The Minister of State for Mineral Development, Ms Phiona Nyamutoro (C), Undersecretary Finance and Administration in the Ministry of Energy and Mineral Development, Ms Grace Tusiime (L) and Commissioner Geological Survey in the same ministry, Dr Fred Alex Tugume, during the stakeholder consultation workshop on the draft Earth Scientists Registration Bill (2024) in Kampala on Tuesday. PHOTO | COURTESY
The government has drafted a raft of clauses in the proposed Earth Scientists Registration Bill (2024) that seeks to register, supervise and regulate Earth Scientists in the country.
An Earth Scientist, according to the Bill, is someone with a degree or relevant qualifications in any of the undermentioned fields or disciplines intending to practice in the extractive industry or study of the earth for underground water or earth movements.
The fields include; geology, geophysics, geochemistry, metallurgy, geoscience, geotechnical engineering, engineering geology, mining survey geospatial science, mining engineering, hydrogeology, geological hazards and such similar disciplines as approved by the Earth Scientists Registration Board.
Dr Fred Alex Tugume, the Commissioner Geological Survey department in the MEMD, says they are putting this regulation after realising that the country has for long been flooded with many quack Earth Scientists.
“We want to have a standard that if you are going to do some work, you should have requisite qualifications, experience, and be recognised,” he said on Tuesday, adding, “The quacks have really spoiled the name of Earth Scientists.”
Mr Isa Lugayizi, a Principal Geoscientist in the Mines Department at the MEMD, says many people are masquerading as geoscientists and conning investors of colossal sums of money.
“We are proposing this law so that those in the profession have permits. There have also been concerns that local content is not well-utilised and that we are bringing in experts yet we have many qualified experts who are being challenged by fake professionals,” Mr Lugayizi said.
As per the proposed Bill, among other clauses, a person who seeks to be registered in the register of earth scientists shall be eligible if he or she has a degree in a field or discipline of earth scientists or an equivalent qualification recognised by the Board.
Alternatively, if he or she is a member of a professional body in a discipline of earth scientists, the membership of which is recognised by the Board as furnishing a sufficient guarantee of academic knowledge of and practical experience in the discipline of earth science.
“A person shall not practice earth science in Uganda without a certificate of practice or licence of practice issued in accordance with this Act,” the draft of the proposed Bill reads in part.
It adds: “A person to whom sub-section (1) above applies, is entitled to payment of professional fees as prescribed by regulations made under this Act.
“A person who practises as an earth scientist contrary to subsection (1) commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or imprisonment not exceeding two years, or both.
Ms Layola Karobwa, the Senior Legal Officer in the Ministry of Energy and Mineral Development (MEND), however, says it is just a draft for discussion purposes not for circulation because it is still under “significant improvement”.
“We are consulting on the Earth Scientists Registration Bill which is still a draft, and the process of law-making is that we must consult stakeholders so that they make input for us to improve the Bill.
“It is not yet law as there are still several processes for it to go through,” Ms Karobwa said, adding that this Bill was first developed as part of the Mining and Minerals Act (2021), which was passed in 2022 by the 11th Parliament.
“However, Parliament recommended that earth science is not only practised in mining, so we followed that decision and a draft was prepared which has gone through several stages of review and improvement by the MEMD and we now seek stakeholders’ input,” she added.
Once the stakeholders’ input has been incorporated, Ms Karobwa says the next stage is for it to go to Cabinet for consideration and approval, after which it will be presented to Parliament for debate and decision-making.
“This law is long overdue; some of the titans of the mining industry started working on it as far back as 2003 with the old Mining Act. So, it is a priority and we intend to expedite it. Our target for now is this financial year which ends in June,” said Ms Karobwa.
The Minister of State for Mineral Development, Ms Phiona Nyamutoro, said it is a requirement by the government that consultations with stakeholders be undertaken prior to approval of any legislation.
BACKGROUND
Following the enactment of the Mining and Minerals Act (2022), Parliament directed that a separate Bill on Earth Scientists Registration Board Bill (2024) be drafted and passed into law.
Consequently, the Earth Scientists Bill (2024) has been drafted by the First Parliamentary Council taking into consideration the comments and observations of the technical officers of the Ministry of Energy and Mineral Development and other stakeholders.
