having staff at the well-sites. However, as operations expand the work burden on the few employees will increase, thereby reducing TPDC’s effectiveness in carrying out its mandate. NAME OF THE SECTION 1 2 3 4 5 6 7 8 9 Geophysics Petroleum Geology Petroleum Engineering Biostratigraphy Geochemistry Library and Archives Cartography Civil Engineering ICT Total NUMBER OF STAFF Male 7 10 7 8 3 1 3 3 3 45 Female 1 2 1 3 1 2 0 0 0 10 TOTAL NUMBER OF STAFF 8 12 8 11 4 3 3 3 3 55 Fig. 12 Staff in the Directorate of Exploration, Production and Technical Services now referred to as Directorate of Upstream, TPDC Due to shortage of staff, TPDC did not create the Data Management unit. The functions of the Data Management are coordinated by individuals drown from different sections in the Department of Upstream. Those sections include: Archive Unit/Library, Data Bank Section, Geophysics Section, Petroleum Geology Section, Biostratigraphy Section, and GIS section. The functions of the Data Management staff included: 1. Receiving and disseminating data and information to PSA operators, Ministries and institutions according to the regulations and company policy. 2. Coordinating to all other sections within TPDC on data usage (Geophysics, Geology, Petroleum Engineering and Biostratigraphy units). 3. As custodian of Data (as stipulated in Petroleum (Exploration and Production) Act 1980) the team is responsible for storage of data and all information related to petroleum operations in Tanzania. Through this mandate, it has invested in several means on data storage (e.g. 31 TNA –Tanzania Upstream Petroleum Sector establishment of data bank, GIS, introduced mapping and interpretation systems, establishment of data room, core storage facility etc). 4.2.3 Strategic challenges and urgent capacity needs TPDC plays an important role in the petroleum sector in Tanzania as the institution through which the Government implements its petroleum policy. TPDC also has an optional right to participate in the existing PSAs after a commercial discovery is declared and by that it has to operate as a commercial entity and a key instrument to take care of the State’s direct interests in the sector. This aspect raises a fundamental question with regards to the future roles of TPDC. The situation where TPDC both assist in regulatory and commercial positions is problematic and calls for a separation of these functions. Although not formally a regulator, TPDC today is mandated a set of key functions on behalf of the Government in the petroleum sector. This includes the licensing process, the monitoring of activities in the PSAs and management of the petroleum data. All key decision processes on the sector development will pass through TPDC and their overall capacity is critical to transforming the petroleum resources to lasting values for the society. TPDC with their presented delegated mandate will need a high level competence within the following activity areas: Resource assessment Promotion Negotiation & contracting Monitoring of operations Development planning Data management& ICT At the same time TPDC should have the necessary competence to serve the functions as an oil company. This will be even more important in the future and reflected in the new structure in the organization where TPDC reflects a more operational role in future licenses in Tanzania and potentially also internationally. The upstream authority functions in TPDC are predominantly carried out by the DEPTS or DoU, supported by other key functions as legal services. The fundamental challenge which is pointed out previously following the dual responsibility of serving functions both as an authority and a commercial company is also a frustration among staff members. In the interviews it emerged dissatisfaction with the work in the directorate which largely were administrative tasks rather than academic. As a tool to assess the competence level of DEPTS the staff has filled in competence assessment forms addressing the key authority functions delegated to TPDC. Several of staff in the organization however, will not have any role in carrying out the authority functions and will neither have any experience or education within the relevant areas. We have therefore limited the database for 32 TNA –Tanzania Upstream Petroleum Sector preparing average competence level to include the management, the geoscience staff and the petroleum engineers. The conclusion of the TNA is still that TPDC has major shortcomings on several of the activity areas. This is further demonstrated by numerous uses of foreign and local consultants in matters such as preparations for licensing rounds, negotiations with exploration companies, economic and reservoir modeling, data management and other duties. Hence, despite being in existence for more than 30 years, TPDC is still lacking the critical competences necessary to be self-sufficient in the implementation of its mandate. Required competence 0-5 Actual competence 0-5 Petroleum policy development Laws and regulations Model agreement Licensing strategy Area selection Guidelines for application Seismic Interpretation Geological Analysis Play analysis Prospect analysis Resource inventory Production forecasting Full cycle economic analysis Prepare promotional material Establish physical data room Contract virtual data room Evaluate license applications Conduct negotiations Technical support for negotiators Economical evaluation support G & G survey monitoring Drilling approval and monitoring Production monitoring Decommissioning monitoring 2 3 3 3 4 3 4 3 3 4 4 3 2 3 4 2 4 3 1,9 2,2 2,3 2,2 2,0 2,1 2,0 2,4 1,9 2,0 1,9 1,6 1,4 2,2 1,9 1,8 1,3 2,1 4 2,2 3 2,3 4 1,7 3 2,1 3 3 2,1 1,6 Development planning PDO evaluation 4 1,2 3 1,3 Data management and ICT Data management systems Storage media, data storage and transfer Office software use 3 2,5 4 2,8 Activity Petroleum policy and framework Resource Assessment Promotion Negotiation and contracting Monitoring of operations Fig. 13 Tasks TPDC – DPTS; competencies and gaps 33 TNA –Tanzania Upstream Petroleum Sector The analysis identifies major competence gaps within all activity areas, with 50% in the critical category (red colour). The assessment is based on the average level of 27 staff members which are likely to have a regulative responsibility as a part of their duties. Within this group there is also a small group of individuals with extensive experience and a good competence level. However, the results as presented in the competence table (Fig. 13) illustrate the fact that a large number of new staff that has been recruited does not have the minimum competence necessary. The low competence level however, is not only within the typical policy and regulative related functions, but also within oil company core functions as seismic interpretation and prospect analysis. In addition to the above, the inability on the part of TPDC to establish a dedicated section dealing with data management is a serious shortcoming given the strategic nature of upstream information and data as an effective tool for promotion and eventual exploration and development of oil and gas resources. Given the unstructured way of managing data at TPDC it is difficult to work out a sustainable way of strengthening capacity to meet the requirements for proper and secure data management system. The most essential competence gap however, is within management and leadership. In the course of conducting the TNA, several observations have been made that can be ascribed to weak leadership including lack of response on enquires from other governmental authorities and the industry, lack of initiatives to increase cooperation and communication with other stakeholders, lack of delegation, inefficient decision processes and insufficient utilization of human resources. We consider these shortcomings on key organisational matters and the lack of interaction between TPDC, other governmental institutions and with the industry as critical and an issue that put the development of the sector at a high risk. We recommend immediate steps to implement a coached process on strengthening the management of the corporation. We consider this as essential if TPDC should be able to deliver according to its mandate, and for the petroleum sector to be developed to the benefit of the country. Health, Safety and Environment (HSE) unit is another area where there is a serious deficiency of staff to meet its intended responsibilities. TPDC has recruited 7 new staffs to mitigate the critical shortage of manpower in this unit. Of these new staffs, three each will be posted to the new natural gas processing plants at the Songo Songo gas field and Madimba in Mtwara and the remaining one will assist the only one environmental officer working at the head office. Lack of capacity has impacted negatively on the Corporation in terms of coordination with the Ministry’s environmental unit, OSHA and NEMC. For smooth operation and administration of HSE matters, there is a clear need of strengthen coordination between TPDC with those institutions. The absence of TPDC participation in the preparation of the country’s Strategic Environmental Assessment (SEA) in oil and gas industry is also a serious anomaly one that needs to be rectified. The HSE unit at TPDC is expected to offer its services to both upstream, downstream and other projects that may be implemented by the corporation in the course of its development. While the former organization structure had placed the HSE unit under the Directorate responsible for upstream, the current organization structure does not provide any clarity as to the placing of the HSE unit. Given the nature of the activities of this unit, it should be considered whether this unit should 34 TNA –Tanzania Upstream Petroleum Sector be placed under the Managing Director’s office for it to render its services to any of the functional directorates. The main measures to close the identified competence gaps include: General competence improvement of the fundamental aspects of the petroleum value chain and the key decision gates is required for a large part of the newly recruited staff. This can be done through short term interactive training. Competence strengthening for development of licensing strategy is required in particular with regards to the selection of areas for the licensing round to support an optimal long term resource management process; the competence building could take place as workshops addressing the topic and a coached process. Enhancing skills related to the negotiation process is necessary. The present gaps are both related to the preparation of the process, the evaluation of the application and negotiation process itself including organizing the required support to a negotiation team. The approach for competence improvement should preferably be through a coached negotiation process. The process of resource assessment needs improvement. This includes the basic technical skills of seismic interpretation and moving the process through geological analysis and prospect assessment ending up in a resource account for Tanzania’s petroleum provinces. To build competence within this area is a long-term process and can typically be drawn up for a two year schedule combining workshops and training events and a supported on-the-job process. Skills related to the monitoring function need improvement. An interactive process with an institutional partner should be established to implement effective processes. Competence related to field development plans and to assess plans received by the operators is required. This will be best done by linking up with an experienced institutional partner. This area is preferably addressed working jointly on a concrete PDO. Data management needs improvement. This includes enhancing skills necessary to develop appropriate policies and guidelines on management of data. Leadership training is critical both on an individual basis as well as for developing effective and efficient management processes. This is a broad area requiring a long-term perspective and a set of different competence building measures. 4.3 OSHA – Occupation, Safety and Health Authority 4.3.1 Mandates, organization and operations OSHA is an Executive Agency established by an Act of Parliament with responsibilities to mainland Tanzania and is mandated by the Occupational Health and Safety Act of 2003. The Act makes provisions for the safety, health and welfare of persons at work in factories and other workplaces. 35 TNA –Tanzania Upstream Petroleum Sector And with "workplace'' defined in the Act as any premises or place where a person performs work in the course of his employment, the Act also pertains to the petroleum sector. The Agency is authorized to ensure compliance with relevant laws and regulations regarding safety and health in all work places. It is also the role of OSHA to review laws and to issue or approve regulations or codes of practices needed to avoid accidents and minimize hazards, as well as to develop all necessary tools for a comprehensive compliance monitoring of all working environments. These duties include regulating Work Place Risk Assessments, the enforcing of relevant standards, guidelines and legislation at work places and the keeping of registers and records of inspected sites. While the Head Office and the CEO is situated in Dar-es-Salaam, the in-field services of the organization are distributed through zonal officers located in the Coast Zone, the Northern Zone, the Southern Highland Zone, the Central Zone, the Lake Zone and the Southern Zone with its office Mtwara. The latter unit is recently established and located in the geographical region where the first repercussions of the emerging petroleum operations are expected to have an impact on the society. The OSHA inspectors represent a variety of relevant professions that includes medicine and nursing, occupational health, industrial hygiene, ergonomics and construction. OSHA has an explicit policy that the inspectors should have a professional background within the field they are assigned to ensure compliance. This is in contrast to NEMC where the staff members in general have the label ‘environmental officers’ regardless of their professional education. As explained to the TNA-team, a typical mission is performed by an inspector from one of the cited professions, or by a team of inspectors representing the different disciplines of relevance for the task at hand. The inspection will start by requesting documents and the compliance license. The company policy, which is a legal requirement, will also be reviewed. Any discrepancies will be reported, and an action plan to mitigate all shortcomings must be prepared by the company in question. When acceptable compliance is stated, the inspected company will receive from the authorities a license to operate renewed for another year. It is the responsibility of the company to request inspection to be carried out for the compliance license to be issued. Reports on inspections are filed in a hardcopy register where each company has a folder. For documentation the inspectors mostly uses PCs. These however, are not working in a network. There is neither an electronic filing system nor a central server to manage the reports. The concept of inspection itself is derived from the prerequisite that a company cannot be trusted to routinely abide with all regulations given by law. Hence, one informant emphasized that a system of internal control, as for instance developed in Norway, could not be expected to function in Tanzania, and neither could this concept be implemented under the present legal framework. 4.3.2 Baseline OSHA has today a total staff of 77 employees. The number of inspectors performing audits and monitoring amounts to 50. The total functional responsibility of the institution held up against the overall capacity suggests that OSHA is seriously under-staffed. This aspect of organizational capacity is however, beyond the scope of this assessment which is targeting potential gaps regarding obligations related to petroleum operations and not to the Agency’s capacity per se. The issue of 36 TNA –Tanzania Upstream Petroleum Sector manpower in this respect can be reduced to a question of allocating sufficient resources to undertake inspection and monitoring of the nascent expanding petroleum industry and is solely a management decision. The workforce dedicated to specialize in dealing with the petroleum industry totals 10 inspectors, including 5 senior staffs at the Head Office, 3 at the Mtwara office and 2 at the Coast Zone unit. The distribution of experience of this petroleum unit reveals an experience gap from +9 years. This situation underlines the importance of a retention policy which prevents further loss of personnel in the 5-9 years group. Fig. 14 OSHA; experience in the petroleum group As the establishment of the Mtwara office confirms, steps have already been taken to anticipate increased workload as a consequence of the expected growing petroleum industry. Also in terms of competence development to meet future challenges, structured measures have already been taken. This has been done through a rather comprehensive effort to evaluate training needs. Seven categories of training needs have been identified: 1. 2. 3. 4. Induction training for new recruits Training to meet challenges facing the Agency Training to bridge gaps in basic qualifications Continuing education – to meet competence requirements of the professional bodies represented in the Agency 5. Training of personal skills 6. Management and leadership training 7. Exit preparations for staffs retiring during the planning period For each of the listed categories a three years execution plan has been outlined. All training suggested is designed for individual follow up and the plans contain very detailed and specific recommendations. The categories 1, 3, 4, 5 and 7 have the character of a classical organizational improvement approach and should be considered for systematic execution independently of our supplementing contribution here. 37 TNA –Tanzania Upstream Petroleum Sector On the other hand, the intervention areas 2 and 6 regarding current challenges and management skills are probably within our scope and have therefore been more closely evaluated by this project. An interesting observation made with regards to the staff in OSHA is the difference between the technical inspectors and the medical staff (Fig. 15). The technical inspectors in their declaration of competence indicate a higher competence (blue colour) within the standard compliance related areas (monitoring, inspection, auditing, enforcement etc.). The medical staff on the other hand, rates themselves better with regards to policy and framework issues (red colour). Activity HSE Policy and framework HSE Governance Tasks Development of HSE policy Implementation of HSE policy Application of legal framework Drafting of relevant Laws Drafting of regulations Preparation of guidelines and standards Safety management and risk assessment Risk reduction and establishment of barriers Risk analysis and emergency prep. assessments Emergency response management HSE management systems Parameters and indicators for HSE performance Data collection and data use Working environment analysis Compliance monitoring Conducting inspections Conducting system audits Security Management Investigations of accidents and near misses Incident reporting and enforcement HSE issues related to the petroleum value chain Technical inspectors competence 0-5 2,0 2,7 2,6 1,2 1,1 1,4 2,7 2,7 2,7 2,6 2,5 2,1 3,3 3,5 3,4 3,9 2,9 2,1 3,1 2,9 1,3 Doctors competence 0-5 2,6 3,0 2,3 1,8 1,6 1,9 3,0 2,6 2,8 2,4 2,4 2,5 2,4 3,1 2,5 3,4 1,5 1,5 2,5 1,8 0,6 Fig. 15 Competence of technical inspectors and the medical team in OSHA 4.3.3 Strategic challenges and urgent capacity needs As pointed out above OSHA’s functional mandate with reference to the Occupational Health and Safety Act, applies to all sectors including petroleum. However, today OSHA as an institution and its staff has no experience with the oil and gas sector. The following areas have been identified as general gaps in the interviews with the OSHA management and staff: 1. Competence to carry out auditing of work places in oil and gas industry; 38 TNA –Tanzania Upstream Petroleum Sector 2. Need for a general understanding of the oil and gas industry; 3. General understanding of petroleum operations both onshore and offshore; and 4. Understand how the operators in the petroleum industry prepare and implement their inhouse health and safety programmes. The general lack of competence of HSE issues related to the petroleum value chain is also a clear result from the competence assessment carried out by the staff (Fig. 16). The general competence in Activity Tasks HSE Policy and framework HSE Governance Fig. 16 Development of HSE policy Implementation of HSE policy Application of legal framework Drafting of relevant Laws Drafting of regulations Preparation of guidelines and standards Safety management and risk assessment Risk reduction and establishment of barriers Risk analysis and emergency prep. assessments Emergency response management HSE management systems Parameters and indicators for HSE performance Data collection and data use Working environment analysis Compliance monitoring Conducting inspections Conducting system audits Security Management Investigations of accidents and near misses Incident reporting and enforcement HSE issues related to the petroleum value chain Required competence 0-5 3 3 3 2 3 3 3 3 3 3 3 3 3 3 4 4 4 3 4 4 3 Actual competence 0-5 2,4 3,0 2,7 1,6 1,5 1,7 2,7 2,6 2,6 2,4 2,5 2,3 2,9 3,3 3,1 3,6 2,4 1,9 2,9 2,5 1,1 OSHA competence and gaps OSHA on core functions as monitoring and inspections appears to be adequate. The same is the situation with regards to policy and applied framework, although the competence appears to be better in the medical team than among the technical inspectors. Areas where the gaps seem to be significant include the system auditing, the security management and the handling of accidents and incidents. These are key areas for the petroleum sector and should be prioritized for the future competence development. The preparation of regulations and guidelines is also a topic where a significant gap is apparent. This has not the same urgency as gaps within the governance area, but should still be on the medium term agenda for further development of competence. 39 TNA –Tanzania Upstream Petroleum Sector In addition to the competence areas sighted above OSHA needs to consider strengthening its capacity by installing appropriate computerized systems to enable the head office to carry out real online review of inspections and auditing carried out by it inspectors as well assist in its management information system. The main competence strengthening measures recommended to close the identified gaps are: Additional short-term training in basic petroleum with a focus on understanding the HSE issues related to the petroleum value chain. The training should cover the whole petroleum group in OSHA. Further training on key HSE aspects of petroleum technology and operations, preferably as secondment to an oil company or drilling contractor. Practical training in system auditing; the training should be supervised by a competent consultancy or institutional partner. Training and mentoring on issues of incidents and accidents to include incident reporting ans well as incident and accident investigation. The competence building should be closely linked to the development of a HSE database to reflect reports, accidents and near misses. Competence development on drafting regulations through participation in the legal team under the cooperation agreement. 4.4 The National Environment Management Council (NEMC) 4.4.1 Mandates, Organization and Operations The National Environment Management Council (NEMC) is a national institution responsible for the integrity of Tanzania’s environment for sustainable development. The vision of NEMC is to excel in sound environmental management in order to assist that the nation fulfils its aspiration for sustainable development while its mission is to ensure protection of the environment and sustainable use of resources for enhancing the quality of lives of the people of Tanzania. The council was established by Act of Parliament No. 19 of 1983 as a corporate body with an advisory role. The Act was repealed and replaced by the Environment Management Act No. 20 of 2004 (Cap 191) which gave the Council more executive powers in managing the environment in Tanzania. Specifically, Section 17(1) of the Act states: ‘The objective and purpose for which the Council is established is to undertake enforcement and compliance, review and monitoring environmental impact assessments and in that regard shall facilitate public participation in environmental decision making, exercise general supervision and coordination of all matters relating to the environment assigned to the Council, under this Act or any other written law.’ The general mandates of NEMC have been summarized in section 18 of EMA, Cap 191 as follows: 40 TNA –Tanzania Upstream Petroleum Sector v. Enforce and ensure compliance of the National Environmental Quality Standards. vi. Carry out environmental audit, review and recommend for approval of Environmental Impact Statements (EIS). vii. Undertake and co-ordinate research, investigation and surveys in the field of environment and collect, and disseminate information of such research, surveys or investigation for, among other things, the proper management and conservation of the environment. viii. Rendering advice and technical support to entities engaged in natural resources and environmental management. ix. Enhancing environmental education and public awareness through programmes as well as establishing and operating a central environmental information system for sound environmental management, publishing and disseminating manuals, codes and guidelines relating to environmental management. x. Prevention or abatement of environmental degradation. xi. Initiating and evolving procedures and safeguards for the prevention of accidents which may cause environmental degradation and evolve remedial measures where accidents occur. xii. Identifying projects and programmes or types of projects and programmes of which environmental audit or environmental monitoring must be conducted. xiii. Undertaking any other functions as the Minister may assign from time to time. The organogram of NEMC reflects the different directorates and support units in the organization. National Environment Management Council Director General Legal Services Unit Internal Audit Corporate Planning Unit Procurement Management Unit Zonal Coordinators Environmental Planning and Research Enforcement and Compliance Environmental Impact Assessment Environmental Info, Communication and Outreach Finance and Administration Environmental Research Coordination Enforcement Registration Communication and Outreach Finance Environmental Planning of Special Areas Compliance Environmental Statement Review Education and Awareness HR Management and Administration Monitoring Environmental Trends Environmental monitoring Monitoring and Auditing Information Systems and Management 41 Fig. 17 NEMC organogram TNA –Tanzania Upstream Petroleum Sector NEMC has adopted a structure which organizes functions and responsibilities under five key result areas: a) b) c) d) e) compliance and enforcement; technical arbitration in environmental impact assessment; environmental planning and research; information, communication and outreach; and resource mobilization and capacity building in environmental management. The Council has defined 7 geographical zones of which 4 have operational units. The operational units include the Southern Highland Zone with offices in Mbeya, the Southern Zone with offices in Mtwara, the Northern Zone with offices in Arusha and the lake Zone with offices in Mwanza. The other three namely, the Western zone, Central and Eastern zone are not yet operational. Fig. 18 NEMC administrative zones 4.4.2 Baseline NEMC has a work force of 166 professionals covering various disciplines including engineers, sociologists, environmentalists, geologists and others. About 41% of staff is female employees. They work in teams and as general environmental officers. Oil and gas is not a profession they presently have specific competence within. 42 TNA –Tanzania Upstream Petroleum Sector Of the total number of professionals 45 are graduates with first degree, 60 have master’s degree and 6 have PhD. At present, 11 employees are pursuing master’s degree courses and 2 are pursuing PhDs. About 41% of the professional staff is women. Among the men 47% have MSc/PhD degrees. The share of MSC/PhD holders among the female staff is 78%. NEMC staffing level appear to be adequate despite the fact that they will require more personnel to fill in the gaps of the three zones which are yet to be operational. The Council has an added advantage of having a reduced work load due to the Government’s initiative of having environmental management units in sector ministries including the Ministry of Energy and Minerals. In addition, at regional administration level, there are environmental officers who follow environmental issues and liaise directly with NEMC and the Vice President’s office. NEMC has both a highly educated organization and a staff with a broad experience level. They also have an experience profile without any apparent gaps. There will be a number of staff ready for retirement within the next few years, but at the same time new employees are coming in to the organisation. The average employee has an experience in NEMC of 8 years and a total experience of 13 years. The experience is related to the level of education. Hence, the staff with an MSc degree Fig. 19 NEMC experience of staff has on average 11 years of experience with NEMC and 17 years in total while staff with a BSc on average has worked 4 years in NEMC and 7 years in total. But NEMC is pursuing an active policy supporting staff members to take additional education, and several of the present BSc staff will be expected to receive an MSc later. 4.4.3 Strategic challenges and urgent capacity needs The Council has a conscious view on competence development and conducts its own TNA and develops a comprehensive training programme. The implementation of this programme however, is facing financial constraints. The Council has placed development of competences in management of 43 TNA –Tanzania Upstream Petroleum Sector environment in oil and gas industry as a priority in line with their general slogan: ‘Keep on training until you become competent’. Activity Environmental Policy and framework Environmental Governance Tasks Development of policy Implementation of policy Application of legal framework Drafting of relevant laws Drafting of regulations Development of guidelines and use of standards Climate change and considerations Social and economic considerations Land use planning Coastal Zone management Assessment of EIA Scoping and conducting SEA Ecosystem-based Management Planning Environmental Permitting Compliance monitoring Conducting inspections Conducting system Audits Waste management Oil spill preparedness and contingency planning Oil spill clean-up Management of environmental data Environmental issues related to the petroleum value chain Required Actual Competence Competence 0-5 0-5 3 3,9 3 3,8 4 3,8 3 3 3,0 2,8 3 2,9 3 3,4 3 3,3 3 2,4 3 3,5 4 4,1 3 2,3 3 3,2 4 4 4 4 3 3,6 3,4 3,4 3,0 3,0 3 2,6 3 2,5 3 3,0 3 2,7 Fig. 20 NEMC staff competence and gaps The assessment of the challenges NEMC is facing and the short and medium term competences that needs to be developed is based on the interviews with the management and representatives of the staff as well as competence questionnaires submitted to the employees. There are some inconsistencies between these information sources. In general, the competence gaps were more explicitly expressed during the interviews than in the questionnaires. 44 TNA –Tanzania Upstream Petroleum Sector The general competence of NEMC appears to be good (Fig. 20). There are no significant gaps with regards to policy and framework. Most areas within environmental governance are also well covered in particular for the traditional governance areas as EIA assessment, monitoring and inspections. There is a more pronounced gap when it comes to conducting system audits. Also the scoping and conducting SEA is an area where competence should be strengthened. Both system audits and SEAs have a central position when it comes to environmental governance of the petroleum sector. More specifically related to the petroleum sector the following areas have been highlighted in the interviews and where competence that may need to be strengthened in order for the NEMC to carry out its mandate in the petroleum sector: i. ii. iii. iv. v. How do we manage waste from the petroleum activities What chemicals are used in the sector The role of NEMC related to major oil spills How to monitor petroleum activities How to manage expectations Although the staff express an adequate knowledge about the environmental issues related to the petroleum chain, this point is probably overrated in the questionnaires and both general knowledge and specific competence is still required. Staff members from NEMC participated at the OilSim basic petroleum training, but a broader approach to cover a larger part of the staff is needed. Oil spill contingency and oil spill clean-up are important areas related to the petroleum sector activities. Although the offshore petroleum resources so far have been gas, the future discovery of oil is possible. Further, there is substantial shipping traffic along the coast of Tanzania including large volumes of oil cargo. The responsibility for oil spill contingency rests with SUMATRA (Surface and Marine Transport Regulatory Authority). But NEMC will be requested to assist if an incident should occur. It is important that adequate training is conducted with emphasis on the interaction between the various stakeholders. The following measures are proposed to strengthen the petroleum sector related competence in NEMC: Additional basic petroleum training with a focus on the environmental aspects in the petroleum value chain; less extensive and more efficient options than OilSim can be considered. Basic training in waste management issues in the petroleum sector and the use of chemicals. Practical training in system auditing of petroleum sector companies; this training should be conducted on-the-job with proper coaching by a competent consultancy or institutional partner. Conduct exercises with SUMATRA and other key stakeholders in oil spill preparedness and response. 45 TNA –Tanzania Upstream Petroleum Sector 4.5 Department of Energy & Minerals; MLHWE, Zanzibar 4.5.1 Mandate, Organization and Operations The responsibility for petroleum sector in the Revolutionary Government of Zanzibar is within the Ministry of Lands, Housing, Water and Energy (MLHWE). This ministry has a very wide span of control and the appropriateness of this is an issue of future debate in particular if the new constitution provides new responsibilities for the petroleum sector (Fig. 21). MINISTER DEPUTY MINISTER STONE TOWN BOARD BOARD OF ZECO BOARD OF CONTRACTORS BOARD OF ZAWA CONDOMINIUM BOARD LAND TRANSFER BOARD PRINCIPAL SECRETARY OFFICR INCHARGE DEPUTY PS DIRECTOR OF ENERGY AND MINERALS DIRECTOR OF CONSTRUCTION DIRECTOR OF HOUSING AND HUMAN SETTLEMENT PEMBA DIRECTOR OF HR AND ADM DIRECTOR OF PLANNING POLICY AND RESEARCH DIRECTOR OF LAND AND REGISTRATION DIRECTOR OF URBAN AND RURAL PLANNING DIRECTOR OF SURVEY AND MAPPING HEADS OF DIVISION - PEMBA Fig. 21 Ministry of Lands, Housing, Water and Energy - Organogram The responsibility in MLHWE is further delegated to the Department of Energy and Minerals. Also this department has a wide responsibility and is structured in 5 divisions of which the Petroleum Exploration and Production Division is one. 46 TNA –Tanzania Upstream Petroleum Sector Department of Energy and Minerals Petroleum Exploration and Production Division Information, Communication and Education Unit Specialised Function Committees Energy Legal Unit Pemba Sub-office Energy Market Division Energy Resources Development Division Administration and Finance Division Oil and Gas Development Unit Energy Use Management Unit Policy, Research and Development Unit Human Resource Unit Up-stream Data Management Unit Quality Control and Standards Unit Energy Technologies Development Unit Planning Unit Petroleum Exploration and Production International Consultants Team Energy Supply Management Unit Electrification Development Unit Finance Unit Minerals and Geoscience Division Research & Development UNit Energy Data-base Unit Fig. 22 Department of Energy and Minerals, Zanzibar; Organogram The objective of the Department of Energy and Minerals is: To create a framework for production, procurement, transport, distribution and consumption of energy as an input to the development of Zanzibar in an environmentally sound manner To stimulate and attract private sector investment in the energy sector. The Petroleum Exploration and Production Division has however, not worked according to an explicit mandate. The petroleum sector is according to the Constitution a Union matter with the sector responsibility resting with the Ministry of Energy and Minerals and with TPDC as an implementing organization and with many technical and PSA related tasks delegated by the Government. The PSA between the Government of the United Republic of Tanzania, TPDC and Antrim of Canada which was signed on 29th January 1997, could not be implemented. Likewise, the second licensing round that took place in 2001 for Blocks 9, 10, 11 and 12 offshore Zanzibar and awarded to Shell, the PSAs were never concluded due to different positions on the future rights, responsibilities and sharing of potential revenues between Zanzibar and mainland. Zanzibar’s participation in the petroleum activities has been limited. They are represented in the negotiation team who is responsible for the PSA process and has recently been participating in 47 TNA –Tanzania Upstream Petroleum Sector preparation meeting for the 4th licensing round. The Principal Secretary of MLHWE is one of 10 members of the TPDC Board of Directors. 4.5.2 Baseline In August 2008 Bridge Consult carried out an organizational review and TNA of the Department of Energy & Minerals on behalf of Norad. At that point the political impasse based on a disagreement on the sharing of potential future petroleum revenues and which prevented any exploration to take place offshore Zanzibar, had lasted more than 10 years. This situation which implied that no meaningful functional responsibilities related to the petroleum sector were assigned to the MLHWE, created a situation where no essential capacity for petroleum resource management was developed. The report from 2008 gave the following summary: While the staff in DoEM generally have good educational background and are enthusiastic about the prospect of working with petroleum exploration, it is difficult not to identify wide gaps in all the defined needs for a governmental department responsible for upstream oil promotion, negotiation and monitoring. Unfortunately, the situation 6 years later is largely the same. There is still no political solution to the stalemate and the capacity and the gaps are as wide as they were in 2008. At that point the DoEM staff counted 6 professional and 19 support staff. Today the number is 9 professionals and 24 in the support category. Two new staff members with MSc degrees have been added and another staff member completed additional education also resulting in an MSc degree. While these additions in formal education are welcome, they can only be converted to institutional capacity through carrying out relevant functional tasks. 4.5.3 Strategic challenges and urgent capacity needs The Government of Zanzibar issued an Energy Policy in December 2009. Based on this policy an implementation plan has been prepared and issued by the Department of Energy and Minerals (8. August, 2013). This is a comprehensive strategic framework covering all energy areas as stipulated in the policy. 9 goals for the energy sector provide the foundation, and 77 strategies are developed. Neither the Energy Policy nor the implementation plan present any clear statements with regards to the present and future responsibilities of the petroleum sector with reference to the Constitution and the changes that are expected. As a footnote to the future activity on a petroleum act however, it is stated that the activity is subject to the URT constitutional change. We assume that this constitutional change also remains as an assumption for the other strategies and activities in the plan. The key goal for the development of the petroleum sector is the third goal in the document: A need to explore and increase the use of indigenous sources for energy supply 48 TNA –Tanzania Upstream Petroleum Sector The strategies in support of this goal are: 1. Establish and implement Petroleum law and its regulations. 2. Develop a comprehensive plan and model for exploration for fossil fuels and determine the benefit sharing relations between the Government and investors in potential fossil fuel findings in Zanzibar. 3. Build institutional administrative and professional capacity to handle exploration of fossil fuels onshore and offshore, as well as renewable energy sources. 4. Develop comprehensive conditions for exploration and production in relation to International Laws and Conventions that comply on environmental conservation. 5. Establishing guidelines based on good governance, fairness and transparency in managing all contracts of exploration and production of petroleum and natural gas that will be ratified by the Zanzibar House of Representatives. 6. Investigate and actively promote cooperation with local and foreign investors for investments in the energy sector. Review the Foreign Direct Investment (FDI) promotion conditions. The plan does not reflect the preparation of a petroleum policy which should be a logical step before the preparation of the legal framework starts. The existing Energy Policy is very general and does not in our opinion provide the necessary guidance on which a petroleum act can be built. Hence, we will recommend that the petroleum policy is introduced as the initial step. In the discussion between the TNA Team and Principal Secretary Ali Mirza, the PS emphasized the general principle of moving slowly forward and not to rush. The activities outlined in the plan seem to be in support of this principle. Within the first strategy one of the underlying activities is to establish a separate regulator for the petroleum sector within 2017. There is also a set of planning activities with the same time frame. The plan also reflects a separate TNA to be conducted in 201516. The timeline reflected in the implementation plan provides some time to implement measures to increase the competence and overall capacity of the petroleum authority. However, the implementation of these steps should commence immediately and not wait until the new constitution formally introduces the new mandate and responsibility. The TNA conducted in 2008 concluded that the gap was wide for all the functional responsibilities that were assessed. Some modest improvements with regards to the competence have taken place during the last 6 years from new employees being introduced and further education carried out. The experience level however, related to key functions has not changed. Further, the gap in the 2008 report was defined based on the functional responsibilities of the DoEM at that time. With the new assumption that the petroleum will be lifted out of the union matters and the full responsibility transferred to Zanzibar, the competence gap will widen further. 49 TNA –Tanzania Upstream Petroleum Sector Activity Petroleum policy and framework Resource Assessment Promotion Negotiation and contracting Monitoring of operations Development planning Data management and ICT Tasks Petroleum policy development Laws and regulations Model agreement Licensing strategy Area selection Guidelines for application Seismic Interpretation Geological Analysis Play analysis Prospect analysis Resource inventory Production forecasting Full cycle economic analysis Prepare promotional material Prepare promotional meetings Establish physical data room Contract virtual data room Evaluate license applications Conduct negotiations Technical support for negotiators Economical evaluation support G & G survey monitoring Drilling approval and monitoring Production monitoring Decommissioning monitoring PDO evaluation Data management systems Storage media, data storage and transfer Office software use Priority High High High High Medium Medium High High High High High Low Medium Medium Low Low Low Medium Medium Medium Medium Medium Low Low Low Low Medium Medium Medium Fig. 23 Prioritised areas for competence development in DoEM The main challenge however, will be that the staff available will be far too limited to take on the responsibility of the petroleum sector. A major recruitment campaign will have to be conducted if an independent regulator should be put in place and be anything close to handle its responsibility. The table presents the proposed priorities of functional tasks where measures on competence enhancement should be made (Fig. 23). These priorities primarily follow the petroleum value chain and the steps the authorities will have to take to support the development of the sector. The most urgent competence development is required within the area of petroleum policy and framework as this is a work which has to start as soon as possible. In parallel the basic process to be able to assess the resource potential should commence. Competence building within this area will take time and should therefore also start immediately. 50 TNA –Tanzania Upstream Petroleum Sector The present competence gaps cannot be filled through ordinary training. It is required that the staff can be put in positions where on-the-job training can take place. This may be achieved through secondment to oil companies or governmental institutions. In the TNA from 2008 the possibility of secondment to TPDC was identified. This option was also confirmed by TPDC, but has apparently not been followed up. The possibility is still considered feasible, but requires action from the PS. Alternatively, coaching/mentoring in Zanzibar will be an alternative where experienced counterparts can work together with representatives from the authorities on a long-term basis. The institutional cooperation model with short and limited visits by representatives from Norwegian institutions is not an adequate working model to achieve sustainable capacity development. 51 TNA –Tanzania Upstream Petroleum Sector 5. Challenges and key measures for competence building There is a significant awareness in all institutions with functional responsibilities for the upstream petroleum sector, that the competence needs to be strengthened both with regards to the petroleum sector as well as on policy and governance issues in general. A number of reports have been issued that describe the future staffing requirements and training needs. These documents in general however, present a need without documenting any assessment of the sector development or the present competence level. The plans presented are also very ambitious and states levels of new recruitment and training that are more than challenging to reach. The general feedback to the TNA team is that the training plans at best have only partially been implemented. The financial constraint is a main factor to this. The TNA team will also question if there is sufficient institutional capacity to absorb the high number of planned training activities, whilst the ability to fulfil roles and responsibilities is maintained. Every institution has an independent responsibility to identify competence needs and plan for how this can be developed. It is important however, that they assume a more focused and realistic approach than is reflected in the existing documents. Further, it is essential that each institution has a clear understanding of its functional responsibility with a reference to the present and future situation in the petroleum sector. The available budget will always constitute a constraint both to recruitment and competence development. It is therefore important for each institution to be able to prioritise and execute the most urgent training needs based on a firm understanding of and focus upon the immediate petroleum sector decision gates. The TNA has identified a wide range of gaps which should be closed through appropriate competence development measures in the short and medium term. Some of these gaps relate to the lack of basic knowledge about the petroleum sector in terms of terminology, operations and technology. These gaps can be filled by ordinary training activities. However, the more important gaps are related to how the institutions should carry out their functional responsibilities. To achieve sustainable competence development within these areas it will be necessary to apply the new knowledge in an active working situation. This requirement is recognized by the institutions and they have all expressed a great need for “on-the-job training” to support a better in depth understanding of the petroleum sector, especially the offshore activities. Several initiatives have been discussed with oil companies like Statoil and BG. On the job training adds to more formal training activities, e.g. courses and educational studies. The TNA team supports on-the-job training or an actively coached approach, as very effective measures to develop competence. A structured on-the-job training can be executed both internally in the institutions and externally at oil company’s production facilities or offices. A combination of the two is recommended to avoid heavy personnel drainage to external assignments. Based on experience, use of multidiscipline teams working with real tasks is the optimal way to achieve the best effect of on-the-job training. Teams can also be organised with participants from different companies and institutions if the task to be solved allows for this. This agreement between Norway and Tanzania for support to the capacity development of the petroleum sector is based on an institutional cooperation structure where a governmental institution 52 TNA –Tanzania Upstream Petroleum Sector in Tanzania with an assigned functional responsibility within the petroleum sector should link up with the appropriate counterpart in Norway. While this should be a good model for developing the desired competence of the institutions in Tanzania, a key challenge is the limited availability of the Norwegian institutions. This TNA has identified a large number of important gaps, but also concluded that many of these gaps can only partly be filled through short-term training and interaction. In general, effective, efficient and sustainable competence building requires a continuous and active interaction between the partners. The Norwegian institutions however, are normally only available to actively interact in short periods and will not be able to fill the required role. It will be possible to identify consultants who can supplement the institutions and serve in the long-term coaching role which is necessary in close cooperation with the Norwegian petroleum authorities. For the more technical functions and where on-the-job training is considered as an adequate approach, it is logical to have oil companies involved in the PSAs are natural candidates. And while they cannot give insight to the authority perspective, they will provide valuable opportunities on the operational aspects of the petroleum value chain. However, the capacity of an oil company within major parts of the value is often limited as many tasks are carried out by suppliers and service companies. 53 TNA –Tanzania Upstream Petroleum Sector 6. General observations and recommendations on the petroleum sector organisation 6.1 The role of TPDC The Government of Tanzania has organized its governance of the petroleum sector by having a rather small ministry with a policy responsibility for the sector and a larger national oil company (TPDC) with a delegated role to implement the policy. This implies that TPDC is delegated several key governmental functions related to the sector governance. This includes the acquisition, processing and management of petroleum data. Further, the functions include resource assessment and managing the licensing process. TPDC will also conduct monitoring and ensure that the licensing terms are complied with. This delegation of roles to the national oil company whereupon this entity both will undertake governmental functions as well as being a commercial participant, is a way of organizing the sector several countries have adopted. But there is also extensive experience on some of the challenges which may arise. One of these is the broad scope of responsibilities commonly assigned to the NOC which makes it difficult to maintain a commercial focus. Further, it is also fundamentally problematic that a NOC is managing a licensing process which also involves future license interest to the same company. Also the supervision and monitoring by the NOC of licenses in which the company have future commercial rights is a contradiction. We will therefore recommend that the future role of TPDC is scrutinized with the perspective of how the policy, regulative and commercial functions of the State is best addressed. We are aware that this is a current discussion in the Government and that a concept of establishing an independent regulator for the sector is proposed. We will encourage this process to continue. 6.2 The organization of MEM The Ministry of Energy and Minerals has organized the institution in two departments with responsibility of energy and minerals respectively. The Energy Department has separate units for petroleum and gas utilization. The Gas Utilization Section was established in 2012 in response to the substantial offshore gas discoveries made and the ambition of Tanzania to become a gas nation. This split of key responsibilities of the petroleum sector however, has been challenging. This is partly a result of that key decisions on the gas development must be made with reference to the PSAs which are assigned to the Petroleum Section rather than the Gas Utilization Section. A good communication between the units also seems to be difficult to establish. Based on the importance the petroleum sector is likely to have in the future for Tanzania, we propose that a separate Petroleum Department is being considered. This department will include both the Petroleum Section and the Gas Utilization Section. The department should be headed by a separate commissioner reporting to the Permanent Secretary. Also the organization of a Petroleum 54 TNA –Tanzania Upstream Petroleum Sector Department should be further evaluated in the context of the establishment of a possible independent regulator. It may be considered if separate sections for exploration/licensing, development and marketing should be established. We will also propose that the option of having legal officers in the Petroleum Department is considered to strengthen the competence on petroleum legal issues. 6.3 The organization of HSE As discussed in the chapter addressing OSHA, this institution is mandated by the Occupational Health and Safety Act of 2003 which applies to all workplaces including the petroleum sector. It is presently unclear however, how the role of TPDC as an implementer and monitoring the PSAs should be harmonized with the functional responsibilities of OSHA. But as pointed out above the future role of TPDC should be reconsidered. The aspects of HSE relevant for the petroleum sector are very different from the issues normally considered by OSHA. Hence, it should be considered if a separate Petroleum Safety Authority should be established. Alternatively, this unit may be a part of OSHA, but it should be given a separate mandate and the necessary resources to develop the required institutional capacity. 6.4 The environmental responsibilities for the petroleum sector NEMC has a general national environmental responsibility with the perspective of ensuring the integrity of Tanzania’s environment for sustainable development. This responsibility covers all sectors and NEMC has chosen to organize the institution according to main functions rather than reflecting a sector responsibility. While arguments can be raised in support of this model, it is also challenging with regards to building the required sector competence. In light of the future importance of the petroleum sector also for the environment, NEMC should consider to reflect a sector perspective in the organization. Although the future role of TPDC is up for discussion, a national oil company will always have a responsibility and a role to fill with regards to the protection of the environment. TPDC today has only one person assigned to this area and their capacity should be improved. Also the interaction with NEMC should be defined and strengthened. 6.5 The organization of the petroleum sector in Zanzibar The present responsibility of the petroleum sector in Zanzibar is within the Ministry of Lands, Housing, Water and Energy. The Department of Energy and Minerals is one of seven departments within MLHWE. In DoEM the Petroleum Exploration and Production Division is one of five divisions. If the new constitution implies that the petroleum sector will become a non-union matter and the sector responsibility for the Zanzibar continental shelf transferred to the Zanzibar authorities, it is required that the petroleum sector responsibility receives a substantially more visible position in the Government administration. It is prudent to consider if the scope of MLHWE is too broad and the present Department of Energy and Minerals should be given a ministry status. 55 TNA –Tanzania Upstream Petroleum Sector 7. Gender The Government has a clear focus on the gender issues with the functional responsibility for gender mainstreaming and women development delegated toMinistry of Community Development, Gender and Children The Vision 2025 for Tanzania Mainland stipulates equality between men and women as laid down in the Constitution and recognizes gender equality and the empowerment of women in all socioeconomic and political relations and cultures as one of the strategies to attain the vision. Key national policy frameworks such as the Strategy for Growth and Reduction of Poverty have identified gender equality and women’s empowerment as among the major development issues which require multi-sectoral approaches. Tanzania’s Five Year Development Plan (FYDP) emphasizes women’s economic empowerment as a means of bringing about equality in economic empowerment. The gender issue was raised in the interviews the TNA team conducted with the institutions involved. All institutions confirmed their attention to this matter. In general the women were well represented at all levels in the organisations. Institution MEM- Petroleum Section TPDC - DEPTS OSHA NEMC MLHWE – DoEM (Zanzibar) Men 7 45 78 98 19 Women 2 10 34 68 14 % 22 18 30 41 42 Fig. 24 Gender distribution in the institutions Some of the specific information received during the interviews: MEM Interviews with female staff members confirmed that they were recognized and respected on equal terms. The Ministry has a dedicated desk officer dealing with gender issues. TPDC: There is no gender policy in place in TPDC or other steering documents reflecting objectives or principles with regard to gender issues. Of the 55 employees in DEPTS, 18% are women. The director of the directorate is presently a woman. OSHA The gender issue is reflected in the strategic plan of OSHA. This is one of three cross-cutting areas. The others are environment and HIV. There is a separate gender unit headed by the head of the legal unit. 56 TNA –Tanzania Upstream Petroleum Sector Of the total OSHA staff of 112, 30% are women. Among the professional staff of 52, the female share is 33%. There is an equal number of both genders in the MSC/PhD group. The female share is increasing within the areas of hygiene and construction, but is still lacking within the electrical unit. An equal number of men and women should be sent for training. The law requires minimum 1/3 in the organization. The trade union has also a women group. As for gender mainstreaming at OSHA, the meeting was informed that OSHA has adequate programmes for mainstreaming gender into the organization. Equal opportunities are granted to both genders and special treatment is granted to female in matters of employment, advancement in career consistent with the National Gender Policy. NEMC NEMC has an organization of 166 employees with 41% women. There are 45 female professionals; 78% of these have MSc/PhD degrees. NEMC have not developed any gender policy for the institution; they in general adhere to the national policy on gender. Still gender issues are focused; more awareness should be raised and it should be demonstrated that the activities under the NEMC responsibility are for both genders. Campaigns to increase awareness are needed for women to build confidence to perform at their required level. DoEM - MLHWE The gender issue was recognized, but no explicit strategy was in place. In general men and women were treated equally, but there were only two women in the department. It was considered easier to achieve funding for competence development for women. Zanzibar considered themselves better on gender issues than the mainland. 57 TNA –Tanzania Upstream Petroleum Sector 8. References ACIL Tasman: Economic Impacts of the Oil and Natural Gas Industry in 2011 – Papua New Guinea; February 2008 African Development Group: PROJECT: Support to Technical Vocational Education and Training and Teacher Education, April 2013 Association of Tanzania Employers (ATE): Skills development Assessment; 2011 CRES (Centres de Reserches, Enterprises et Sociétés): Skills Shortages in the global Oil and Gas Industry: How to close the gap; December 2012 Department of Energy and Minerals, MWCEL - Zanzibar: The Implementation Plan of the Zanzibar Energy Policy; June 2013 Education Sector Development Committee: Education Sector Performance Report 2011/12; September 2012 Energy Institute: Skills needs in the energy industry; January 2008 Ernst & Yong: Natural Gas in Africa – The frontiers of the golden age; 2012 HEARTH: Engaging the private Sector in Skills Development; January 2013 International Growth Centre:Lessons for Developing Countries from Experience with Technical and Vocational Education and Training; January 2012 INTSOK: East African Annual Market Report 201 4- 2017; June 2013 Local Content Solutions Ltd: Local Content Policy in the Petroleum Sector in Tanzania: Core Issues, Expenditure Categories and Road Map; March 2012 Ministry of Education and Vocational Training: Medium Term Strategic Plan 2010/11 – 2012/13 Ministry of Education and Vocational Training: Technical and Vocational Education and Training Development Programme (TVETDP) 2013/14 – 2017/18; April 2013 Ministry of Energy and Minerals: Human Capital Development Programme in the Oil and Natural Gas sub-sector; August 2012 Ministry of Energy and Minerals: Human Capital Development Programme in the Oil and Natural Gas sub-sector; March 2013 Ministry of Energy and Minerals: National Oil and Gas Training Needs, May 2013 Ministry of Energy and Minerals: Tanzania’s Energy Sector, January 2014 Ministry of Energy and Minerals, Energy Department: Proposed Training Programme2012/2013 Ministry of Water, Construction, Energy and Lands – Zanzibar: Zanzibar Energy Policy; December 2009 58 TNA –Tanzania Upstream Petroleum Sector Mineral Resources Institute: Mineral Resources Institute Prospectus 2013; June 2013 Ngowi, Honest Prosper: Skills Development to Meet the Needs of Oil and Gas Industry in Tanzania; July 2013 NORAD: Bridge: Organizational review and TNA forDepartment of Energy – MWCEL, Zanzibar; October 2008 NORAD: Mapping and analysis of the needs for petroleum related education in Tanzania (Norad Report 16/2013); December 2013 OECD: Innovation in skills development in SMEs President’s Office, Planning Commission: The Study on national Skills Development to facilitate Tanzania to become a strong and competitive economy by 2025; October 2012 PWC:Economic Impacts of the Oil and Natural Gas Industry in 2011; July 2013 Schlumberger: Bridging the Talent Gap; Oil Field Review - 2013 Schlumberger Business Consulting: Local Content to fuel African Oil Growth; November 2012 Statoil: Tanzania Gas Project; August 2013 TPDC: Overview of Petroleum Exploration and Business Opportunities in Tanzania, January 2014 UNIDO: Tanzania Industrial Competitiveness Report 2012 59 TNA –Tanzania Upstream Petroleum Sector Attachment 1 TNA – Terms of Reference 60